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Agenda 06-02-20 The City of Boynton Beach City Commission Agenda Tuesday, June 2, 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 817 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 June 2, 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 Page 2of817 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 3of817 1. Openings A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay 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. Announcement of June Events by Eleanor Krusell, Public Communications & Marketing Director. B. Announce FY 20/21 Budget Workshops dates and times. C. Proclaim Friday, June 5, 2020 as National Gun Violence Awareness Day. Miriam Laing of Moms Demand Action for Gun Sense in America will accept the proclamation. 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. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R20-044- Authorize Mayor to sign the Locally Funded Agreement between the City of Boynton Beach and Florida Department of Transportation for the design of a complete street and vision zero project of Boynton Beach Boulevard from NW 4th Street to Federal Highway (US-1). B. Proposed Resolution No. R20-045- Authorize Mayor to sign I nterlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA to fund the complete streets design and construction of Boynton Beach Boulevard between NW 4th Street and Federal Highway (US-1). C. Proposed Resolution No. R20-046- Approve and authorize the City Manager to sign the revised Dog Park Maintenance Agreement between the City of Boynton Beach and Boynton Town Center Master Association, Inc. for the perpetual maintenance of the Joseph Crowder Dog Park, subject to final approval of the City Attorney. Page 4of817 D. Proposed Resolution No. R20-047- Authorize Mayor to sign interlocal agreement between the City of Boynton Beach and the Boynton Beach CRA to provide funding for the construction of the East Boynton Beach Boulevard Extension streetscape and parking improvements. E. Proposed Resolution No. R20-048-Assess the cost of nuisance abatement on properties within the City of Boynton Beach. F. Proposed Resolution No. R20-049- Amend the fiscal year 2019-20 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital I mprovement Fund (302) as it relates to the I LAs with the CRA to fund Boynton Beach Boulevard Extension streetscape and parking improvements and Boynton Beach Boulevard complete streets project. G. Proposed Resolution No. R20-050- Authorize the City Manager to sign a Government Obligation Contract and related documents with Fleetwood Financial. Fleetwood Financial Leasing LLC is financing the purchase of the City's new Eventide playback/recording system purchased from Interaction Insight Corporation. H. Approve Task Order UT-3D-03 with Baxter & Woodman,lnc., in the amount of $94,561 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 for 30% civil engineering design plans and assistance with the City's 2021 Transportation Alternative Program grant application. I. Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. J. Approve an increase of $83,120 to the existing purchase order for sulfuric acid with Shrieve Chemical Company utilizing the previously approved City of Lake Worth Bid No.17-109 which expires October 17, 2020. This will bring the total approved expenditure to $211,000 for the year. K. Proposed Resolution No. R20-051 - Approve Piggy Back of the Palm Beach County, FL Sole Source Solicitation SS150946/CC with Hach Company for Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a piggy-back contract with Hach. The maximum anticipated annual expenditure under this contract is expected to be $100,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of Products and Preventive Maintenance Services on Hach Products. L. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for June 2, 2020 - "Request for Extensions and/or Piggybacks." M. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the highest ranked firm Globaltech, Inc. of Boca Raton, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 006-2821-19/TP East Water Treatment Plant Generator Replacement Progressive Design Build and per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. N. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, Florida Technical Consultants, LLC. of Boynton Beach, FL. and establish a contract in accordance with the Request for Qualifications (RFQ) No. 007-2821- 20/TP for Geographic Information System (GIS) Engineering Services and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. O. Proposed Resolution No. R20-052— Authorizing the City Manager to enter into a National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding with CareerSource Palm Beach County to provide temporary jobs to assist with humanitarian aid, clean up and restoration activities due to COVI D-19. R Approve minutes from the City Commission meeting on May 19, 2020. Page 5of817 7. Consent Bids and Purchases Over$100,000 A. Proposed Resolution No. R20-053- Authorize the City Manager to sign the proposal for the purchase of 5 Mobile Diesel Generators and one Mobile Parallel Box from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor for the sum of $332,960 through the national Sourcewell Contract #120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-011 - Second Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). Proposed Ordinance No. 20-012- Second Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to I PUD I nfill Planned Unit Development. B. Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. Applicant: Jarod Doros, JWD Builders. (Tabled from the May 19, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-013- Second Reading - Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Proposed Ordinance No. 20-014 - Second Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. D. Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to I PUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staff's 21 recommended conditions of approval plus two additional Board conditions. (Tabled from the May 19, 2020 Commission Meeting.) E. Proposed Ordinance 20-016 - Second Reading - Discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. F. 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. (This agenda item has been continued to the June 16, 2020 Commission Meeting.) G. 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 June 16, 2020 Commission Meeting.) 9. City Manager's Report A. Review and discuss staffs report on the City's Home-based Business Regulations and comparison with the Village of Wellington's home-based business standards. Page 6of817 10. Unfinished Business - None 11. New Business - None 12. Legal A. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (Tabled to the June 16, 2020 Commission Meeting.) Staff has an update for the City Commission on this item. See attached correspondence from Florida Textile Recycling (copy of email). Staff recommends removing this item from the table for discussion. Mr. Douglas will be available to speak to the item as well. 13. Future Agenda Items A. Provide update on potential sale of the Nichol's property to Pulte Homes- TBD B. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD C. Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning: (1) Article III. Zoning Districts and Overlays, Section 1.13. and Sections 2.0 and 2.E., to set maximum building height consistent with Single-Family regulations and to modify development standards for selected non-conforming lots; and (2) Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental and to allow Professional & Technical Schools in Industrial (1) pods within Quantum Park, and to allow Self-Service Storage in the C-4 zoning district; and (3) Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria, and to add Section 3.AA, In-ground Storm Shelters. - June 16, 2020 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 7of817 1.A. OPENING ITEMS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay 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 8of817 2.A. OTHER 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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 9of817 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Announcement of June Events by Eleanor Krusell, Public Communications& Marketing Director. Explanation of Request: There are four free public events scheduled for June as follows: • Fire Station#1 Drive-By- Wednesday, June 3 (12 pm to 1 pm) • D-Day 75th Anniversary at Boardwalk Italian Ice & Creamery - Saturday, June 6 (2 pm to 4 pm) • Free Play at the Links- Sunday, June 7 (first tee-time: 6:45 am) • Flag Day (Location TBD) - Sunday, June 14 (time to be determined) Please follow us on Facebook, Twitter, I nstagram and Next Door for updates. How will this affect city programs or services? Support services are provided by the Fire Department, Police Department and The Links at Boynton Beach Golf Course. Fiscal Impact: Budgeted These four Town Square and/or Centennial Events were budgeted in the Town Square (Community Promotions & Marketing) and Special Events (Centennial) budgets. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 10 of 817 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Announce FY 20/21 Budget Workshops dates and times. Explanation of Request: Our FY 2020/2021 Budget process is underway. Budget workshops are scheduled to be held July 13-15, 2020 in the Police Station Community Room, 2100 High Ridge Road: Monday July 13, 2020: 5:00 p.m. Tuesday, July 14, 2020: 10:00 a.m. Wednesday, July 15, 2020: 2:00 p.m. The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: Page 11 of 817 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proclaim Friday, June 5, 2020 as National Gun Violence Awareness Day. Miriam Laing of Moms Demand Action for Gun Sense in America will accept the proclamation. Explanation of Request: Moms Demand Action started three groups in Palm Beach County. National Gun Violence Awareness Day started in 2015 and uses the slogan "Wear orange". The color orange has a long and proud history in the gun violence prevention movement, whether it is worn by hunters or activists. Orange expresses our collective hope as a nation, a hope for a future free from violence. This proclamation declares the first Friday in June to be National Gun Violence Awareness Day in the City of Boynton Beach to honor and remember all victims and survivors of gun violence and to declare that we as a country must do more to reduce gun violence. How will this affect city programs or services? No impact. Fiscal Impact: Non-budgeted N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation - National Gun Violence Awareness Day Page 12 of 817 fDroe1 am ent i on WHEREAS,everyday,more than 100 Americans are killed by gun violence and on average there are more than 13,000 gun homicides every year. Americans are 25 times more likely to die by gun homicide than people in other high- income countries. Gun homicides predominantly occur in cities,with more than half of all firearm related gun deaths in the nation occurring in 127 cities,and WHEREAS,cities across the nation,including in Boynton Beach,are working to end the senseless violence with evidence-based solutions. Protecting public safety in the communities they serve is mayors'highest responsibility. Support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns away from people with dangerous histories,and WHEREAS,mayors and law enforcement officers know their communities best,are the most familiar with local criminal activity and how to address it,and are best positioned to understand how to keep their citizens safe,and WHEREAS,the pandemic facing America has drastically impacted communities and individuals sheltering in place which may result in situations where access to firearms results in increased risk in intimate partner violence gun deaths,suicide by gun and unintentional shootings, WHEREAS,in January 2013,Hadiya Pendleton,a teenager who marched in the presidential inaugural parade and was tragically shot and killed just weeks later,should be now celebrating her 23rd birthday. To help honor Hadiya —and the more than 100 Americans whose lives are cut short every day and the countless survivors who are injured by shootings every day—a national coalition of organizations has designated June 5,2020,the first Friday in June,as the 6th National Gun Violence Awareness Day,and WHEREAS,the idea was inspired by a group of Hadiya's friends,who asked their classmates to commemorate her life by wearing orange,they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life,and WHEREAS,anyone can join this campaign by pledging to Wear Orange on June 5th,the first Friday in June in 2020, to help raise awareness about gun violence. By wearing orange on June 5,2020 Americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors,and WHEREAS,we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands,and encourage responsible gun ownership to help keep our children safe. NOW THEREFORE,I,Steven B.Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the first Friday in June,the 51'day of June of Two-Thousand Twenty as: NATIONAL GUN VIOLENCE AWARENESS DAY I encourage all citizens to support their local communities'efforts to prevent the tragic effects of gun violence and to honor and value human lives. 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 2nd day of June Two-Thousand Twenty. Steven B.Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 5.A. ADMINISTRATIVE 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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 D Attachment Appointments and Applicants for June 2, 2020 Page 14 of 817 Appointments and Applicants for June 02, 2020 Building Board of Adjustments and Appeals Mayor Grant Alt 2 yr term to 12/21 1 Katz Reg 2 yr term to 12/21 11 Hay Reg 2 yr term to 12/21 Applicants: None Education and Youth Advisory Board Mayor Grant STU NV 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board I Katz Alt 2 yr term to 12/21 (Tabled 3) 11 Hay Alt 2 yr term to 12/20 Applicants: None Library Board 11 Hay Reg 2 yr term to 12/21 III Romelus Reg 2 yr term to 12/20 IV Penserga Alt 2 yr term to 12/21 Mayor Grant Alt 2 yr term to 12/20 Applicants: None Page 15 of 817 6.A. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-044- Authorize Mayor to sign the Locally Funded Agreement between the City of Boynton Beach and Florida Department of Transportation for the design of a complete street and vision zero project of Boynton Beach Boulevard from NW 4th Street to Federal Highway (US-1). Explanation of Request: On June 18, 2019 the City Commission approved resolution #R19-064, which authorized the Florida Department of Transportation to proceed with the design, construction, and administration of the Boynton Beach Boulevard complete streets project, between NW 4th Street and Federal Highway (US-1). FDOT is now requesting the City enter into a Locally Funded Agreement (LFA) and transmit payment for the City's portion of the design cost ($205,000). Payment is due within thirty (30) days of execution of the LFA. As contemplated by the proposed ILA between the City of Boynton Beach and the Boynton Beach CRA the design fees associated with this project will be reimbursed by the CRA up to $250,000. How will this affect city programs or services? The design will help connect neighborhoods with Town Square, schools, retail, services, marina, parks, and offices. Fiscal Impact: Budgeted Funding for this project will be allocated in account#302-4905-580.63-08, project#TR2002. Alternatives: None Strategic Plan: Redevelop Downtown, Transportation and Mobility Strategic Plan Application: This project improves Boynton Beach Blvd, the main access road from 1-95 to the Downtown area. The approval of this item will assist in the furtherance of: • Boynton Beach Greenways, Blueways and Trails Plan • Boynton Beach CRA Plan • Boynton Beach Climate Action Plan (CAP) Climate Action: Climate Action Discussion: Page 16 of 817 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Locally Funded Agreement W th F D OT for Complete Streets D Location Map Project Location Map D Agreement Complete Street Locally Funded Agreement with FDOT D Attachment R1 9-064 Agenda Backup Page 17 of 817 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE MAYOR TO SIGN THE LOCALLY FUNDED 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN 6 OF A COMPLETE STREET AND VISION ZERO PROJECT OF 7 BOYNTON BEACH BOULEVARD BETWEEN NW 4TH STREET AND 8 FEDERAL HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on June 18,2019 the City Commission authorized the Florida Department 10 of Transportation to proceed with the design, construction, and administration of the Boynton 11 Beach Boulevard Complete Streets project, between NW 4th Street and Federal Highway; and 12 13 WHEREAS, FDOT is now requesting the City enter into a Locally Funded Agreement 14 and transmit payment for the City's portion of the design cost in the amount of $205,000.00; 15 and 16 17 WHEREAS, the design will help connect neighborhoods with Town Square, schools, 18 retail services, marina,parks and offices. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission authorizes the Mayor to sign the Locally Funded 26 Agreement between the City of Boynton Beach and Florida Department of Transportation for 27 the design of a complete street and vision zero project of Boynton Beach Boulevard from NW 28 4th Street to Federal Highway. A copy of the Locally Funded Agreement is attached hereto and 29 made a part hereof as Exhibit"A". 30 Section 3. This Resolution will become effective immediately upon passage. 31 1 S:\CA\RESO\Agreements\Locally Funded Agreement With FDOT To Proceed Complete Streets Project-Reso.Docx Page 18 of 817 32 PASSED AND ADOPTED this day of , 2020. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Ty Penserga 41 42 Commissioner—Justin Katz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner— Christina L. Romelus 47 48 VOTE 49 ATTEST: 50 51 52 53 Crystal Gibson, City Clerk 54 55 56 57 58 (Corporate Seal) 2 S:\CA\RESO\Agreements\Locally Funded Agreement With FDOT To Proceed Complete Streets Project-Reso.Docx Page 19 of 817 !k r i JI f ON cj, Jo Si f � t t � 4 I 'x 1 3 �a >;711 it* �r�'l�•i 2 i� tittl ( � iI„ 00 00 O Cj t o 5 � If I, FM No: 444079-1-32-01 FEID No:VF-596-000-282 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and City of Boynton Beach located at 3301 Quantum Blvd., Suite# 101, Boynton Beach, Florida 33425, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT provide additional financial assistance to the DEPARTMENT for the continued development (design) of a full set of signed and sealed roadway construction plans for the DEPARTMENT's complete street improvements at various locations along Boynton Beach Blvd. from NW 4t" Street and US-1/Federal Highway in Palm Beach County, Florida. (Financial Management (FM) Number 444079-1-32-01, Funded in Fiscal Year 2020/2021) as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to the Project; and WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution No. 2020- dated the day of 20 , a copy of which is attached hereto and made a part hereof, authorizes the Mayor, Vice-Mayor, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following- 1. ollowing:1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions. Page i Page 21 of 817 5. The total cost for the Project is estimated to be EIGHT HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NO CENTS ($836,530.00). The PARTICIPANT's share of the Project is an estimated amount of TWO HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds provided, the difference will be refunded to the PARTICIPANT. In the event the actual cost of the Project, without modifications, results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. (A) The PARTICIPANT agrees that it will, within thirty days of the execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the DEPARTMENT's Work Program. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Number 444079-1- 32-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 444079-1-32-01. Payment shall be mailed to: Florida Department of Transportation Program Management Unit -Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may also submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 4834783896 ABA # 121000248 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial project #444079-1-32-01 In order for FDOT to receive credit for the funds due to the Department, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. Once the wire transfer is complete, please contact Kenneth Ward at 850-414-4886. Page 2 Page 22 of 817 (B) If the Project costs are in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent that Project costs are in excess of the advanced deposit amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) calendar days, a letter must be submitted to and approved by the DEPARTMENT's Project Manager indicating the date the deposit will be made and the DEPARTMENT's written consent to the payment of the additional deposit on said date. The PARTICIPANT understands the request and approval of the additional time could delay the Project, and additional costs at the PARTICIPANT's expense may be incurred due to delay of the Project. In the event of non-payment, the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the Department's Work Program. (C) Should Project modifications occur that increase the PARTICIPANT's payment for the Project costs, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the cost of the Project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will exceed the deposit amount. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. Funds due from the PARTICIPANT during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S. In the event the PARTICIPANT fails to make the additional payment within the time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves the right to terminate this Agreement. (D) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment to the Consultant. The DEPARTMENT considers the Project complete when the final payment has been made to the Consultant, not when the design work is complete. All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, the excess funding will be refunded to the PARTICIPANT. If the final accounting is not performed within three hundred sixty (360) days, the PARTICIPANT is not Page 3 Page 23 of 817 relieved from its obligation to pay. (E) In the event the final accounting of total Project costs indicate that the Project costs are greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 8. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM#444079- 1-32-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 9. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 10. The PARTICIPANT/Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT / Vendor/ Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, Page 4 Page 24 of 817 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 representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Binod Basnet A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Boynton Beach 3301 Quantum Blvd., Suite #101 Boynton Beach, Florida 33426 Attn: Gary Dunmyer, M.B.A., P.E., City Engineer With a copy to: City Attorney The remainder of this page left intentionally blank Page 5 Page 25 of 817 IN WITNESS WHEREOF,the PARTICIPANT has caused this Agreement to be executed in its behalf, by the Chairman/Councilman of the CITY OF BOYNTON BEACH or its designee, as authorized by Resolution No. , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its Director of Transportation Development or authorized designee: STATE OF FLORIDA CITY OF BOYNTON BEACH DEPARTMENT OF TRANSPORTATION BY: BY: NAME: STEVEN C. BRAUN, P.E. TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST: APPROVED: (AS TO FORM) BY: BY: CITY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL APPROVED: APPROVED: BY: BY: CITY ATTORNEY DISTRICT PROGRAM MGMT. ADMINISTRATOR Page 6 Page 26 of 817 EXHIBIT "A" SCOPE OF WORK FM# 444079-1-32-01 The project consists of Complete Streets improvements along Boynton Beach Blvd, between NW 4t" Street and US-1/Federal Highway. The proposed improvements consist of lanes width reduction, the expansion of the existing sidewalk on the south side of Boynton Beach Blvd to a 15' shared use path and to a 9' sidewalk on the north side, the addition of pedestrian lighting, and the installation of one pedestrian crossing. Enhanced connectivity to the intracoastal waterway and City Marina is proposed by adding shared lane markings (sharrows) and signage will be added on SW 3rd Street from Ocean Ave to Boynton Blvd. and on Ocean Ave between SW 3rd Street and US 1. Page 7 Page 27 of 817 Coversheet Page 1 of 2 6.B. CONSENTAGENDA 6/18/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/18/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R19-064-Authorize the Florida Department of Transportation to proceed with the design,construction,and administration of the Boynton Beach Boulevard Complete Streets Project,between NW 3rd Street and Federal Highway(US 1). EXPLANATION OF REQUEST: The Federal Lands Access Program (FLAP)was created by the"Moving Ahead for Progress in the 21St Century Act"and continued in the "Fixing America's Surface Transportation" (FAST)Act of 2015 to improve state and local transportation facilities that provide access to and though federal lands for visitors and recreationists. The CRA, on behalf of the City, submitted a project application for a FLAP Grant that would, if awarded, help fund the Boynton Beach Boulevard Complete Streets project. On April 24,2019,this project was selected and fully funded(for$631,530)for use towards Engineering design of the full project(see attachment 1 — Award Letter). The project is currently included in the Florida Department of Transportation(FDOT)work program for design in Fiscal Year 2021 and construction in Fiscal Year 2023. FDOT will be responsible for the design,construction,and administration of the project. At this time,FDOT requires a resolution authorizing them to proceed with design and construction of the Boynton Beach Boulevard Complete Street Project. The improvements as shown on the attached FDOT approved typical cross section (see Attachment 2—Design Section)are completely within the Florida Department of Transportation's right-of-way and include: • Reducing the width of the travel lanes from 12 feet to 10 feet plus an 11 foot wide(designated sharrow lane to be shared with bicyclists)on each side of the road. . Adding a 15'shared use path on the south side of the road. . Constructing 9'sidewalk on the north side of the road. The timing of construction,as required by the grant, in year 2023 allows the project to be coordinated with the Palm Beach Transportation Planning Agency's Local Initiatives Program(TPA LI)grant(Attachment 3—TPA Grant)and the FDOT's 1-95 Interchange project and the City time to complete Town Square and for the completion of the private developments of the Villages of East Ocean and Ocean One. The added benefits to the City, in addition to the reimbursement,would be that construction traffic,from redevelopment in the downtown,would not prematurely age the Boynton Beach Boulevard improvements and the roadway construction from US 1 to 1-95 may be done within the same time period to minimize disruptions to the residents,businesses,and visitors. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The improvements proposed for the Boynton Beach Boulevard complete streets corridor provide enhanced connectivity between residential and commercial developments in downtown Boynton Beach to the intra-coastal waterway and City marina. FISCAL IMPACT: The City will be reimbursed$631,530 for design in year 2021. ALTERNATIVES: Do not accept the grant and pay for design,construction and administration services with City and/or CRA funds. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 28 of 817 file:///S:/Engineering/01%20Dunmyer/02%2OAgenda%20Items/A-CBBoynton%20B eac... 4/24/2020 Coversheet Page 2 of 2 ATTACHMENTS: Type Description D Resolution Resolution authorizing FDOT to proceed%vith Boynton beach Boulevard Complete Street Project D Attachment Attachment 1 -Award Letter D Attachment Attachment 2-Design Section D Attachment Attachment 3-TPA Grant Page 29 of 817 file:///S:/Engineering/01%20Dunmyer/02%2OAgenda%201tems/A-C/B/Boynton%20Beac... 4/24/2020 6.B. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-045- Authorize Mayor to sign I nterlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA to fund the complete streets design and construction of Boynton Beach Boulevard between NW 4th Street and Federal Highway (US-1). Explanation of Request: On May 12, 2020 the Boynton Beach CRA approved the interlocal agreement between the City of Boynton Beach and the CRA to fund the design and construction of the Boynton Beach Boulevard complete streets and vision zero project from NW 4th Street to Federal Highway (US-1). On June 18, 2019, the City Commission approved resolution R19-064, authorizing the Florida Department of Transportation to proceed with the design, construction and administration of the project. On April 24, 2019 the USDOT/FHA selected the Boynton Beach Boulevard complete streets project for award through the Federal Lands Access Program (FLAP) grant in the amount of$631,530 to fund design costs. On September 20, 2018 the Palm Beach TPA adopted the Boynton Beach Boulevard complete streets project in the FY20-24 priority projects list and was prioritized federal funding in the amount of$2,232,414 dollars. As contemplated in the ILA the CRA will fund the design up to $250,000 in fiscal year 19/20 and the construction up to $1 Million in fiscal year 22/23. How will this affect city programs or services? The design will help connect neighborhoods with Town Square, schools, retail, services, marina, parks, and offices. Fiscal Impact: Non-budgeted Funding for this project will be allocated in account#302-4905-580.63-08, project#TR2002. Alternatives: None Strategic Plan: Redevelop Downtown, Transportation and Mobility Strategic Plan Application: This project improves Boynton Beach Blvd, the main access road from 1-95 to the Downtown area. The approval of this item will assist in the furtherance of: • Boynton Beach Greenways, Blueways and Trails Plan • Boynton Beach CRA Plan • Boynton Beach Climate Action Plan (CAP) Page 30 of 817 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with CRA for Complete Streets funding D Agreement Attachment 1 - ILA Ise en City and CRA D Attachment Attachment 2 - 06-18-19—agenda—item for R1 9- 064 D Attachment Attachment 3- FLAP Grant Award D Attachment Attachment 4- TPA Grant Award Letter D Attachment Attachment 5- LFA showing Design Cost D Attachment Attachment 6- Construction Estimate Page 31 of 817 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 BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY TO FUND THE 7 COMPLETE STREETS DESIGN AND CONSTRUCTION OF 8 BOYNTON BEACH BOULEVARD BETWEEN NW 4TH STREET AND 9 FEDERAL HIGHWAY; AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, on May 12, 2020 the Boynton Beach CRA approved the Interlocal 11 Agreement between the City of Boynton Beach and the CRA to fund the design and 12 construction of the Boynton Beach Boulevard complete streets and vision zero project from 13 NW 4th Street to Federal Highway (US-1); and 14 15 WHEREAS, on June 18, 2019, the City Commission approved resolution R19-064, 16 authorizing the Florida Department of Transportation to proceed with the design, construction 17 and administration of the project; and 18 19 WHEREAS, on April 24, 2019 the USDOT/FHA selected the Boynton Beach 20 Boulevard complete streets project for award through the Federal Lands Access Program 21 (FLAP) grant in the amount of$631,530 to fund design costs; and 22 23 WHEREAS, on September 20, 2018 the Palm Beach TPA adopted the Boynton Beach 24 Boulevard complete streets project in the FY20-24 priority projects list and was prioritized 25 federal funding in the amount of$2,232,414 dollars; and 26 27 WHEREAS, as contemplated in the ILA the CRA will fund the design up to $250,000 28 in fiscal year 19/20 and the construction up to $1 Million in fiscal year 22/23; and 29 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 30 recommendation of staff, deems it to be in the best interests of the City residents to approve and 31 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 32 Redevelopment Agency to fund the complete streets design and construction of Boynton Beach 33 Boulevard between NW 4th Street and Federal Highway. 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 36 Section 1. Each Whereas clause set forth above is true and correct and incorporated 37 herein by this reference. 38 S:ACA\RESO\Agreements\ILA With CRA For Complete Streets Funding For NW 4th Street Roadway-Reso.Docx Page 32 of 817 39 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 40 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 41 Beach and the Boynton Beach Community Redevelopment Agency to fund the complete streets 42 design and construction of Boynton Beach Boulevard between NW 4th Street and Federal 43 Highway, a copy of said Interlocal Agreement is attached hereto as Exhibit"A". 44 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this day of June, 2020. 47 CITY OF BOYNTON BEACH, FLORIDA 48 49 YES NO 50 51 Mayor— Steven B. Grant 52 53 Vice Mayor— Ty Penserga 54 55 Commissioner—Justin Katz 56 57 Commissioner—Woodrow L. Hay 58 59 Commissioner—Christina L. Romelus 60 61 VOTE 62 ATTEST: 63 64 65 66 Crystal Gibson, MMC 67 City Clerk 68 69 70 (Corporate Seal) 71 S:ACA\RESO\Agreements\ILA With CRA For Complete Streets Funding For NW 4th Street Roadway-Reso.Docx Page 33 of 817 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE E. BOYNTON BEACH BOULEVARD STREETSCAPE BEAUTIFICATION AND COMPLETE STREET PROJECT THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"). The City and the CRA may be referred to in this Agreement individually as a"Party," or collectively as the "Parties." WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard District as those Districts are described in the Plan; and WHEREAS, the City and the CRA desire to provide funding for a project known as the E. Boynton Beach Boulevard Streetscape Beautification and Complete Street Proj ect ("Project"), as further described in Exhibit "A," Scope of Work, which is hereby incorporated herein; and WHEREAS, the City and CRA have obtained state and federal grants to fund portions of the Proj ect; and WHEREAS, the City has previously adopted City of Boynton Beach Resolution R19-064 (attached hereto as Exhibit "C) authorizing the Florida Department of Transportation to design, construct, and administer the Project; and WHEREAS,the Project falls within the Community Redevelopment Area ("CRA Area"), and more specifically, in the Cultural District and the Boynton Beach Boulevard District, as shown on Exhibit"B,"Location Map,which is hereby incorporated herein; and WHEREAS, the CRA desires to provide funding for certain eligible expenses related to the Project, and; and WHEREAS, the City has decided to move forward with the Project, which includes the design through construction phases of the Project; and WHEREAS, the Project furthers the CRA's Community Redevelopment Plan ("Plan")because the Project will provide traffic calming measures, enhance the pedestrian environment and connectivity of uses along the Boynton Beach Boulevard, accommodate 01296900-2 1 Page 34 of 817 different modes of transportation within the CRA Area, and will provide the opportunity to redevelop the area within the Project in accordance with the Plan; and WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making certain expenditures; and WHEREAS,the CRA desires to reimburse the City for certain expenses related to the Project that are not prohibited by the Florida Statutes and are consistent with the Plan; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds to implement the Project, to be consistent with the Plan and Florida Statutes; and WHEREAS, the CRA and the City find that this funding agreement serves a municipal and public purpose, furthers the Plan, and is in the best interest of the health, safety, and welfare of the residents and business owners within the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide funding to the City, on a reimbursement basis only, for eligible expenses related to the Project, consistent with the terms of this Agreement. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project as described in Exhibit A, and in compliance with the requirements of this Agreement. a. For design services associated with the Project, the CRA shall provide funding to the City in an amount not to exceed Two Hundred and Fifty Thousand and 00/100 Dollars ($250,000.00). The City may ask for reimbursement for such design services up to and including,but no later than, September 30, 2020. Any reimbursement request for such design services submitted after September 30, 2022, will not be reimbursed unless and until the CRA Board votes to approve the funds requested as an eligible expense. b. After October 1, 2022,the City may request additional funding from the CRA for construction associated with the Project, including for any construction deposit the City is required to pay to FDOT. The CRA may, in its sole discretion, agree to provide such funding in an amount 01296900-2 2 Page 35 of 817 to be mutually agreed to by the Parties at a later date, but which in no case will exceed One Million and 00/100 Dollars ($1,000,000). c. The CRA's obligation to provide funding to the City is contingent upon the inclusion of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. 3. Obligations of the City. a. The City shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The City shall ensure that the Project is designed and constructed in compliance with the Plan. c. The City shall be responsible for effectuating the Proj ect and contracting with other entities, including the Florida Department of Transportation, as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the City shall provide all documents reasonably requested by the CRA or CRA's agent documentation concerning compliance with § 163.370(3), Florida Statutes and this Agreement. 4. Reimbursement of Funds a. The CRA shall disburse funding to the City for the reimbursement of direct expenses related to the Project consistent with the Plan and the terms of this Agreement. b. When the City desires reimbursement funding from the CRA for eligible expenses, the City shall provide a written request for reimbursement ("Reimbursement Request") to the CRA, which shall include the following information: i. A summary of the status of the Project; ii. A statement and evidence that the Project is in compliance with the Plan. 01296900-2 3 Page 36 of 817 iii. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the City for the Project for which the City is seeking reimbursement that year. c. Upon receipt of a Reimbursement Request from the City meeting the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the City within thirty (30) days of receipt of the Reimbursement Request. d. If the City submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required by the CRA within 30 days, only the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible will be used to calculate the amount of reimbursement funding. The CRA will not reimburse the City for any portion of the request the CRA deems not to be an eligible expense or the CRA deems to be otherwise ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall be responsible to the City for providing reimbursement for eligible expenses for the Project only, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by reason of any property or other damages, or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party 01296900-2 4 Page 37 of 817 assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on September 30, 2024 ("Termination Date"). The CRA shall not be required to reimburse the City for any untimely requests or requests submitted after this Agreement has terminated. The term of the Agreement may be extended one time for a period of one year and may only be extended upon approval by the CRA Board and upon the appropriation of CRA funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and CRA Area. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed 01296900-2 5 Page 38 of 817 by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida, or,if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 01296900-2 6 Page 39 of 817 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager P.O. Box 310 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Tara Duhy, Esquire Lewis, Longman& Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. By signing this 01296900-2 7 Page 40 of 817 Agreement, the CRA provides its written consent for the City to assign the City's obligations under this Agreement for the design, construction, and administration of the Project to MOT as provided for in City of Boynton Beach Resolution R19-064, but does not provide its written consent for the City to assign any of the City's rights under this Agreement to any party. 19. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed electronically. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the each party shall be responsible for its own attorneys' fees and costs. 01296900-2 8 Page 41 of 817 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01296900-2 9 Page 42 of 817 EXHIBIT "A" SCOPE OF WORK The following details the description of the project services to be performed by the Florida Department of Transportation(Department)under the project FM Number 444079-1 (City of Boynton Beach Various Locations)on behalf of the City of Boynton Beach utilizing the FHWA FLAP Grant along with the Local Funds as agreed with the City. Scope Definition: The project consists of Complete Streets improvements along Boynton Beach Blvd, between NW 4th Street and US 1/Federal Highway. The proposed improvements consist of lanes width reduction, the expansion of the existing sidewalk on the south side of Boynton Beach Blvd to a 15' shared use path and to a 9' sidewalk on the north side, the addition of pedestrian lighting, and the installation of one pedestrian crossing. Enhanced connectivity to the intracoastal waterway and City Marina is proposed by adding shared lane markings (sharrows) from US 1 to the intracoastal. As a component of this project shared lane markings (sharrows) and signage will be added on SW 3rd Street from Ocean Ave to Boynton Blvd and on Ocean Ave between SW 3rd Street and US 1. Scope Elements: ADA ADA compliant sidewalk with curb ramps. Detectable warning surfaces shall be provided at the existing sidewalks and curb ramp locations in addition to any proposed curb ramp locations. All improvements shall meet the current ADA and FDOT standards. Drainage Drainage modifications are associated with the proposed improvements due to the expansion of the existing sidewalk.New inlets will connect to the existing drainage system in Boynton Beach Blvd. Specific permitting associated with drainage will be obtained. 01296900-2 10 Page 43 of 817 Environment Permit Department will acquire all necessary Environmental/Drainage Permits. Landscaping/flardscape Landscape enhancements include the addition of trees and shrubbery added along the corridor in both the median as well as incorporated into the widened pedestrian sidewalk. Irrigation sleeves shall be included in the project cost. Due to work mix and funding type, landscape will not be eligible to be included with the project, even with local funds. Lighting The existing streetlights will be impacted by the roadway modifications. Lighting along both sides of the corridor will be replaced with dual head light poles that provide a light facing the street for vehicles and a light facing the pedestrian zones for pedestrians. Signalization A midblock crosswalk to be installed on Boynton Beach Boulevard just east of SW/NW 2nd Street, along with the rectangular rapid flashing beacons (RRFB) to enhance the visibility. The midblock warrant analysis has been completed and approved by the Department. Pedestrian crossing will facilitate school children walking from school to adjacent neighborhoods. New pedestrian push buttons will be installed at Seacrest intersection since the wider sidewalk will make buttons too far from proposed ramps. Signing and Marking Update signs and pavement markings to accommodate the proposed bike lanes, reduced travel lanes widths and widener sidewalks. Additional markings to be included due to proposed pedestrian crossing. Sharrows are proposed east of Federal Hwy on both directions on Boynton Beach Blvd. Sharrows to be also included along SW 3rd St from W Boynton Beach Blvd to W Ocean Ave and along W. ocean Ave from SW 3rd St to US I/ Federal Hwy. Dynamic Envelope pavement marking will be provided on the rail crossing (272480N). 01296900-2 1 1 Page 44 of 817 Typical Section Existing Typical Section The existing typical section consist of an urban section of two (2) 11' lanes in each direction with a 11' dual left turn lane in the median with 3' shoulder, curb and gutter and 7.5' sidewalk on both sides. Proposed Typical Section The proposed typical section consists of two (2) 10' lane in each direction(sharrows)with a 10' dual left turn lane in the median, curb and gutter at the outside at both sides with a 15' shared use path on the south side and a 9' sidewalk on the north side. Utilities Existing and future utility infrastructure will be improved along the corridor by undergrounding but will be funded by the City. There are no proposed utilities associated with this project. However, some existing utilities may need to be relocated. Local Agency is responsible for any utility adjustments/costs. 01296900-2 12 Page 45 of 817 EXHIBIT B" LOCATION MAP BOYNTON BEACH BOULEVARD COMPLETE STREETS IMPROVEMENTS d '. tF Legend Proteot Corridor R r , l e s 0 0.125 025 0.5 Miles 01296900-2 13 Page 46 of 817 EXHIBIT `C" I RFSOL C"FION NO, R 19-064 2 A RYSOLL"I"ION OF THE' CITY OF WVNIUN REAUL VLORIDA, 3 AUTHORIZING THE FLORIDA DEPARTMENT OF, 4 TRANISPORTATION TO PRO(LFD WITH 111F DESIGN, 5 CANSTRItAWN AND AI)NIUSIS'IRA TION Of' 'THE BOYNTON 6 BEA(Al BOULLN`.ALRD COMPLETE STREETS PROJm7r BErWEEN 7 MVV RD SIFREErr AND FEDERAL HIGHWAY; AND PROVIDING AN a EFTECTIVE DATE. 9 WHEREAS, the J!"exleml Lands Amem Pwgrani Qt,%Pl 1AUS creatud by At Woviq 10 e hwad for Progress in the 21" ('eiuur�vAct' and cia-iiinued in the -Fixirqp %Illerica's Surfacc, 11 ljansponalkmi" (FAST) W of 2M 5 h! kqmwc stalf,": and local tralispowTiation J­,,iJliflc,, t1lat 12 prow cle acwss toand though fcderal lands for Awars and recrWon6tv mid 13 14 1WIIFAOFAS, [lie Boynwli rkal Wnmunit, Rede-,,,elopnwnt Agenc-� ,( RA,1, on 15 twhalf of the Citw, SUbrnitteda prQect appikation in a FLAP Gnint Am "vWd hdp Amd Ic 16 Roynum Reach Boulevard( ,wjploe Streets project. and II'll 18 WHEREAA mi April 24, 2010. Ais pro,;cct �,vasi SCICCtCd, WId 6.1ilV fUndCd if:v 19 fi $621.110) Ar use iwwds WgineWng demp of At Ad! Myea (we wwOmmm I - A%m-,f 20 1 rtWr L and 21 22 INTIFIRL-AS, the protect i,, currcnflv inchadecl in tile Florida Departnienit of 2], t [-i*;:j.iiy1)(,,i,tii,t!,,,)11 0TXY1)wok progmiv Nwdmjn A Wal Year 2('121 anti construction in Fiscal & Y nm 2 03 nmd' 25 26 WHEREA, rDOT will A mWomible for d-Le dcsign,constnuction- and admmimm&n 27 of Be project- 28 29 NONA, 'I IffRJeFORV, BE IT RF`SOI-VED FIN' TJJE-' CIT'N' (70MNIISSION OF 30 EHr', (ATN' OF ROY'NTON BLACH, FIA)RIDA,ITIAT: 31 Wow 1, The Amewing, "Whercas" c1atiscs are hereby ratified and confirrnod as 32 being wue mid unwo and we WOO, aiadc a spocific part of this KescAution upon adloplion 33 hemut '44 sc-cinm 2, The City (Immisdon whorkcs PIX)l to procced with and wwnw6m u r Au Rupum Reach Boide,,iird Uomplete Sti-co Projecl, 36 Seolon 1 1 WS Res(Won WHI Wow cdft,�,,:nw jr-lirrediat",ly upon passage VNAAmhM__1 LAYF,k,_Pro,ted C�iwip1cf:c, ea - k"o MW k 01296900-2 14 Page 47 of 817 -Im PASSED AN D A DOPTEDthis c f 19. 39 4") C[I Y OY f W YN I ON 13 1.'A C If. FD1)RIDA 41 4 17 NIT"s IN 0 44 'Mayor stc%cr B Grant 45 4, Vice Nfa.�or Julifin KaU 47 8 Commissioner Mack so Conuni.s­siuner Chrsfinia T., Rciindus 51, 52 ComMlSsloncr I v Penserga S3 54 VOTT, S 56 57 ---------------- NlCVCS, Def) t) City Clerk 61 62 63 64 (Conpciratc Sctil) 2 X PWK IN AOhol 1x In Fly I if PrO9 rt 01296900-2 15 Page 48 of 817 Coversheet Page 1 of 2 6.B. CONSENTAGENDA 6/18/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/18/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R19-064-Authorize the Florida Department of Transportation to proceed with the design,construction,and administration of the Boynton Beach Boulevard Complete Streets Project,between NW 3rd Street and Federal Highway(US 1). EXPLANATION OF REQUEST: The Federal Lands Access Program (FLAP)was created by the"Moving Ahead for Progress in the 21St Century Act"and continued in the "Fixing America's Surface Transportation" (FAST)Act of 2015 to improve state and local transportation facilities that provide access to and though federal lands for visitors and recreationists. The CRA, on behalf of the City, submitted a project application for a FLAP Grant that would, if awarded, help fund the Boynton Beach Boulevard Complete Streets project. On April 24,2019,this project was selected and fully funded(for$631,530)for use towards Engineering design of the full project(see attachment 1 — Award Letter). The project is currently included in the Florida Department of Transportation(FDOT)work program for design in Fiscal Year 2021 and construction in Fiscal Year 2023. FDOT will be responsible for the design,construction,and administration of the project. At this time,FDOT requires a resolution authorizing them to proceed with design and construction of the Boynton Beach Boulevard Complete Street Project. The improvements as shown on the attached FDOT approved typical cross section (see Attachment 2—Design Section)are completely within the Florida Department of Transportation's right-of-way and include: • Reducing the width of the travel lanes from 12 feet to 10 feet plus an 11 foot wide(designated sharrow lane to be shared with bicyclists)on each side of the road. . Adding a 15'shared use path on the south side of the road. . Constructing 9'sidewalk on the north side of the road. The timing of construction,as required by the grant, in year 2023 allows the project to be coordinated with the Palm Beach Transportation Planning Agency's Local Initiatives Program(TPA LI)grant(Attachment 3—TPA Grant)and the FDOT's 1-95 Interchange project and the City time to complete Town Square and for the completion of the private developments of the Villages of East Ocean and Ocean One. The added benefits to the City, in addition to the reimbursement,would be that construction traffic,from redevelopment in the downtown,would not prematurely age the Boynton Beach Boulevard improvements and the roadway construction from US 1 to 1-95 may be done within the same time period to minimize disruptions to the residents,businesses,and visitors. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The improvements proposed for the Boynton Beach Boulevard complete streets corridor provide enhanced connectivity between residential and commercial developments in downtown Boynton Beach to the intra-coastal waterway and City marina. FISCAL IMPACT: The City will be reimbursed$631,530 for design in year 2021. ALTERNATIVES: Do not accept the grant and pay for design,construction and administration services with City and/or CRA funds. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 49 of 817 file:///S:/Engineering/01%20Dunmyer/02%2OAgenda%20Items/A-CBBoynton%20B eac... 4/24/2020 Coversheet Page 2 of 2 ATTACHMENTS: Type Description D Resolution Resolution authorizing FDOT to proceed%vith Boynton beach Boulevard Complete Street Project D Attachment Attachment 1 -Award Letter D Attachment Attachment 2-Design Section D Attachment Attachment 3-TPA Grant Page 50 of 817 file:///S:/Engineering/01%20Dunmyer/02%2OAgenda%201tems/A-C/B/Boynton%20Beac... 4/24/2020 Eastern Federal Lands 21400 Ridgetop Circle U.S.Depariment Highway Division Sterling, VA 20166-6511 of Transportation Federal Highway Administration SENT VIA ELECTRONIC CORRESPONDENCE APR 2 4 2019 In reply Refer to: HFPP-15 Mr. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 710 N Federal Highway Boynton Beach, FL 33435 Subject: Federal Lands Access Program (FLAP) Boynton Beach Boulevard Complete Streets(FL 23) Dear Mr. Shutt: We are pleased to inform you that the project proposal for the Boynton Beach Boulevard Complete Streets (FL 23) submitted under the Federal Fiscal Year(FY) 2019-2022 FLAP call for projects, has been recommended for programming by the members of the Florida Programming Decisions Committee (PDC) subject to the availability of funding. This project is tentatively programmed for the full amount requested in your application, with delivery by the Florida Department of Transportation. Funding is programmed for Preliminary Engineering work in FY 2021. Please note that funding beyond FY 2020 is subject to the availability of funds and is contingent on reauthorization of the Access Program by Congress. The next step in the process is for the Eastern Federal Lands Highway Division(EFLHD) to coordinate and develop a project Memorandum of Agreement (MDA) with the Federal, State and local agency partners. The project MDA will indicate the project delivery method, FLAP funding limits, other funding sources, if applicable, and the match requirement for your project. The MDA will also define the specific roles and responsibilities of each of the agreement signatories, a proposed schedule for project development and the necessary stewardship and oversight activities.. Please complete the attached FLAP Agreement Worksheet and provide to the FLAP Programs Team at EFLAccessProgram ct dot.gov within 30 business days following your receipt of this letter. This will aid EFLHD in scheduling the start of the MOA development process. Ms. Jacinda Russell, Access Program Manager, or another member of the Programs team, will be contacting you to initiate the development of the formal MDA document. Page 51 of 817 2 We look forward to working closely with your agency to implement a successful project. If you have any questions, please feel free to contact Ms. Russell at 571-434-1543 or Jacinda.Russell(&,dou., ,oNf or Mr. Edward Starks at 703-948-1446 or Edward.Starks(LWot.,(,:Fov. Sincerely yours, Holly E. Bell Planning& Programs Manager Enclosure cc: Mr. Sean McAuliffe, Federal Aid Programs Manager, FDOT Mr. Eric Poole, Assistant Legislative Director, Florida Association of Counties Mr. Chad Thompson, Program Operations Engineer, FHWA FL Division Mr. Milan A. Mora Murphy, Chief, Water Resources Division, USACE Mr. Ryan Hartwig, Recreation Business Line Manager, USACE Page 52 of 817 FLAP Project Worksheet- EFL (Application #ex. AL 09) Please provide FHWA with the following information in order to expedite the agreement process. This is the first step in scheduling the MOA development. 1. AUTHORITY By what authority are the parties allowed to enter into this agreement?May include what authority the other parties are invoking.] Example: EFLHD's authority is 23 U.S.C. 204 2. PROJECT LOCATION: Begin End Termini Mile Post or Landmark Please Fill In Please Fill In Termini Latitude Please Fill in Please Fill In (example: 35.000000') Termini Longitude Please Fill In Please Fill In (example: -82.000000') 3. ANTICIPATED PROJECT SCHEDULE(Estimate of project timelinel Responsible Product/Service/Role Schedule Lead Start-Finish ((VIM/YY—MM/YY) Please Fill In NEPA Document Please Fill in Please Fill In Final Design Please Fill In Please Fill In Advertisement Please Fill In Please Fill In Construction Engineering Please Fill In Please Fill In Construction Please Fill In Please Fill In Contract Closeout Please Fill in 4. PROJECT BUDGET (Please fill in budget estimate as applicable) Item Estimate Comments Preliminary Engineering Please Fill In Construction Engineering Please Fill In Construction Cost Please Fill In Right-of-way Please Fill In Other Costs(Please identify) Please Fill In S. PROPOSED DESIGN STANDARDS(Final design, standards will be determined through the NEPA process) Criteria Comments Standard Please Fill In (Ex. AASIYTO) Functional Classification Please Fill in (Ex. Local Road) Surface Type Please Fill In (E.Y. Asphalt) Design Volume Please Fill In (Ex. 2400) Page 53 of 817 PALM BEACH � t Transportation �, Planning Agency October 11, 2018 Ms. Thuy Shutt, , Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. Boynton Beach, FL 33435 RE: Local Initiatives Boynton Beach Boulevard Dear Ms. Thuy Shutt, Congratulations, the Boynton Beach Boulevard project submitted by the City of Boynton Beach during the 2018 Local Initiatives Program application cycle was incuded on the Palm Beach TPAs FY20-24 Priority Project list, adopted on September 20, 2018. The prioritized federal funding amount is $2,232,414. Projects are expected to appear on the FDOT Draft Tentative Work Program in December 2018. Formal adoption of the FDOT Work Program and the TPA Transportation Improvement Program (TIP) is in June 2019. Please note, programmed funding in the TIP is intended to produce the outcomes specified in the scope of the project. Minor changes to the scope and cost of the project are acceptable and expected. However, major scoping changes or large increases in cost that impact available funding will require review by TPA staff and FDOT, and require TPA governing board approval. We recommend assuming that any cost increases from the original amount are paid for with local funds. Once the project is put into the FDOT Work Program, it will be assigned to an FDOT project manager who will be able to assist you throughout the delivery of the project. Thank you for submitting a project that will provide a more safe, efficient, and connected multimodal transportation system. Should you have any questions, please contact Andrew Uhlir, Palm Beach TPA TIP Coordinator, by email: AUhIirPalmBeachTPA.crq or by phone at (561) 684-4114. Sincerely, Andrew Uhlir Deputy Director of Program Development Cc: Sabrina Aubrey, Program Management, FDOT District 4 Nick Uhren, Palm Beach TPA Cc Tim Howard, City of Boynton Beach 2300 North Jog Road 4th Floor, West Pala Beach, FL 33411 1 56'1.684.4'170 1 PalnnBeachTPj�)9r 54 of 817 FM No: 444079-1-32-01 FEID No:VF-596-000-282 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and City of Boynton Beach located at 3301 Quantum Blvd., Suite# 101, Boynton Beach, Florida 33425, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT provide additional financial assistance to the DEPARTMENT for the continued development (design) of a full set of signed and sealed roadway construction plans for the DEPARTMENT's complete street improvements at various locations along Boynton Beach Blvd. from NW 4t" Street and US-1/Federal Highway in Palm Beach County, Florida. (Financial Management (FM) Number 444079-1-32-01, Funded in Fiscal Year 2020/2021) as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to the Project; and WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution No. 2020- dated the day of 20 , a copy of which is attached hereto and made a part hereof, authorizes the Mayor, Vice-Mayor, or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following- 1. ollowing:1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT input in its decisions. Page i Page 55 of 817 5. The total cost for the Project is estimated to be EIGHT HUNDRED THIRTY SIX THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NO CENTS ($836,530.00). The PARTICIPANT's share of the Project is an estimated amount of TWO HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds provided, the difference will be refunded to the PARTICIPANT. In the event the actual cost of the Project, without modifications, results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. (A) The PARTICIPANT agrees that it will, within thirty days of the execution of this Agreement, furnish the DEPARTMENT with a check in the amount of TWO HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the DEPARTMENT's Work Program. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Number 444079-1- 32-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 444079-1-32-01. Payment shall be mailed to: Florida Department of Transportation Program Management Unit -Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may also submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account # 4834783896 ABA # 121000248 Chief Financial Officer of Florida Re: DOT — K 11-78, Financial project #444079-1-32-01 In order for FDOT to receive credit for the funds due to the Department, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. Once the wire transfer is complete, please contact Kenneth Ward at 850-414-4886. Page 2 Page 56 of 817 (B) If the Project costs are in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent that Project costs are in excess of the advanced deposit amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) calendar days, a letter must be submitted to and approved by the DEPARTMENT's Project Manager indicating the date the deposit will be made and the DEPARTMENT's written consent to the payment of the additional deposit on said date. The PARTICIPANT understands the request and approval of the additional time could delay the Project, and additional costs at the PARTICIPANT's expense may be incurred due to delay of the Project. In the event of non-payment, the DEPARTMENT reserves the right to terminate this Agreement and remove the Project from the Department's Work Program. (C) Should Project modifications occur that increase the PARTICIPANT's payment for the Project costs, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the cost of the Project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will exceed the deposit amount. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. Funds due from the PARTICIPANT during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S. In the event the PARTICIPANT fails to make the additional payment within the time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves the right to terminate this Agreement. (D) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of final payment to the Consultant. The DEPARTMENT considers the Project complete when the final payment has been made to the Consultant, not when the design work is complete. All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, the excess funding will be refunded to the PARTICIPANT. If the final accounting is not performed within three hundred sixty (360) days, the PARTICIPANT is not Page 3 Page 57 of 817 relieved from its obligation to pay. (E) In the event the final accounting of total Project costs indicate that the Project costs are greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 8. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM#444079- 1-32-01) is completed as evidenced by the written acceptance of the DEPARTMENT. 9. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 10. The PARTICIPANT/Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT / Vendor/ Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, Page 4 Page 58 of 817 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 representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Binod Basnet A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Boynton Beach 3301 Quantum Blvd., Suite #101 Boynton Beach, Florida 33426 Attn: Gary Dunmyer, M.B.A., P.E., City Engineer With a copy to: City Attorney The remainder of this page left intentionally blank Page 5 Page 59 of 817 IN WITNESS WHEREOF,the PARTICIPANT has caused this Agreement to be executed in its behalf, by the Chairman/Councilman of the CITY OF BOYNTON BEACH or its designee, as authorized by Resolution No. , and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its Director of Transportation Development or authorized designee: STATE OF FLORIDA CITY OF BOYNTON BEACH DEPARTMENT OF TRANSPORTATION BY: BY: NAME: STEVEN C. BRAUN, P.E. TITLE: DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST: APPROVED: (AS TO FORM) BY: BY: CITY CLERK (SEAL) OFFICE OF THE GENERAL COUNSEL APPROVED: APPROVED: BY: BY: CITY ATTORNEY DISTRICT PROGRAM MGMT. ADMINISTRATOR Page 6 Page 60 of 817 EXHIBIT "A" SCOPE OF WORK FM# 444079-1-32-01 The project consists of Complete Streets improvements along Boynton Beach Blvd, between NW 4t" Street and US-1/Federal Highway. The proposed improvements consist of lanes width reduction, the expansion of the existing sidewalk on the south side of Boynton Beach Blvd to a 15' shared use path and to a 9' sidewalk on the north side, the addition of pedestrian lighting, and the installation of one pedestrian crossing. Enhanced connectivity to the intracoastal waterway and City Marina is proposed by adding shared lane markings (sharrows) and signage will be added on SW 3rd Street from Ocean Ave to Boynton Blvd. and on Ocean Ave between SW 3rd Street and US 1. Page 7 Page 61 of 817 ENGINEERS COST ESTIMATE-TPA Grant (Must be Used for Projects Ad min iste red by FDOT) Project Description: Boynton Beach Boulevard from NW 3rd Street to US-1(Federal Highway) PaN,lpatlng N.,p-ld,t[mg(Local ands) Pay ItemEngineer's Unit Englneei's Total Number* Payltem Desvlptl ' Q_RHY U'H Cort Englneer's3ubtotal Cost Quantlry Unit Unit Cort Engineer's Subtotal Cost QuantltyTotal Engineer's Cost ::.Roadway 101-1 MOBILIZATION 1 LS $ 14',025.00 $ 147,025.00 $ - 1 $ 147,025.00 101-2 MAI NTENANCE OF TRAFH C 1 LS $ 183,780.00 $ 183,'80.00 $ 1 $ 183,780.00 110-0-10 REMOVAL OF ENSUING CONCRETE $ 5100 SY $ 17.82 $ 90,882.00 5100 $ 90,882.00 1604 TYPE B STABILIZATI ON 150 SY $ 5.21 $ 781.50 $ 150 $ 781.50 285'09 OPTIONAL BASE,BASE GROUP 9 150 SY $ 14.01 $ 2,101.50 $ 150 $ 2,1- 327 70 1 ,101.50327-70-1 MILLING E%I ST ASPHALT PAVEMENT,I"AVG DEPTH 20300 SY $ 2.39 $ 48,517.00 $ 20300 $ 48,517.00 3341-13 SUPERPAVE ASPHALTI C CONC,TRAFFIC C 17 TN $ 133.52 $ 2,269.84 $ 17 $ 2,269.84 337-J-83 ASPHALT CONCRETE FRICTI ON COURSE,TRAFFIC C,FC 12.5,PC 76-22 1100 TIN $ 81.16 $ 89,276.00 $ 1100 $ 89,276.00 425-1-201 INLETS CURB,TYPE 9,110' 1 EA $ 6,45279 $ 6,45279 $ 1 $ 6,45279 425-1-351 INLETS CURB,TYPE P-5,110' 1 EA $ 5,11238 $ 5,11238 $ 1 $ 5,11238 425-1-355 INLETS CURB,TYPE P-5,PARTIAL 3 EA $ 5,233.96 $ 15,701.88 $ 3 $ 15,701.88 425-1-361 INLETS CURB,TYPE P 6,110' B EA $ 5,384.76 $ 16,154.28 $ 3 $ 16,154.28 425-1-365 INLETS CURB,TYPE P 6,PARTIAL 4 EA $ 4,756.36 $ 19,025.44 $ 4 $ 19,025.44 425-1451 INLETS CURB,TYPE J-5,110' 5 EA $ 7,109.48 $ 35,547.40 $ 5 $ 35,547.40 425-1461 INLETS CURB,TYPE J 6,110' 1 EA $ 7,454.12 $ 7,454.12 $ 1 $ 7,454.12 425-2-43 MANHOLES,P-7,PARTIAL 4 EA $ 3,655.65 $ 14,622.60 $ 4 $ 14,622.60 425-5 MANHOLE,ADJUST 5 EA $ 353.36 $ 1,766.80 5 $ 1,766.80 - VALVE BOXES,ADJUST 30 EA $ 299.42 $ 8,98260 30 $ 8,98260 430.1'4115 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,15"SD 60 LF $ 53.53 $ 3,811.80 $ 60 $ 3,811.80 430.1'4118 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,18"SD 20 LF $ 6'.35 $ 1,347.00 $ 20 $ 1,347.00 430.1'4124 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,24"SD 8 LF $ 87.98 $ 703.84 $ 8 $ 703.84 430.1'4154 PIPE CULVERT,OPTIONAL MATERIAL,ROUND,54"SD 16 LF $ 190.68 $ 3,050.88 $ 16 $ 3,050.88 430174178 IPIPE CULVERT,OPTIONAL MATERIAL,ROUND,78"SD 32 LF $ 8'9.6' $ 28,149.44 $ 32 $ 28,149.44 520-1-10 CONCRETE CURB AND GUTTER,TYPE 8090 LF $ 18.98 $ 153,548.20 $ 8090 $ 153,548.20 522-1 CONCRETE I DEWALKSAND DRIVEWAYS,4"THICK 3210 SY $ 3'.86 $ 121,530.60 2690 SY $ 37.86 $ 101,843.40 5900 $ 223,374.00 522-2 CONCRETE IDEWALKSAND DRIVE WAYS,6"THICK 605 SY $ 50.21 $ 30,377.05 850 SY $ 50.21 $ 42,678.50 1455 $ 73,055.55 SgUng and Pavement Mark,g 700-1-11 SINGLE POST SIGN,F&I GROU ND MOU NT,U P T O 12 SF 25 AS $ 355.09 $ 8,8".25 $ 25 $ 8,87725 Jl1-11-123 THERMOPLASTIC,STANDARD,WHITE, IT D,12" 525 LF $ 1.56 $ 819.00 $ 525 $ 819.00 Jl1-11-125 THERMOPLASTIC,STANDARD,WHITE, IT D,24 130 LF $ 3.28 $ 426.40 $ 130 $ 426.40 711-11-160 THERMOPLASTIC,STNADARD,WHITE,MESSAGE OR SYMBOL 51 EA $ 140.38 $ 7,159.38 $ 51 $ 7,159.38 711-16-101 THERMOPLASTIC,STANDARD-OTHER SURFACES,WHITE,SOLID,6" 0.86 GM $ 1222.3' $ 3,531.24 $ 0.86 $ 3,531.24 711-16-131 THERMOPLASTIC,STANDARD-OTHER SURFACES,WHITE,SKIP,6",1030 SKIP 1.7 GM $ 1,330.01 $ 2,261.02 $ 1.7 $ 2,261.02 711-16-201 THERMOPLASTIC,STANDARD-OTHER SURFACES,YELLOW,SOLID,6" 0.86 GM $ 4,2223' $ 3,531.24 $ 0.86 $ 3,531.24 Lghtrg 630-2-11 CONDUIT,F&I,OPEN TRENCH 6870 LF $ 7.04 $ 48,364.80 $ 6870 $ 48,364.80 635-2-11 IT CE BOX,F&1,13"x24" 57 EA $ 589.40 $ 33,595.80 $ 57 $ 33,595.80 715-1-12 U GHTI N G CONDUCTORS,F&I,INSULATED,NO.86 20610 LF $ 1.64 $ 33,800.40 $ 20610 $ 33,800.40 715-J-11 LOAD CENTER,F&I,SECONDARY VOLTAGE 1 EA $ 12,347.67 $ 12,347.67 $ _ 1 $ 12,347.6' 715-5001 POLE CABLE DI STRIBUTION SYSTEM,CONVENTIONAL 57 EA $ 579.28 $ 33,018.96 $ _ 57 $ 33,018.96 U GHT POLE COMPLETE SPECIAL DESIGN,F&I,SINGLE ARM SHOULDER MOUNT, 57 $ 420,301.4' 715511 315 CONCRETE,15' 57 EA $ 7,373.71 $ 420,301.4' $ Hardsape 5212ALTERNATE DECORATIVE"WAVE"PATTERN,NONVEHICULAR AREAS $ - 3718 SY $ 162.00 $ 602,280.00 3'18 $ 602,280.00 523-1 ALTERNATE DECORATIVE CROSSWALKS,VEHICULAR AREAS 411 SY $ 153.00 $ 62,900.00 $ 411 $ 62,900.00 751-3J TRASH CAN 5 EA $ 2,000.00 $ 10,000.00 $ 5 $ 10,000.00 751-38-11 BENCHES 5 EA $ 21500.00 $ 12,500.00 $ 5 $ 12,500.00 Fundsf C nstruNon 1$ 1,629,975.16 Local Funds I.,C nstru,ton $ 848,433.30 1 Subb-I $ 2,478,40846 DEIGN(FDOT I N H OUSE/CONSULTANT) 1LS 12% $ 195,59'.02 ENVIRONMENTALSERVICES 1 LS '% $ 114,098.26 CONSTRUCTION ENGINEERING&I INSPECTION ACTIVITI ES(CER 1 LS 17% 1$ 27',095.'8 POST DESIGN SERVICES 1 I LS 8% 1$ 15,647.76 CONTINGENCY Con[ngen,y 1,nota FHWA Par[Cpatngl- 1 A FDOT Inliose Supportmust be nduded asan FHWA $ Parl Lpaang It- 5 2,232,413.98 1 ==30J1$ 3,080,80728 FHG,1,E NOTE Subtotal FHWA Subtotal FHWA Non- Total Con4ruction Cort Participating Partdgating Ertimate Ertimate Prepared by:V­H.Mufleh,P.E. Date:31-18 DESIGN,ENVIRONMENTAL,CEI,AND POST DESIGN SERVICES FEE GUIDELINES: PE Num ber:45329 DESIGN: Constru,tlon Cort Desi $0.$150,000 22%o f Constru,tlon Esflmate $150,000-$300,000 19%of Constru Non Estlmate $300,000-$800,000 16%of Constru,t Estlmate 0",$800,000 12%of C.-,tlon Estlmate ENVIRONMENTAI Constru,tlon Cort EnNronmental Fee NOTE:Environmental fees c.n,ld,,butarenotllmltedtr,standard Categorl,al Exduslon(Ty,l or PCE),CRAS Report,Se,tlon 4f, 1$500,000 15%of Const on Estlmate Wetland Survey,Endangered Spedes RelocaOon,Cont-l-R.D Mltlgatlon,e .Addltlonal f...,[11 IS,,q,[,,d for:Lane Ellminatlon $500,000-$l mllllon 1 W6 of Construcdon ESO mate Analysts and Dowmentatlon;T fflC Data C.11­1­ ffl,Pr!,,tlonsand Analyslr,PubII,Involvement Plearemnt3,t Chrlstlne 0v $1 mllllon 7%of Constru,tlon Esflmate Faslska at FDOT DIstrl,t 4(9547"-0480)m Coordinate the mrt for these Item CEI: Constru,tlon Cort CEI Fee 1$500,000 30%of C.-,tlon Estlmate $500,000-$l mllllon 20%of C.-,tlon Estlmate $1.0-$3.5 mllllon 17%of Con,tuNon Esflmate POST DESIGN: ConsUu nCort Post Desl¢n Fee All P,.I,,t, 8%of DESIGN Estlmate All prof--Ill utIl,,FDOT pay Items numbers,des-..FR.ns and a nftprlces;FDOT design and.nstru,tlon,pedfl,ao ,and standards. Sta-lde unit prices can be found at the followltg IInk: ht aw.dotsta2.H.us r - n Etyma es HlrtorlalCastlnformatlon Hlsmrlcal Costshtrn Non-a **AHI malnte ance a,tivltles. **JRIPty ork-thislndudes,but is notllmlted m:vaIv/r,anh.I,adjus nts,uRIP,-d-atlons,FPL power poler,I.,atlon,,,AT&T dlrectlonal bore,e... Other element,may be non paUtIdpatlng-thl-Ill bedeterrnlned on a p,.I,,t{by-pr.1e ba,I,;Ilsted above are mmmonly used non patldpatng pay Items. Page 62 of 817 6.C. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-046- Approve and authorize the City Manager to sign the revised Dog Park Maintenance Agreement between the City of Boynton Beach and Boynton Town Center Master Association, Inc. for the perpetual maintenance of the Joseph Crowder Dog Park, subject to final approval of the City Attorney. Explanation of Request: Although previously approved by the Commission, this matter is back for approval as the obligations of the City and Association have changed. As provided in Cortina PUD Replat Two, the Boynton Town Center Master Association is responsible for the perpetual maintenance of the public dog park within Tract C of the Cortina P.U.D; I n mutual interest of each party, the City and Master Association have negotiated the terms of this Agreement in an effort to assure that the dog park is maintained in a proper manner with the shared responsibilities outlined in the agreement. The agreement further clarifies the enforcement powers the City has and outlines the process to assure that the conditions of the dog park are such that the park is operated and maintained in a manner which does not adversely affect the health, safety and welfare of the public. Staff recommends approval of the agreement subject to final approval of the City Attorney. How will this affect city programs or services? The revised agreement outlines the required maintenance obligations and standards the City requires the master association to perform at the dog park. Fiscal Impact: Budgeted Budgeted There is no fiscal impact as part of the agreement to the City. Alternatives: Do not approve the revised agreement and any future enforcement action will be conducted through the court system. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Page 63 of 817 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the revised Dog Park Maintenance Agreement D Agreement Devised Dog Park Maintenance Agreement Page 64 of 817 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN THE REVISED DOG PARK MAINTENANCE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 7 BOYNTON TOWN CENTER MASTER ASSOCIATION, INC., FOR 8 THE PERPETUAL MAINTENANCE OF THE JOSEPH CROWDER 9 DOG PARK WHICH REPLACES THE AGREEMENT APPROVED 10 IN RESOLUTION R20-005; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, on January 21, 2020, the City Commission approved, via Resolution 14 R20-005, a Dog Park Maintenance Agreement for the perpetual maintenance of the Joseph 15 Crowder Dog Park; and 16 WHEREAS, the City and the Master Association have had additional negotiations 17 regarding the terms of the Agreement in an effort to assure that the dog park is maintained in 18 a proper manner with the shared responsibilities outlined in the Agreement; and 19 WHEREAS, this revised Agreement replaces the Dog Park Agreement approved via 20 Resolution R20-005; and 21 WHEREAS, staff is recommending approval of the revised Agreement subject to 22 final approval of the City Attorney; and 23 WHEREAS,the City Commission has determined that it is in the best interests of the 24 residents of the City to approve and authorize the City Manager to sign the revised Dog Park 25 Maintenance Agreement between the City of Boynton Beach and Boynton Town Center 26 Master Association, Inc., for the perpetual maintenance of the Joseph Crowder Dog Park. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESOAAgreements\Dog Park Maintenance Agreement(Crowder Dog Park)(revised)-Reso.docx Page 65 of 817 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission does hereby approve and authorize the City 33 Manager to sign the revised Dog Park Maintenance Agreement between the City of Boynton 34 Beach and Boynton Town Center Master Association, Inc., for the perpetual maintenance of 35 the Joseph Crowder Dog Park which replaces the Dog Park Agreement approved in 36 Resolution R20-005. A copy of the revised Dog Park Agreement is attached hereto as Exhibit 37 "A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of June, 2020. 40 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Ty Penserga 47 48 Commissioner—Justin Katz 49 50 Commissioner—Woodrow L. Hay 51 52 Commissioner— Christina L. Romelus 53 54 VOTE 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) S:ACA\RESOAAgreements\Dog Park Maintenance Agreement(Crowder Dog Park)(revised)-Reso.docx Page 66 of 817 DOG PARK MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON TOWN CENTER MASTER ASSOCIATION, INC. THIS DOG PARK MAINTENANCE AGREEMENT("Agreement") is entered into this 27 day of May 2020, and is by and between the City of Boynton Beach ("City' and Boynton Town Center Master Association, Inc., a Florida not-for-profit corporation, organized and existing under the laws of the State of Florida ("ASSOCIATION"). WHEREAS, the ASSOCIATION, as provided in Cortina PUD Replat Two, is responsible for the perpetual maintenance of a public dog park within Tract C of the Cortina P.U.D; and; WHEREAS, the City has enforcement powers to assure that the conditions of the dog park are such that the park is operated and maintained in a manner which does not adversely affect the health, safety and welfare of the public; and WHEREAS,the City has agreed to defer code compliance action and the City and ASSOCIATION have reached the terms of this Agreement in an effort to assure that the dog park is maintained in a proper manner with the shared responsibilities hereinafter set forth. NOW,THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. TERM. The "Term" of this Agreement will be effective as of the Effective Date and will remain in effect for a period of twenty (20) years from June 1, 2020. On June 1, 2040, all obligations of the City as set forth in section 3 below will cease and the maintenance of the dog park shall be the sole responsibility of the ASSOCIATION. 2. THE ASSOCIATION RESPONSIBILITIES: Perpetual Maintenance obligations of the ASSOCIATION shall include but not be limited to: Weekly 1. Remove any debris and trash found on property during visit. 2. In-depth visual inspections shall be conducted once per week in order to monitor turf conditions and identify turf disease, damaged irrigation heads and inadequate irrigation coverage. 3. All grass areas shall be serviced a minimum of 36 times per year and maintained at a height of 3 to 4 inches. Not to exceed 6 inches. 4. Edging shall be performed with each mowing along walkways, mulched areas and parking lot. 5. Weed control in all beds and along mulched fence lines is to be done with each mowing. Page 67 of 817 6. Check irrigation equipment for leaks, breaks, and malfunction and repair as needed. 7. Inspect all irrigation valves and emission devices to be sure they are functioning properly. 8. Check and maintain irrigation systems for efficient water application reducing overspray and eliminating all runoff from leaving the planted areas. 9. Chain link fences, walk-in gates and service gates shall be thoroughly inspected one time per week Monthly 1. Trees Limbs and foliage shall be maintained at a minimum height of 10 feet from ground level on mature trees, or within the limits of the canopy for smaller trees over pedestrian walkways and 14 feet over the parking lot and roadways 2. Tree roots shall be pruned (clean cuts only) prior to walkways being damaged. 3. Pressure Clean—Concrete entry to Dog park,water fountain and pad, and gazebo floors shall be pressure cleaned once every month to remove dirt, grime and mud 4. Gate latches & hinges shall be lubricated monthly. Bi-Monthly 1. The Dog Park area is to be treated for ants, fleas, ticks and (spiders if present) bi-monthly or more frequently if needed for control. A threshold treatment for spiders, fleas, ticks to suppress the population on an as needed basis may be requested. 2. The application will be sprayed on grass, mulch,shrubs and low hanging branches and foliage of trees and palms, when these pests are at high levels and/or in susceptible stages. 3. Chemicals for the treatment of spider, fleas and tick treatments must contain the active ingredient Adulticide Bifenthrin at the minimum percentage level of 7.9% and IGR Pyriproxfen at the minimum percentage level of 1.3% and must be used at the label ratio. 4. This may require the use of an adulticide plus an insect growth regulator. 5. A current copy of the certified pest control applicator is to be on file at all times with the City of Boynton Beach Recreation & Parks Department. 6. All Fertilizer and pesticide applications require a notification as to when these will be applied and a report to be turned in afterwards to the appointed designee. uarterl 1. Grass shall be fertilized four times per year using a slow release fertilizer, following all fertilizer label instructions, by a certified fertilizer applicator. 2. All fertilizer used must be labeled safe for use for sites such as the Dog Park. 3. Mulched areas around gazebos, benches and trees shall be replenished when mulch levels fall below 2 inches. Mulch is to be natural color. Cypress Mulch is not allowed. 4. No mulch within 6 inches of all tree trunks or 3 inches of the base of all plants. As needed 1. Turf shall be replaced as needed to prevent bare areas. When turf is replaced the area needs to be kept off limits for use until the turf is well rooted in. 2. Benches shall be kept clean and in good condition and have no splinter, severe cracks or warps. 3. Unapproved advertisements/flyers posted soliciting business from park patrons shall be removed Page 68 of 817 4. Garbage cans shall be cleaned and sanitized as needed to kill germs and odors. 3. THE CITY OF BOYNTON BEACH RESPONSIBILITIES: Maintenance obligations of the CITY shall include, but not be limited to: 7 days each week 1. Remove any debris and trash found on property during visit. 2. Holes, ruts and uneven surfaces shall be corrected on a daily basis. Material used to fill holes shall be free of rocks and debris. Use suitable top soil for growing sod in areas that require sod replacement. 3. Litter, trash and dog waste bags shall be removed on a daily basis to prevent the spread of infectious pathogens. 4. Dog waste bag dispensers shall be refilled as needed. 5. The entire dog park shall be checked for insects daily (ants, wasps, bees, etc.) 6. Debris shall be blown off the concrete/asphalt pathways and slabs on a daily basis. 7. Watering areas shall be cleaned and checked daily for proper function (any chemicals used must be completely rinsed off afterwards) 8. Dog wash area drains shall be cleaned daily to remove hair and other objects 9. Signage shall be kept clean and legible and checked for proper placement As determined by the City to be needed: 1. Repair or replacement of asphalt, concrete wheel stops, and concrete curbs in parking lot above and beyond routine maintenance. 2. Repair or replacement of parking lot or walkway lighting above and beyond routine maintenance. 3. Repair or replacement of fencing and/gates above and beyond routine maintenance. 4. Repair or replacement of irrigation lines and/or irrigation pump above and beyond routine maintenance. 5. Repair or replacement of gazebos above and beyond routine maintenance. 6. Repair or replacement of dock above and beyond routine maintenance. 7. Repair or replacement of drainage, water, and sewer infrastructure. 8. Closure of dog park areas (rotation) to perform maintenance must be approved and authorized prior to implementation by Association or its vendors. 9. If approved by the city, the purchase and installation of fencing and access gates to be erected atop the central lawn area for use as a 4t" dog park section. Doing so allows for a total of four separate dog park areas which will benefit from the periodic closure and rotation of use to allow the turf in each area a time to rebound. 10. Purchase and installation of an ADA accessible walkway to the gazebo structure located just north of the southern parking lot. This is the same area as mentioned in item 9, above. 4. DISPUTE RESOLUTION. A. Either party shall provide written notice to the other party within ten (10) business days of the occurrence of any claim, dispute or other controversy arising out of or relating to, or in connection with this Agreement (collectively referred to as a "Dispute"). Such notice shall provide a detailed description of the facts surrounding the Dispute in sufficient detail to identify Page 69 of 817 the Dispute, its character and scope, any impact on the party initiating the Dispute, and any attempts by the initiating party to mitigate such impact. The initiating party shall provide to the other party documentation supporting its written notice within twenty (20) days of the initial written notice. Any Dispute not presented to the other party within the time specified herein and not documented within the time specified herein shall be deemed to have been waived. B. Within ten (10) business days of receipt of written notice of the issue(s) in dispute accompanied, of dispute, the receiving party shall provide to the disputing party a written response. The parties should meet in an attempt to resolve the dispute prior to proceeding to the next step. If, after meeting, the parties are still unable to resolve the dispute, the parties shall submit themselves to the jurisdiction of the City's Code Compliance Special Magistrate who shall treat the maintenance obligations set forth herein in the same manner as a City Code obligation.The hearing procedure, authority of the Special Magistrate, and enforcement of the Magistrate's Order shall be the same as provided in Chapter 2, Article V of the City's Code of Ordinances and Chapter 162 Florida Statues. S. NOTICES. All notices provided for in this Agreement (other than notices designated for delivery to operating personnel, which shall be made in any manner reasonable under the circumstances), shall be made in writing and delivered in person or by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the City: City of Boynton Beach, P.O. Box 310, Boynton Beach, Florida, 33425 To ASSOCIATION: c/o First Service Residential, 6300 Park of Commerce Blvd., Boca Raton, Florida 33487 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice is directed may be made from time to time by written notice. 6. OTHER PROVISIONS. A. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida. The venue of any legal action brought or filed relating to any matter arising under this Agreement will be exclusively in the federal and state courts sitting in Palm Beach County, Florida, having jurisdiction over such legal action. B. Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, will not affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision will be deemed severed from the Agreement, and the balance of the Agreement will be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section will not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. Page 70 of 817 C. Entire Agreement and Amendments. This Agreement, with all attachments and documents referenced hereto, constitutes the entire Agreement between the parties with respect to the scope of services and terms and conditions described herein and extinguishes and supersedes any and all prior agreements and any and all amendments and prior understandings between the parties with respect to same. Furthermore, there shall be no changes, modifications, or amendments to this Agreement except by written agreement signed by both parties and executed with the same formalities. D. Non-waiver and Remedies. Failure by either party at any time to require strict performance by the other party of any provisions hereof does not release that party from its obligations under the Agreement and does not affect the right of the party, thereafter, to enforce the same. Each remedy under this Agreement shall be cumulative and in addition to any other remedy provided by law. E. Deferral of Code Compliance Action. So long as the ASSOCIATION complies with its obligations as set forth in Section 2 above, the City will not initiate Code Compliance actions but shall proceed with dispute resolution remedies set forth in Section 4 above. The City's right to proceed with code compliance action for conditions within the ASSOCIATION not otherwise addressed in this Agreement is not limited or waived. F. City's Right to Remedy Unsafe Conditions: The City shall have the right to take corrective action to remedy and unsafe or unsanitary conditions provided the City shall provide the ASSOCIATION with 72 hours' notice that the ASSOCIATION shall remedy the condition. If the ASSOCIATION fails to remedy the unsafe or unsanitary condition within the 72 hours, City may take corrective action to remedy the problem and the City's cost of such remedial action shall be billed to and paid by the ASSOCIATION within 45 days. "Unsafe or unsanitary conditions,"for purposes of this Paragraph, shall be defined to mean any condition the City determines is poses an danger to the health, safety and/or welfare of the users of the public dog park and/or their dogs. G. Section Headings. Section and subsection headings appearing in the Agreement are inserted for convenience of reference only and will not be construed as interpretation of text. H. Incorporation of Recitals and Appendices. The recitals, any appendices to the Agreement, and applicable federal, state and local laws, rules and regulations at the time of the Agreement's adoption, are incorporated into and constitute part of this Agreement. I. Preparation of Agreement. Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement; therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. J. Execution in Counterparts. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, constitutes an original, and such counterparts together constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. K. Warranties. Each party represents and warrants that it is authorized to enter into this Agreement for the Service and to permit the System to be installed at the Facility, and that it has secured all necessary approvals for such action. L. Public Records and Sunshine Law. This Agreement and any related documents are considered public records under the "Public Records Law," Chapter 119, Florida Statutes, unless specifically exempted by law. ASSOCIATION agrees to cooperate and comply with any request made for production of Public Records. Any meetings involving two or more members of the City at which official acts are to be taken are considered public meetings under the Florida "Government in the Sunshine Law," as contained in Chapter 286, Florida Statutes. Page 71 of 817 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first written above. BOYNTON TOWN CENTER MASTER ASSOCIATION, INC. � U By: Approved by the Board of Directors on the 27 day of May , 2020. CITY OF BOYNTON BEACH, FLORIDA By Lori LaVerriere City Manager Approved by Resolution of the City Commission of the City of Boynton Beach. Form Approved: City Attorney By James A. Cherof, City Attorney Attest: Crystal Gibson, MMC City Clerk Page 72 of 817 6.D. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-047- Authorize Mayor to sign interlocal agreement between the City of Boynton Beach and the Boynton Beach CRA to provide funding for the construction of the East Boynton Beach Boulevard Extension streetscape and parking improvements. Explanation of Request: On May 12, 2020 the CRA Board approved an ILA between the City of Boynton Beach and Boynton Beach CRA to fund the construction of East Boynton Beach Boulevard Extension streetscape and parking improvement project. On September 17, 2019 the City Commission adopted the fiscal year 19/20 Capital Improvement Plan which included funding of$608,000 for improvements to the Boynton Beach Boulevard Extension. The project scope includes but is not limited to: • Additional parking for public use on Boynton Beach Blvd and on NE 4th Ave • Replacement and reconfiguration of existing pedestrian walkways • Replacement and enhancement of existing landscaping • Installation of new security enhancements. • Replacement and upgrade of pedestrian and street lighting to LED. As contemplated in the ILA the CRA will fund construction up to $500,000 in fiscal year 19/20. How will this affect city programs or services? This project will provide additional parking for public use on Boynton Beach Blvd and on NE 4th Avenue to serve the park and nearby businesses. Fiscal Impact: Budgeted Funding for this project will be allocated in account 303-4103-580.63-15, project#GG1801 and account#302- 4103-580.63-15, project#GG2005. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 73 of 817 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with CRA for Boynton Beach BW Extension improvements D Interlocal Agreement ILA Between City and CRA for BBB Ext I mprovements D Location I\Aap Location/Aerial I\Aap D Drawings Construction Drawings for BBB Ext I mprovements D Attachment Cost Estimate Page 74 of 817 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 BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 7 FUNDING FOR THE CONSTRUCTION OF THE EAST 8 BOYNTON BEACH BOULEVARD EXTENSION 9 STREETSCAPES AND PARKING IMPROVEMENTS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, on May 12, 2020 the Boynton Beach CRA approved the Interlocal 12 Agreement between the City of Boynton Beach and the CRA to fund the construction of East 13 Boynton Beach Boulevard Extension streetscape and parking improvement project; and 14 15 WHEREAS, on September 17, 2019, the City Commission adopted the fiscal year 16 19/20 Capital Improvement Plan which included funding of$608,000.00 for improvements to 17 the Boynton Beach Boulevard Extension; and 18 19 WHEREAS, this project will provide additional parking for public use on Boynton 20 Beach Boulevard and on N.E. 4th Avenue to serve the park and nearby businesses; and 21 22 WHEREAS, as contemplated in the Interlocal Agreement the CRA will fund 23 construction up to $500,000.00 in fiscal year 19/20; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 25 recommendation of staff, deems it to be in the best interests of the City residents to approve and 26 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 27 Redevelopment Agency to fund construction of the East Boynton Beach Boulevard Extension 28 streetscape and parking improvements. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. Each Whereas clause set forth above is true and correct and incorporated 32 herein by this reference. 33 34 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 35 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 36 Beach and the Boynton Beach Community Redevelopment Agency to fund the construction of 37 the East Boynton Beach Boulevard Extension streetscapes and parking improvements, a copy 38 of said Interlocal Agreement is attached hereto as Exhibit"A". 39 S:ACA\RESO\Agreements\ILA With CRA For Funding East BBB Extension Streetscapes And Parking Improvements-Reso.Docx Page 75 of 817 40 Section 3. That this Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this day of June, 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor— Ty Penserga 49 50 Commissioner—Justin Katz 51 52 Commissioner—Woodrow L. Hay 53 54 Commissioner—Christina L. Romelus 55 56 VOTE 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) 66 S:ACA\RESO\Agreements\ILA With CRA For Funding East BBB Extension Streetscapes And Parking Improvements-Reso.Docx Page 76 of 817 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE EAST BOYNTON BEACH BOULEVARD EXTENSION STREETSCAPE AND PARKING IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"). The CITY and the CRA may be referred to in this Agreement individually as a"Party," or collectively as the "Parties." WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CRA desires to provide funding for the streetscape enhancement and parking improvement of E. Boynton Beach Boulevard Extension and Waterway Promenade (the "Project"), as further described in Exhibit"A," which is hereby incorporated herein; and WHEREAS, the CRA desires to provide funding for the construction and management necessary to complete the enhancement and improvement of E. Boynton Beach Boulevard Extension and Waterway Promenade; and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically, in the Downtown District; and WHEREAS, the Project is intended to improve the quality, aesthetics, function and commercial viability of the E. Boynton Beach Boulevard Extension and Waterway Promenade for the businesses and residents of the Downtown District; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Community Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Boynton Beach, including the CRA Area; 2020-2021 01294037-1 1 Page 77 of 817 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY, on a reimbursement basis only, funding in an amount not to exceed Five Hundred Thousand and 00/100 Dollars ($500,000.00), for eligible expenses relating to the permitting, bidding, construction and construction administrative services necessary to complete the Project consistent with the terms of this Agreement. Such funding is to be used for reimbursement of certain eligible costs as outlined in the Estimate of Probable Costs produced by the City of Boynton Beach. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. C. The CRA's obligation to provide funding to the CITY is contingent upon the inclusion of the funding in the CRA's approved budget for the fiscal year in which funds will be paid. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes and this Agreement. 2020-2021 01294037-1 2 Page 78 of 817 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion,or equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A statement that the Project is being constructed in compliance with the Plan and Florida Statutes and evidence supporting the same; iii. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for which the CITY is seeking reimbursement; and iv. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion, or equivalent. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty (30)days of receipt of the Reimbursement Request. C. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days,the CITY only the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible will be used to calculate reimbursement funding. The CRA will not reimburse the CITY for any portion of the request the CRA deems not to be an eligible expense or the CRA deems to be otherwise ineligible for reimbursement. 5. Limits of CRA Obligations. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses directly related to the Project. 2020-2021 01294037-1 3 Page 79 of 817 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent, and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 2020-2021 01294037-1 4 Page 80 of 817 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 2020-2021 01294037-1 5 Page 81 of 817 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager CITY of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 2020-2021 01294037-1 6 Page 82 of 817 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may be executed electronically. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity,waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the each party shall be responsible for its own attorneys' fees and costs. [Signatures on following page.] 2020-2021 01294037-1 Page 83 of 817 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. 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, Mangrove Park Item No. Description Unit Quantity Unit Cost Cost 1 Mobilization/Demobilization(10%) LS 1 $ 90,678 $ 90,678 2 Maintenance of Traffic ALLOW 1 $ 10,000 $ 10,000 3 Bonds/Insurance(2.5%) LS 1 $ 22,669 $ 22,669 4 Construction Permits (paid by Owner) ALLOW 1 $ 5,000 $ 5,000 5 NPDES Erosion Control-Silt Fence LF 3350 $ 4.25 $ 14,238 D o 0 Item No. Description 7LF Quantity Unit Cost Cost 6 Demolition of existing hardscape materials 1 $ 30,000 $ 30,000 7 Demolition of existing landscape materials 1 $ 60,000 $ 60,000 8 Precast Walls(Utility Compound) 125 $85 $ 10,625 9 Asphalt Pavement TON 131 $225 $ 29,475 10 Type D Curb LF 1,200 $15 $ 18,000 11 Valley Gutter LF 800 $30 $ 24,000 12 Sidewalk with Rock Salt Finish SF 18,100 $9 $ 162,900 SUBTOTAL $ 335,000 Item No. Description Unit Quantity Unit Cost Cost 13 Irrigation LS 1 $ 25,000 $ 25,000 14 4"CAL Gumbo Limbo EA 9 $ 2,500 $ 22,500 15 Medjool Date Palm EA 6 $ 7,500 $ 45,000 16 Sylvester Date Palm EA 7 $ 6,250 $ 43,750 17 Cathedral Live oak EA 3 $ 1,690 $ 5,070 18 Bald Cypress EA 8 $ 750 $ 6,000 19 Equipment,crane,tcm,etc. EA 1 $ 5,000 $ 5,000 20 Tricolor copperleaf EA 54 $ 15 $ 810 21 Scorpion Bush EA 29 $ 25 $ 725 22 Gold Dust Croton EA 217 $ 15 $ 3,255 23 Thryallis EA 37 $ 15 $ 555 24 Hibisicus cooped EA 34 $ 20 $ 680 25 Rojo Congo EA 59 $ 30 $ 1,770 26 Pseuderanthemum Golden EA 6 $ 25 $ 150 27 Serissa EA 31 $ 25 $ 775 28 Native Porterweed EA 18 $ 20 $ 360 29 Fackahatchee grass EA 18 $ 20 $ 360 30 Sweet viburnum EA 42 $ 15 $ 630 31 Green Island Ficus EA 1219 $ 15 $ 18,285 32 Xanadu philodendron EA 59 $ 20 $ 1,180 33 Liriope EA 73 $ 7.00 $ 511 34 St.augustine grass EA 10059 $ 1.00 $ 10,059 35 irelocating of existing date palms EA 6 $ 1,500 $ 9,000 SUBTOTAL $ 201,425 Page 95 of 817 Item No. Description 7EA Quantity Unit Cost Cost 35 8'Rockport Powder-coated horizontal slat w/back 12 $ 2,100 $ 25,200 36 8'Rockport Powder-coated horizontal slat w/o back 3 $ 1,700 $ 5,100 37 Urbanscape FG Style 32 Gallon Receptacle 15 $ 1,200 $ 18,000 38 Urbanscape FG Style 32 Gallon Receptacle(Recycle) EA 3 $ 1,200 $ 3,600 39 Water Fountain/Bottle Filling Station EA 1 $ 8,100 $ 8,100 40 Bike Rack EA 6 $ 225 $ 1,350 41 Oasis Bike Shelter EA 1 $ 15,500 $ 15,500 42 New fountain with color lights EA 1 j $ 20,000 $ 20,000 SUBTOTAL $ 96,850 Item No. Description Unit Quantity Unit Cost Cost 43 Light Poles/Luminaire EA 20 $ 3,500 $ 70,000 44 Bollard Lights LF 9 $ 2,500 $ 22,500 44 Police Camera License Plate Reader EA 2 $ 10,000 $ 20,000 45 Police Camera Security EA 7 $ 10,000 $ 70,000 46 Emergency Phone Tower EA 4 $ 6,000 $ 24,000 47 Conduits/wire/pull boxes LS 1 $ 15,000 $ 15,000 48 Car Charger LS 1 $ 15,000 $ 15,000 49 Server/Server Room/Mini Split LS 1 $ 37,000 $ 37,000 SUBTOTAL $ 273,500 Subtotal: $ 1,049,359 10%Contingency: $ 104,936 GRAND TOTAL: $ 1,154,295 CRA Funded $ 500,000 City Funded $ 654,295 Page 96 of 817 Date: 2/14/2020 Project Name:; , Mangrove Park Item No. Description Unit Quantity Unit Cost Cost 1 Mobilization/Demobilization(10%) LS 1 $ 90,678 $ 90,678 2 Maintenance of Traffic ALLOW 1 $ 10,000 $ 10,000 3 Bonds/Insurance(2.5%) LS 1 $ 22,669 $ 22,669 4 Construction Permits (paid by Owner) ALLOW 1 $ 5,000 $ 5,000 5 NPDES Erosion Control-Silt Fence LF 3350 $ 4.25 $ 14,238 D o 0 Item No. Description 7LF Quantity Unit Cost Cost 6 Demolition of existing hardscape materials 1 $ 30,000 $ 30,000 7 Demolition of existing landscape materials 1 $ 60,000 $ 60,000 8 Precast Walls(Utility Compound) 125 $85 $ 10,625 9 Asphalt Pavement TON 131 $225 $ 29,475 10 Type D Curb LF 1,200 $15 $ 18,000 11 Valley Gutter LF 800 $30 $ 24,000 12 Sidewalk with Rock Salt Finish SF 18,100 $9 $ 162,900 SUBTOTAL $ 335,000 Item No. Description Unit Quantity Unit Cost Cost 13 Irrigation LS 1 $ 25,000 $ 25,000 14 4"CAL Gumbo Limbo EA 9 $ 2,500 $ 22,500 15 Medjool Date Palm EA 6 $ 7,500 $ 45,000 16 Sylvester Date Palm EA 7 $ 6,250 $ 43,750 17 Cathedral Live oak EA 3 $ 1,690 $ 5,070 18 Bald Cypress EA 8 $ 750 $ 6,000 19 Equipment,crane,tcm,etc. EA 1 $ 5,000 $ 5,000 20 Tricolor copperleaf EA 54 $ 15 $ 810 21 Scorpion Bush EA 29 $ 25 $ 725 22 Gold Dust Croton EA 217 $ 15 $ 3,255 23 Thryallis EA 37 $ 15 $ 555 24 Hibisicus cooped EA 34 $ 20 $ 680 25 Rojo Congo EA 59 $ 30 $ 1,770 26 Pseuderanthemum Golden EA 6 $ 25 $ 150 27 Serissa EA 31 $ 25 $ 775 28 Native Porterweed EA 18 $ 20 $ 360 29 Fackahatchee grass EA 18 $ 20 $ 360 30 Sweet viburnum EA 42 $ 15 $ 630 31 Green Island Ficus EA 1219 $ 15 $ 18,285 32 Xanadu philodendron EA 59 $ 20 $ 1,180 33 Liriope EA 73 $ 7.00 $ 511 34 St.augustine grass EA 10059 $ 1.00 $ 10,059 35 irelocating of existing date palms EA 6 $ 1,500 $ 9,000 SUBTOTAL $ 201,425 Page 97 of 817 Item No. Description 7EA Quantity Unit Cost Cost 35 8'Rockport Powder-coated horizontal slat w/back 12 $ 2,100 $ 25,200 36 8'Rockport Powder-coated horizontal slat w/o back 3 $ 1,700 $ 5,100 37 Urbanscape FG Style 32 Gallon Receptacle 15 $ 1,200 $ 18,000 38 Urbanscape FG Style 32 Gallon Receptacle(Recycle) EA 3 $ 1,200 $ 3,600 39 Water Fountain/Bottle Filling Station EA 1 $ 8,100 $ 8,100 40 Bike Rack EA 6 $ 225 $ 1,350 41 Oasis Bike Shelter EA 1 $ 15,500 $ 15,500 42 New fountain with color lights EA 1 j $ 20,000 $ 20,000 SUBTOTAL $ 96,850 Item No. Description Unit Quantity Unit Cost Cost 43 Light Poles/Luminaire EA 20 $ 3,500 $ 70,000 44 Bollard Lights LF 9 $ 2,500 $ 22,500 44 Police Camera License Plate Reader EA 2 $ 10,000 $ 20,000 45 Police Camera Security EA 7 $ 10,000 $ 70,000 46 Emergency Phone Tower EA 4 $ 6,000 $ 24,000 47 Conduits/wire/pull boxes LS 1 $ 15,000 $ 15,000 48 Car Charger LS 1 $ 15,000 $ 15,000 49 Server/Server Room/Mini Split LS 1 $ 37,000 $ 37,000 SUBTOTAL $ 273,500 Subtotal: $ 1,049,359 10%Contingency: $ 104,936 GRAND TOTAL: $ 1,154,295 CRA Funded $ 500,000 City Funded $ 654,295 Page 98 of 817 6.E. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-048-Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City- contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of$30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Page 99 of 817 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Nuisance abatement D Exhibit E)diibitA Page 100 of 817 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, a contract vendor was requested by Community Standards to mow the 13 lots,remove vegetation and board up structures on the properties, described in Exhibit"A"; and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department in an effort to recoup these costs with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent 21 letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien 22 on their property; and 23 24 WHEREAS, the City Manager or her authorized representative has made a report of 25 costs actually incurred by the City and abatement of said nuisance as to the property(s)involved, 26 which is described in Exhibit"A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be furnished 29 with a copy of this Resolution, and given one more opportunity to remit all costs associated 30 with the abatement in full within 30 days of the passage of the Resolution,before transmittal to 31 the County for recordation of Liens; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 Section 1: Each Whereas clause set forth above is true and correct and incorporated 38 herein by this reference. 39 40 Section 2: The amount of costs incurred by the City and the abatement of the above- 41 described nuisance as to the parcels of land, owned and indicated to wit: 42 43 44 SEE ATTACHED EXHIBIT "A" 45 46 S:\CA\RESO\Nuisance Abatement for 05272020-Reso.docx Page 101 of 817 47 Subject amount is hereby assessed as liens against said parcels of land as 48 indicated, plus an additional administrative charge of $30.00 for each Lien. 49 Liens shall be of equal dignity with the taxes there from for the year 2020, and 50 shall be enforced and collected in like manner pursuant to applicable provisions 51 of law. In the event collection proceedings are necessary, the property owner 52 shall pay all costs of the proceedings, including reasonable attorneys fees. 53 54 Section 3. This Resolution shall become effective immediately upon passage. 55 56 57 PASSED AND ADOPTED this day of June, 2020. 58 CITY OF BOYNTON BEACH, FLORIDA 59 60 YES NO 61 62 Mayor— Steven B. Grant 63 64 Vice Mayor—Ty Penserga 65 66 Commissioner—Justin Katz 67 68 Commissioner—Woodrow L. Hay 69 70 Commissioner— Christina L. Romelus 71 72 73 VOTE 74 ATTEST: 75 76 77 Crystal Gibson, MMC 78 City Clerk 79 80 81 (Corporate Seal) 82 S:\CA\RESO\Nuisance Abatement for 05272020-Reso.docx Page 102 of 817 y,, Ol Ol Ol Ol lb O 3 Ln Ln Ln Ln fy £ O vrn vrn vrn vmi "�, y rn rn rn rn > m oa m m N N N N � m m m mk- ?- k v V V1 Ln Ln Ln 'Q Ln Ln Ln Ln 7 C Ln Ln Ln Ln m m m m m m m m m m m m J J J J LL LL LL LL A 1 L L L U U U u U �MM W m o m o mo O m O N c c c c L o 0 0 0 T T T T Q O O O O co co co cot Qj O 0) O a` - a m > > ;tea • a v t c U cy f0 L Q N Ln � LLI W n Z O Z D V N N o o o o m O� N n o Q O m 0 0 F- ^y o o o m O O O O m Z N N n 2 aO X N N O W LA LA LA LA M M M M W W W W O O O O 4 O �t N �t m N m O v �o n O J N N N N N N N N Ln Ln � m � N m m m m m m m m LL J LL m LL J t t o N -6 N co i co OJ C C u T J T Q m m LL m tw C � K Y O O Q > O W L p ~ N N LL X W W Z m Z Ln o a O m Ln LL m OJ T N O N cO cO N G G LL LL m Z T v O O O N O � O 6.F. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-049-Amend the fiscal year 2019-20 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) as it relates to the I LAs with the CRA to fund Boynton Beach Boulevard Extension streetscape and parking improvements and Boynton Beach Boulevard complete streets project. Explanation of Request: As contemplated by the I LAs between the City of Boynton Beach and Boynton Beach CRA it is necessary to adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) as it relates to Boynton Beach Boulevard Extension streetscape and parking improvements and Boynton Beach Boulevard complete streets project. Boynton Beach Boulevard Extension streetscape and parking improvements - ($500,000- ILA funding) Boynton Beach Boulevard complete streets project from NW 4th Street to Federal Highway(US-1) - ($205,000- I LA funding) How will this affect city programs or services? The City would continue to follow good and appropriate budgeting practices. Fiscal Impact: Budgeted Funding for these projects will be allocated in: Boynton Beach Boulevard Extension streetscape and parking improvements • Account#302-4103-580.63-15, project#GG2005. ($500,000) Boynton Beach Boulevard complete streets project from NW 4th Street to Federal Highway(US-1) • Account#302-4905-541.63-08, project#TR2002. ($205,000) See Exhibit A for a summary of the fiscal impact. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 104 of 817 Is this a grant? Yes Grant Amount: $705,000 (1 nter-Local Agreement) ATTACHMENTS: Type Description D Resolution Resolution amending CIF Fund and adopted budget FY 19/20 D Exhibit ExIiibit"A" - Fiscal Impact Summary Page 105 of 817 I RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE ADOPTED BUDGET FOR 5 THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, 6 AND ENDING SEPTEMBER 30, 2020 WHICH WILL 7 ADJUST BUDGETED APPROPRIATIONS AND 8 REVENUE SOURCES AND PROVIDE SPENDING 9 AUTHORITY FOR THE CAPITAL IMPROVEMENT 10 FUND (302) AS IT RELATES TO THE INTERLOCAL 11 AGREEMENTS WITH THE CRA TO FUND BOYNTON 12 BEACH BOULEVARD EXTENSION STREETSCAPE 13 AND PARKING IMPROVEMENTS AND BOYNTON 14 BEACH BOULEVARD COMPLETE STREETS 15 PROJECT; PROVIDING FOR SEVERABILITY, 16 CONFLICTS,AND AN EFFECTIVE DATE. 17 18 WHEREAS, a final budget was approved by the City Commission on September 17, 19 2019, for the fiscal year 2019-2020; and 20 WHEREAS, as contemplated by the Interlocal Agreements between the City of 21 Boynton Beach and Boynton Beach CRA it is necessary to adjust budgeted appropriations 22 and revenue sources and provide spending authority for the Capital Improvement Fund(302) 23 as it relates to Boynton Beach Boulevard Extension streetscape and parking improvements 24 and Boynton Beach Boulevard complete streets project; and 25 WHEREAS,the City Manager is recommending amending the amount necessary to be 26 appropriated for fiscal year 2019-2020 for the Capital Improvement Fund (see Exhibit A). 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. Hereby amending the appropriated FY 2019-2020 budget for the Capital 33 Improvement Fund from $4,991,743 to $5,696,743. A copy of such amendment and/or 1 S:ACA\RESO\Budget\2019-20\FY2019-20 FCIP Budget Amendment Resolution-(June 2 2020).Docx Page 106 of 817 34 adjustment is attached hereto as Exhibit "A" and the appropriations set out therein for the 35 fiscal year beginning October 1, 2019 and ending September 30, 2020, to maintain and carry 36 on the government of the City of Boynton Beach. 37 Section 3. That there is hereby appropriated revised amounts to the Capital 38 Improvement Fund(see Exhibit A)pursuant to the terms of the budget. 39 Section 4. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of June, 2020. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor— Steven Grant 46 47 Vice Mayor—Ty Penserga 48 49 Commissioner—Justin Katz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner— Christina Romelus 54 55 56 VOTE 57 58 ATTEST: 59 60 61 62 Crystal Gibson, MPA, MMC 63 City Clerk 64 65 66 67 (Corporate Seal) 2 S:ACA\RESO\Budget\2019-20\FY2019-20 FCIP Budget Amendment Resolution-(June 2 2020).Docx Page 107 of 817 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2019-20 2019/20 CITY MANAGER 2019/20 AMENDED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Local Government Surtax Capital Projects Fund 302-0000-369.22-00 OTHER MISC.REVENUE/CRA REIMBURSEMENT 85,000 705,000 790,000 Adopted Fund Total Revenues 4,991,743 705,000 5,696,743 302-4103-580.63-15 IMPVTS OTHER THAN BLDGS./GROUNDS IMPROVEMENTS - 500,000 500,000 302-4905-541.63-08 IMPVTS OTHER THAN BLDGS./STREET IMPROVEMENTS - 205,000 205,000 Adopted Fund Total Expenses 4,991,743 705,000 5,696,743 Page 108 of 817 6.G. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-050-Authorize the City Manager to sign a Government Obligation Contract and related documents with Fleetwood Financial. Fleetwood Financial Leasing LLC is financing the purchase of the City's new Eventide playback/recording system purchased from Interaction Insight Corporation. Explanation of Request: The Police Department Communication Section (Dispatch Center) operates a Next Generation 911 (NG 911) system which allows phone calls for emergency police and fire/rescue services to flow seamlessly from Boynton Beach residents and visitors to the 911 communications network. A component of the NG911 system is a recording console which records all voice/audio transmissions coming into the Dispatch Center via telephone and all radio transmissions between the 911 Dispatch Center and the police officers and firefighters in the field. Florida State Statute and accreditation standards requires each Public Safety Dispatch Center maintain recording equipment in order to immediately play-back radio or telephone voice transmissions for emergency dispatch and investigative purposes. Currently, the Dispatch Center uses DSS Corporation - Equature for this purpose which is over 10 years old; is running on outdated equipment which is no longer supported and requires replacement. Procuring the Eventide equipment will allow the Dispatch Center to capture and archive media for instant recall using equipment that offers multiple layers of resilience, including redundant power supplies and hard drives, while also including multi-tier security. If approved, the first payment of$19,541.64 and a $250 documentation fee will be due to Fleetwood Finance Leasing on October 1, 2020. The remaining annual payments of$19,541.64 will conclude on October 1, 2024. How will this affect city programs or services? Purchasing this system will ensure that the Police Department Communications Section will reduce the risk of system failures and increase our defenses from cyber-attacks. This public safety system provides for a higher level of reliability in the City's 911 emergency system. It also fulfils the department's need to fulfill public record requests which average over 1000 each year. Fiscal Impact: Budgeted Funds have been allocated in the FY 2020/21 proposed budget in account 001- 2112-521-46-20. Alternatives: If the recommended system is not purchased, the Communications Section will eventually experience software/hardware failure that will not be under warranty or supported by Microsoft. This may result in data loss and/or compromise investigations. Strategic Plan: Page 109 of 817 Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Is this a grant? No Grant Amount: N/A Contracts Vendor Name: Fleetwood Financial Start Date: 110/11/2020 End Date: 9/30/2021 Contract Value: $57,841.58 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: N/A ATTACHMENTS: Type Description Resoluti0on approving the Government D Resolution Obligatioon Contract with Fleehivood Financial Leasing LLC, D Contract Finance Agreement D Other I nvoice D Quotes Quote Page 110 of 817 1 RESOLUTION NO. R20- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A GOVERNMENT OBLIGATION 7 CONTRACT AND RELATED DOCUMENTS WITH FLEETWOOD 8 FINANCIAL LEASING LLC., FOR THE PURCHASE AND 9 FINANCING OF THE CITY'S NEW EVENTIDE 10 PLAYBACWRECORDING SYSTEM PURCHASED FROM 11 INTERACTION INSIGHT CORPORATION IN THE AMOUNT OF 12 $97,958.20; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Police Department Communication Section (Dispatch Center) 16 operates a Next Generation 911 (NG 911) system which allows phone calls for emergency 17 police and fire/rescue services to flow seamlessly from Boynton Beach residents and visitors 18 to the 911 communications network; and 19 WHEREAS, Florida State Statute and accreditation standards requires each Public 20 Safety Dispatch Center maintain recording equipment in order to immediately play-back radio 21 or telephone voice transmissions for emergency dispatch and investigative purposes; and 22 WHEREAS, the Dispatch Center currently uses DSS Corporation - Equature for this 23 purpose which is over 10 years old; is running on outdated equipment which is no longer 24 supported and requires replacement; and 25 WHEREAS, procuring the Eventide equipment will allow the Dispatch Center to 26 capture and archive media for instant recall using equipment that offers multiple layers of 27 resilience, including redundant power supplies and hard drives, while also including multi- 28 tier security; and 29 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 30 recommendation of staff, deems it to be in the best interests of the City residents to approve 31 and authorize the City Manager to sign a Government Obligation Contract and related 32 documents with Fleetwood Financial Leasing, LLC., for the purchase and financing of the 33 City's new Eventide playback/recording system purchased from Interaction Insight 34 Corporation in the amount of$97,958.20 over five years. 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESOWgreements\Government Obligation Contract with Fleetwood Financial -Reso.docx Page 111 of 817 37 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption 39 hereof. 40 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 41 approves and authorizes the City Manager to sign a Government Obligation Contract and 42 related documents with Fleetwood Financial Leasing, LLC.,for the purchase and financing of 43 the City's new Eventide playback/recording system purchased from Interaction Insight 44 Corporation in the amount of $97,958.20 over five years, a copy of which Agreement is 45 attached hereto as Exhibit"A." 46 Section 3. This Resolution shall become effective immediately upon passage. 47 PASSED AND ADOPTED this day of June, 2020. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor— Steven B. Grant 51 52 Vice Mayor—Ty Penserga 53 54 Commissioner—Justin Katz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner— Christina L. Romelus 59 60 VOTE 61 ATTEST: 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 (Corporate Seal) S:\CA\RESOWgreements\Government Obligation Contract with Fleetwood Financial -Reso.docx Page 112 of 817 CITY OF BOYNTON BEACH,FLORIDA DOCUMENTATION INSTRUCTIONS The instructions listed below should be followed when completing the enclosed documentation.Please sign in blue ink and print on single sided Paper only.Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding,instructions or the documentation,please call us at(908)472-3675. I. Attached Documentation 1. Government Obligation Contract ♦ An authorized individual that is with the Obligor should sign on the first space provided. All original signatures are required for funding. ♦ A second authorized individual that is with the Obligor should attest the previous signature on the space provided. 2. Exhibit A—Description of Equipment ♦ Review equipment description.Complete serial number/VIN if applicable. ♦ List the location where the equipment will be located after delivery/installation. 3. Exhibit B—Payment Schedule ♦ Sign and print name and title 4. Exhibit C-Payment Request&Equipment Acceptance Form ♦ Do Not Return until you need to request funds from the Vendor Payable Account. 5. Exhibit D-Signature Card ♦ Sign and print name and title ♦ An additional individual may sign as an authorized individual,if desired. 6. Exhibit E-Obligor Acknowledgement ♦ Complete information as indicated. 7. Notice of Assignment ♦ Sign and print name and title. 8. Insurance Requirements ♦ Complete insurance company contact information where indicated. 9. Debit Authorization—(Preferred) ♦ Complete form and attach a voided check 10. 8038GC IRS Form ♦ Please read 8038 Review Form ♦ In Box 2,type Employer Identification Number ♦ Sign and print name and title II. Condition to Funding If,for any reason:(i)the required documentation is not returned by July 13,2020,is incomplete,or has unresolved issues relating thereto,or(ii)on, or prior to the return of the documentation,there is a change of circumstance,including but not limited to changes in the federal corporate income tax rate or reducing/capping the tax-exempt interest benefit, which adversely affects the expectations, rights or security of the Obligee or its assignees;then Obligee or its assignees reserve the right to withdraw/void its offer to fund this transaction in its entirety.Neither KS StateBank nor Baystone Government Finance is acting as an advisor to the municipal entity/obligated person and neither owes a fiduciary duty pursuant to Section 158 of the Exchange Act of 1934. All documentation should be returned to: Fleetwood Finance Leasing LLC 184 North Avenue East, Suite 4 Cranford, New Jersey 07016 Page 113 of 817 FL Small Ticket Non-App BQ VPA GOVERNMENT OBLIGATION CONTRACT Obligor Obligee City of Boynton Beach, Florida Fleetwood Finance Leasing LLC 3301 Quantum Boulevard, Suite 101 184 North Avenue East, Suite 4 Boynton Beach, Florida 33426 Cranford, New Jersey 07016 Dated as of June 1,2020 This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above.Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below. I. Definitions Section 1.01 Definitions.The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Additional Schedule"refers to the proper execution of additional schedules to Exhibit A and Exhibit B,as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment. "Budget Year"means the Obligor's fiscal year. "Commencement Date"is the date when Obligor's obligation to pay Contract Payments begins. "Contract"means this Government Obligation Contract and all Exhibits attached hereto,all addenda,modifications,schedules,refinancings,guarantees and all documents relied upon by Obligee prior to execution of this Contract. "Contract Payments"means the payments Obligor is required to make under this Contract as set forth on Exhibit B. "Contract Term"means the Original Term and all Renewal Terms. "Exhibit"includes the Exhibits attached hereto,and any"Additional Schedule",whether now existing or subsequently created. "Equipment" means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created,and all replacements, restorations, modifications and improvements. "Government"as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of 1986,as amended("Code"), or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b),or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code. "Obligee"means the entity originally listed above as Obligee or any of its assignees. "Obligor"means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. "Original Term"means the period from the Commencement Date until the end of the Budget Year of Obligor. "Partial Prepayment Date"means the first Contract Payment date that occurs on or after the earlier of(a)the twenty-four month(24)anniversary of the Commencement Date or(b)the date on which Obligor has accepted all the Equipment and all amounts have been disbursed from the Vendor Payable Account to pay for the Equipment. "Purchase Price"means the total cost of the Equipment,including all delivery charges,installation charges,legal fees,financing costs,recording and filing fees and other costs necessary to vest full,clear legal title to the Equipment in Obligor,subject to the security interest granted to and retained by Obligee as set forth in this Contract,and otherwise incurred in connection with the financing of this Equipment. "Renewal Term"means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. "State"means the state which Obligor is located. "Surplus Amount"means any amount on deposit in the Vendor Payable Account on the Partial Prepayment Date. "Vendor Payable Account"means the separate account of that name established pursuant to Section X of this Contract. II. Obligor Warranties Section 2.01 Obligor represents,warrants and covenants as follows for the benefit of Obligee or its assignees: (a) Obligor is an"issuer of tax exempt obligations"because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a)of the Internal Revenue Code of 1986,as amended,(the"Code")or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b),or a qualified volunteer fire company within the meaning of section 150(e)(1)of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract;Obligor,and its officer executing this Contract,are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract.The officer of Obligor executing this Contract has the authority to execute and deliver this Contract.This Contract constitutes a legal,valid,binding and enforceable obligation of the Obligor in accordance with its terms. (d) Obligor shall use the Equipment only for essential,traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations,or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) Obligor has never non-appropriated funds under a contract similar to this Contract. (g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (h) Upon request by Obligee,Obligor will provide Obligee with current financial statements,reports,budgets or other relevant fiscal information. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C.9601 et.seq. as amended and supplemented. (j) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto.The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year,and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein.Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. (1) Obligor has selected both the Equipment and the vendor(s)from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer,merchant, vendor or distributor,or agent thereof,of such equipment to the public. (m) Obligor has not and will not,during the Contract Term,create,permit,incur or assume any levies,liens or encumbrances of any kind with respectto the Equipment except those created by this Contract. Section 2.02 Escrow Agreement.In the event both Obligee and Obligor mutually agree to utilize an Escrow Account,then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement.This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto.Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of N/A,which shall be held,invested and disbursed in accordance with the Escrow Agreement. Page 114 of 817 III. Acquisition of Equipment,Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance.Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation ofthe Equipment.The Payment Request and Equipment Acceptance Form must be signed by the same authorized individual(s)who signed the Signature Card,Exhibit D.By making a Contract Payment after its receipt ofthe Equipment pursuant to this Contract,Obligor shall be deemed to have accepted the Equipment on the date of such Contract Payment for purposes of this Contract.All Contract Payments paid prior to delivery of the Payment Request and Equipment Acceptance Form shall be credited to Contract Payments as they become due as shown on the Contract Payment Schedule attached as Exhibit B hereto. Section 3.02 Contract Payments.Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful,legally available money ofthe United States of America.The Contract Payments shall be senttothe location specified bythe Obligee or its assignees.The Contract Payments shall constitute a current expense ofthe Obligor and shall not constitute an indebtedness of the Obligor.Nothing herein shall constitute a pledge by Obligor of any ad valorem taxes to the payment of Contract Payments or any other amount coming due hereunder.The Contract Payments,payable without notice or demand,are due as set forth on Exhibit B.Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s)were late,plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s)were late.Obligee shall also have the option,on monthly payments only,to charge a late fee of up to 10%ofthe monthly Contract Payment that is past due.Furthermore,Obligor agrees to pay any fees associated with the use of a payment system other than check,wire transfer,or ACH.Once all amounts due Obligee hereunder have been received,Obligee will release any and all of its rights,title and interest in the Equipment. SECTION 3.03 CONTRACT PAYMENTS UNCONDITIONAL. Except as provided under Section 4.01,THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT,DIMINUTION,DEDUCTION,SET-OFF,OR SUBJECT TO DEFENSE OR COUNTERCLAIM. Section 3.04 Purchase Option Price.Upon thirty(30)days written notice,Obligor shall have the option to pay,in addition to the Contract Payment,the corresponding Purchase Option Price which is listed on the same line on Exhibit B.This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed.If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights,title and interest in the Equipment to Obligor. Section 3.05 Contract Term.The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below.If,after the end ofthe budgeting process which occurs at the end ofthe Original Term or any Renewal Term,Obligor has not non-appropriated as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06 Disclaimer of Warranties.OBLIGEE MAKES NO WARRANTY OR REPRESENTATION,EITHER EXPRESS OR IMPLIED,AS TO THE VALUE,DESIGN,CONDITION,MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT.OBLIGEE IS NOT A MANUFACTURER,SELLER,VENDOR OR DISTRIBUTOR,OR AGENT THEREOF,OF SUCH EQUIPMENT;NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENTTO THE PUBLIC.OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION,OPERATION,POSSESSION,STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. IV. Non-Appropriation Section 4.01 Non-Appropriation.If insufficient funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for the next Renewal Term,then Obligor may non-appropriate the funds to pay the Contract Payments for the next Renewal Term.Such non-appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Obligor specifically prohibiting Obligor from performing its obligations under this Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Years.If Obligor non-appropriates,then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end ofthe then current Original Term or Renewal Term without penalty or liability to the Obligorof any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid,the termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount ofthe Contract Payments thereafter coming due under Exhibit B which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor's failure to take such actions as required.Obligor shall immediately notify the Obligee as soon as the decision to non-appropriate is made.If such non-appropriation occurs, then Obligor shall deliver the Equipment to Obligee as provided below in Section 9.04.Obligor shall be liable for all damage to the Equipment other than normal wear and tear. V. Insurance,Damage,Insufficiency of Proceeds Section 5.01 Insurance.Obligor shall maintain both property insurance and liability insurance at its own expense with respectto the Equipment.Obligor shall be solely responsible for selecting the insurer(s)and for making all premium payments and ensuringthat all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments.Obligor shall provide Obligee with a certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment.Alternatively,Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor may self-insure against the casualty risks and liability risks described above.If Obligorchooses this option,Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear.Each policy issued oraffected by this Section shall contain a provision thatthe insurance company shall not cancel or materially modify the policy without first giving thirty(30)days advance notice to Obligee or its assignees.Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02 Damage to or Destruction of Equipment.Obligor assumes the risk of loss or damage to the Equipment.If the Equipment or any portion thereof is lost,stolen,damaged,or destroyed by fire or other casualty,Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds.At the option of Obligee,Obligor shall either(1)apply the Net Proceeds to replace,repair or restore the Equipment or(2)apply the Net Proceeds to the applicable Purchase Option Price.For purposes of this Section and Section 5.03,the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03 Insufficiency of Net Proceeds.If there are no Net Proceeds for whatever reason or ifthe Net Proceeds are insufficientto pay in full the cost of any replacement,repair,restoration, modification or improvement of the Equipment,then Obligor shall,at the option of Obligee,either(1)complete such replacement,repair,restoration,modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or(2)apply the Net Proceeds to the Purchase Option Price and pay the deficiency,if any,to the Obligee. Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities,whether or not covered by insurance,for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties,and whether such property damage be to Obligor's property or the property of others(including,without limitation,liabilities for loss ordamage related tothe release orthreatened release of hazardous substances underthe Comprehensive Environmental Response,Compensation and Liability Act,the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any mannerarise out of or are incidentto any possession,use,operation,condition orstorage of any Equipment by Obligor),which is proximately caused bythe negligent conduct of Obligor, its officers,employees and agents. Section 5.05 Reimbursement. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities,obligations,losses,damages,penalties,claims,actions,costs and expenses(including reasonable attorneys'fees)of whatsoever kind and nature,imposed on,incurred by or asserted against Obligee that in any way relate to or arise out of a claim,suit or proceeding,based in whole or in part upon the negligent conduct of Obligor,its officers,employees and agents,or arose out of installation,operation,possession,storage or use of any item of the Equipment,to the maximum extent permitted by law. VI. Title Section 6.01 Title.Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment.Title to the Equipment will automatically transfer to the Obligee in the event Obligor non-appropriates under Section 4.01 or in the event Obligor defaults under Section 9.01.In such event,Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee and Obligor will peaceably surrender possession ofthe Equipment to Obligee. Page 115 of 817 VII. Assignment Section 7.01 Assignment by Obligee.All of Obligee's rights,title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub- assignees by Obligee at any time without the consent of Obligor.No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee.Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee orthe assignee named in the notice of assignment.Obligor shall keep a complete and accurate record of all such assignments. Section 7.02 Assignment,Sale or Transfer by Obligor.None of Obligor's right,title and interest under this Contract and/or in the Equipment may be assigned,sold or transferred by Obligor unless Obligee approves of such assignment,sale ortransfer in writing before such assignment,sale ortransfer occurs and only afterObligor first obtains an opinion from nationally recognized counsel stating that such assignment,sale or transfer will notjeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01 Equipment.Obligor shall keep the Equipment in good repair and working order,and as required by manufacturer's and warranty specifications.If Equipment consists of copiers, Obligor is required to enter into a copier maintenance/service agreement.Obligee shall have no obligation to inspect,test,service,maintain,repair or make improvements or additions to the Equipment under any circumstances.Obligor will be liable for all damage to the Equipment,other than normal wear and tear,caused by Obligor,its employees or its agents.Obligor shall pay for and obtain all permits,licenses and taxes related to the ownership,installation,operation,possession,storage or use of the Equipment.If the Equipment includes any titled vehicle(s),then Obligor is responsible for obtaining such title(s)from the State.Obligor shall not use the Equipment to haul,convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act,42 U.S.C. 6901 et.seq.Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements,affidavits, notices,and similar instruments,for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee's interest in the Equipment and in this Contract.Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01 Events of Default defined.The following events shall constitute an"Event of Default"under this Contract: (a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen(15)days after such payment is due according to the Payment Date listed on Exhibit B. (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen(15)days after written notice by Obligee that such payment must be made.If Obligor continues to fail to pay any payment aftersuch period,then Obligee may,but will not be obligated to,make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (c) Failure by Obligor to observe and perform any warranty,covenant,condition,promise or duty under this Contract for a period of thirty(30)days after written notice specifying such failure is given to Obligor by Obligee,unless Obligee agrees in writing to an extension of time.Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor.Subsection(c)does not apply to Contract Payments and other payments discussed above. (d) Any statement,material omission,representation or warranty made by Obligor in or pursuant to this Contract which proves to be false,incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Except as provided in Section 4.01 above,Obligor admits in writing its inability to pay its obligations. (g) Obligor defaults on one or more of its other obligations. (h) Obligor becomes insolvent,is unable to pay its debts as they become due,makes an assignment for the benefit of creditors,applies for or consents to the appointment of a receiver, trustee,conservator,custodian,or liquidator of Obligor,or all or substantially all of its assets,or a petition for relief is filed by Obligor under federal bankruptcy,insolvency or similar laws,or is filed against Obligor and is not dismissed within thirty(30)days thereafter. Section 9.02 Remedies on Default or Non-Appropriation.Whenever any Event of Default or Non-Appropriation exists,Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract,Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to be immediately due and payable. (b) Upon written request by Obligee,Obligor shall,within a reasonable timeframe established by Obligee,use its best efforts to sell the Equipment in a commercially reasonable manner. Alternatively,Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment to Obligee as provided below in Section 9.04.Such delivery shall take place within fifteen(15)days after the Event of Default occurs.Obligee may allow additional time for Obligor to deliver the Equipment provided Obligor is making a good faith effort to deliver the Equipment as quickly as possible.Upon receipt ofthe Equipment Obligee shall use its best efforts to sell the Equipment in a commercially reasonable manner.Upon sale of the Equipment by either Obligor or Obligee as provided herein,all proceeds of sale shall be applied:(i)first,to pay the reasonable costs of such sale including without limitation,amounts payable under Section 9.02(c),(ii)then,to pay any Contract Payments due and owing;and(iii)then pay the applicable Purchase Option Price.Any proceeds of sale remaining in excess of items (i),(ii)and(iii)above shall be paid to Obligor.If Obligor fails to deliver the Equipment to Obligee as provide herein,Obligee shall have the right to collect additional Contract Payments from the Obligor during the period of such failure in the exact amounts and on the dates due as set forth on Exhibit B of the Agreement and Obligor hereby pledges to make these additional Contract Payments from all available revenue sources of Obligor excepting only revenues obtained from ad valorem taxes.If the Obligor does not make such additional Contract Payments as provided for herein,then Obligee shall have the right to obtain a judgement against Obligor for an amount that is not less than the applicable Purchase Option Price,provided that any funds to pay the judgement shall come from all available revenue sources of Obligor excepting only revenues obtained from ad valorem taxes. (c) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights.Obligor shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights underthis Contract including,but not limited to,reasonable attorney fees. Section 9.03 No Remedy Exclusive.No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity.No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage. (a) Surrender:When required hereunder,the Obligor shall,at its own expense,surrender the Equipment and all required documentation to evidence transfer of title from Obligor to the Obligee by delivering the Equipment to the Obligee to a location accessible by common carrier and designated by Obligee.In the case that any of the Equipment consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software.At Obligee's request,Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor's locations to verify compliance with the terms hereto. (b) Delivery:When required hereunder,the Equipment shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed.When the Equipment is delivered into the custody of a common carrier,the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee's instructions and at the Obligor's sole expense.Obligor at its expense shall completely sever and disconnect the Equipment or its component parts from the Obligor's property all without liability to the Obligee.Obligor shall pack or crate the Equipment and all of the component parts of the Equipment carefully and in accordance with any recommendations of the manufacturer.The Obligor shall deliver to the Obligee the plans,specifications,operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and such other documents in the Obligor's possession relating to the maintenance and methods of operation of such Equipment!. (c) Condition:When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract.It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens.If Obligee reasonably determines that the Equipment or an item of the Equipment,once it is returned,is not in the condition required hereby,Obligee may cause the repair,service,upgrade,modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand,Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage:Upon written request by the Obligee,the Obligor shall provide free storage for the Equipment for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee.The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance. Page 116 of 817 X. Vendor Payable Account Section 10.01 Establishment of Vendor Payable Account.On the date that the Obligee executed this Contract,which is on or after the date that the Obligor executes this Contract,Obligee agrees to(i)make available to Obligor an amount sufficient to pay the total Purchase Price for the Equipment by establishing a separate,non-interest bearing account(the"Vendor Payable Account"),as agent for Obligor's account,with a financial institution that Obligee selects that is acceptable to Obligor(including Obligee or any of its affiliates)and(ii)to deposit an amount equal to such Purchase Price as reflected on Exhibit B in the Vendor Payable Account.Obligor hereby further agrees to make the representations,warranties and covenants relating to the Vendor Payable Account as set forth in Exhibit C attached hereto.Upon Obligor's delivery to Obligee of a Payment Request and Equipment Acceptance Form in the form set forth in Exhibit C attached hereto,Obligor authorizes Obligee to withdraw funds from the Vendor Payable Account from time to time to pay the Purchase Price,or a portion thereof,for each item of Equipment as it is delivered to Obligor.The Payment Request and Equipment Acceptance Form must be signed by an authorized individual acting on behalf of Obligor.The authorized individual or individuals designated by the Obligor must sign the Signature Card which will be kept in the possession of the Obligee. Section 10.02 Down Payment.Prior to the disbursement of any funds from the Vendor Payable Account,the Obligor must either(1)deposit all the down payment funds that the Obligor has committed towards the purchase ofthe Equipment into the Vendor Payable Account or(2)Obligor must provide written verification to the satisfaction ofthe Obligee that all the down payment funds Obligor has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request and Equipment Acceptance Form. For purposes of this Section,the down payment funds committed towards the Equipment from the Obligor are the down payment funds that were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligor to the Obligee. Section 10.03 Disbursement upon Non-Appropriation or Default.If an event of non-appropriation or default occurs prior to the Partial Prepayment Date,the amount then on deposit in the Vendor Payable Account shall be retained by the Obligee and Obligor will have no interest therein. Section 10.04 Surplus Amount.Any Surplus Amount then on deposit in the Vendor Payable Account on the Partial Prepayment Date shall be applied to pay on such Partial Prepayment Date a portion of the Purchase Option Price then applicable. Section 10.05 Recalculation of Contract Payments.Upon payment of a portion of the Purchase Option Price as provided in Section 10.04 above,each Contract Payment thereafter shall be reduced by an amount calculated by Obligee based upon a fraction the numerator of which is the Surplus Amount and the denominator of which is the Purchase Option Price on such Partial Prepayment Date.Within 15 days after such Partial Prepayment Date,Obligee shall provide to Obligor a revised Exhibit B to this Contract,which shall take into account such payment of a portion ofthe Purchase Option Price thereafterand shall be and become thereafter Exhibit B to this Contract.Notwithstanding any other provision of this Section 10,this Contract shall remain in full force and effect with respect to all or the portion of the Equipment accepted by Obligor as provided in this Contract,and the portion of the principal component of Contract Payments remaining unpaid afterthe Partial Prepayment Date plus accrued interest thereon shall remain payable in accordance with the terms of this Contract,including revised Exhibit B hereto which shall be binding and conclusive upon Obligee and Obligor. XI. Miscellaneous Section 11.01 Notices.All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 11.02 Binding Effect.Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction,and Obligee has executed the Contract.Thereafter,this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns. Section 11.03 Severability.In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction,such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.04 Amendments,Addenda.Changes or Modifications.This Contract may be amended,added to,changed or modified by written agreement duly executed by Obligee and Obligor. Furthermore,Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor,a reasonable fee,to be determined at that time,as compensation to Obligee for the additional administrative expense resulting from such amendment,addenda,change or modification requested by Obligor. Section 11.05 Execution in Counterparts.This Contract may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.06 Captions.The captions or headings in this Contract do not define,limit or describe the scope or intent of any provisions or sections of this Contract. Section 11.07 Master Contract.This Contract can be utilized as a Master Contract.This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit and Exhibit B,as well as other exhibits or documents that may be required by Obligee.Additional Schedules will be consecutively numbered on each ofthe exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule. Section 11.08 Entire Writing.This Contract constitutes the entire writing between Obligee and Obligor.No waiver,consent,modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties,and then such waiver,consent,modification or change shall be effective only in the specific instance and for the specific purpose given.There are no understandings,agreements,representations,conditions,or warranties,express or implied,which are not specified herein regarding this Contract orthe Equipment financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. Section 11.09 Designation as Qualified Tax-Exempt Obligation.Pursuant to Section 265(b)(3)(B)(i)ofthe Internal Revenue Code of 1986 as amended(the"Code"),the Obligor hereby specifically designates the Contract as a"qualified tax-exempt obligation"for purposes of Section 265(b)(3)ofthe Code.In compliance with Section 265(b)(3)(D)ofthe Code,the Obligor hereby represents that the Obligor will not designate more than$10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such"qualified tax- exempt obligations'. In compliance with the requirements of Section 265(b)(3)(C)of the Code,the Obligor hereby represents that the Obligor(including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E)ofthe Code)reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered,obligations bearing interest exempt from federal income taxation under Section 103 of the Code(other than"private activity bonds'as defined in Section 141 of the Code)in an amount greater than$10,000,000. Section 11.10 Acceptance of Obligation to Commence Contract Payments Under Exhibit B.By signing and attesting directly below,Obligor hereby warrants and certifies that:The Equipment described on Exhibit A has not been delivered,installed or available for use as of the Commencement date of this Contract.Obligor acknowledges that Obligee has agreed to deposit into a Vendor Payable Account an amount sufficient to pay the total purchase price(the"Purchase Price")for the Equipment so identified in such Exhibit A;The principal amount of the Contract Payments in the Exhibit B accurately reflects the Purchase Price;Obligor agrees to execute a Payment Request and Equipment Acceptance Form authorizing payment ofthe Purchase Price,or portion thereof,for each withdrawal of funds from the Vendor Payable Account Section 11.11 Obligor further warrants and certifies that:Obligor's obligation to commence Contract Payments as set forth in Exhibit B is absolute and unconditional as ofthe Commencement Date and on each date set forth in Exhibit B thereafter,subject to the terms and conditions of the Contract;immediately upon delivery and acceptance of all the Equipment,Obligor will notify Obligee of Obligor's final acceptance ofthe Equipment by deliveringto Obligee the Payment Request and Equipment Acceptance Form in the form set forth in Exhibit C attached tothe Contract; in the event that any Surplus Amount is on deposit in the Vendor Payable Account when an event of non-appropriation or default under the Contract occurs,then those amounts shall be applied as provided in Section 10 of the Contract;regardless of whether Obligor delivers a final Payment Request and Equipment Acceptance Form,all Contract Payments paid prior to delivery of all the Equipment shall be credited to Contract Payments as they become due under the Contract as set forth in Exhibit B. Page 117 of 817 Section 11.12 Contract Terms and Conditions.This Contract will take effect once signed by both parties.This Contract may be signed by the parties in counterparts which together shall constitute one and the same Contract among the parties.A facsimile signature shall constitute an original signature for all purposes. Section 11.13 Florida Public Records Law.The City is public agency subject to Chapter 119,Florida Statutes. The Obligee shall comply with Florida's Public Records Law. Specifically,the Obligee shall:(a)Keep and maintain public records required by the Obligor to perform the service;(b)Upon request from the Obligor's custodian of public records,provide the Obligor 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,Obligee shall destroy all copies of such confidential and exempt records remaining in its possession once the Obligee transfers the records in its possession to the Obligor;and(d)Upon completion of the Contract,Obligee shall transfer to the Obligor,at no cost to the Obligor,all public records in Obligee's possession All records stored electronically by Obligee must be provided to the Obligor,upon request from theObligor's custodian of public records,in a format that is compatible with the information technology systems of the Obligor.IF THE OBLIGEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUES,TO THE OBLIGEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS:(CITY CLERK) 3301 QUANTUM BLVD.BOYNTON BEACH,FLORIDA,33435. Section 11.14 Scrutinized Companies.By execution of this Contract,in accordance with the requirements of F.S.287-135 and F.S.215.473,Obligee certifies that Obligee is not participating in a boycott of Israel.Obligee further certifies that Obligee 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 Obligee been engaged in business operations in Syria.Subject to limited exceptions provided in state law,Obligor 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 Obligor shall provide notice,in writing,to Obligee of the Obligor's determination concerning the false certification.Obligee 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,Obligee 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 Obligee does not demonstrate that the Obligor's determination of false certification was made in error then the Obligor 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 Section 11.15 Resolution and Authorization.By signing and attesting directly below,Obligor hereby warrants and certifies that the Governing Body of the Obligor at either a special or regular meeting or through some other approved method of authorization has determined that this Contract is in the best interests of the Obligor and the Governing Body did at such meeting or through some other approval method approve the entering into of the Contract by the Obligor and specifically designated and authorized the individual(s)who have signed directly below to execute this Contract on Obligor's behalf along with any related documents(including any Escrow Agreement)necessary to the consummation ofthe transaction contemplated by the Contract. Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below. City of Boynton Beach, Florida Fleetwood Finance Leasing LLC Signature Signature Printed Name and Title Printed Name and Title City of Boynton Beach, Florida Attested By Authorized Individual: Signature Printed Name and Title Page 118 of 817 Schedule(01) EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of June 1,2020,between Fleetwood Finance Leasing LLC(Obligee)and City of Boynton Beach, Florida(Obligor) Below is a detailed description of all the items of Equipment including quantity,model number and serial number where applicable: Assorted Emergency Communication and Recording Equipment Physical Address of Equipment after Delivery Page 119 of 817 Schedule(01) EXHIBIT B PAYMENT SCHEDULE RE: Government Obligation Contract dated as of June 1,2020,between Fleetwood Finance Leasing LLC(Obligee)and City of Boynton Beach, Florida(Obligor) Date of First Payment: October 1,2020 Original Balance: $57,841.58 Total Number of Payments: Five(5) Number of Payments Per Year: One(1) Pmt Due Total Service Contract Applied to Applied to *Purchase No. Date Payment Payment Payment Interest Principal Option Price 1 1-Oct-20 $19,541.64 $6,369.00 $13,172.64 $1,144.53 $12,028.11 $48,987.42 2 1-Oct-21 $19,541.64 $6,369.00 $13,172.64 $2,675.00 $10,497.64 $37,274.61 3 1-Oct-22 $19,541.64 $6,369.00 $13,172.64 $2,062.06 $11,110.58 $25,212.75 4 1-Oct-23 $19,541.64 $6,369.00 $13,172.64 $1,413.32 $11,759.32 $12,791.45 5 1-Oct-24 $19,541.64 $6,369.00 $13,172.64 $726.71 $12,445.93 $0.00 City of Boynton Beach, Florida Signature Printed Name and Title *Assumes all Contract Payments due to date are paid Please list the Source of Funds(Fund Item in Budget)for the Contract Payments that come due under Exhibit B of this Contract. Source of Funds: General Fund Page 120 of 817 Schedule(01) EXHIBIT C PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM RE: Government Obligation Contract dated as of June 1,2020,between Fleetwood Finance Leasing LLC(Obligee)and City of Boynton Beach, Florida(Obligor) In accordance with Section 10.01,by executing this Payment Request and Equipment Acceptance Form the Obligor hereby represents that the Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Obligor and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees.The Obligor hereby represents and warrants for all purposes that: 1. Pursuant to the invoice attached hereto,the amount to be disbursed is$ and this amount is consistent with the Contract between Obligor and vendor. 2. Payment is to be made to: Payee: 3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is a request for a release of funds from the Vendor Payable Account to pay for a portion,or all,of the Equipment:(1)Invoice from the vendor,(2) copy of the Contract between Obligor and vendor(if requested by the Obligee),(3)Insurance Certificate(if applicable),(4)front and back copy of the original MSO/Title.By executing this Payment Request and Equipment Acceptance Form and attaching the documents as required above, the Obligor shall be deemed to have accepted this portion of the Equipment for all purposes under the Contract,including,without limitation, the obligation of Obligor to make the Contract Payments with respect thereto in a proportionate amount of the total Contract Payment. 4. No amount listed in this exhibit was included in any such exhibit previously submitted. 5. Each disbursement hereby requested has been incurred and is a proper charge against the Vendor Payable Account. No amount hereby requested to be disbursed will be paid to Obligor as reimbursement for any expenditure paid by Obligor more than 60 days prior to the date of execution and delivery of the Contract. 6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Obligor's specifications and accepted for all purposes. 7. That Obligor is or will be the title owner to the Equipment referenced in the attached,and that in the event that any third party makes a claim to such title that Obligor will take all measures necessary to secure title including,without limitation,the appropriation of additional funds to secure title to such Equipment,or a portion thereof,and keep the Contract in full force and effect.Furthermore,Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 8. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor,and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. I,the undersigned,hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Payment Request and Equipment Acceptance Form. Please forward this document and any correspondence relating to vendor payment to: Email: smiller@fleetwoodfinance.com Please call(908)472-3675 if you have any questions. City of Boynton Beach, Florida Signature Printed Name and Title Page 121 of 817 Schedule(01) EXHIBIT D SIGNATURE CARD RE: Government Obligation Contract dated as of June 1,2020,between Fleetwood Finance Leasing LLC(Obligee)and City of Boynton Beach, Florida(Obligor) The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making payments from the Equipment Acquisition Fund or Vendor Payable Account. By signing below,the undersigned represents and warrants that s/he has received all appropriate authority from City of Boynton Beach,Florida. City of Boynton Beach, Florida Signature Printed Name and Title Signature of additional authorized individual(optional)of Obligor Signature Printed Name and Title Page 122 of 817 Schedule(01) EXHIBIT E OBLIGOR ACKNOWLEDGEMENT RE: Government Obligation Contract dated as of June 1,2020,between Fleetwood Finance Leasing LLC(Obligee)and City of Boynton Beach, Florida(Obligor) Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above-mentioned Contract. Please complete the below information,attach another page if necessary Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Vendor Name: Equipment: Cost of Equipment: Obligor will immediately notify Obligee if any of the information listed above is changed. Page 123 of 817 NOTICE OF ASSIGNMENT JUNE 1,2020 Fleetwood Finance Leasing LLC(Obligee/Assignor) hereby gives notice of an Assignment between Obligee/Assignor and KS StateBank(Assignee)of the Government Obligation Contract(Contract)between Obligee/Assignor and City of Boynton Beach,Florida,dated as of June 1,2020. All Contract Payments coming due pursuant to the Contract shall be made to: KS StateBank P.O.Box 69 Manhattan,Kansas 66505-0069 Fleetwood Finance Leasing LLC, Obligee/Assignor Signature Printed Name and Title ACKNOWLEDGEMENT OF AND CONSENT TO ASSIGNMENT City of Boynton Beach, Florida (Obligor) as party to a Government Obligation Contract dated as of June 1, 2020 between Obligor and Fleetwood Finance Leasing LLC (Obligee), hereby acknowledges receipt of a Notice of Assignment dated June 1, 2020 whereby Obligee gave notice of its assignment to KS StateBank of its right to receive all Contract Payments due from Obligor under the Contract and hereby consents to that Assignment. Pursuant to the Notice of Assignment from Obligee,Obligor agrees to deliver all Contract Payments coming due under the Contract to: KS StateBank P.O.Box 69 Manhattan,Kansas 66505-0069 City of Boynton Beach, Florida Signature Printed Name and Title Page 124 of 817 INSURANCE REQUIREMENTS Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Certificate Holder: City of Boynton Beach, Florida KS StateBank 3301 Quantum Boulevard,Suite 101 1010 Westloop, P.O. Box 69 Boynton Beach, Florida 33426 Manhattan, Kansas 66505-0069 1. Equipment Description ♦ Assorted Emergency Communication and Recording Equipment ♦ Please include all applicable VIN'S,serial numbers,etc. 2. Physical Damage ♦ All risk coverage to guarantee proceeds of at least$57,841.58. 3. Loss Payee ♦ KS StateBank ACIA(and/or Its Assigns)MUST be listed as loss payee. Please forward certificate as soon as possible to: Email: smiller@fleetwoodfinance.com Please complete the information below and return this form along with the Contract. City of Boynton Beach,Florida Insurance Company: Agent's Name: Telephone#: Fax#: Address: City,State Zip: Email: Page 125 of 817 *PREFERRED* *As an additional payment option for Obligor,we are now providing the option of ACH(Automatic Clearing House).By completing this form,Obligor is authorizing Obligee to withdraw said payment amount on said date. DEBIT AUTHORIZATION I hereby authorize KS StateBank Government Finance Department to initiate debit entries for the Payment Amount(including,but not limited to,any late fees,rate changes,escrow modifications,etc.).I acknowledge that KS StateBank Government Finance Department may reinitiate returned entries up to two additional times,to the account indicated below at the financial institution named below and to debit the same to such account for: Contract Number Payment Amount Frequency of Payments 3380681 $19,541.64 Annual Beginning Day of Month Month Year Debits will be made according to Exhibit B of the Contract I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S.law. Financial Institution Name Branch Address City State Zip Routing Number Account Number Type of Account ❑Checking ❑Savings If the account does not have sufficient funds,KS StateBank Government Finance Department may attempt, but shall have no obligation to continue to attempt to deduct the payment from the account. If the account has insufficient funds when KS StateBank Government Finance Department attempts to deduct a payment,KS StateBank Government Finance Department may terminate the automatic deduction of payments upon notice to borrower and me. Until such time as payment is made, borrower shall be responsible to make such payments,and all other payments that may be due to KS StateBank Government Finance Department regarding the above-referenced loan. This authority is to remain in full force and effect until KS StateBank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford KS StateBank a reasonable opportunity to act on it. Obligor Name on Contract City of Boynton Beach,Florida Signature Printed Name and Title Tax ID Number Date 59-6000282 PLEASE ATTACH COPY OF AVOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a proper identification. Page 126 of 817 8038 REVIEW FORM The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate.Unless you instruct us otherwise,we have engaged a Paid Preparer to assist in the filling out of this form.The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury.The responses on this 8038 form are based on the dates and amounts which you have requested(structure of the transaction)and which are on the Payment Schedule. 1. Please review our responses for accuracy.If anything is inaccurate,please contact our office so that we can make proper revisions. 2. If the information provided to you on this form is accurate,please sign where indicated and return with the document package. 3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form,we will make such changes and provide notification to you. 4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website: http://www.irs.gov/app/picklist/list/formslnstructions.htmll or contact your local IRS office. Page 127 of 817 Form8038-11C Information Return for Small Tax-Exempt (Rev.January 2012) Governmental Bond Issues, Leases, and Installment Sales OMB No.1545-0720 Department of the Treasury ► Under Internal Revenue Code section 149(e) Internal Revenue Service Caution:If the issue price is$100,000 or more, use Form 8038-G. Reporting Authority Check box if Amended Return No- 1 1 Issuer's name 2 Issuer's employer identification number(EIN) City of Boynton Beach, Florida 59 1 6000282 3 Number and street(or P.O.box if mail is not delivered to street address) Room/suite 3301 Quantum Boulevard,Suite 101 4 City,town,or post office,state,and ZIP code 5 Report number(ForlRS Use Only) Boynton Beach,Florida 33426 F1 E7 F1 6 Name and title of officer or other employee issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative Ms. Robin Brown,Accounting Tech II (561)742-6317 Description of Obligations Check one: a single issue Q or a consolidated return ❑ . 8a Issue price of obligation(s)(see instructions) . . . . . . . . . . . . . . . . . . . . . 8a 61,090 55 b Issue date(single issue)or calendar date(consolidated). Enter date in mm/dd/yyyy format(for example,01/01/2009)(see instructions) ► 0610112020 9 Amount of the reported obligation(s)on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . 9a b For leases for office equipment. . . . . . . . . . . . . . . . . . . . . . . . 9b c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . . 9c d For leases for other(see instructions). . . . . . . . . . . . . . . . . . . . . . . . 9d 61,090 55 e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 9e f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . . . . . 9f g For bank loans for real property. . . . . . . . . . . . . . . . . . . . . . . . 9g h For bank loans for other(see instructions) . . . . . . . . . . . . . . . . . . . . 9h i Used to refund prior issue(s). . . . . . . . . . . . . . . . . . . . . . . . . 9i j Representing a loan from the proceeds of another tax-exempt obligation(for example, bond bank). . . 9j k Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9k 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(II I)(small issuer exception),check this box . . . . . . . ► Q 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check this box(see instructions). . . . . . . . . . . ► ❑ 12 Vendor's or bank's name: Fleetwood Finance Leasing LLC ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 13 Vendor's or bank's employer identification number: 81 14622324 Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and belief, they are true,correct,and complete.I further declare that I consent to the IRS's disclosure of the issuer's return information,as necessary to Signature process this return,to the person that I have authorized above. and Consent Signature of issuer's authorized representative Date Type or print name and title Print/Type preparer's name Prenarer's signature Date PTIN Paid 4 HEvanHowe Check El if H. Evan Howe '^"��2020-05-18 14:56:39 0511812020 self-employed P01438994 Preparer Use Only Firm's Name► Ba stone Financial LLC Firm's EIN► 48-1223987 Firm's Address► 12980 Metcalf,Suite 310,Overland Park, KS 66213 Phone no. (800)752-3562 General Instructions Who Must File pay a penalty in lieu of arbitrage rebate(see Section references are to the Internal Revenue Issuers of tax-exempt governmental obligations the line 11 instructions). Code unless otherwise noted with issue prices of less than$100,000 must Filing a consolidated return for What's New file Form 8038-GC. multiple issues.For all tax-exempt The IRS has created a page on IRS.gov for Issuers of a tax-exempt governmental governmental obligations with issue prices of information about the Form 8038 series and its obligation with an issue price of$100,000 or less than$100,000 that are not reported on a instructions,at www.irs.gov/form8038. more must file Form 8038-G, Information separate Form 8038-GC,an issuer must file a Information about any future developments Return for Tax-Exempt Governmental consolidated information return including all affecting the Form 8038 series(such as Obligations. such issues issued within the calendar year. legislation enacted after we release it)will be Filing a separate return for a single issue. Thus,an issuer may file a separate Form 8038- posted on that page. Issuers have the option to file a separate Form GC for each of a number of small issues and Purpose of Form 8038-GC for any tax-exempt governmental report the remainder of small issues issued obligation with an issue price of less than during the calendar year on one consolidated Form 8038-GC is used by the issuers of tax- $100,000. Form 8038-GC. However, if the issue is a exempt governmental obligations to provide the An issuer of a tax-exempt bond used to finance construction issue,a separate Form 8038-GC IRS with the information required by section must be filed to give the IRS notice of the 149(e)and to monitor the requirements of construction expenditures must file a separate Form 8038-GC for each issue to give notice to election to pay a penalty in lieu of arbitrage sections 141 through 150. +„ rebate. Cat.No.64108B Form 8038-GC (Rev.1-2012) Page 128 of 817 Fleetwood Finance Leasing LLC INVOICE #MIDF51820 Please remit to: City of Boynton Beach Fleetwood Finance Leasing LLC 3301 Quantum Boulevard, Suite 101 184 North Avenue East, Suite 4 Boynton Beach, FL 33426 Cranford, NJ 07016 Description Contract Payment Sales/Use Tax Total Due Documentation Fee $250.00 $250.00 REMITTANCE COPY Page 129 of 817 M C - n O O .-, m m _ W V V T T N ® O p .� O m m o M �o 3 W O X V CO m Z In O M N Z .moi ^ Z L L L V V) N 1p M V1 a N U m > i �j (6 '>LIM W. t V 2 w w w � V C t 12Oru eO1 M ^ W O z W �4" - O O O O O O ,,,"� O O O O O O C Q V In In O O = O O = CIO J T T O 1p J V1 O J O �u Z -p T N l0 M -0 W O Y G ® N ^ M n v GL o a w w w o cor m y o .-, m m an 0 m LL w U I- m �n �n a, o? o ° o V p+ o m ri o M rn o Q u f- U N In O T U .moi N U - a In O M N a V a O d) J 1O M O C CM I� ~ ~ V a Z Z Z H G d^ O = Z z ° M O U o 0 0 0 0 o U o o w U W m m m m m m 0 m V 0, 00 0 YO —oo :a rn a c O ..0., F. �. 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Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve Task Order UT-3D-03 with Baxter &Woodman,Inc., in the amount of$94,561 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 for 30% civil engineering design plans and assistance with the City's 2021 Transportation Alternative Program grant application. Explanation of Request: The City intends to apply for the Palm Beach Transportation Planning Authority's 2021 Transportation Alternative Program Grant. The deadline for submittal in February 26, 2021. The project that Staff proposes is a complete street/vision zero enhancements, including: adding two lanes (from two lanes to four lanes), bike lanes, and safe pedestrian crossings. Staff's anticipates requesting $750,000 to cover the anticipated cost of construction. To strengthen the City's chances for award, civil engineering plans and design services are required, therefore staff requests to acquire the services of the consultant to produce 30% plans, assist with the completion of grant application, and assistance with community outreach needed prior to submitting the application. Additionally, Palm Beach County is in the process of designing a round-a-bout at the intersection of Minor Road and High Ridge Road, proposed for construction in 2023. The City's project, if awarded will be 100% designed in 2024 and constructed in 2026. How will this affect city programs or services? This project will provide higher level of service on High Ridge Road for drivers and provide safe means of transportation to all users. Fiscal Impact: Budgeted Funds for the project are available in the Street Maintenance CIP account (303-4905-580.63-08); Project#CP0266 Alternatives: Do not proceed with the project or delay the project for a future date. Strategic Plan: Transportation and Mobility Strategic Plan Application: This project will provide higher level of service on High Ridge Road for drivers and provide safe means of transportation to all users. Climate Action: Page 132 of 817 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Contract Executed Contract D Attachment Proposal for services Page 133 of 817 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' in entered into between the City of Boynton Beeuh, hereinafter referred to as "the CITY", and BAXTER & WOODMAN, INC. DBA N1ATHEVV8 CONGULT|NG, A BAXTER & WOODMAN COK8PANY, hereinafter referred h000 "the CONSULTANT",in consideration of the mutual benefits,terms,and conditions hereinafter specified VYHEREA8, pursuant to Section 287.055. Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City ofBoynton 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 nfBoynton Beach, RFQNo.O40'2821'17/TP;and WHEREAS, the City Commission designated CONSULTANT as one of eaxam| qualified consulting firms 8nprovide General Consulting services tuthe CITY;and NOW, THEREFORE, inconsideration ofthe mutual covenants expressed herein, the parties agree aufollows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to pedbnn General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision ofall labor,materials,equipment and supplies. The specified projects which may boassigned mCONSULTANT ioinconjunction 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 12.1 GENERAL:The CONSULTANT agrees mperform work assigned UyTask Ondor(e)under such terms aoset forth inthe Task 0vder(a).The terms of the Task 0rder(o)shall besupplemental mthe terms ofthis Agreement. The term^Aumcmom''has the same meaning mthe term"cowmu '. Boynton Beach Utilities General Consulting Services v.5CLEAN FINAL c-1 Page 134of817 ..... ..... 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants'work. 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; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C 2 Page 135 of 817 assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist 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 Boynton Beach Utilities-General Consulting Services C 3 V.5 CLEAN FINAL Page 136 of 817 previous estimates of probable Construction Costs indicated by changes in codes,administrative and jurisdictional requirements 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 Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 137 of 817 proposals or negotiated proposals, and assist in preparing contracts for construction. 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 138 of 817 the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have 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 arch itecturallengineering 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 Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 139 of 817 Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 140 of 817 other submittals; Maintenance and preparation of progress reports; 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; 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; •3 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; •S 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 141 of 817 Although CONSULTANT shall not be responsible for health or safety 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. ee 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 Boynton Beach Utilities-General Consulting Services C-9 V.5 CLEAN FINAL Page 142 of 817 ._..._ ....._....... and/or specifications which inhibit contractors from submitting 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. Boynton Beach Utilities-General Consulting Services C-18 V.5 CLEAN FINAL Page 143 of 817 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 144 of 817 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,failure 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 Boynton Beach Utilities-General Consulting Services C-12 V.5 CLEAN FINAL Page 145 of 817 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: 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; 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. 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. Boynton Beach Utilities-General Consulting Services C-13 V.5 CLEAN FINAL Page 146 of 817 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. to 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 147 of 817 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. 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-75 Page 148 of 817 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 149 of 817 RFQ, CONSULTANT has represented to CITY that certain individuals employed 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 Boynton Beach Utilities-General Consulting Services G-17 V.5 CLEAN FINAL Page 150 of 817 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 occurrence/aggregate 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. Boynton Beach Utilities-General Consulting Services C-18 V.5 CLEAN FINAL Page 151 of 817 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 Boynton Beach Utilities-General Consulting Services C-19 V.5 CLEAN FINAL Page 152 of 817 price or consideration, or otherwise recover, the full amount of such fee, commission,percentage,brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a 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 as of the date of the Contract. 13.2 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 inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract,and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, 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 of this contract. ARTICLE 15-DISCRIMINATION PROHIBITED 15.1 The CONSULTANT,with regard to the work performed by it under this Contract, 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. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 153 of 817 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 parry 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 154 of 817 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. Boynton Beach Utilities-General Consulting Services C-22 V.5 CLEAN FINAL Page 155 of 817 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 Copy 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: Baxter&Woodman, Inc.dba Mathews Consulting,a Baxter&Woodman Company Attn: Rebecca Travis,Vice President 477 S.Rosemary Avenue Suite 330 West Palm Beach, FL 33401 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 156 of 817 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. 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. PYLEJ671111FL.US Boynton Beach Utilities-General Consulting Services C-2d V.5 CLEAN FINAL Page 157 of 817 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: Zv°z - DATED this day of � ,20 /t MATHEWS CONSULTING, CITY OF BOYNTON BEACH A BAXTIER&WOODMA OMPA_NY /�.tit City Manager CONSULTANT PAN~�ti'.ti Attest/Authenticated: p 4�ZF- v Title (Corporate sjxbe City Pbrk Approv as t or Attest/Authenticated: OffiM of the City,41forney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 158 of 817 EXHIBIT"A" SCOPE D - FEE SCHEDULE FIRM: Baxter&Woodman.dba Mathews Consulting DATE: 3/27/18 Personnel Classifications Hourly Rate Principal $170.00 Project Manager $165.00 Senior Transportation Engineer $155.00 Senior Transportation Planner $170.00 Senior Surveyor/Mapper $150.00 Engineer $112.00 Urban Designer -- Transportation Planner -- Engineering Technician $110.00 Inspector(transportation) $90.00 GIS Specialist $135.00 CADD/Technician $92.00 Transportation Planning Technicia -- Clerical/Administrative $70.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Traffic Counter$50/day Miovision Traffic System$600 per diem plus $24/hr processing Subconsultant costs will be reimbursed at their invoice costs plus lWo markup Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 159 of 817 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.(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------ TYPE (Occurrence Based Only) 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) S 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 Intemtodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident S 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 Humeowners Revocable Permit $ 300,000.00 Builders Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Boynton Beach Utilities-General Consulting Services C-27 V.5 CLEAN FINAL Page 160 of 817 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. 1 Service: (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final DocumenUBidding/ContractorRward ❑ Construction Phase/Completion 2. Name of Project: 3. ProjectMan, er: 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? ❑ Yes ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of a er. 8. Name,title,and office ofrating officer e. .Utilities Director): 9. Signature ofrating officer: Boynton Beach Utilities-General Consulting Services C 28 V.5 CLEAN FINAL Page 161 of 817 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 hi hest score N/A 1. 1 Thorou h site investigation 1 2 3 4 5 2. Meeting cost limitations 1 12 3 1 4 1 5 3. Design/results suitability 1 2 3 1 4 1 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 15 6. *Plans clear/detailed 1 2 3 14 15 7. "Plan/spec accuracy 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 being the hi hest score N/A 1. Secs afford competition 1 2 1 3 14 1 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracv 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 6. 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 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLFAN FINAL C-29 Page 162 of 817 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 einc the hi hest score NIA 1. -Ura-wings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. ProducUE ui ment 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 3T45 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 Permitting A encies? 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 Dispute(s)? 1 2 3 4 5 Name and title of ratingofficer e.g. Utilities Director Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-30 V.5 CLEAN FINAL Page 163 of 817 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT,OTHER Rate numerically 1 to 5 with 5 b ing the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 1 3 1 45 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 1 3 4 5 4. Accuracy of documents 1 2 3 4 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 4 5 solving? 7. 1 Overall results 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 164 of 817 MATHEWS CONSULTING a BAXTEOOBMAN company August 13, 2018 ������������ Ms. Ilyse Triestman Purchasing Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Telephone 561-742-6322 Subject. RFQ No.046-2821-17ITP Resolution No.R18-103 General Engineering Services Agreement Category Scope D—Transportation Dear Ilyse, Please find enclosed one(1)original signed copy of the above referenced Agreement for General Consulting Services, Scope Category D—Transportation Services and a copy of our Certificate of Insurance. If you have any questions, please contact me. Sincerely, MATHEWS CONSULTING, A Baxter and Woodman Company 444�/- Rebecca Travis, P.E. Vice President/Region Manager West Palm Beach Enclosures MC File BOYBC/170878.00/BOYBC 477 S. Rosemary Ave.Suite 330,West Palm Beach,FL 33401 561.655.6175 www.baxterwoodman.com Page 165 of 817 A� CERTIFICATE OF LIABILITY INSURANCE DATE(MM ODYYIV) 8/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 NAME: Risk Strategies Company PHONE Ean: (847) 412-1414 �,n/c No): 650 Dundee Road E-MAIL ADDRESS: Suite 170 INSURERS AFFORDING COVERAGE NAIL# Northbrook IL 60062 INsuRERA:Valley Forge Ins CO '..20508 INSURED INSURERB:COntinental Insurance Cc Mathews Consulting, INSURERC:Continental Casualty Company a Baxter & Woodman Inc. CompanyINSURER D: 477 S. Rosemary Ave., #330 INSURER E: _ West Palm Beach FL 33401 INSURER F: COVERAGES CERTIFICATE NUMBER:CL17122151309 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ !NSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER X'..COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 LX I DAMAGE TO RENTED A TCLAIMS-MADE LI OCCUR PREMISES Ea occurrence S 1,000,000 X..primary/non contributory 6045872351 1/1/2018 1/1/2019 MED EXP(Any one person) $ 15,000 X sub to written contract PERSONAL&ADV INJURY_ $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5 2,000,000 PO ICY jE� �I LOC j PRODUCTS-COMPI4P RGG 8 2,000,000 X - _. OTHER: $ AUTOMOBILE LIABILITY ! !. I COMBINED SIN LE LIMIT $ 1,000,000 Ea accident A X ANY AUTO ! BODILY INJURY(Per person) S AOSCHEDULED AUTOS AUTOS 6045872348 1!1)2018 li 1!1!2019 BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE X !,HIRED AUTOS X AUTOS !. ! Per acddentl__ $ $ X'UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,0001.000 ., EXCESS LIAR B CLAIMS-MADE'.. j AGGREGATE $ 5,000,000 DED RETENTION$ 6045872365 1/1/2018 1/1/2019 $ WORKERS COMPENSATION !. PER TH. AND EMPLOYERS'LIABIUTY ! 'X STAT T ER ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N EL EACH ACCIDENT $ 1,000,000 C OFFICERIMEMBER EXCLUDED? ❑,N I A'' (Mandatory in NH) 6045872379 1/1/2018 1/112019 E.L.DISEASE-EA EMPLOYE $ 1,-000,000 If yes,describe under ! DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,11001000 C Professionl Liability AEH591900841 1/1/2018 !, 1/1/2019 Par claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space is required) Re: City of Boynton Beach, RFQ No. 046-2821-17/TP. City of Boynton Beach is included as additional insured per blanket endorsement as respect GL, subject to written contract requiring same. Waiver of subrogation applies GL/WC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Michael Christian/CID ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 166 of 817 �c April 28, 2020 Mr. Gary Dunmeyer, P.E. City Engineer City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 Subject: PROPOSAL:High Ridge Road Concept Study Dear Mr. Dunmeyer: Baxter &Woodman, Inc. is pleased to provide a proposal for your High Ridge Road Concept Study. The study will consist of preparation of conceptual plans, a conceptual cost estimate, and grant application assistance for an application to the Palm Beach Transportation Planning Agency (TPA) for High Ridge Road from NW Commerce Park Drive to Miner Road. Included are the following items: 1. Scope of Services 2. Man-hour Summary 3. Budget Summary 4. Design Schedule ENGINEERING FEE Our engineering fee for the stated scope of services is based on our hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses, including travel costs, which in total will not exceed$94,561. We are excited about this opportunity and are available and ready to begin. If you have any questions or need additional information, please feel free to contact me at 611-425-7715 or at rtravis@baxterwoodman.com. Sincerely, BAXTER&WOODMAN, INC. CONSULTING ENGINEERS 4 1 Rebecca Travis, P.E. Vice President Cc:Paola Mendoza Attachments Page 167 of 817 A"f t1{S}}� HIGH RIDGE ROAD CONCEPT STUDY CITY OF BOYNTON BEACH SCOPE OF SERVICES LOCATION: This project is located on High Ridge Road in the City of Boynton Beach, Florida. The project limits begin at NW Commerce Park Drive and extends north along High Ridge Drive to Miner Road. The project length is approximately 0.4 miles. PROJECT UNDERSTANDING: The existing cross-section of High Ridge Road consists of four lanes, 2 lanes in each direction, separated by a landscaped median from NW Commerce Park Drive to NW 25th Avenue. High Ridge Road then transitions from 4 lanes to 2 lanes, one lane each direction, with left turn channelization at the Industrial Way and Miner Road intersections. The posted speed limit is 30 mph. It's our understanding that the improvement will consist of milling and resurfacing the pavement and maintaining the existing four lanes and landscaped median along High Ridge Road from NW Commerce Park Drive to 25th Avenue. The City would like to remove the existing trees on the landscaped median and replace with low growing shrubs to improve sight distance. From 25th Avenue to Miner Road, the City would like to explore a possible 4 lane section along High Ridge Road while maintaining left turn channelization at the intersections. The following scope of work does not include topographic survey, geotechnical investigations, landscape architecture, or preparation of contract plans. SCOPE OF SERVICES: 1. PROJECT INITIATION AND DATA COLLECTION • Data Collection: Obtain, review and evaluate the following information provided by the City for use in design: o Existing plans (roadway, drainage, etc.) o GIS Shape files surrounding the project limits o Maintenance and flooding records o Crash Data (5 year) o Existing traffic data o ROW, property data • Agency Coordination: Coordinate with Palm Beach County on the future roundabout at the High Ridge Road and Miner Road intersection. Review the County's proposed roundabout plan, if available, and consider the future improvement with the development of the High Ridge Road concept plan. - 1 - Page 168 of 817 HIGH RIDGE ROAD CITY OF BOYNTON BEACH • Traffic Counts: Utilize Miovision traffic counting technology to obtain 24-hour intersection traffic counts to establish Average Daily Traffic (ADT) for the road segment. Turning movements, volumes, vehicle classification, and bike and pedestrian counts will be provided at one hour intervals. • Field evaluation: Collect and record all necessary field data for roadway, drainage, utility, and pavement analysis. Observe and photograph the project area and immediate surroundings. • Utilities: Contact Sunshine 811 to identify utility companies within the project limits. Initiate utility coordination by contacting utility companies that have facilities along the project limits and request utility atlas maps. Plot locations and sizes of existing utilities in electronic drawings. 2. TRAFFIC AND ACCIDENT ANALYSIS • Traffic Analysis: Review traffic and pedestrian crossing data and evaluate lane configurations for the corridor and turn lanes and storage lengths at intersections, and if any mid-block crosswalks are warranted. • Accident Analysis: Obtain accident data from the City and compile for review. Complete an accident diagram for the road in the last 5 years and summarize findings. Complete an accident analysis to evaluate the frequency, severity, and recommended countermeasures. 3. ALTERNATIVE ANALYSIS • Alternative Geometric Development: Analyze and schematically develop up to three roadway cross-section alternatives to establish the preferred alternative on High Ridge Road. One of the alternatives will be the existing roadway cross-section. Compile sketches of alternatives and summarize findings of the analysis with recommendations. It is anticipated that the City will review and approve a preferred alternative prior to the development of any concept plans. 4. CONCEPT DESIGN OF PREFERRED ALTERNATIVE • ROW Analysis: Determine the preferred improvement right-of-way requirements and confirm there is no need for acquisition. • Typical Sections: Prepare typical sections for the existing and proposed improvements, showing dimensions for roadway surface, curb and gutter, sidewalks, shared paths, parkway, and right of way. • Preferred Alternative Geometric Design: Develop the preferred improvement plan at 1"=20' scale, throughout the project. Identify design constraints including clear zone, obstructions, and drainage limitations. The plan shall include proposed pavement markings and signing. • Drainage: Evaluate the existing drainage system, an analysis of existing outlets, an evaluation of the need for storm water detention and compensatory storage, and provide recommendations for proposed drainage improvements. • Street Light Study: Evaluate the existing street lighting condition and recommend, if necessary, additional lighting or upgrades to the existing lighting system. - 2 - Page 169 of 817 HIGH RIDGE ROAD CITY OF BOYNTON BEACH • Estimate of Cost: Develop preliminary and final cost estimates for the preferred improvement 5. GRANT APPLICATION ASSISTANCE • Assist the City with grant application preparation. 6. MEETINGS AND PUBLIC INVOLVEMENT • Meetings:The following meetings are anticipated for this project: o City(3) o Commission (1) • Perform a drone flyover of project site and obtain aerial imagery. A 3D rendering exhibit will be prepared to show the proposed improvement for the City staff and Commission. 7. CONCEPT REPORT • Compile a concept report summarizing the existing conditions, alternatives evaluated, and proposed improvement. The report shall include exhibits of the proposed typical section, proposed plan, and construction cost estimate of the preferred alternate. 8. QA/QC • Perform in-house peer and milestone reviews by senior staff during project initiation, conceptual review, preliminary and final submittals. 9. MANAGE PROJECT • Plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Establish Basecamp with the City to communicate and submit milestone submittals and invoices to the City to ensure the goals of the project are achieved. Prepare and submit monthly invoices and progress reports and provide regular updates to the City. - 3 - Page 170 of 817 AXTER�"°s�,iUUOQDMAE )1� High Ridge Road Concept Study Budget Summary Labor Classification and Hourly Rates Project Senior Engineering GIS Sub- Principal Manager Engineer Engineer Technician Specialist Clerical Total Consultant Task No. Task Description $175.00 $165.00 $155.00 $112.00 $110.00 $135.00 $70.00 Labor Services 1 Project Initiation and Data Collection 24 30 16 $8,840.00 Subtotal Task 1 0 0 24 30 16 0 0 $8,840.00 $0.00 2 Traffic and Accident Analysis 4 24 $3,308.00 Subtotal Task 2 0 0 4 24 0 0 0 $3,308.00 $0.00 3 Alternative Analysis 8 26 26 $8,262.00 Subtotal Task 3 0 8 26 26 0 0 0 $8,262.00 $0.00 4 Concept Design of Preferred Alternate 8 100 100 56 $34,180.00 Subtotal Task 4 0 8 100 100 56 0 0 $34,180.00 $0.00 5 Grant Application Assistance 4 28 $5,040.00 Subtotal Task 5 4 0 28 0 0 0 0 $5,040.00 $0.00 6 Meetings and Public Involvement 12 12 76 $14,340.00 Subtotal Task 6 12 12 0 0 0 76 0 $14,340.00 $0.00 7 Concept Report 38 8 4 $7,066.00 Subtotal Task 7 0 0 38 8 0 0 4 $7,066.00 $0.00 8 CA/QC 4 20 $4,000.00 Subtotal Task 8 4 20 0 0 0 0 0 $4,000.00 $0.00 9 Manage Project 45 5 $7,775.00 Subtotal Task 9 0 45 0 0 0 0 5 $7,775.00 $0.00 Labor Subtotal Hours 20 93 220 188 72 76 9 678 $0.00 Labor Subtotal $3,500.00 $15,345.00 $34,100.00 $21,056.00 $7,920.00 $10,260.00 $630.00 Labor Total Costs $92,811.00 Subconsultants Costs Markup on Subconsultant 1.10 Subconsultants Total Cost 0.00 Reimbursables(mileage,postage,printing) $1,750.00 Project Total $94,561.00 R-age-47,1mof 817 Q LUh ta O N O � N A � co O _ o w O o .y y w N o P4 sti o bq P4 Q O 'C P4 U 3 O bAtQ i P, t Q � e � o a� a a� t 6.1. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. Explanation of Request: The City Commission approved a list of projects for FY 19/20 to be paid with Government Surtax funds in September 2019. In accordance with the City's Resolution R16-071, which is an Interlocal agreement with PBC and Palm Beach County Schools pertaining to shared distribution and use of the surtax funds the project list that the Commission adopted can be revised by the governing board. The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds (Surtax). Each community must account for the use of these funds to ensure their use is consistent with law and the intent of the voters. Each quarter the city will be providing a global update on the status of projects funded with Surtax revenues. However, on a much smaller scale it is recognized that some projects were added and/or changed since the initial inspection of the City facilities. Therefore, it is necessary to add projects as they occur during the fiscal year. These additions are to ensure consistency of review by the City Commission and the City's Citizen Surtax Oversight Committee. To that end, staff will be providing additional project requests throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting. Attached please find modifications to existing projects with proposed budget dollars. All projects will be funded by making budget adjustments with existing Surtax dollar projects. Based on the overall savings and the estimated budget for the new projects there is no need for a budget amendment rather adjustments to currently approved projects and the addition of three projects in the FY 19/20 budget. How will this affect city programs or services? Facility maintenance work is critical to keep, restore or improve every part of a Facility/Building to a currently acceptable standard. Fiscal Impact: Budgeted The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. Alternatives: None Strategic Plan: Page 173 of 817 Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Amendment CIPAmendment Page 174 of 817 vlr� U ry� -i a C14 2 "1 CN CL u iA L.L V, 41 4' 00 u U 0 ­ 41 4' 0 0 U 0 U cu cu r_ q .6 = 0 0 0 0 00 2 0 0 0 2 0 0 Cl- M E M E L6 Lr� C4 > zz 0 bn 0 0 bn CL Co CL am L co 4-- 0 00 v, m 41 bo 0 0 LO 4- u 0- l0 0 00 00 00 U Lr) Lr) 0 L� ­ -0 = = 0 U .6 .6 Lr) 0 u u C) u 0 < CL vCL CL CL 0 C) C) X m -C3 -C3 C*4 O) N o CL -C3 m -2, u EE N to OJ QJ Ln 71 a'Fa aE cvn 0 u Q Q -Q bo E E > 0 Ln -0 v _0 Q OJ o 0 0- Qj 0- "n E E Ln 0 0 .0 .0 u u m m O u V) 0 V z 0 Lon 0 Qj —j m -C3 —j > Q 3: 23 4j LU 4j U (i u u QJ cu = QJ u QJ Ln -q to C14 4.1 0 4.1 C) Rt a u C) a u C) 00 �p • S� C14 •Op • S C14 •N .0 .LA .0 C7 C7 h.. - - - - t�� i w ull U13 Cat nr Ln C- C- trek s m x U°i L Ll U 4' p CC v; L C a � a 0 tw CL CL m- aAA � 0 co 7:71 0 0 0 0 w M M N E •� N ON CA"' CL 0 L C w U v v M v ° a ,1 ,1 N s.,.. u CL v v CL u° 0 LL CL M M M 9 a O O O 0. tw 4-9 u S 4A 4- CA 0 uj i .. 9 +a h 0 °1 O C � O i U ° L 3 N � � O 3 O U O O O O a � � N a-- O a O Q v ao oOJC ° Qj 'E i c a� QC QJ U C O zLn p a U- ° 2 0 d ° ° QJ i o O U OJ Z D CL cit W xt u M O N O O O a a C4 a 3 oc � oc v z 6.J. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve an increase of$83,120 to the existing purchase order for sulfuric acid with Shrieve Chemical Company utilizing the previously approved City of Lake Worth Bid No.17-109 which expires October 17, 2020. This will bring the total approved expenditure to $211,000 for the year. Explanation of Request: The Utility utilizes sulfuric acid at the West Water Treatment Plant to lower the pH of the water before it goes through membrane filtration to minimize scaling/plugging of the membranes. On October 15, 2019 the City Commission approved utilizing the City of Lake Worth Bid No.17-109 for the purchase and delivery of sulfuric acid with Shrieve Chemical Company with an estimated annual expenditure of$127,880. Chemical use is directly related to water production and the water quality characteristics of the raw water being treated which can vary throughout the year. Based on current conditions, staff anticipates spending more than the $127,880 for the fiscal year and is requesting that the commission approve increasing the estimated amount by $83,120 to $211,000. How will this affect city programs or services? Sulfuric acid is necessary to prevent scaling and plugging of the membranes treating the water at the West Water Treatment Plant. Shrieve Chemical Company has been a reliable vendor for Boynton Beach Utilities. Fiscal Impact: Budgeted Budgeted funding is available in Utilities account 401-2811-536-52.35 . Alternatives: There are no alternatives based upon the current plant treatment process. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 177 of 817 ATTACHMENTS: Type Description D Addendum Shrieve Chemical Co, - 2nd Amend D Addendum Agreement- Fully Executed - Shrieve- Pi yback Piggyback Lake Worth D Addendum R18-172 D Addendum Shrieve Chemical Original Agreement D Addendum Shrieve Chemical Renewal 2019 D Addendum Shrieve Chemical - 1st Amend Page 178 of 817 22o`I-2 NOT GO fn C&A fit SECOND AMENDMENT TO AGREEMENT 93% SULFURIC ACID—PURCHASE AND DELIVER THIS SECOND AMENDMENT("Aimendment")to the 93%Sulfuric Acid—Purchase and Delivery Agreement is made as of the aq" day of September, 2019,by and between the City of Lake Worth Beach, Florida.,a municipal corporation of the State of Florida("CITY") and Shrieve Chemical Company, a Texas corporation authorized to do business in Florida, ("CONTRACTOR"). WHEREAS, the parties entered into the 93% Sulfuric Acid — Purchase and Delivery Agreement on October 17, 2017 (the"Agreement"); and WHEREAS,the Agreement has an initial one(1)year term and the option to renew for up to two (2) additional twelve(12)month renewals; and WHEREAS, the CITY and the CONTRACTOR wish to amend the Agreement to renew the Agreement for a final year with all other terms, conditions, pricing, and specifications remaining the same. NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged by each party hereto, the CITY and the CONTRACTOR agree to amend the Agreement, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Term of Agreement. The parties agree that the term of the Agreement is hereby amended to terminate October 17, 2020. 3. Entire Agreement. The CITY and the CONTRACTOR agree that the Agreement and this Amendment set forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Amendment may be added to, modified, superseded or otherwise altered,except by written instrument executed by the parties hereto.All other terms and conditions of the Agreement remain in full force and effect. 4. Counterparts. This Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Either or both parties may sign this Amendment via facsimile or email and such signature is as valid as the original signature of such party. 5. Scrutinized Companies. 5.1. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135,Florida Statutes,the City may immediately terminate this Agreement at its sole Page 1 of 3 Page 179 of 817 option if the Contractor or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of this Agreement. 5.2. If this Agreement is for one million dollars or more, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria as identified in Section 287.135,Florida Statutes. Pursuant to Section 287.135,the City may immediately terminate this Agreement at its sole option if the Contractor,or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement. 5.3. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 5.4. The Contractor agrees that the certifications in this section shall be effective and relied upon by the City for the term of this Agreement, including any and all renewals. 5.5. The Contractor agrees that if it or any of its subcontractors' status changes in regards to any certification herein,the Contractor shall immediately notify the City of the same. 5.6. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. REST OF PAGE LEFT BLANK INTENTIONALLY SIGNATURE PAGE FOLLOWS Page 2 of 3 Page 180 of 817 IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the 93% Sulfuric Acid — Purchase and Delivery Agreement on the day and year first above written. CITY OF LAKE WOR H BE FLORIDA By. Michael Bornstein, City Manager ATTEST: � F y Y r � r Deborah M.Andrea, City Cek F Approved as to form and legal stfcatYc `"F Glen J. Torcivia, City Attorney /mpa CONTRACTOR: SHRIEVE CHEMICAL COMPANY B [Corporate Seal] Print Name: 0 Title: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2019,by �- f a, ,as title) of _ Jn9 ,a Texas corporation authorized to do business in the State of Florida, d who is personally known to me or who has produced the following as identification. By: - �,,,,� --�--� --- Nary Public •Rap ANNETTE SUE MORRISON °. Notary Public, State of Texas Comm. Expires D7-17-2021 Print Name: r( yl Notary ID 7826979 My commission expires: ' ) 1 Page 3 of 3 Page 181 of 817 CONTRACT FOR 93%SULFURIC ACID This Agreement is made as of this AH day dzq-C,,_, 2018 by and between SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 1755 Woodstead Court,Woodlands,TX 77380("SHRIEVE"),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,sulfuric acid is critical to the water treatment process as it lowers the pf I of the feed water to prevent minerals from forming a hard scaie on the membrane during the treatment process. A bui!d-up of scale on the membranes will decrease the output West Water Treatment Plant productim:and WHEREAS, SHRIEVE, has agreed to allow the City to piggy-back the City, of Lake Worth Contract Bid 17-109 to provide sulfuric acid for an estimated annual expenditure of 00,r V'. at prices based on C ity of Lake -orth.contract,and NOW THEREFORE,in consideration of the mutual coveriants contained herein,and for other vaivall[e ocnsideratkm receiAed, the receipt and sufficiency cf which are hereby acknowledged,the panics agree as follows: AGREEMENT e T<le fbregomg recitals are true and correct and are hereby incorporated in this Aareerricrit. 'szc-i4°n 2. The City and SHRIEVE agree that SHRIEVE shall provide sulfuric acid for ar,estrnated annuzi expenditure of$100,000,00 at.prices based on City of Lake Worth contract #Bid 17-109,a copy of which is attached hereto as Exhibit"A".except as hereinafter provided: A. 0 retle-.-cnct5 to th.-2 C;*N of Lake Worth deerned as references to the City of Bioyvton Beach, & AT!Nodlcmto the Ci vshall be sent to: City: Leri LaVer,'iere.City Manauc- City ofBoynton Besch P.O.Box 310 Bon,riton Beach,Florida 33425 Teierhone:(561)742-6010 1 Facsimile: (.561)742-6090 Copy: James A,Cherof.City Attorney Goren,Cherof,Doody&Ezrol,PA Page 1 '5.!.[AtAGMTS`3'i¢Syback RAC Wanh &jriew)SWune Acd(2018)dWX Page 182 of 817 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 bcN-cott 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 pix.-%ided in state law,the City will not contract for the provision of goods or services%Vi'.h any scrutinized company referred to above.Submitting a false certification sitar]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 shabi have five(5''1 days frem receipt fif netice tc.refute the false certification allegation. If such false certi'ncal,on d'-s-ccvered during the active contract term, Contractor shall have ninety (90) does fol'Lowing r,-ceint c f the netice to respond in writing and demonstrate that the determinatien ntractor does not derr onsu'ata Li-ial the Cit 's ,-��cerLiflcati;�n�%az ma"' inerror. IfC,-i ja-e7i-n:natonc.ftarso c,-niflcetion AES made in error then the Citi' hal--the the contract a:},-' seek ci%-;! rernedies pursuant to Sectic-n F: rida SIz!t,,:Les.34 anizrid.,J frir ti v to tinne, sea";--n an tate event that the Cit% Stihl;r` rctiA tree Cil.%-tiith7rl ten fiCti days. lnthe event tare Citti is exn. jrsfl.,-%this Contact slml'I remail:in 16]force and eftc!c% and net L-e dzeni2d am tided tir!erm.ina,,et-�.unt".1 specifically amend..-d or termnaw '--% the par '-Zs reto. sacEon 4SHRIEVE agrees t�iat M-the a,,,eM it enters in1:,,a Conlrac' t,-tie:Sam,[.�,r s,ore of ser. with jrl0!her local r,e%crament in Fior!ua w"..'zt,contalpa or iMuding chargesorcoits.which the Ci:,.determines-,�Kc mora fivcrsV.1 tan the te"T.S n this Contract„the parties shay.enter into an.kddepaum to pr-,-svidc t"Icso t;:nns!o the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Page 2 S\CAAG&r[TqvPimbaCk(Lake Worth-ghnen�Sulfuric Aced(20M)Amm Page 183 of 817 Section 6. In all other aspects, the terms and conditions of the City of Lake Worth Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN IT OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON EACH,FLORIDA ATTEST: —I — --------- Lori LaVeaicre,CiManagper ....................... APPRO A C 0 baa WK—.c—herW V,t�10 SHRIEVECHE ICA.LC MPANY WITNESSES. BY: ATTEST: .......... Page 3 S CA-AGM1STq;gyhCkfUkc Worth-Shneye�Su!-ftc=Acid(2018)dwx Page 184 of 817 EXHIBIT A AGREEMENT BETWEEN CITY OF LAKE WORTH AND SVE CHEMICAL COM]PANY Page 4 S,C,k,AGh,11"91PiS&ybwk(Lake Worth-Shrfevej Sulfuru;A-d X20191 dmx Page 185 of 817 l �k k �t RESOLUTION NO.RI 8- A I� A RESOLUTION OF THE CITY OF BOYNTON j BEACH,FLORIDA,APPROVING THE PIGGY-BACK OF A CITY OF LAKE WORTH BID#17-109 AND ANY AMENDMENTS THERETO WITH SHRIEVE $ CHEMICAL COMPANY FOR THE PROVISION OF 93% SULFURIC ACID FOR AN ESTIMATED 4 ANNUAL EXPENDITURE OF $100,000.00; j AUTHORIZING THE CITY MANAGER TO SIGN A 1 CONTRACT WITH SHRIEVE CHEMICAL COMPANY; AND PROVIDING AN EFFECTIVE 1 4 DATE. i WHEREAS, City staff has confirmed that the City of Lake Worth has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 1 requirements;and 1 WHEREAS,upon recommendation of staff, it is the City's desire to piggy-back a City of Lake Worth Bid 417-109 and any amendments thereto with Shrieve Chemical Company for the provision of 93% sulfuric acid in an estimated annual expenditure of i $100,000.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon 2" adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby i approves the piggy-back of a City of Lake Worth Bid#17-109 and any amendments thereto 36 with Shrieve Chemical Company for the provision of 93%Sulfuric Acid in an estimated i annual expenditure of$100,000.00. ; ?i s S:ACAARESOAAgreementstPiggry-Back(Lake Worth)-Shrieve-SulYuric Acid(2018)-Reso-docx I i k... Page 186 of 817 1 i i $ Section 3. The City Manager is hereby authorized to sign a contract with Shrieve Chemical Company,a copy of which is attached hereto as Exhibit"A". �4 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of VL ;r - 2018. �F 3 CITY OF BOYNTON BEACH,FLORIDA YES NO 1 9 Mayor—Steven B.Grant I 4 Vice Mayor—Christina L. Romelus 1 4� Commissioner—Mack McCray / 44 / Commissioner—Justin Katz ✓ 4 41 Commissioner- 49 VOTE Q ATTEST: Qeenester� Nieves l Pudith A.Pyle,CMC 5 City Clerk �6 ffi (Corporate Seal) i 1 ly ;I ! k d l( 1 O > a a�am• w-, 4 S-VCA\RESOVAgreementsVPiggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2018)-Reso-docx l ti Page 187 of 817 CONTRACT FOR 93%SULFURIC ACID This Agreement is made as of this day of 2018 by and between SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 1755 Woodstead Court,Woodlands,TX 77380("SHRIEVE"),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,sulfuric acid is critical to the water treatment process as it lowers the pH of the feed water to prevent minerals from forming a hard scale on the membrane during the treatment process. A build-up of scale on the membranes will decrease the output West Water Treatment Plant production;and WHEREAS, SHRIEVE, has agreed to allow the City to piggy-back the City of Lake Worth Contract Bid 17-109 to provide sulfuric acid for an estimated annual expenditure of $100,000.00 at prices based on City of Lake Worth contract;and NOW THEREFORE,in consideration of the mutual covenants contained herein,and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SHRIEVE agree that SHRIEVE shall provide sulfuric acid for an estimated annual expenditure of$100,000.00 at prices based on City of Lake Worth contract #Bid 17-109,a copy of which is attached hereto as Exhibit"A",except as hereinafter provided: A. All references to the City of Lake Worth shall be deemed as references to the City of Boynton Beach. 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. Page I S\CA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).doex Page 188 of 817 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 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. Section 3. In the event that the City of Lake Worth Contract is amended,or tenninated, SHRIEVE shall notify the City within ten(10)days. In the event the City of Lake Worth Contract is amended or terminated prior to its expiration,this Contract 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. SHRIEVE agrees that in the event it enters into a Contract for the same(or substantially similar)scope of services with another local government in Florida which contains a term or condition,including fees,charges or costs,which the City determines to be more favorable than the terms in this Contract,the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Page 2 S VCAAAGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(20I8).doex Page 189 of 817 Section 6. In all other aspects, the terms and conditions of the City of Lake Worth Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA ATTEST: By: Lori LaVerriere,City Manager City Clerk APPROVED AS TO FORM: James A.Cherof,City Attorney SHRIEVE CHEMICAL COMPANY WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 S:ACAAAGMTSVPiggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).d0cx Page 190 of 817 EXHIBIT A AGREEMENT BETWEEN CITY OF LAKE WORTH AND SHRIEVE CHEMICAL COMPANY Page 4 S VCAAAGM'rS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 191 of 817 AGREEMENT (93% Sulfuric Acid — Purchase and Delivery) THIS AGREEMENT is made this �j day of 2017 between the City of Lake Worth, Florida, a municipal corporation, hereinafter the "CITY", with its office located at 7 North Dixie Highway, Lake Worth, Florida 33460, and, Shrieve Chemical Company, a corporation authorized to do business in the State of Florida, hereinafter the "CONTRACTOR", with its office located at 1755 Woodstead Ct., The Woodlands, TX 77380. RECITALS WHEREAS, the CITY is a municipal corporation organized and existing pursuant to the Charter and the Constitution of the State of Florida; WHEREAS, the CITY issued Invitation for Bid #17-109 (hereinafter "IFB") for the procurement of 93% sulfuric acid, on an as needed basis; WHEREAS, CONTRACTOR submitted a bid to provide sulfuric acid as described and set out in the IFB; WHEREAS, the CITY desires to accept CONTRACTOR's bid in order for CONTRACTOR to render the goods to the CITY as provided herein; WHEREAS, the CONTRACTOR further warrants that it is experienced and capable of performing the tasks hereunder in a professional and competent manner; WHEREAS, the CITY finds awarding IFB to the CONTRACTOR as described herein serves a valid public purpose. NOW THEREFORE, the CITY hereby engages the services of the CONTRACTOR, and in consideration of the mutual promises herein contained, the sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. TERM 1.1 The term of this Contractor Agreement (the "Agreement") shall be for twelve (12) months, with an option for two additional twelve (12) month renewals upon the mutual agreement of both parties. The renewal terms may be approved by the City Manager upon the same terms, conditions and pricing. The CITY may terminate this Agreement subject to the provisions set forth in the IFB and in this Agreement. 2. SCOPE OF WORK Page 1 of 13 Page 192 of 817 2.1 The scope of work is the providing of sulfuric acid as needed by the City's water treatment plant, as more specifically set forth in the IFB (the "Scope of Work"). Work shall commence upon the issuance of a P.O. by the City. 2.2 The CONTRACTOR represents to the CITY that the materials provided under this Agreement shall be in accordance with accepted and established trade practices and procedures recognized in the CONTRACTOR's trade in general and that the CONTRACTOR's work shall conform to the highest standards and in accordance with this Agreement. 2.3 The CONTRACTOR represents that it is licensed to do business in the State of Florida and holds and will maintain all applicable licenses required for the work to be completed under this Agreement. The CONTRACTOR further warrants its capability and experience to perform the work provided for herein in a professional and competent manner. 2.4 All deliveries of the chemicals shall be made within 48-72 hours of the CITY placing the order with CONTRACTOR. In the event of a natural disaster as determined by the CITY, such as a hurricane, and the CITY places an order, such delivery shall be made on a "first priority" basis. Deliveries shall only occur between the hours of 7:00 am to 3:00 pm Monday through Friday. 3. USE OF AGENTS OR ASSISTANTS 3.1 To the extent reasonably necessary to enable the CONTRACTOR to perform its work hereunder, the CONTRACTOR shall be authorized to engage the services of any agents or assistants which it may deem proper, and may further employ, engage, or retain the services of such other persons or corporations to aid or assist in the proper performance of its duties. All costs of the services of, or expenses incurred by, such agents or assistance shall be paid by the CONTRACTOR. 4. MATERIALS 4.1 The CONTRACTOR shall provide all chemicals as more specifically set forth in the IFB. 5. FEE AND ORDERING MECHANISM 5.1 For services to be rendered under this Agreement, the CONTRACTOR shall be entitled to a fee for actual goods provided and accepted by the CITY at the price set forth in CONTRACTOR'S response to the IFB. 5.2 Should the CITY require additional chemicals, not included in this Agreement, fees and payment for such work will be set forth in a separate Addendum, as authorized in Page 2 of 13 Page 193 of 817 accordance with the CITY's procurement code prior to any such additional goods being provided by the CONTRACTOR. 5.3 The City's ordering mechanism for all work performed under this Agreement shall be a City Purchase Order; however, the terms and conditions stated in a City Purchase Order shall not apply. CONTRACTOR shall not provide goods under this Agreement without a City Purchase Order specifically for this purpose. CONTRACTOR shall not exceed amounts expressed on the Purchase Order. Note that the City's Fiscal Year ends on September 30th of each calendar year. The City cannot authorize the purchase of goods beyond September 30th of each calendar year, prior to the annual budget being approved by the City Commission. Additionally, the City must have budgeted appropriate funds for the goods in any subsequent Fiscal Year. If the budget is approved for said goods, the City will issue a new Purchase Order each Fiscal Year, for required and approved goods. 6. MAXIMUM COSTS 6.1 The CONTRACTOR expressly acknowledges and agrees that the total cost to provide all goods is specified in CONTRACTOR's response to the IFB and no additional costs shall be authorized without prior written approval from CITY's governing body. 7. INVOICE 7.1 The CONTRACTOR shall submit an itemized invoice to the CITY for approval prior to receiving compensation. The CONTRACTOR shall be paid within thirty (30) days of receipt of an approved invoice for work. 8. AUDIT BY CITY 8.1 The CONTRACTOR shall permit the CITY, or any authorized representatives of the CITY, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the CONTRACTOR's performance under this Agreement including, but not limited to, expenses for sub-contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to per performed under this Agreement. 9. COPIES OF DATA/DOCUMENTS 9.1 Copies or original documents prepared by the CONTRACTOR in relation to work associated with this Agreement shall be provided to the CITY. Data collected, stored, and/or provided shall be in a form acceptable to the CITY and agreed upon by the CITY. 10. OWNERSHIP Page 3 of 13 Page 194 of 817 10.1 Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONTRACTOR pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. 11. WRITTEN AUTHORIZATION REQUIRED 11.1 The CONTRACTOR shall not make changes in the Scope of Work or perform any additional work or provide any additional material under this Agreement without first obtaining written authorization from the CITY for such additional work or materials. Additional labor or materials provided without written authorization shall be done at the CONTRACTOR's sole risk and without payment from the CITY. 12. DEFAULTS, TERMINATION OF AGREEMENT 12.1 If the CONTRACTOR fails to supply the requested amount of chemicals or has failed in any other respect to satisfactorily perform the work specified in this Agreement; or, is in material breach of a term or condition of this Agreement, the Water Utilities Director may give written notice to the CONTRACTOR specifying defaults to be remedied. Such notice shall set forth the basis for any dissatisfaction and suggest corrective measures. If the CONTRACTOR does not remedy defaults within the allotted time or commence good faith steps to remedy the default to the reasonable satisfaction of the Water Utilities Director, the CITY may take such action to remedy the default and all expenses related thereto shall be borne by the CONTRACTOR including, without limitation, utilization of another contractor to provide for such work; and/or, the CITY may withhold any money due or which may become due to the CONTRACTOR for such expense and/or work related to the claimed default. Alternatively, or in addition to the foregoing, if after three (3) days the CONTRACTOR has not remedied defaults or commenced good faith steps to remedy defaults to the satisfaction of the Water Utilities Director, the CITY may elect to terminate this Agreement. No compensation shall be paid for de-mobilization, take-down, disengagement, wind-down, lost profits or other costs incurred due to termination of this Agreement under this paragraph 12.1. 12.2 Notwithstanding paragraph 12.1, the CITY reserves the right and may elect to terminate this Agreement at any time, with or without cause. At such time, the CONTRACTOR would be compensated only for that work which has been satisfactorily completed to the date of termination. No compensation shall be paid for de-mobilization, take-down, disengagement, wind-down, lost profits or other costs incurred due to termination of this Agreement under this paragraph 12.2. 13. INSURANCE 13.1 Insurance shall be as set forth in the IFB. Page 4 of 13 Page 195 of 817 14. WAIVER OF BREACH 14.1 The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. 15. INDEMNITY 15.1 The CONTRACTOR shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the CITY and its officers, agents, employees and representatives, from and against any and all liability, suit, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney's fees, litigation, arbitration, mediation, appeal expenses) to the extent arising out of or alleged to have arisen out of the acts or neglect of its agents, employees, subcontractors or by anyone the CONTRACTOR directly or indirectly employed. 15.2 The CONTRACTOR's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon the CONTRACTOR whether such injury or damage shall accrue, or may be discovered, before or after termination of this Agreement. 15.3 The CONTRACTOR's failure to comply with this section's provisions shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. 16. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE 16.1 This Agreement consists of the terms and conditions provided herein; the IFB (including all specifications, exhibits and addenda attached thereto or referenced therein); and, the CONTRACTOR's responsive bid. To the extent that there exists a conflict between this Agreement and the remaining documents, the terms, conditions, covenants, and/or provisions of this Agreement shall prevail with the IFB (including all specifications, exhibits and addenda attached thereto) next taking precedence. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. 16.2 This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 17. ASSIGNMENT Page 5 of 13 Page 196 of 817 17.1 Nothing under this Agreement shall be construed to give any rights or benefits to any party other than the CITY and the CONTRACTOR. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of the CITY and the CONTRACTOR and not for the benefit or any other party. The CONTRACTOR shall not assign any right or interest in this Agreement, and shall not delegate any duty owned, without the CITY's prior written consent. Any attempted assignment or delegation shall be void and totally ineffective for all purposes, and shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. 17.2 In the event the CITY consents to an assignment or delegation, the assignee, delegate, or its legal representative shall agree in writing to personally assume, perform, and be bound by this Agreement's covenants, conditions, obligations and provisions. 18. SUCCESSORS AND ASSIGNS 18.1 Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. 19. WAIVER OF TRIAL BY JURY 19.1 TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 20. GOVERNING LAW AND REMEDIES 20.1 The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 20.2 No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 21. TIME IS OF THE ESSENCE 21.1 Time is of the essence in the delivery of the goods as specified herein. 22. NOTICES 22.1 All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date when personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, Page 6 of 13 Page 197 of 817 using certified mail, return receipt requested, in any U.S. postal mailbox or at any U.S. Post Office; or when sent via nationally recognized overnight courier to the address indicated below. Should the CITY or the CONTRACTOR have a change of address, the other party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests from the CONTRACTOR to the CITY shall be given to the CITY address as follows: Water Utility Director City of Lake Worth 301 College Street Lake Worth, Florida 33461 All notices, demands or requests from the CITY to the CONTRACTOR shall be given to the CONTRACTOR address as follows: Shrieve Chemical Company 1755 Woodstead Court The Woodlands, TX 77380 23. SEVERABILITY 23.1 Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. 24. DELAYS AND FORCES OF NATURE 24.1 The CONTRACTOR shall not be considered in default by reason of a delay in timely performance if such delay and failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Upon the CONTRACTOR's request, the CITY shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR'S delay and failure to timely perform was without it or its subcontractors' fault or negligence, as determined by the CITY in its sole discretion, the time of completion shall be extended for any reasonable time that the CITY, in its sole discretion, may decide; subject to the CITY'S rights to change, terminate, or stop any or all of the work at any time. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the CITY or its employees, or by any other contractor employed by the CITY, or by changes ordered by the CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONTRACTOR'S control, or by delay authorized by the CITY pending negotiation or by Page 7 of 13 Page 198 of 817 any cause which the CITY, in its sole discretion, shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY, in its sole discretion, may decide. No extension of time shall be made for any delay occurring more than five (5) days before a claim therefore is made in writing to the CITY. In the case of continuing cause of delay, only one (1) claim is necessary. The CONTRACTOR's sole remedy for a delay in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by CONTRACTOR due to a delay in completion of the work. 24.2 Neither party shall be considered in default in the performance of its obligations hereunder or any of them, if such obligations were prevented or delayed by any cause, existing or future beyond the reasonable control of such party which include but are not limited to acts of God, labor disputes or civil unrest. 25. COUNTERPARTS 25.1 This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same document. Each of the parties shall sign a sufficient number of counterparts, so that each party will receive a fully executed original of this Agreement. 26. LIMITATIONS OF LIABILITY 26.1 Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non- compensatory damages. 27. PUBLIC ENTITY CRIMES 27.1 CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub-contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 Page 8 of 13 Page 199 of 817 months following the date of being placed on the convicted vendor list. CONTRACTOR will advise the CITY immediately if it becomes aware of any violation of this statute. 28. PREPARATION 28.1 This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 29. PALMI BEACH COUNTY INSPECTOR GENERAL 29.1 In accordance with Palm Beach County ordinance number 2011-009, the CONTRACTOR acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONTRACTOR has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 30. ENFORCEMENT COSTS 30.1 All parties shall be responsible for their own attorneys' fees, court costs and expenses if any legal action or other proceeding is brought for any dispute, disagreement, or issue of construction or interpretation arising hereunder whether relating to the Contract's execution, validity, the obligations provided therein, or performance of this Contract, or because of an alleged breach, default or misrepresentation in connection with any provisions of this Contract. 31. PUBLIC RECORDS CONTRACTOR shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the CITY as provided under section 119.011(2), Florida Statutes, specifically agrees to: (a) Keep and maintain public records required by the CITY to perform the service. Upon request from the CITY's custodian of public records or designee, 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, 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 this Contract and following completion of this Contract if the Auditor does not transfer the records to the CITY. Upon completion of this 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 Page 9 of 13 Page 200 of 817 public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records or designee, in a format that is compatible with the information technology systems of the CITY. 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 OR DESIGNEE AT 561-586-1660, dandreakLAKeWorth.org, OR BY MAIL AT CITY OF LAKE WORTH, ATTN. DEBBIE ANDREA, 7 NORTH DIXIE HIGHWAY, LAKE WORTH, FL 33460. 32. COPYRIGHTS AND/OR PATENT RIGHTS 32.1 CONTRACTOR warrants that there has been no violation of copyrights and/or patent rights in the manufacturing, producing of selling the goods, shipped or ordered, as a result of this proposal and the CONTRACTOR agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 33. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH 33.1 CONTRACTOR certifies that all material, equipment, etc., contained in this bid meets all OSHA requirements. CONTRACTOR further certifies that, if the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the CONTRACTOR. 34. FEDERAL AND STATE TAX 34.1 The City of Lake Worth is exempt from Federal Tax and State Tax for Tangible Personal Property. The Procurement Official will sign an exemption certificate submitted by the successful Proposer. Vendors or contractors doing business with the City of Lake Worth shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's tax Exemption Number in securing such materials. 35. PROTECTION OF PROPERTY 35.1 The CONTRACTOR shall at all times guard against damage or loss to the property of the CITY or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The CITY may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or Page 10 of 13 Page 201 of 817 damage to property through negligence of the successful CONTRACTOR or its agents. The CONTRACTOR shall be responsible to safeguard all of their property such as tools and equipment while on site. The CITY will not be held responsible for any loss of CONTRACTOR property due to theft or vandalism. 36. DAMAGE TO PERSONS OR PROPERTY 36.1 The responsibility for all damage to person or property arising out of or on account of work done under this Contract shall rest upon the CONTRACTOR, and he/she shall save the CITY harmless from all claims made on account of such damages. 37. SAFETY: ACCIDENT PREVENTION 37.1 In the performance of this contract the CONTRACTOR shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The CONTRACTOR shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the CITY, may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 37.2 It is a condition of this contract, and shall be made a condition of each subcontract, which the CONTRACTOR enters into pursuant to this contract, that the CONTRACTOR and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 37.3 Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 38. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all federally funded contracts and any subcontracts of $100,000 or more.) 38.1 By execution of this contract, CONTRACTOR, if applicable, will be deemed to have stipulated as follows: (a) Any CITY facility or property that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended Page 11 of 13 Page 202 of 817 by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. (b) CONTRACTOR agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a CITY facility or property that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 12 of 13 Page 203 of 817 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the day and year first above written. CITY OF LAKE WORTH, FLORIDA r By: (A A P Tri I Mayor ATTEST: &Y Debbie Andrea, C 1 41.N1 ST Approved as to forma lency: (2 �� r6'� &-Ir- Glen J. Torcivia, City Attorney CONTRACTOR: SHRIEVE CHEMICAL COMPANY By: �--- [Corporate Seal] Print Name: Charles J Jackson Title: Executive Vice President STATE OF COUNTY OFE _, ) The foregoing instrument was acknowledged before me this �0`w' day of o CA ber 20 t1 by aa,/p-f T as E x:ec v P (title), of Shrieve Chemical Company, a corporation authorized to do business in the State of Florida, and who is personally known to me or who has produced the following as identification. p'y ANPJE UE: `,1C ?FlSON Print Name: 1P Gg - �2°:' ;�'sNotary Put-.6c, Stite of Texas My commission expires: `7 — 1-7—a, 1 may' ;'tg.�F Comm. E<?ires 07-17-2021 Niniar;- ID "028979 Page 13 of 13 Page 204 of 817 The City of goynton -Beach Finance/Proc rerr ent Services P.O. Box 310 Boynton each, Florida 33425-0310 Telephone No: (561)742-6310 FAQ: (561) 742-6316 October 4, 2619 Chris Burns, Marketing Manager hrieve Chemical Company VIA EMAIL TRANSMITTAL TO, cif"i ..r BIU Piggyback of City of Lake Worth Beach for 93% Sulfuric Acid BICC No.: lPB NO, 17-169 CURRENTTERM: OCTOBER 17, 2016 thru OCTOBER 1 , 2019, Dear Mr Burns: The current bid term for the"93% Sulfuric Acid" awarded to Shrieve Chemical Company. expires October 16, 2619. We have been very happy with Shrieve's product and service We have been notified that you have renewed the original agreement with the City of Lake Worth Beach 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 marmere@bbfl.us at your soonest convenience If you should have any questions, please do not hesitate to call Eric Charmer Buyer at(561) 742-6318. Sincerely, 0- A4Lk Tern W. Howard' Assistant City Manager-Administration cc: Juan Ouevarez, Manager, Water Quality&Treatment, Boynton Beach Utilities Melissa Roberts, Administrative Assistant, Boynton Beach Utilities Pile America's Gateway to the Gulf Stream Page 205 of 817 The City of `r lraeance/Procurernent Services P.0. Bax 311 r'fR"0 S;y Boynton Beach, Florida 33425-0310 fi. elephone No: (561)742.6310 ,SAX. (561) 742-6316 October 4, 2019 ICS: Piggyback of City of Lake Worth Beach for 93% Sulfuric Acid BID No,: IFB, NO. 17-109 Agreement between the City of Boynton Beach and Shrieve Chemical Company,: PROPOSAL RENEWAL T 7, 2019 t ru OCTOBER 16, 2020, Yes I agree to renew the existing bid under the same terms, conditions, and pricingfor n ra additional one-year ter , No, I do not wish to renew the bid for the following reason(s) h ierre Chemical Company � NAME E OF COMPANY S OMPA / I N'TURE �f t t NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA COLE) TELEPHONE NUMBER _ s E—MAIL America's Gateway to the Gulf Stream Page 206 of 817 FIRST AMENDMENT TO AGREEMENT 93% SULFURIC ACID— PURCHASE AND DELIVEKU THIS FIRST AMENDMENT ("Amendmeno to the 93% Sulfuric Acid — Purchase and Delivery is made as of the ' day of .--47) �- ,2018,by and between the City of Lake Worth,Palm Beach County,Florida,a municipal corporation of the State of Florida("CITY")and Shrieve Chemical Company, a Texas corporation authorized to do business in Florida, ("CONTRACTOR"). WHEREAS, the parties entered into the 93% Sulfuric Acid — Purchase and Delivery Agreement on October 17, 2017 (the"Agreement"); and WHEREAS,the Agreement has an initial one(1)year term and the option to renew for up to two(2)additional twelve (12)month renewals; and WHEREAS, the CITY and the CONTRACTOR wish to amend the Agreement to renew the Agreement for one additional year with a price increase as indicated on Exhibit A,but all other terms and conditions remain the same. NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged by each party hereto, the CITY and the CONTRACTOR agree to amend the Agreement, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Term of Agreement. The parties agree that the term of the Agreement is hereby amended to October 16, 2019. 3. Entire Agreement.The CITY and the CONTRACTOR agree that the Agreement and this Amendment set forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Amendment may be added to, modified, superseded or otherwise altered,except by written instrument executed by the parties hereto.All other terms and conditions of the Agreement remain in full force and effect. 4. Counterparts. This Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.Either or both parties may sign this Amendment via facsimile or email and such signature is as valid as the original signature of such party. 1 Page 207 of 817 IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the 93% Sulfuric Acid-Purchase and Delivery Agreement on the day and year first above written. CITY OF LAKE WORTH,F O A L r �f � 4 u Y St Fr°yl�aS } rit3b Mf y ATTEST: 4 1 b f , z y U eborah M. Andrea,City Clem 4`.''' Approved as to form and legal sufficiency: Glen J. Torcivia, City Attorney Hl,vl►� SHRIEVE CHEMICAL COMPANY By: Y [Corporate Seal] Print Name: Title: r STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged forethis day of e 1 ' 2018,by ti's r'. ., (title) of I k n't k-. 1- r/X I' o - a corporation authorized to do business in the State of Florida, and who is personally known to me or who has produced the following as identification. Notary Public ANNETTE SUE MORRISON t 7-;Notary Public,State of Texas o r(� " �- Comm. Expires 07-17-2021 Print Name: ® aNotary ID 7.82.8979 My commission expires: f 2 Page 208 of 817 EXHIBIT A PRICING S rieve Chemical Company 1755 Woodstead Court The Woodlands,Texas 77380 800-367-4226 Fax: 281-367-0071 Wednesday, August 22,2018 To: Tim Sloan-City of Lake Worth Water Plant Manager From: Chris Burns-Marketing Manager Re: Sulfuric Acid Supply Agreement Tim- After review of our economics and the current environment(product cost, freight,fuel,etc)we will have to stay with our proposed price of$1.13/gallon for the next contract year. Price for partial loads will be$1.44/gallon. Thank you for the opportunity,and please let me know if you have further questions. Regards, (,liZ& V~ Chris Burns Marketing Manager 3 Page 209 of 817 6.K. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-051 -Approve Piggy Back of the Palm Beach County, FL Sole Source Solicitation SS150946/CC with Hach Company for Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a piggy-back contract with Hach. The maximum anticipated annual expenditure under this contract is expected to be $100,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of Products and Preventive Maintenance Services on Hach Products. Explanation of Request: The City of Boynton Beach Water Treatment Plants practice chloramination as part of the water treatment disinfection process. The request here is to enter into an agreement that will allow the Boynton Beach Utilities to purchase equipment that will aid with monitoring disinfectant levels on a continuous basis. This contract will also allow providing preventive maintenance services to other Hach equipment that the utility already owns. Boynton Beach Utilities will piggyback an existing Palm Beach County contract with Hach Company for Products and Preventive Maintenance Services on Hach Products. How will this affect city programs or services? Water treatment is an essential service that the City of Boynton Beach provides and this contract will assist with the procurement of equipment and services to monitor compliance parameters 24 a day, 365 days a year. Fiscal Impact: Budgeted Budgeted funding is available in Utilities account 401-2811-536.52-75 Alternatives: Alternative is to continue to monitor every few hours instead of a continuous basis. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Page 210 of 817 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Piggy-back Contract with Hach Company D Contract Piggy-back PBC Contract with Hach D Agreement PBC - Hach Agreement Page 211 of 817 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE PIGGY-BACK OF THE PALM BEACH COUNTY 5 SOLE SOURCE SOLICITATION SS150946/CC WITH HACH 6 COMPANY FOR INSTRUMENTATION PRODUCTS, OEM PARTS, 7 PREVENTIVE MAINTENANCE AND REPAIRS WITH THE SAME 8 TERMS, CONDITIONS, SPECIFICATIONS AND PRICING; 9 AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY-BACK 10 CONTRACT WITH HACH COMPANY WITH THE MAXIMUM I i ANTICIPATED ANNUAL EXPENDITURE UNDER THIS 12 CONTRACT EXPECTED TO BE $100,000.00; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the City of Boynton Beach Water Treatment Plants practice 17 chloramination as part of the water treatment disinfection process; and 18 WHEREAS, this Contract that will allow the Boynton Beach Utilities Department to 19 purchase equipment that will aid with monitoring disinfectant levels on a continuous basis; and 20 WHEREAS, this will also allow providing preventive maintenance services to 21 other Hach equipment that the utility already owns; and 22 WHEREAS, Boynton Beach Utilities will piggyback an existing Palm Beach County 23 contract with Hach Company for Products and Preventive Maintenance Services on Hach 24 Products; and 25 WHEREAS, the City Commission of the City of Boynton Beach, upon the 26 recommendation of staff, deems it in the best interest of the citizens and residents of the City 27 of Boynton Beach to approve the piggy-back of the Palm Beach County, FL Sole Source 28 Solicitation SS150946/CC with Hach Company for Instrumentation Products, OEM Parts, 29 Preventive Maintenance and Repairs with the same terms, conditions, specifications and 30 pricing and authorize the City Manager to sign a piggy-back contract with Hach Company with S:ACA\RESO\Agreements\Piggy-back-PBC with Hach Company(monitoring disinfectant levels) -Reso.docx Page 212 of 817 31 the maximum anticipated annual expenditure under this contract expected to be $100,000.00. 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 35 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 36 Section 2. The City Commission of the City of Boynton Beach hereby approves 37 the piggy-back of the Palm Beach County, FL Sole Source Solicitation SS150946/CC with 38 Hach Company for Instrumentation Products, OEM Parts, Preventive Maintenance and 39 Repairs with the same terms, conditions, specifications and pricing and authorizes the City 40 Manager to sign a piggy-back contract with Hach with the maximum anticipated annual 41 expenditure under this contract expected to be$100,000.00. A copy of the piggy-back Contract 42 is attached hereto as Exhibit"A". 43 Section 3. That this Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this day of June, 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 (Corporate Seal) S:ACA\RESO\Agreements\Piggy-back-PBC with Hach Company(monitoring disinfectant levels) -Reso.docx Page 213 of 817 INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTIVE MAINTENANCE AND REPAIRS CONTRACT This Agreement is made as of this day of , 2020 by and between HACH COMPANY, a Foreign profit corporation registered to do business in the State of Florida with a principal place of business at 5600 Lindberg Drive, Loveland, CO 80538 ("HACH" or "Vendor"), 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, water treatment is an essential service that the City of Boynton Beach provides and this will assist with the procurement of equipment and services to monitor compliance parameters 24 a day, 365 days a year; and WHEREAS, The City of Boynton Beach Water Treatment Plants practice chloramination as part of the water treatment disinfection process; and WHEREAS, The request here is to enter into an agreement that will allow the Boynton Beach Utilities to purchase equipment that will aid with monitoring disinfectant levels on a continuous basis; and WHEREAS, HACH, has agreed to allow the City to piggy-back the Palm Beach County, FL Sole Source Solicitation SS 150946/CC with Hach Company for Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications and pricing the maximum anticipated annual expenditure under this contract is expected to be $100,000.00. 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 HACH agree that HACH shall provide Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications and pricing based on Palm Beach County,FL contract,a copy of which is attached hereto as Exhibit "A", with the maximum anticipated annual expenditure under this contract expected to be $100,000.00, except as hereinafter provided: Page 1 S:ACA\AGMTS\Piggyback(Palm Beach County)Hach Co Contract.Docx Page 214 of 817 A. All references to Palm Beach County, FL, shall be deemed as references to the City of Boynton Beach. 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,Vendor certifies that Vendor is not participating in a boycott of Israel.Vendor further certifies that Vendor 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 Vendor 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 Vendor of the City's determination concerning the false certification. Vendor 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,Vendor 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 Vendor 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(Palm Beach County)Hach Co Contract.Docx Page 215 of 817 The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor 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, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor 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 VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'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 Palm Beach County,FL Contract is amended, or terminated, HACH shall notify the City within ten (10) days. In the event the Palm Beach County, FL 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. HACH 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 Page 3 S:ACA\AGMTS\Piggyback(Palm Beach County)Hach Co Contract.Docx Page 216 of 817 than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Palm Beach County, FL 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 HACH COMPANY. WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 4 S:ACA\AGMTS\Piggyback(Palm Beach County)Hach Co Contract.Docx Page 217 of 817 EXHIBIT A CONTRACT BETWEEN PALM BEACH COUNTY, FL AND HACH COMPANY Page 5 S:ACA\AGMTS\Piggyback(Palm Beach County)Hach Co Contract.Docx Page 218 Of 817 Page 1 Board of County Commissioners �p�CI�C County Administrator r Mack Bernard, Mayo ' p� Verdenia C. Baker Dave Kerner, Vice Mayor Hal R. Valeche , Gregg K. Weiss Robert S. Weinroth Mary Lou Berger �iOR1�4, Purchasing Department Melissa McKinlay www.pbcgov.org/purchasing ®ARD OF COUNTY COMMISSIONERS SOLE SOURCE SOLICITATION SS150946/CC HACH COMPANY, INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTATIVE MAINTENANCE AND REPAIRS, TERM CONTRACT DUE DATE: JUNE 3, 2019 AT 4:00 P.M. It is the sole purpose and intent of this solicitation to secure a contract for item(s) and/or services as listed herein. The sole source vendor is hereby placed on notice that acceptance of its response by Palm Beach County shall constitute a binding contract. This Solicitation, the Palm Beach County Purchase Order/Term Contract Standard Terms and Conditions, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this solicitation and response thereto, and by reference are made a part thereof. The sole source vendor shall be bound by all terms, conditions and requirements in these documents. Vendor shall notify Palm Beach County Purchasing Department immediately if the sole source status changes. SUBMIT SOLICITATION TO: Palm Beach County Purchasing Department Attention Buyer: Colleen Cardillo 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415-3199 Fax #: (561) 242-6739 E-mail: ccardill@pbcgov.org Please contact Colleen Cardillo at (561) 616-6839 if you have any questions. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at ht s:// cvs p.co. al - each. l. s/ e a p/veep/ It elf ervice. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 Page 219 of 817 Page 2 PALM BEACH COUNTY PURCHASE ORDER/TERM CONTRACT STANDARD TERMS AND CONDITIONS The following Terms and Conditions are applicable to this purchase order/contract entered into by and between Palm Beach County (referred to as County)and HACH COMPANY(referred to as Vendor). VENDOR REGISTRATION In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at https://I)bcvssi).co.palm-beach.fl.us/webapp/vssp/AItSelfService. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of submissions. Palm Beach County shall not be responsible for the completeness of any solicitation that was not downloaded from our VSS system or obtained directly from the Purchasing Department. MODIFICATIONS No modifications of this order/contract, including but not limited to these terms and conditions, shall be binding upon County unless approved by an authorized representative of County's Purchasing Department. ASSIGMENTS Assignments are prohibited unless prior written consent is given by the County and the Vendor. EXCUSABLE DELAYS The County may grant additional time for any delay if the delay will not adversely impact the best interest of the County and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the order/contract. DEFAULT The County may, by written notice of default to the successful vendor, terminate the contract in whole or in part if the successful vendor fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of ten (10) days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this order/contract in whole or in part because of default of the successful vendor,the County may procure goods and/or services similar to those terminated,and the successful vendor shall be liable for any excess costs incurred due to this action. If it is determined that the successful vendor was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of,the successful vendor),the rights and obligations of the parties shall be those provided in the provision"Termination For Convenience". TERMINATION FOR CONVENIENCE The County may, whenever the interests of the County so require,terminate the order/contract, in whole or in part, for the convenience of the County upon five (5) days written notice to Vendor. Unless directed otherwise in the notice of termination, the Vendor shall incur no further obligations in connection with the order/contract. REMEDIES Except where expressly stated to the contrary, no remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now, or hereafter existing at law, or in equality, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. NO THIRD PARTY BENEFICIARY No provision of the Contract 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 the Contract, including but not limited to any citizen or employees of the County and/or successful vendor. FOB The F.O.B. point shall be destination. If the County agrees, freight charges may be prepaid by the Vendor and listed on the invoice; however, Vendor retains title and assumes all responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. PAYMENTTERMS The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70. In order for Palm Beach County to make payment,the Vendor's Legal Name;Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's offer; must be exactly the same as it appears on the invoice and in Palm Beach County's VSS system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. Page 220 of 817 Page 3 Note: Palm Beach County Vendors can now be paid by Credit Card via the County's voluntary Payment Manager Program. For vendors who don't have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk&Comptroller's office. For information, contact the Palm Beach County Clerk&Comptroller at pbcpavmentmgr(a).mypalmbeachclerk.com. INVOICING Vendor shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the respective Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be accepted. PALM BEACH COUNTY FINANCE DEPT. P.O.BOX 4036 WEST PALM BEACH, FL 33402-4036 TAXES The County is exempt from Federal and State taxes. PURCHASE ORDER The County will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips and all correspondence concerning the order. ORDER/CONTRACT Vendor agrees that by submitting an offer (i.e. Request for Quotation) which is accepted by the County (i.e. Purchase Order, Term Contract Notice)a binding contract is formed in accordance with the County's terms, conditions between Palm Beach County and Hach Company and specifications as set forth in the solicitation and this purchase order.Vendor certifies that the offer has been made by an officer or employee having the authority to bind the Vendor. Accordingly, payment will only be made to the company and the address as provided in the Vendor's offer unless prior written authorization is received from the County. PRICING (1) Unless specifically requested in the specifications, any response containing modifying or escalation clauses shall be rejected. (2) The price offered must be in accordance with the unit of measure provided on the response page(s). One(1) space or line requires only one(1)single,fixed unit price. Anything other than a single,fixed unit price shall result in the rejection of your response. (3) Vendor warrants by virtue of submitting an offer that prices shall remain firm for a period of ninety(90)days from the date of opening to allow for evaluation and award. (4) Prices shall remain firm for the initial and any subsequent term unless modified by a special condition. (5) All unit prices offered should be within two(2)decimal points. If vendor's pricing offered exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. DELIVERIES Deliveries are to be made Monday through Friday, excluding holidays, unless otherwise stipulated. INSPECTION/ACCEPTANCE All goods and/or services provided on this Purchase Order are subject to inspection and acceptance upon receipt or completion by an authorized representative of the County. Payment shall not be authorized until the goods and/or services have been received, accepted and properly invoiced. QUANTITIES Quantities specified in the order/contract cannot be changed without County approval. Goods shipped in excess of quantity designated may be returned at Vendor's expense. WARRANTY Vendorwarrants to the County that the goods furnished under this Agreement will conform to the express written warranty pertaining to the specific goods purchased.Warranties are not extended to consumable items such as,without limitation, reagents, batteries, mercury coils, light bulbs. Except as expressly specified by County and expressly agreed to in writing by Vendor,all material shall be produced inaccordance with Venda'sstandard practices. All material, including that produced to meet an exact specification, shall be subject to tolerances and variations consistent with usages of the trade and regular practices concerning: dimension, weight, packaging, composition and mechanical properties, normal variations in surface,internal conditions and quality,deviations from tolerances and variations consistent with practical, testing and inspection methods and practices concerning over and under-count of goods. If Vendor breachesany warranty provided to the County,and ifthe County notifies Vendor of such breach within 30 days following the end of the warranty period applicable thereto, Vendor, shall, at its option, either replace or repair the nonconforming goods or refund all amounts paid by the County to Vendor for such goods. THIS IS THE EXCLUSIVE REMEDY FOR ANY BREACH OFWARRANTY.The sole purpose of this remedy Is to provide the Countywith the repair or replacement or goods or, at Vendor's option, to refund the price paid by the County hereunder.This remedy shall not be deemed to have failed of its essential purpose so long as Vendor is willing to take one of those actions. Page 221 of 817 Page 4 EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING SENTENCES, VENDOR MAKES NO WARRANTY OF ANY KIND WHATSCI=VER WITH RESPECT TO ANY GOODS FURNISHED HEREUNDER. VENDOR EXPRESSLY DISCLAIMS ANY WARRANTIES IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DAMAGES IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAIOR CONSEQUE91AL DAMAGES OFANYKINQ WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF THIS AGREEMENT,FOR NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR OTHERWISE. The total liability of VENDOR and Its subsidiaries, affiliates, employees, directors, officers and agents arising out of the performance or nonperformance hereunderorits obligations in connection with the design,manufacture,sale,delivery,and/or use of Products/Services shall in no circumstance exceed in the aggregate$1,000,000.00. DISCRIMINATION PROHIBITED Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the successful vendor warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract. LEGAL REQUIREMENTS The Vendor must strictly comply with all Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the goods and/or services provided herein. The UCC shall prevail as the basis for contractual obligations between the Vendor and the County for any terms and conditions not addressed. The County shall not be liable to the Vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this order/contract,or from any other matter generated by or relating to this order/contract. CRIMINAL HISTORY RECORDS CHECK ORDINANCE Pursuant to Palm Beach County Code Section 2-371 through 2-377,the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"),the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair,deliver, or provide goods or services for,to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. The vendor is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the vendor acknowledges that its pricing offered includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County. PUBLIC ENTITY CRIMES In accordance with the Florida Public Entity Crime Statute 287.132.133, persons and affiliates who are entering into a contract or performing any work in furtherance with Palm Beach County certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six(36) months immediately preceding the date hereof. This notice is required by Florida Statute 287.133 (3) (a). SCRUTINIZED COMPANIES a. SCRUTINIZED COMPANIES: As provided in F.S.287.135, by entering into an order/contract or performing any work in furtherance of this order/contract,the Vendor certifies that it,its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. If the County determines, using credible information available to the public,that a false certification has been submitted by Vendor, the resulting order/contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the order/contract shall be imposed, pursuant to F.S.287.135. b. SCRUTINIZED COMPANIES (WHEN ORDER/CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into an order/contract or performing any work in furtherance of this order/contract, the Vendor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S.215.473, or is engaged in business operations in Cuba or Syria. If the County determines,using credible information available to the public,that a false certification has been submitted by Vendor,the resulting order/contract may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of the order/contract shall be imposed, pursuant to F.S.287.135. Page 222 of 817 Page 5 INDEMNIFICATION To the extent authorized by law,Vendor shall indemnify, save and hold harmless the County, its employees and agents against any and all claims,damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Vendor, or its employees, agents, subcontractors or assignees pursuant to the terms and conditions of this order/contract.Any and all indemnification obligations imposed upon the Vendor shall be reduced to the extent that any negligence, recklessness or lesser standard of conduct or omission,or any violations of law, by Palm Beach County or any third party contributes to any otherwise covered claims or damages. INSURANCE REQUIREMENTS If vendor is providing a service under this order/contract, then Vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this order/contract, insurance coverages and limits (including endorsements), as required by the County. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this order/contract. All coverages shall be provided on a primary basis with the County endorsed as an Additional Insured with a CG 2026 additional Insured- Designated Person or Organization Endorsement, or its equivalent,as follows: "Palm Beach County Board of County Commissioners,a Political Subdivision of the State of Florida, it's Officers, Employees and Agents. " Vendor shall provide the County with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the County (normally within 2 working days of request). Failure to maintain the required insurance shall be considered a default of contract. SAFETY DATA SHEETS(SDS) Any toxic substance provided to the County as a result of this solicitation or resultant order/contract shall be accompanied by its SDS. ENDORSEMENTS No endorsements by the County of the goods and/or services will be used by the Vendor in any way, manner or form. VENUE AND GOVERNING LAW Any and all legal actions arising from or necessary to enforce the award or the resultant order/contract will be held in Palm Beach County, Florida and shall be interpreted according to the laws of the State of Florida. PUBLIC RECORDS ACCESS AND AUDITS The vendor agrees that copies of any and all property,work product,documentation,reports,computer systems and software,schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the vendor's services or authorized by the COUNTY as a reimbursable expense, whether generated directly by the vendor, or by or in conjunction or consultation with any other party whether or not a party to the Contract,whether or not in privity of contract with the COUNTY or the vendor, and wherever located shall be the property of the COUNTY. Any material submitted relating to this order/contract is considered a public document in accordance with Section 119.07, Florida Statutes. This includes material which the responding vendor might consider to be confidential. All submitted information that the responding vendor believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The vendor shall maintain records related to all charges,expenses, and costs incurred in estimating and performing the work for at least three (3)years after completion or termination of this order/contract. The County shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours,at the Vendor's place of business. Notwithstanding anything contained herein,as provided under Section 119.0701, Florida Statutes,if the Vendor:(i)provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2), Florida Statutes, the Vendor shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Vendor is specifically required to: (1) beep and maintain public records required by the County to perform services as provided under this order/contract. (2) Upon request from the County's Custodian of Public Records ("County's Custodian") or County's representative/liaison, on behalf of the County's Custodian, provide the County 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 bylaw. The Vendor further agrees that all fees,charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests,as it may be amended or replaced from time to time. (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 for the duration of the order/contract term and following completion of the order/contract, if the Vendor does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County. (4) Upon completion of the order/contract, the Vendor shall transfer, at no cost to the County, all public records in possession of the Vendor unless notified by County's representative/liaison, on behalf of the County's Custodian, to keep and maintain public records required by the County to perform the service. If the Vendor transfers all public records to the County upon completion of the order/contract,the Vendor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Vendor keeps and Page 223 of 817 Page 6 maintains public records upon completion of the order/contract,the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to the County, upon request of the County's Custodian or the County's representative/liaison, on behalf of the County's Custodian, in a format that is compatible with the information technology systems of County, at no cost to County. Vendor acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein. Failure of the Vendor to comply with the requirements of this Section, Chapter 119, Florida Statutes, and other applicable requirements of state law, shall be a material breach of this order/contract. County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to,the right to terminate for cause. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY T PROVIDE PUBLIC RECORDS RELATING TO THIS ORDER/CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BYE-MAIL ATi RECORDS REQUEa!@E9992YzQEG O Y TELEPHONE AT 561-355-6680. SALES PROMOTIONS/PRICE REDUCTIONS/MOST FAVORED CUSTOMER Should sales promotions occur during the term of the order/contract that lower the price of the procured item,the successful vendor shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the order/contract period by reason of market change or otherwise, shall be passed on to the County. Additionally, anytime after award, the vendor may offer a reduced price which shall remain in effect for the duration of the order/contract. The successful vendor warrants that the price(s)shall not exceed the successful vendor's price(s)extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the successful vendor offers more favorable pricing to one of its customer(s), the successful vendor shall extend to the County the same pricing or the then current market price,whichever is lower. PERFORMANCE DURING EMERGENCY By submitting an offer, vendor agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or act of God, Palm Beach County shall be given"first priority"for all goods and services under this order/contract. Vendor agrees to provide all goods and services to Palm Beach County during and after a public emergency,disaster,hurricane,flood,or act of God,at the terms,conditions, and prices as provided in this solicitation on a"first priority"basis.Vendor shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority during and after an emergency shall constitute breach of contract and make the vendor subject to sanctions from doing further business with the County. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS Pursuant to Palm Beach County Code,Section 2-421-2-440,as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts,transactions,accounts,and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. BUSINESS INFORMATION If vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. ANNUAL APPROPRIATIONS The County's performance and obligation to pay under this order/contract is contingent upon an annual appropriation by the Board of County Commissioners for subsequent fiscal years. CONFLICT OF INTEREST Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required by this order/contract as provided for in Chapter 112, Part III, Florida Statutes and the Palm Beach County Code of Ethics. Vendor further represents that no person having any conflict of interest shall be employed for said performance or services. Vendors shall disclose the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, vendor shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent(10%)or more in the vendor's firm or any of its branches. Effective from 04/20/2019 Page 224 of 817 Page SPECIAL CONDITIONS t GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. _ CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings which have been designated as either"critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274' as amended. County staff representing the User County Department will contact the recommended ewardea(o) and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of uontnactons, including repair persons and delivery perenno, who are unescorted when entering critical facilities orcriminal justice information facilities. Individuals passing the background check will baissued abadge. Contractor shall make every effort tocollect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge. the Contractor must notify the County within two(2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1) does not comply with the requirements ofCounty Code Section 2'371 through 2-377aaamended;2)does not contact the County regarding aterminated contractor employee orsubcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. 3. CATALOGS, MANUFACTURER SUGGESTED RETAIL PRICES (MSRP), ETC. Upon request, the vendor shall supply at no charge current catalogs and/or IVISRP'sfor all awarded manufacturers. The vendor shall update and keep all catalogs and K88RP'scurrent throughout the term ofthe contract. When arevision tnthe manufacturer's catalog and/or MSRP occurs which includes the addition of new products within the scope of this solicitation, the discount and net price of the new products must be equal to or better than the discount and price of items originally included in this solicitation. Upon award, the vendor shall supply one copy of the appropriate catalog(s) and/or IVISRP to: Palm Beach County Finance Department Supervisor, Pre-Audit Division P.O. Box 4036 West Palm Beoch, Florida 33402-4036 (561) 355-3011 Nota: All Catalogs and/or K8GRP'n shall clearly identify the term contract number and the vendor's name' address and telephone number. Additionally, catalogs and/or IVISRP's created by the vendor, if not the manufacturer, will not satisfy this requirement. 4. INVOICES When invoicing the County for goods purchased under this solicitation,the vendor must provide complete, accurate invoices which must include for every item purchased e unique catalog number, o definitive doocripUon, the catalog/list prioe, and the invoiced price. If the applicable catalog does not provide unique numbers,the description of the item must be sufficiently accurate to specifically identify he goods provided to theCounty. Example: Invoice h U include: Item# Description Part# List Price Discount Discount Price � Qtv TotaCI —] 1 Sony speaker #123 $50.00 t 50% $25.00 3 $75.00 Page 225 Of 817 Page 5. HANDLING OF INVOICES Invoicing for each Plant or location shall follow completed pre-scheduled visits. The invoiced amount shall match the pricing chart submitted with the solicitation. Payment schedule for each Plant or location shall be paid quarterly or bi-annually as designated on the response page. The number of, and type of instrument(s) serviced per visit shall not be the determining factor of the invoice amount. Each Plant or location service contract invoice shall match the unit pricing as shown on the ^ response page. The quarterly rate and bi-annual rate reflects continued (on-going) service, parts, technical support. � ' 6' AUDIT / All items sold to Palm Beach County as a result of this solicitation award are subject to post sale audit adjustment. In the event an audit indicates the vendor has not honored quoted price lists and discounts, the vendor shall be liable for any and all overage charges, and may beconsidered indefault ufthe contract. .. TIME AND MATERIAL CONTRACT(MATERIAL PRICING) The price to be paid for materials nn|d to Palm Beach County as a result of this award shall be based on the specified � catalog or list price in effect when material is ordered, less all applicable discounts to the County, and that in no event shall / the price exceed the vendor's sales price to its most favored customer for the same item in like quantity, or the current market price' whichever is lower. Any Federal orState taxes paid bythe vendor tn its suppliers for materials sold to Palm Beach County as a result of this award are not reimbursable by Palm Beach County to the vendor. 8' METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order onen "as needed" basis. 9. F.O.B. POINT The F.{}.B. point shall bedestination. Exact delivery point will be indicated on the term contract delivery order(DO).Vendor retains title and assumes all transportation charges, responsibility, liability and risk in traneit, and shall be responsible for the filing of claims for loss or damages. 10. AS SPECIFIED A term contract delivery order(DO) will be issued to the vendor with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the vendor, items not delivered as specified. 11. ESTIMATED EXPENDITURES The anticipated term ofthe contract to be awarded as result nfthis solicitation iofor twelve (12) months. The anticipated value during the contract term is . Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual raquinamento, and to re-solicit for the contracted goods and services atany time after the anticipated value of the contract has been reached, notwithstanding that the anticipated term has not been completed. 12. RENEWAL OPTION The vendor shall beawarded ocontract for twelve (`12) months with the option horenew for four_(4) additional twelve/12} nnonthperiod(a). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered towith nodeviations. The unit prices shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. Arenewal shall be revoked if the vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 13. BRAN DIMAN UFACTURER REFERENCED Only the referenced manufacturer will beconsidered. Page 226Of817 Page 9 14. WARRANTY The vendor shall furnish factory/manufacturer warranty on all items furnished hereunder against defect in materials and/or workmanship. The factory/manufacturer warranty shall become effective on the date of delivery and acceptance by Palm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the vendor shall repair or replace same at no cost to Palm Beach County. 15. WORK SITE SAFETY/SECURITY The vendor shall at all times guard against damage or loss to the property of Palm Beach County, the vendor's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the vendor shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, vendor shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the vendor or its agents. 16. INSURANCE REQUIRED It shall be the responsibility of the vendor to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o JDi Data Corporation (JDi), 100 W. Cypress Creek Rd., Suite 1052, Fort. Lauderdale, FL 33309, using the Max Portal unless otherwise directed by the County. Subsequently, the vendor shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to JDi using the CTrax Portal, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Vendor shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability Insurance. Vendor shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event vendor neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing vendor to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the vendor indicating either the vendor does not own any vehicles, and if vehicles are acquired throughout the term of the contract, vendor agrees to purchase"Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Vendor shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the vendor in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render you non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability(and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. The Certificate Holder shall read: Palm Beach County Board of County Commissioners c/o JDi Data Corporation, 100 W. Cypress Creek Rd., Suite 1052, Ft. Lauderdale, FL 33309. It is the responsibility of the vendor to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. Page 227 of 817 Page 10 All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. | Vendor shall agree that all insurance coverage required herein shall be provided by Vendor to County on a primary basis. | Page 228 of 817 Page 11 SPECIFICATIONS SOLICITATION HACH COMPANY, INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTATIVE MAINTENANCE AND REPAIRS, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Sole Source Solicitation is to secure firm, fixed pricing and establish a term contract for Hach products, OEM pads' preventative maintenance and repairs for Palm Beach County. GENERAL The single fixed percentage discount offered ohe|| apply toall items within the price list. The contract ohe|| not o||nvv for the purchase of repair parts without repair oon/iu*. Repair parts and preventative maintenance parts are included with Hach's FSP & BSPPlus contracted price. The same percentage discount shall apply for both delivered items and items picked up by authorized County personnel at vendor's place ofbusiness. Vendor iscautioned bocalculate their discount percentage carefully. Hach instrumentation put under contract must be up to Hach specifications prior to contract activation. U instruments are found to be not up to factory specification and in proper working order, additional charges may apply for repair parts, labor and travel. During Visit 1 of the contract, any Hach instrumentation that is needing repair outside of standard factory preventative maintenance will be recorded. Additional labor and potential repair parts will be eoUmabad, quoted, and provided to each plant point of contact. CURRENT LOCATIONS Water Treatment Plant#2 Water Treatment Plant#3 Water Treatment Plant#8 2956 Pinehurst Drive 13026 Jog Road 1500 N Jog Road West Palm Beach, FL 33467 Delray Beach, FIL 33446 West Palm Beach, FL 33417 Contact: Patti Brock Contact: Dennis Ford Contact: Tim McAleer (561)493-6260 (561) 635-5080 (561)493-6180 Water Treatment Plant#9 Water Treatment Plant#11 Southern Region WWTP 22438 SW 7th Street 39700 Hooker Highway 12751 Hagen Ranch Road Boca Raton, FL 33433 Belle Glade, FL 33430 Boynton Beach, FL 33437 Contact: Tom Dineen Contact: Mike Turberville Contact: Rex McClung (561) 381-5351 (561)493-6175 (561) 381-5302 Belle Glade Wastewater Plant West County Energy Center(FPL) WUD Laboratory 2055 W Canal Street S 20505 SR 80 13026 Jog Road, Building K Belle Glade, FL 33430 Loxahatchee, FL 33470 Delray Beach, FL 33446 Contact: Anthony T. Deutsch Contact: Conrad Thirbenny Contact: Stephanie Weder (561) 603-5037 (561) 904-4900 (561)638-5040 VENDOR'S RESPONSIBILITIES Vendor shall: ' be responsible for all travel and associated expenses to and from their facility. - provide service for equipment on-site during normal business hours. Monday through Friday. 8:00a.rn. to 5:00 p.m.. excluding holidays Page 229 Of 817 Page 12 - provide service in accordance with Manufacturer's requirements/specifications and all applicable city, state, federal and safety regulations. obtain written approval outside of standard scheduled visits prior to commencement of work. - coordinate scheduling of work with the designated County representative. provide all labor, tools, parts, materials and accessories necessary to complete repairs. - be required to supply OEM replacement parts or the manufacturers approved equal. - tag each instrument calibrated. Tag shall indicate date of calibration and name of technician performing service. furnish the designated County representative with a complete report of all discrepancies found and repairs made at each visit. This report is due to the designated County representative no later than five (5) business days after completion of service. ensure that equipment is maintained in a working condition and within the accuracy limits specified by the manufacturer. furnish a detailed procedure document for on-site support, and handling of instruments requiring repairs. Document shall include a contact name, phone number, and email address. COUNTY'S RESPONSIBILITIES Palm Beach County shall: - provide access to work area and equipment. - order products, OEM parts and repairs on an as needed basis. - first contact Hach's technical support to report emergency repair requests; tech helpQhach.com; or 1-800-227-4224 - provide on-site accommodations for Regional Sales Manager scheduled training sessions. County shall provide access to instruments for training demonstration. To schedule your PM services, please email our Dispatch team at: disatch(7a hach.com. You will be contacted within 24 hours, during normal business hours. DEFINITION OF SERVICES List of services included for each category. Preventative Maintenance Field Service Partnership Bench Service Plus Partnership Partnership PMP FSP BSPPIus Calibration /Validation X X X Calibration Standards X X X Certificate of Performance X X X Cleaning of the Instrument X X X Factory Recommended X X X Preventative Maintenance Free Loaners During Repair N/A N/A X (subject to availability) Loop Validation X X X Preventative Maintenance X X X Parts Page 230 of 817 Page 13 Ground Shipping from N/A N/A X Factory Repair Labor N/A X X (Factory) Repair Labor On-Site N/A X X(Factory) Preventative Maintenance Field Service Partnership Bench Service Plus Partnership Partnership(PMP) (FSP) (BSPPIus) Repair Parts N/A X X(Factory) Repair Parts Ground N/A N/A X (Factory) Shipping Start-up Onsite N/A X X ° PMP— Preventative Maintenance Partnership w FSP—Fie|d Service Partnership w 8SPP|ua— Bench Service Partnership PAYMENT Repairs performed outside of PMP, FSP, or BSPPIus shall be billed at the hourly rate on the response page for actual time vvorxao. Travel time shall be considered for hourly billed service or repairs performed outside of the partnership program(s) and only the lowest travel charge of Zone 1 shall be allowed, regardless of distance traveled. For repairs outside of the partnership program(s), the OEM repair parts shall be billed based on the specified catalog or list price in effect when material is ordered, less all applicable discounts to the County. Freight charges shall be paid in accordance with Haoh'o Standard Simplified Freight Charges effective 08/16/14 which ahoU be held firm for the initial 12 months of the contract. |tarna 3 and 4 under the Standard Simplified Freight Charges shall not apply tothe County. NEW INSTRUMENT PURCHASE WITH WARRANTY PLUS SERVICE Upon purchase of a new Hach brand instrument, and when applicable, the Warranty Plus service shall be offered on the quotation. The Warranty Plus charge shall be pro-rated based upon the number of visits that shall be completed by the end of the contract year and number of days remaining until current contract expires. The ouat of Warranty Plus service shall be based upon the price chart provided with the vendor's response and shall be o component of the contract. If an instrument is replaced with a "like" model inotrument, it shall be added to the contract byswapping the serial numbers of the current inatrument, at no additional cost to Palm Beach County. WARRANTY PLUS SERVICE Warranty Plus is a service plan that is applied at the time of purchase of a new instrument.Warranty Plus includes instrument start-up, all preventative maintenance parts, |ebnr, on-site o/ bench n*paira, on-site calibration(s) per year, factory recommended maintenance(including required parts), unlimited technical support calls, and free firmware updates. Hach's on-site response time for"down" instrument repairs is typically three (3) business days. Standard hours of operation aho|| apply, Monday through Friday, 8:00 a.m. to 5:00 p.m.' excluding holidays. Additional visits are dependent on Haoh'o availability. Page 231 of 817 Page 14 ADDITIONAL VISITS Vendor shall provide an option for additional pre-scheduled visits. Upon request, Palm Beach County may request additional visits for selected instruments. The additional on-site visit shall include a certificate of performance and preventative maintenance to ensure accuracy and the instrument is within specifications. This service does not include complete preventative maintenance. Parts shall be billed at the discounted rate to Palm Beach County. The Additional Visits shall be billed at the hourly rate (two (2) hour minimum) with Zone 1 travel. Repair parts for instruments covered under a FSP and BSPPlus program shall be included as normal,without additional costs to Palm Beach County. Additional visits shall only apply to instruments covered by the contract. Travel time shall be considered for additional visits and only the lowest travel charge of Zone 1 shall be allowed, regardless of distance traveled. Page 232 of 817 Page 15 SOLE SOURCE RESPONSE PAGE SOLICITATION #SS150946/CC HACH COMPANY, INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTATIVE MAINTENANCE AND REPAIRS, TERM CONTRACT ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL OFFER NO. PRICE 1. PREVENTATIVE MAINTENANCE WATER TREATMENT PLANT#2 4 QTR $10,648.25 $42,593.00 2. PREVENTATIVE MAINTENANCE WATER TREATMENT PLANT#3 4 QTR $2,471.50 $9,886.00 3. PREVENTATIVE MAINTENANCE WATER TREATMENT PLANT#8 4 QTR $13,397.75 $53,591.00 4. PREVENTATIVE MAINTENANCE WATER TREATMENT PLANT#9 4 QTR $8,781.00 $35,124.00 5. PREVENTATIVE MAINTENANCE WATER TREATMENT PLANT#11 4 QTR $4,738.50 $18,954.00 6. PREVENTATIVE MAINTENANCE SOUTHERN REGION WWTP 4 QTR $3,143.50 $12,574.00 7. PREVENTATIVE MAINTENANCE BELLE GLADE WASTEWATER PLANT 2 BI-ANNUAL $5,994.00 $11,988.00 8. PREVENTATIVE MAINTENANCE WEST COUNTY ENERGY CENTER (FPL) 2 BI-ANNUAL $3,017.00 $6,034.00 9. PREVENTATIVE MAINTENANCE WUD LABORATORY 1 ANNUAL $18,925.00 $18,925.00 ITEM UNIT NO. DESCRIPTION UNIT PRICE 10. Additional Visits, as specified herein HR $ 252 11. Zone 1 Travel Charge, as specified herein EA $ +02- ITEM UNIT NO. DESCRIPTION UNIT PRICE 12. Repairs, outside of Preventative Maintenance HR $ 252 13. Zone 1 Travel Charge, as specified herein EA $4-Ul Continued... FIRM NAME: Page 233 of 817 Page 16 SOLE SOURCE RESPONSE PAGE SOLICITATION #SS150946/CC HACH COMPANY, INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTATIVE MAINTENANCE AND REPAIRS, TERM CONTRACT ITEM SINGLE FIXED PERCENTAGE DISCOUNT NO. DESCRIPTION FROM CURRENT MSRP 14. OEM Parts % 15. New Process/Lab Instruments j 16. Products/Equipment % * PLEASE AFFIX SIGNATURE WHERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's solicitation, without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: p PRINT NAME_ * SIGNATURE: . PRINT TITLE: IV 112 ADDRESS: _ 56co CITY/STATE: yt- r, ZIP CODE: TELEPHONE# qO ) X6(1 ` 05(2 E-MAIL QrtrS ' EMERGENCY#(9179 ) fib) a3rV7 FAX#: ( r7O ) (as required herein) TOLL FREE # ( oo APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID# Page 234 of 817 6.L. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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 J une 2, 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 Fisher Scientific Research Laboratory State of Florida February 12, $45,000 Supplies 41120000-20-ACS 2020 to March 31, 2021 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Page 235 of 817 Grant Amount: ATTACHMENTS: Type Description FL Contract with Fisher Scientific 41120000-20- D Addendum ACS NASPO Contract and Attachments 2-12-20 thru 3-31-21 D Addendum REQUEST FOR BID EXTENSIONS Fisher Scientific Page 236 of 817 DocuSign Envelope ID: E395B701-BC2A-4A60-8523-FDD131ED8D7E Department of MANAGEMENT SERVICES I We serve those who serve Florida Alternate Contract Source (ACS) No. 41120000-20-ACS For Laboratory Equipment and Supplies This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Fisher Scientific Company L.L.C. (Contractor), collectively referred to herein as the "Parties The Department is authorized by section 287.042(16), Florida Statutes, "to evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined in writing to be cost- effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under such contract." The State of Idaho, acting by and through the National Association of State Procurement Officials (NASPO) ValuePoint, competitively procured laboratory equipment and supplies, and signed contract number MA16000234-1 with the Contractor, attached hereto as Exhibit B (Master Agreement). The Master Agreement, effective April 4, 2016, terminates on March 31, 2021. Renewal options are not available. The Department evaluated and selected the Master Agreement with Fisher Scientific Company L.L.C., as the designated vendor and hereby acknowledges that use of the Master Agreement as an alternate contract source is cost-effective and in the best interest of the State. Accordingly, the Parties agree as follows: 1. Term and Effective Date. The initial term of this Contract begins on February 12, 2020, or on the date the document is signed by all Parties, whichever is later. This Contract will terminate March 31, 2021, unless terminated earlier in accordance with the Special Contract Conditions. 2. Modifications or Additions to Master Agreement. All modifications to this Contract must be in writing and signed by all Parties. If amendments are made to the Master Agreement, the Contractor shall. 1) notify the Department of such amendments; and 2) provided the Department is amenable to incorporating the amendments into this Contract, enter into a written amendment with the Department reflecting the addition of such amendments to this Contract. Page 1 of 3 Page 237 of 817 DocuSign Envelope ID: E395B701-BC2A-4A60-8523-FDD131ED8D7E Alternate Contract Source (ACS) No. 411200000-20-ACS For Laboratory Equipment and Supplies All Exhibits attached or listed below are incorporated in their entirety into, and shall form part of this Contract. Exhibits A and B modify or supplement the terms and conditions of the Master Agreement. The Parties agree that these modifications or additions shall apply to actions between the Contractor and the State of Florida. In the event of a conflict, the following order of precedence shall apply: a) This Contract and amendments, with the latest issued having priority. b) Exhibit A: Additional Special Contract Conditions (Florida) c) Exhibit B: Special Contract Conditions (Florida) d) Exhibit D: Participating Addendum e) Exhibit E: State of Florida Price Sheet f) Exhibit C: Master Agreement Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Agreement, such citation or reference shall be replaced by the comparable Florida law or regulation. 3. Purchases off this Contract. Upon execution of this Contract, agencies, as defined in section 287.012, Florida Statutes, may purchase products and services under this Contract. 4. Primary Contacts Department's Contract Manager: Christia Nunnery Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360.9Y Tallahassee, Florida 32399-0950 Telephone: (850) 488-8367 Email: Chritia.Nunner dm ,m�a,com Contractor's Contract Manager: Mark Mullins Fisher Scientific Company L.L.C. 3970 Johns Creek Court, Suite 500 Suwanee, GA 30024 Telephone: (305) 528-0672 Email: Mark.MullinCthermofiher,com Page 2 of 3 Page 238 of 817 DocuSign Envelope ID: E395B701-BC2A-4A60-8523-FDD131ED8D7E Alternate Contract Source (ACS) No. 411200000-20-ACS For Laboratory Equipment and Supplies 6. Warranty of Authority Each person signing this document warrants that he or she is duly authorized to do so and to bind the respective party. 7. Entire Agreement of the Parties This document and the attached exhibits constitute this Contract and the entire understanding of the Parties. Any amendments hereto must be in writing and signed by the Parties. IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Contract is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA, FISHER SCIENTIFIC DEPARTMENT OF MANAGEMENT COMPANY L.L.0 SERVICES DocuSigned by: 991 A59A2111Q4A3._. Tami Fillyaw Chief of Staff February 28, 2020 3/2/2020 1 11:46 AM EST Date: Date: Page 3 of 3 Page 239 of 817 EXHIBIT A ADDITIONAL SPECIAL CONTRACT CONDITIONS The following terms supersede the Special Contract Conditions as indicated below. 2.2 Renewal. Provided the NASPO Master Agreement#MA16000234-1 is renewed or extended, upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents and in accordance with section 287.057(13), F.S. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department or contractor in whole or in part with ninety (90) days written notice. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 3.2.2 Preferred Pricing. The Contractor warrants that the prices do not exceed the prices charged by Contractor to other comparable customers in the same customer segment and region purchasing the same or substantially similar mix of goods in the same or greater quantities and in the same timeframe under the same or substantially similar circumstances and under the same or substantially similar terms and conditions. 3.3 Payment Invoicing. The Contractor will submit invoices to the Customer after delivery to the Customer and the Customer shall pay such invoices after receipt and acceptance of the commodities or contractual services in accordance with the timeframes set forth in section 215.422, F.S. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Contractor within three (3) business days of receiving a Purchase Order, shall have the ability to reject any Customer Purchase Order that contains additional terms and conditions deemed not reasonable. If Contractor deems the additional terms and conditions not reasonable, it must notify the Customer within three (3) business days via email. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor will accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than ninety (90) days. 1 Page 240 of 817 3.7 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), F.S. 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, F.A.C., 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. In the event such transaction fees increase above 1.50%, the Contractor shall have the right to review its pricing and request an equitable adjustment to such prices. If an equitable adjustment is not approved, the Contractor shall have the right to terminate this Contract with ninety (90) days' notice. 3.9 Return of Funds Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after discovery by the Contractor or its independent auditor, or within forty (40) calendar days after notification by the Department or Customer of the overpayment provided that the Contractor is in agreement that it has been overpaid. Disagreement between the parties regarding overpayment will be handled in accordance with the dispute resolution provisions set forth in Section 5.2, below. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Contractor shall bear the Risk of loss or damage to all goods until they are delivered to Customer. The Contractor and or Customer will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. Return of any item shall be in accordance with NASPO Master Agreement #MA16000234-1, Section 9.6 (Return of Items). 6.7 Time is of the Essence. Contractor's performance of its work under this Agreement vitally affects the operation of the State and its customer, therefore, delivery performance will be measured against agreed to delivery schedules. 7.5 Indemnification Indemnification shall be in accordance with NASPO Master Agreement #MA16000234-1, Section 14 (Indemnification). 7.6 Limitation of Liability Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department, Customer, nor Contractor shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order 2 Page 241 of 817 requires the back-up data or records), even if the Department, Customer or Contractor has been advised that such damages are possible. Neither the Department, Customer, nor Contractor shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department, Customer or Contractor may, in addition to other remedies available to them at law or equity and upon notice, retain such monies from amounts due to Customer or Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor to the State against any payments due the Contractor under any contract with the State SECTION 9. DATA SECURITY. The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within 72 hours. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 11.3.2 Liquidated Damages Intentionally left blank. The following terms add to the Special Contract Conditions as indicated below. 15. Vendor Registration. In order to complete any transaction between an Individual Customer and the Contractor, the Contractor must be registered in MyFlcridaMarketPlace. 16. Additional Customer Terms. If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this Contract, the Customer is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. 17. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. 18. Employment Eligibility Verification: The language of Subsection 13.2 of the Special Contract Conditions regarding E-Verify shall apply to resellers as well as other subcontractors. 19. Orders. Any Order placed by a Customer for a Product and/or Service available from this Contract shall be deemed to be a sale under and governed by the terms and 3 Page 242 of 817 conditions of the Contract. To the extent the Customer and the Contractor agree on additional terms, the terms will be documented on the Customer Order, and signed by both parties. 20. Contractor must be able to accept purchase orders via fax, e-mail, or the MyFloridaMarketPlace (MFMP). 21. Electronic Invoicing. The Contractor may supply electronic invoices in lieu of paper- based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: • EDI (Electronic Data Interchange) o This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. • PO Flip via AN o The online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN 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 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 MFMP management team to obtain specific requirements for the electronic invoicing if needed. 22. Contract Reporting. The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Due MFMP Transaction Calendar month 15th calendar day of the month following Report the receipt of payment for the vendor's good or services. Quarterly Sales State's 15 calendar days after close of the period Report Fiscal Quarter No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that is required under this Contract. 4 Page 243 of 817 • Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) —due 15 calendar days after close of the period Quarter 2 - (October-December) —due 15 calendar days after close of the period Quarter 3 - (January-March) —due 15 calendar days after close of the period Quarter 4 - (April-June) —due 15 calendar days after close of the period Quarterly Reporting periods should coincide with the Contract term and begin the quarter following Contract execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Re ort. The report will include all sales (orders) from Customers received (associated with this Contract) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, this Contract may be terminated for convenience or the Department may choose to not renew the Contract. In addition, the Department may require additional sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. 23. MFMP Transaction Fee Report. The Contractor is required to submit monthly Transaction Fee Reports in the Department's electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at feeprocessina(a)myfloridamarketplace.com or telephone 866-FLA-EPRO (866- 352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 24.Ad hoc Reports. The Department reserves the right to require additional reports or information pertaining to this Contract and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within five (5) business days after receipt of a Department request, unless otherwise approved by the Department. 25. Financial Consequences. The following financial consequences will apply for nonperformance of the contract by a Contractor. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform/comply with provisions of the Contract. These consequences for non-performance are not to be considered penalties. The financial consequences will be paid via check or money order and made out to the 5 Page 244 of 817 Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. Performance Description Performance Frequency Financial Metrics TargetConsequence for Non- Performance (Per Day;Late) Quarterly Quarterly Sales Report 100% Quarterly $250 Sales are due on or before the Report 15th calendar day after Submission close of a quarter. Monthly Transaction Fee Report 100% Monthly $100 Transaction are due on or before the Fee Report 15th calendar day after close of the period. 26. Financial Consequences for Non-Performance. If the Department determines that the Contractor has failed in any quarter to meet requirements of the Service Level Agreement for two or more standards, the Department may assess the Contractor a fee in accordance with the Service Level Agreement table incorporated herein. These consequences of non-performance shall not be considered penalties. 27. Business Review Meetings. The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State's additional concerns at the meeting. At minimum, the parties shall meet to discuss: • Program compliance • Program trending review • Savings report: Hard dollar and soft dollar • Spend report • Subcontractor and contingent staff performance • Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being found in default and Contract termination. 28. Certification of Drug-Free Workplace. In executing this Contract, Contractor certifies that it has implemented a drug-free workforce program. 29. Resellers/Partners. The Contractor may use resellers/partners in order to provide 6 Page 245 of 817 equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and shall ensure that all such subcontractors meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations htts://dos.myflorida.com/sunbiz/ • Registered in the MFMP Vendor Information Portal https://vendor.myfloridamaretplace.com • Are not be on the State of Florida's Convicted, Suspended, or Discriminatory Vendor Lists htt s://www.dms.m florida.com/business o stations/state urchasin /state a enc reso urces/vendor registration and vendor lists/discriminatory vendor list • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services htt�s://fivendor.myfloridacfo.com 7 Page 246 of 817 EXHIBIT B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2.CONTRACT TERM AND TERMINATION.................................................................................2 SECTION 3. PAYMENTAND FEES.............................................................................................................3 SECTION 4.CONTRACT MANAGEMENT..................................................................................................4 SECTION 5.COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS. .................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE..................................................................................................9 SECTION 8. PUBLIC RECORDS,TRADE SECRETS, DOCUMENT MANAGEMENT,AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10.GRATUITIES, LOBBYING,AND COMMUNICATIONS..........................................................13 SECTION 11.CONTRACT MONITORING.................................................................................................14 SECTION 12.CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENINGAND SECURITY. .....................................................................16 SECTION 14.WARRANTY OF CONTRACTOR'S ABILITYTO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 247 of 817 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 248 of 817 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 249 of 817 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., 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. 3.7 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), F.S. 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, F.A.C., 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. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name SP approved version 7-1-2019 4 Page 250 of 817 Department's Name Department's Physical Address Department's Telephone# Department's Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone# Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: 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; SP approved version 7-1-2019 5 Page 251 of 817 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 RESPECT and the commodities or contractual services it offers is available at haps.//www.respectcfflcrida.cr . 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., 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), F.S.; 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 ARECONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at l!ps://www.pride-enterprises.cr . SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. SP approved version 7-1-2019 6 Page 252 of 817 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The SP approved version 7-1-2019 7 Page 253 of 817 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SP approved version 7-1-2019 8 Page 254 of 817 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. SP approved version 7-1-2019 9 Page 255 of 817 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits,judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. SP approved version 7-1-2019 10 Page 256 of 817 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 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 THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure 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. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be SP approved version 7-1-2019 11 Page 257 of 817 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. SP approved version 7-1-2019 12 Page 258 of 817 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SP approved version 7-1-2019 13 Page 259 of 817 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. SP approved version 7-1-2019 14 Page 260 of 817 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. SP approved version 7-1-2019 15 Page 261 of 817 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use 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 eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; SP approved version 7-1-2019 16 Page 262 of 817 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. SP approved version 7-1-2019 17 Page 263 of 817 DocuSign Envelope ID: E395B701-BC2A-4A60-8523-FDD131ED8D7E EXHIBIT D PARTICIPATING ADDENDUM NASPO VALUEPOINT COOPERATIVE PURCHASING PROGRAM Laboratory Equipment and Supplies Administered by the State of Idaho (hereinafter "Lead State") Fisher Scientific Company L.L.C. Master Agreement No: MA16000234-1 (hereinafter "Contractor") And State of Florida (hereinafter "Participating State") 1. Scope: This Participating Addendum covers the Laboratory Equipment and Supplies contract led by the State of Idaho (Master Agreement No. MA16000234-1) for use by agencies located in the State of Florida, as provided below. 2. Participation: Agencies, as defined in section 287.012, Florida Statutes, may purchase products and services under this Contract. 3. Participating State Modifications or Additions to Master Agreement: Addition of Exhibit A: State of Florida Additional Special Contract Conditions Addition of Exhibit B: State of Florida Special Contract Conditions 4. Primary Contacts:The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name Eric Van Denburg Address 300 Industry Drive, Pittsburgh, PA 15275 Telephone 949-842-9685 Fax 949-858-8782 E-mail Eric.vandenburg@thermofisher.com Participating State Name Florida Department of Management Services Address 4050 Esplanade Way, 360, Tallahassee, FL 32399 Telephone 850-488-8440 Fax 850-414-6122 E-mail purchasingcustomerservice@dms.myflorida.com 5. Orders: Any Order placed under this Participating Addendum shall be deemed to be a sale under Page 264 of 817 DocuSign Envelope ID: E395B701-BC2A-4A60-8523-FDD131ED8D7E (and governed by the prices and other terms and conditions)of the Master Agreement, as it is modified in Section 3, unless the parties tot he Order agree in writing that another contractor agreement applies to such Order. All purchases under this contract shall include the State of Florida contract number. The parties have executed this participating addendum on the last signature date below. Participating State: Contractor: The State of Florida Fisher Scientific Company L.L.C. By: By: DocuSigned by: ✓'" .,.--- "`- 9a91 5 A211114A3._. Name: Eric Patterson Title: Title: Vice President Sales Date: Date: /2/2020 1 11:46 AM EST February 28, 2020 For questions on executing a participating addendum, please contact: NASPO ValuePoint Cooperative Development Coordinator Shannon Berry Telephone 775-720-3404 E-mail sberry@naspovaluepoint.org [Please email fully executed PDF copy of this document to sca-naspo.org to support documentation of participation and posting in appropriate data bases] Page 265 of 817 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS June 2, 2020 REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Joseph Paterniti TERM: February 12, 2020 thru March 31, 2021 SOURCE FOR PURCHASE: State of FL Contract#41120000-20-ACS ACCOUNT NUMBER: 401-2819-536-52-21, 401-2811-536-52-21 VENDOR(S): Fisher Scientific ANNUAL ESTIMATED EXPENDITURE: $45,000 DESCRIPTION: Piggyback of the current Laboratory Equipment and Supplies contract to Fisher Scientific expired on 3/31/20. The vendor has agreed to allow the City to piggyback the existing agreement with the same Terms and Conditions for February 12, 2020 thru March 31, 2021. 6.M. Consent Agenda 6/2/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the highest ranked firm Globaltech, Inc. of Boca Raton, FL and establish contracts in accordance with the Request for Qualifications(RFQ) No. 006-2821-19/TP East Water Treatment Plant Generator Replacement Progressive Design Build and per Florida Statute 287.055, Consultants'Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. Explanation of Request: On February 25, 2020 the City received 4 submittals in response to RFP: 006-2821-19/TP East Water Treatment Plant (EWTP) Generator Replacement. These were reviewed to ensure that the proposals met the RFQ's minimum standards. One proposal from All Florida Contracting Services LLC was deemed non responsive following repeated efforts to contact them for missing information. On March 15, 2020 an evaluation committee consisting of Michael Low, Utilities Deputy Director, Juan Guevarez, Manager of Water Quality &Treatment and Joel Lacroze Associate Utilities Engineer(Electrical) met to review and rank the proposals. The committee agreed on the following scores and established the ranking: Eau Gallie Electric 74.83 Globaltech, Inc. 83.33 Kanthan Design Corporation 65.83 After discussion and based upon the detailed within the submittals, the committee decided to recommend the proposed the rankings and recommend contract negotiations with Globaltech, Inc. If this request is approved, the Utility will commence discussions with the selected firm regarding the contract which will then be brought back to Commission for final approval. How will this affect city programs or services? The EWTP is required to have a back-up generator to ensure continuity of operations during any electric utility power failure. The special contract with FPL enables them to curtail our supply during periods of exceptionally high demand. I n compensation, the utility receive a significant price discount.A further consequence is that the utility must use an ultra low emission generator(Tier 4)while on curtailment but can use a more common, low emission (Tier 2) unit, at other times. The project aims to install 2 generators, one of each type, to provide back-up power for any eventuality both during a short term curtailment or a long term outage post a major storm. Once the new generators are installed the rental unit will be returned. The current monthly charge for the rental generator is$7,866.00. Fiscal Impact: Budgeted Funds are available in account 403-5000-533-65.02 WT 1902 Alternatives: The EWTP is required by the Florida Administrative Code to have a suitable back-up power unit. Strategic Plan: Strateaic Plan Application: Page 267 of 817 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendurn Generator RFQ D Addendurn Generator RFQ Design Criteria Package D Addendurn RFQ Submittal Log D Addendurn RFQ Evaluation Sur-rinnary Page 268 of 817 CITY OF BOYNTON BEACH REQUEST FOR QUALIFICATIONS (RFQ) FOR EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD RFQ No. 006-2821-20/TP NON-MANDATORY PRE-PROPOSAL CONFERENCE & SITE VISIT FEBRUARY 3 2020 AT 9:30 A.M. LOCATION: UTILITIES ADMINISTRATION BUILDING 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 ONLINE SUBMISSIONS ONLY RFQ CLOSING DATE: FEBUARY 25, 2020 NO LATER THAN 2:30 P.M. REQUEST FOR QUALIFICATIONS FOR EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD TABLE OF CONTENTS Scope of Services Information................................................................................................2 Section1 — Definitions............................................................................... .............4 Section 2 —Scope of Services and Project Information..................................... .............5 Section 3 — Instruction to Proposers.......................................................................................9 Section 4— Proposal Submission Requirements.................................................................. 11 Section 5 — Evaluation of Proposals...................................................................................... 16 Section 6 —General Conditions for Proposers....................................................................... 18 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Proposer's Qualification Statement ....................................................................................24 - 29 Anti-Kickback Affidavit........................................................................................................... 30 Non-Collusion Affidavit of Respondent................................................................................. 31 Certification Pursuant to Florida STATUTE § 287.135.................................................32 - 33 DRAFT CONTRACT Draft Contract Agreement ....................................................................................C-1 —C-10 Insurance Advisory Form ..................................................................................... APPENDICES ...................................................................................................... Appendix `A' — Design / Build Criteria Standard Package by Jacobs Engineering Group Inc. (Final Version October 2019) Table of Contents 1 REQUEST FOR QUALIFICATIONS FOR EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRSSIVE DESIGN / BUILD RFQ No. 006-2821-20/TP Electronic Requests for Qualifications (RFQ's) shall be received by the bidding system up until: FEBRUARY 25, 2020, No Later Than 2:30 PM (Local Time). All RFQ's will be publicly opened and only the names of the Proposers will be disclosed. RFQ's 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 visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified PROGRESSIVE DESIGN BUILD TEAM to furnish and install two (2) new standby diesel generators and associated electrical switchgears at the East Water Treatment Plant. The project includes but is not limited to the final design, planning, permitting, construction and commission of the equipment on a "turn-key" basis. The two (2) generators will be installed at the north end of the site close to the newly installed main switchgear and be capable of operating separately or in parallel. The generators will be enclosed within a level 2 sound attenuated enclosure that is rated for 180mph winds, and will be mounted on sub base fuel tanks with a minimum of 72 hours capacity. Further details of the selected units and a preliminary design are included in the attached design criteria package. The generators and switchgears may be directly purchased by the owner. PRE-PROPOSAL CONFERENCE: A Non-Mandatory Pre-Proposal Conference and Site Visit will be held at 9:30 AM on February 3, 2020 at Utilities Administration Building, EOC Room, 124 E. Woolbright Road, Boynton Beach, Florida 33435. Attendance is non-mandatory. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the projected schedule, provide instructions for submitting qualifications, and discuss other relevant issues. In the event that any discussions or questions at the pre-proposal meeting require, in the City's opinion, official additions,deletions or clarifications of the solicitation, or any other document, the City will issue an addendum to this Request for Qualifications, as the City determines is appropriate. No oral representations or discussions taking place at the pre-proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre-proposal meeting should be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 2 CONE OF SILENCE: Pursuant to Palm Beach County Section 2-355, after the deadline to respond to this RFQ, members of the City Commission are prohibited from communicating directly or indirectly with proposers or respondents regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, 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 RFQ 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. CITY OF BOYNTON BEACH Mara Frederiksen Director of Financial Services RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 3 SPECIAL INSTRUCTIONS TO PROPOSERS SECTION 1 - DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: 1.1 City or Owner: The City of Boynton Beach, Florida 1.2 Contract/Purchase Order: The written agreement entered into between the City and the awarded Proposer. 1.3 Evaluation/Selection Committee: City Staff and /or outside Consultant assigned to evaluate the submitted proposals. 1.4 Procurement Services: The Procurement Services Section of the Department of Finance of the City of Boynton Beach. 1.5 Proposer: Any individual, firm or corporation submitting a response for this project, acting directly or through a duly authorized representative. 1.6 "PROGRESSIVE DESIGN/BUILD TEAM" "Provider" "Bidder" "Contractor" "Successful Proposer" or Firm: The Proposer(s) awarded as a result of this Request for Qualifications (RFQ). Said terms may be used interchangeably while retaining the same meaning. 1.7 Qualifications/Proposal, Proposals, Responses or Submissions: Shall refer to any Offer(s) submitted in response to this Request for Qualifications (RFQ). 1.8 RFQ: Request for Qualifications 1.9 Sub-Design Build Team: Any person, firm, entity, or organization, other than the employees of the successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Successful Proposer. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 4 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 008-2821-19/TP FOR "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT DESIGN / BUILD" SECTION 2—SCOPE OF SERVICES AND PROJECT INFORMATION 2.1 BACKGROUND: The City of Boynton Beach, Florida (City) is approximately 16.1 square miles with a population of approximately 75,000. The Utilities Department services approximately 112,000 customers. While the City provides municipal services to its citizens within the City limits, the City Utilities Department also provides water and wastewater services outside the City limits. Stormwater services are only provided within the City limits. The City provides Potable Water, Wastewater, Stormwater and Reclaimed Water services through the Utilities Department. The utility system includes: two (2) wellfields, two (2) water treatment plants one(1) 24 MGD lime softening and one(1) 10.4 MGD low pressure membrane softening plus 1.6 MGD blending, two (2) aquifer storage and recovery wells, a sewage collection and transmission system with approximately 165 wastewater lift stations, and the associated water distribution and wastewater collection piping systems, reclaimed water distribution system, stormwater swales, and a stormwater collection and disposal system. The City of Boynton Beach is seeking the services of a qualified PROGRESSIVE DESIGN BUILD TEAM to design,furnish and construct the two (2) new Generators. The project includes but is not limited to planning, design, permitting, construction and other services to deliver a `turn-key" project. The New Generators will be installed at the west end of the plant site adjacent to the main switchgear, in 180mph wind resistant sound proof enclosure mounted in self-contained fuel tanks. The Design Criteria Package consists of the following appendices: Appendix "A" — Design / Build Criteria Standard Package by Jacobs Engineering Group Inc. (Final Version October 2019) The Progressive Design Build Team shall exercise creativity and due diligence to complete the project in accordance with Design Information, and the City's General Utility and Public Works Standards. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 5 2.2 GOAL: The City of Boynton Beach (City) is issuing this Request for Qualifications for submissions from qualified Design Build Firms or companies or team/joint ventures, or other legal entities to select the most qualified team to design and construct the Generator Work associated with the project will be performed as outlined in the Design Information within this RFQ. 2.3 TERM OF THE PROJECT 2.3.1 Dates of Commencement The project shall commence on the date within five (5) days of Progressive Design-Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 2.3.2 Substantial Completion and Final Completion Substantial Completion of the entire Work shall be achieved no later than Three Hundred and Sixty-Five (365) calendar days after the Date of Commencement or as mutually agreed to by the Owner and Design-Builder ("Scheduled Substantial Completion Date"). Final Completion of the Work shall be achieved within Thirty (30) days after Substantial Completion. 2.4 SCOPE OF SERVICES TO BE PERFORMED: The City of Boynton Beach (City) is issuing this Request for Qualifications for submissions from qualified Progressive Design Build Firm or company or team/joint venture, or a legal entity to complete the construction of the Generator. Work associated with the project will be performed as outlined in the Design Information within this RFQ. Selection of the professional team shall be a qualifications based selection in accordance with Florida Statutes §287.055, "Consultants' Competitive Negotiation Act." The scoring criteria included in SECTION 5 herein will be used in the evaluation and ranking of the Proposer based on the response within this RFQ by the Selection Committee. The CITY intends to implement the necessary improvements through a negotiated Lump- Sum Progressive Design-Build project delivery method with the Awarded Design/ Build Firm based on the information provided in this RFQ. Existing Conditions: The Progressive DESIGN BUILD TEAM shall be responsible for verification of existing conditions, including research of all existing CITY records and other information. Project Management Requirements: A. This project will utilize an internet-based project management tool called e- Builder Enterprise TM. This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. B. Design-Build Team and Sub-Design Build shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e-Builder Enterprise TM. No RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 6 additional software will be required. The Owner and Engineer will assist the Design Build Team in providing training to their personnel. C. Design Build Team shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder Enterpriser"' Electronic File Requirements: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Design Build Team and Sub-Design Build Team shall also submit all closeout documents including all "As-Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e-Builder Enterpriser"' The As-Built Drawings shall also be submitted in AutoCAD (.DWG)format. e-Builder Implementation Requirements: e-Builder Enterprise TM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Design Build Team, Engineer, and Owner. e-Builder EnterpriseTM includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use. • Central Document Vault: e-Builder Enterprise TM system includes a central database that maintains all project information and manages project communications amongst team members. • Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members. • Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder Enterprise TM • Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 7 e-Builder Licensing Requirements: e-Builder Enterprise TM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Design Build Team, Engineer, and Owner. Each user license includes full access to e-Builder Enterprise TM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e-Builder Enterprise TM software and documents, which are maintained in state- of-the-art data centers located throughout the United States. • Quarterly e-Builder Enterprise TM software enhancements • Unlimited phone, email and web based support 24-hours: The City of Boynton Beach has an e-Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from e-Builder directly at the design build team own cost. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 8 0 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 006-2821-20/TP FOR "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD" SECTION 3— INSTRUCTION TO PROPOSERS 2.1 Electronic Requests for Qualifications (RFQ's) shall be received by the City's e-Procurement bidding system no later than: FEBRUARY 25, 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 Proposer to have their RFQ submittal submitted online. 2.3 Proposers 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 Proposer to have received all Addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the RFQ closing time and date in the event additional addenda are issued. 2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview the RFQ documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 2.6 ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 2.7 Proposers are cautioned that the timing of their Submittal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Submittal 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 Proposal 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 Proposals 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 Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at su��ort c(�bidsandtenders.net. 2.10 Late Submittal Responses are not permitted by the Bidding System. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 9 2.11 To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 2.12 All expenses for making RFQ responses to the City are to be borne by the Proposer. 2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualifications for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). 2.14 Each Proposer, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of a RFQ; damages, if any, shall be limited to the actual cost of the preparation of the RFQ. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 10 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 006-2821-20/TP FOR "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD" SECTION 4— PROPOSAL SUBMISSION REQUIREMENTS 4.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than their length,form or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Qualifications requirements. The selected Firm(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ in an expeditious and economical manner, consistent with the needs of the City. Additionally the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. C. Detailed Proposal. The detailed Proposal should follow the order set forth in Section 3 of this Request for Qualifications. 1. Letter of Interest—To be completed online The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. 2. Firm's Qualifications —To be attached online Provide at least four (4) reference projects of a similar size, scope and complexity that have been completed by your firm within the last ten (10) years which demonstrate the experience of the firm and the team that will be assigned to provide the services as required by this Project. A project similar in scope is defined as a project, which includes some or all of the following components: the design of generators and electrical work. A project similar in size is defined as a project completed under the design/build or CMAR delivery method, which was at least $1,000,000 in cost (design and construction). RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 11 For each reference project, provide the following information: 1) Client name/Owner's Representative name, address, phone number, and email. 2) Name and location of the project. Description of the scope of work. 3) Role your company provided: CMAR and/or General Contractor and/or other. 4) Date project was completed or is anticipated to be completed. 5) Value to kW Generator Capacity Installed. 6) Original Owner Budget vs. Final GMP. 7) Saving achieved through Value Engineering or other approaches. 8) The percentage of the GMP for General Conditions, Profit and an Overhead. 9) The total amount of approved Changes Orders added to the Original GMP. 10) The dollar amount of fees for Pre-Construction Services. 11) The dollar value and the percentage of the final GMP awarded to and performed by local sub-design build team (of any tier) and SBE sub-design build team (of any tier). 12) Present status of the project. 1. If the Proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the Firm that is to serve as the principal consulting firm should be noted, if applicable. 2. Notarized statement showing the Proposer's maximum bonding capacity; and that the Proposer has an available bonding capacity for a minimum of $5 million specifically for this project. Statement should also identify the Proposer has the ability to increase their bonding capacity, if necessary, and to what amount. NOTE: Notarized statement must be from an admitted surety insurer authorized to issue bonds in the State of Florida, not an agent or broker. To be attached online and submitted through the Bidding System. 3. Qualifications of Project Team, (key project members) and availability of specialty resources..:- To be attached online Provide an overview of the qualifications of a specific project team to be provided by the Design Build Team to perform the requested services. Specify and present as a minimum, similar experience in design and construction of generator and electrical work. Identify the principal and management staff who would be assigned to the project as follows: a. An organizational chart that clearly defines the lines of authority. b. The names and roles of each professional to be assigned to this project, including familiarity with projects of a similar nature. c. The estimated amount of involvement expressed as a percentage of time, of each of the staff members. d. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve (12) pages. e. Experience of identified staff members with differing regulatory agencies that may be associated with these services. f. Availability location and workload of the proposed team contained on a maximum of one (1) page including: RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 12 1. Current project work listing and remaining labor commitments. 2. Historically, describe the typical number of projects handled by the Proposer's key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Approach,demonstrated skill set, and innovative ideas that will be used to address the Scope of Work. —To be attached online a. Narrative of Project and Understanding of the Project Issues: Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. b. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer's approach to cost estimating during the various phases of the design (i.e. conceptual, schematic, final and construction documents). Indicate the methodology and estimating system used in preparation of estimates. Address how the Proposer will prepare, submit, reconcile and obtain approval of the Guaranteed Maximum Price notice. c. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of the equipment, capital costs and operating and maintenance costs over the life of the equipment. d. Explain how Proposer intends to meet the budgetary goals and timetables using the Design and Performance Criteria herein to include the following: 1. Implementation of conflict resolution methods. 2. Description of schedule controls. 3. Description of change order controls. 4. Description of permitting approach. 5. Understanding of the construction contingency to include: 1) who should be in control, 2) the main purpose, and 3)who approves its utilization. 6. Provide examples of how your firm ensures that the project stays within budget during each phase of construction and what assurances are given that the estimate may be accurate or reliable. e. Project Management Reporting: Provide an explanation of how the firm proposes to manage and report each aspect of the Project to realize budgetary goals, timetables and quality control objectives. f. Submit a comprehensive Project Management Reporting system to include but not limited to narrative reporting, schedule controls, cost controls and estimating, project accounting, accounting and payment and action controls. 5. Creativity and Innovation in Project Approach and Solution Selection Options. —To be attached online a. Discuss how the Proposer intends to use innovative approaches and/or best practices to achieve results considering safety, quality, cost and time as they relate to any and all aspects of design, equipment, materials, pre-construction services, and construction. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 13 b. Discuss how the Proposer will utilize best practice techniques such as value engineering and constructability reviews, and provide evidence of previous experience with any of the methodologies presented. c. Discuss in detail, the development of a mitigation strategy covering major events that might impact the Project such as severe weather or protracted loss of treatment capacity caused by work within the Project. d. Provide a schedule which details the Proposer's proposed activities and how the Proposer intends to meet the required in-service date. e. Provide a strategy the Proposer will employ for subcontracting work to include how local contractors will be utilized. Address the Proposer's approach to implementation of Quality Control/Quality Assurance plan for both self- performing and subcontracted work. f. Describe project communication tools to ensure streamlined information to the Construction Team (Selected PROGRESSIVE DESIGN BUILD TEAM and CITY). g. Describe the plan for public relations and conflict resolution with the community during construction. This section shall be limited to no more than fifteen(15) pages.Work plans longer than fifteen (15) pages will only have the first fifteen (15) pages reviewed. 6. References— Past Performance —To be completed online Provide three (3) governmental agencies references similar to design/build or construction manager at-risk contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. 7. Sub-Consultants —To be completed online a. Identification of any sub-PROGRESSIVE DESIGN BUILD TEAM firms providing significant services that may be assigned more than five (5%) of the work. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 14 8. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledge when required and submitted. In addition, all other request and supporting documentation should be included. a) Proposer Acknowledgement — Online Acknowledgement b) Proposer Qualification Statement— Upload Online c) Addenda Acknowledgement— Online Acknowledgement d) Anti-Kickback Affidavit— Upload Online e) Non-collusion Affidavit of Proposer— Upload Online f) Confirmation of Minority Owned Business - Online Form g) Certification Pursuant to Florida Statute § 287.135 - Upload Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General - Online Acknowledgement j) Local Business Certification - Online Form k) Statement of Non-Submittal (if applicable) - Online Form 1) Schedule of Sub-PROGESSIVE DESIGN BUILD TEAMs — Online Form m) Submit current Florida Professional License, including evidence of possession of required licenses or business permits —Attach and Upload n) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form herein as an attachment. —Attach and Upload o) Submit any Supplemental information relative to this RFQ—Attach and Upload THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 15 0 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 006-2821-20/TP FOR "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT DESIGN / BUILD" SECTION 5— EVALUATION OF PROPOSALS 5.1 EVALUATION OF PROPOSALS The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s)will be based on whether the Respondent(s) are responsible and responsive to this solicitation, and will be evaluated as follows: The selection committee will review and evaluate all RFQ responses. The determination shall be based upon the following criteria and respondents shall provide, as a minimum the information listed under each criterion. Evaluation Criteria Maximum Potential Points Qualifications of the Firm 0 - 20 Assigned Staff Qualifications and Experience 0 - 35 Project Approach 0 - 30 References 0 - 5 Local Business Certifications 0 or 5 Total Points 100 A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. 2. In the event less than three (3) firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 16 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFQ and may create a short list of a minimum of three (3) firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations,the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement based on the attached draft contract developed from this Request for Qualifications. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract will be submitted to the City Commission for their consideration and approval. 8. Should the City fail to negotiate a satisfactory contract as determined to be fair and competitive with the highest-ranked firm, negotiations will formally be terminated. The City will then undertake negotiations with the second-ranked firm. Should negotiations fail also with the second-ranked firm,then the third-ranked proposerwill be notified for negotiations. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 17 0 REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 006-2821-20/TP FOR "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD" SECTION 6 —GENERAL CONDITIONS FOR PROPOSERS 1. FAMILIARITY WITH LAWS: The Proposer 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 Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 2. RFQ FORMS: The Proposer will submit a RFQ on the RFQ forms provided. All RFQ prices, amounts and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFQ forms must be executed and submitted for easy identification. The face of the envelope shall contain the company's name and address, RFQ title, number, RFQ date and time. RFQs not submitted on RFQ forms herein may be rejected. All RFQs are subject to the conditions specified within this solicitation document. RFQs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFQ: RFQ must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. RFQ DEADLINE: It is the Proposer's responsibility to assure that the RFQ is submitted electronic by or at the proper time and date prior to the RFQ deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive any defect, irregularity or informality in any RFQ or RFQ procedure; B. Reject or cancel any or all RFQ's; C. Reissue the RFQ; D. Extend the RFQ deadline time and date; E. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has: RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 18 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. 8. 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 RFQ no later than ten (10) days prior to the RFQ deadline. Inquiries must reference the date by which the RFQ is to be received. 9. 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. 10. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the sub-design build team and the name of the person to be contacted on the attached"Schedule of Sub-Design Build Team". The City of Boynton Beach reserves the right to accept or reject any or all RFQs wherein a sub-design build team is named and to make the award to the Proposer, 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 RFQ of any Proposer if the RFQ names a sub-design build team 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. 11. 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 Proposer through the City's e-Procurement system Boynton-beach.bidsandtenders.net, it is each Proposer's responsibility of each Proposer to have receive ALL addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their proposal and up until the RFQ closing time and date in the event additional addenda are issued. If a Proposer submits their proposal prior to the RFQ closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Proposer submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the RFQ Proposal. The Proposer 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. 12. ANTITRUST CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach, the Proposer offers and agrees that if the RFQ is accepted, the Proposer 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 Proposer. 13. 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 RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 19 Proposer will in no way be a cause for relief from responsibility. 14. ON PUBLIC ENTITY CRIMES—All Invitations to RFQ's as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFQ on a contract or provide any goods or services to a public entity, may not submit a RFQ on a contract with a public entity for the construction or repair of a public building or public work, may not submit a RFQ on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or DESIGN BUILD TEAM under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list". 15. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this RFQ, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Design-Build Team 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 Design- Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. 16. NON-COLLUSION AFFIDAVIT: Each Proposer shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 17. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 20 EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 18. ANTI-KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 19. 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 Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 20. ADVERTISING: In submitting a response, the Proposer agrees not to use the results there from as a part of any commercial advertising. 21. ASSIGNMENT: Any Purchase Order issued pursuant to this RFQ invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the CITY. 22. INDEMNIFICATION: The selected Proposer 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 Proposer(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners,agents,servants and 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 Proposer's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in and 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 Proposer's 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 Proposer's hereunder, for which the City may be entitled to a claim or indemnity against the Proposer, under the provisions of this Contract. Proposer shall have the right to control the defense of any such claim, suit or actions. The Proposer 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 Proposer's breach of any of the provisions of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 23. 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 Design-Build Team shall comply with Florida's Public Records Law. Specifically, the Design-Build Team 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 ofthe requested records or allow the records to be inspected or copied within a reasonable time RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 21 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, Design-Build Team shall destroy all copies of such confidential and exempt records remaining in its possession once the Design-Build Team transfers the records in its possession to the City; and D. Upon completion of the contract, Design-Build Team shall transfer to the City, at no cost to the City, all public records in Design-Build Team's possession All records stored electronically by Design-Build Team 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 DESIGN-BUILD TEAM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN-BUILD TEAM'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 24. CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost- effective completion of a given project will be provided. Specific Task Order stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The Agreement will be based on successful negotiation. 25. 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. 26. PALM BEACH COUNTY INSPECTOR GENERAL: The successful Proposer 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 PROGRESSIVE DESIGN BUILD TEAM Agreement/Task Order resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the PROGRESSIVE DESIGN BUILD TEAM and its SubDESIGN BUILD TEAMs and lower tier SubDESIGN BUILD TEAMs. The PROGRESSIVE DESIGN BUILD TEAM understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the PROGRESSIVE DESIGN BUILD TEAM or its SubDESIGN BUILD TEAMs or lower tier SubDESIGN BUILD TEAMs to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this Agreement justifying its termination. The awarded PROGRESSIVE RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 22 DESIGN BUILD TEAM (s) will be required to sign the Palm Beach County Inspector General Acknowledgment Form as part of the final PROGRESSIVE DESIGN BUILD TEAM Agreement/Task Order. 27. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection,the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFQ submittal. Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the full 5 points allotted by each evaluation committee member. Firms not meeting the requirements of the Preference will receive zero points in this evaluation criterion. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 23 0 PROPOSER'S QUALIFICATION STATEMENT 'T'O BE COMPLETED .AND UPLOADED ONLINE 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 Proposer is: The address of the principal place of business is: 2. If Proposer 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: RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 24 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer 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 RFQ. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES F7 NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 25 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 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 Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 26 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work 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): RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 27 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES F—] 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 Proposer, 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 Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 28 26. Has the Proposer, its principals, officers or predecessors' organization(s) been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (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 RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 29 0 ANTI-KICKBACK AFFIDAVIT 'TO BE COMPLETED .AND UPLOADED ONLINE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 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 RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 30 0 NON-COLLUSION AFFIDAVIT OF PROPOSER 'TO BE COMPLETED AND UPLOADED Ef LI E 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 RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further,the said proposer nor any of its officers, partners,owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer,or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) 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 RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 31 6 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLETEDLONLINE 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 Design-Build Team of the City's determination concerning the false certification. The Design-Build Team 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 Design-Build Team 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 at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services 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 RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 32 As the person authorized to sign on behalf of the Design-Build Team, I hereby certify that the company identified above in the section entitled "Design-Build Team " 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 RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement 33 i "DRAFT CONTRACT" Subject to Modification and final approval by City Attorney "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD" THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and TBD , hereinafter referred to as "DESIGN BUILD TEAM", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a DESIGN BUILD TEAM, and WHEREAS, THE CITY issued a Request for Qualifications for "EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD, RFQ No. 006-2821-20/TP; and WHEREAS, RFQ No. 006-2821-20/TP defined Scope of Services as East Water Treatment Plant Generator Replacement Progressive Design / Build; and WHEREAS, the CITY determined that DESIGN BUILD TEAM is qualified to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on , 2020, determined that DESIGN BUILD TEAM is qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager's administrative staff, has successfully negotiated an Agreement with DESIGN BUILD TEAM defining terms and conditions for the performance of engineering, architectural and construction services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 DESIGN BUILD TEAM agrees to perform Professional Engineering, Architectural and Construction Services during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-1 Page 9818 %-f A4 The City's Representative during the performance of the Contract shall be_ telephone (561) 742 - The DESIGN-BUILD TEAM Representative during the performance of the contract shall be telephone ARTICLE 2 — TERM 2.1 The DESIGN BUILD TEAM shall be available to commence services on the date of the execution of this Contract until project completion issued by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the CITY to the DESIGN BUILD TEAM by way of an purchase order executed by the CITY. DESIGN BUILD TEAM shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The DESIGN BUILD TEAM shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by DESIGN BUILD TEAM shall be made as provided on Exhibit " " attached hereto. b. The DESIGN BUILD TEAM 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 checked by the CITY, and upon approval thereof, payment will be made to the DESIGN BUILD TEAM in the amount approved. c. Final payment of any balance due the DESIGN BUILD TEAM of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to DESIGN BUILD TEAM, all documents, drawings, specifications and other materials produced by the DESIGN BUILD TEAM 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. Notwithstanding the foregoing, the DESIGN BUILD TEAM shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with DESIGN BUILD TEAM's endeavors. Any use of the documents for purposes other than as originally RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-2 intended by this Agreement, without the written consent of DESIGN BUILD TEAM, shall be at the CITY's sole risk and without liability to DESIGN BUILD TEAM and DESIGN BUILD TEAM sub-Design Build Team. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 DESIGN BUILD TEAM represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. DESIGN BUILD TEAM's services shall meet a standard of care for professional engineering, architectural and related services no less than the standard of care for engineering, architectural and construction professionals practicing under similar conditions. In submitting its response to the RFQ, DESIGN BUILD TEAM has represented to CITY that certain individuals employed by DESIGN BUILD TEAM shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, DESIGN BUILD TEAM shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 DESIGN BUILD TEAM shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 DESIGN BUILD TEAM shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to DESIGN BUILD TEAM's own employees, or damage to property occasioned by a negligent act, omission or failure of the DESIGN BUILD TEAM. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, 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 Agreement or out of the services or goods furnished hereunder. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-3 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, DESIGN BUILD TEAM shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The DESIGN BUILD TEAM 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. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-DESIGN BUILD TEAM that does not have their own Worker's Compensation and Employer's Liability Insurance. 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 DESIGN BUILD TEAM 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 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. DESIGN BUILD TEAM shall maintain 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. 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. 10.1.3 Business Automobile Liability: The DESIGN BUILD TEAM shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The DESIGN BUILD TEAM shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the DESIGN BUILD TEAM 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 DESIGN BUILD TEAM or by anyone directly or indirectly employed by the DESIGN BUILD TEAM. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The DESIGN BUILD TEAM shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence. 10.2 It shall be the responsibility of the DESIGN BUILD TEAM to ensure that all RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-4 Pagle 986 -6 A4-J sub-Design-Build Teams comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the DESIGN BUILD TEAM of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by DESIGN BUILD TEAM 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 DESIGN BUILD TEAM 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 DESIGN BUILD TEAM, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 DESIGN BUILD TEAM 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 for Comprehensive Liability Insurance on a claims- made policy only ARTICLE 11 - INDEPENDENT DESIGN-BUILD TEAM 11.1 DESIGN BUILD TEAM is an independent DESIGN BUILD TEAM 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 DESIGN BUILD TEAM nor any employee of DESIGN BUILD TEAM 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 DESIGN BUILD TEAM, or any employee of DESIGN BUILD TEAM. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The DESIGN BUILD TEAM warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the DESIGN BUILD TEAM, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the DESIGN BUILD TEAM, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13 — TRUTH-IN-NEGOTIATION CERTIFICATE RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-5 Page 98F %-f A4 13.1 Execution of this Agreement by the DESIGN BUILD TEAM shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the DESIGN BUILD TEAM's most favored customer for the same or substantially similar service. 13.2 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 inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside DESIGN BUILD TEAMs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The DESIGN BUILD TEAM, 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. ARTICLE 15 -ASSIGNMENT 15.1 The DESIGN BUILD TEAM shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or DESIGN BUILD TEAM of any breach of this Agreement 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 17 — TERMINATION 17.1 Termination for Convenience: This Agreement 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 DESIGN BUILD TEAM shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the DESIGN BUILD TEAM abandons the Agreement or causes it to be terminated, DESIGN BUILD TEAM shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-6 Page 988 %-f A4 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor DESIGN BUILD TEAM shall be considered to be in default of this Agreement 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 Agreement 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 governmental actions. 19.2 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 Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach Attn: Lori LaVerriere, City Mgr. 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Notices to DESIGN BUILD TEAM shall be sent to the following address: Firm Name: Attn: ADDRESS- CITY/STATE/ZIP DDRESS:CITY/STATE/ZIP Tel: Fax: Email: ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ and any addenda and/or attachments, represents the entire and integrated agreement between the RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-7 CITY and the DESIGN BUILD TEAM 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 DESIGN BUILD TEAM. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 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 Agreement, 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 Agreement, 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. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each 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. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — FLORIDA'S PUBLIC RECORDS LAW 23.1 The City is a public agency subject to Chapter 119, Florida Statutes. The Design-Build Team shall comply with Florida's Public Records Law. Specifically, the Design-Build Team shall: 23.2 Keep and maintain public records required by the CITY to perform the service; 23.3 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, Florida Statue or as otherwise provided by law; 23.4 Ensure that public records that are exempt or that are confidential and exempt RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-8 page 84 A -6 A4 from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Design-Build Team shall provide copies of such confidential and exempt records remaining in its possession once the Design- Build Team transfers the records in its possession to the City; and, 23.5 Upon completion of the contract, Design-Build Team shall transfer to the CITY, at no cost to the CITY, all public records in Design-Build Team's possession. All records stored electronically by Design-Build Team 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. 23.6 IF THE DESIGN-BUILD TEAM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DESIGN- BUILDTEAM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BOULEVARD, SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 G1BS0Ng&qBFL.US ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team 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 Design-Build Team 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 Design-Build Team of the City's determination concerning the false certification. Design-Build Team 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, Design-Build Team 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 Design-Build Team 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. RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-9 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 2020. CITY OF BOYNTON BEACH CITY Manager DESIGN BUILD TEAM Attest/Authenticated Title (Corporate Seal) CITY Clerk Approved as to Form: Attest/Authenticated: Office of the CITY Attorney Secretary RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement C-10 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. (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 Design Build Team, 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 Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners& Design Build Team'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 Contractor/Design Build Team 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 rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM JACOBS Generator Replacement at the East Water Treatment Plant (Task Order No. UT-2A-02) % % D. S �B ✓ Design Criteria Package 0 No 60269 u Final Version 1? 119 STATE OF LU October 2019 . 4u w 0 OR City of Boynton Beach ON A I'111111W, Page 314 of 817 JACOBS Design Criteria Package Project a Project No: D3180102 Document Title: Design Criteria Package Document No.: B1101 1 191409FLL Revision: Document Version Date: October 2019 Client Name: City of Boynton Beach, FL Project Manager: GJ Schers Authors: Alex Stojanovic, GJ Schers File Name: Boynton Beach TO2 Design Criteria Package Final Jacobs Engineering Group Inc. 550 W. Cypress Creek Road Fort Lauderdale, FL 33309 United States www.jacobs.com ©Copyright 2018 Jacobs Engineering Group Inc.The concepts and information contained in this document are the property of Jacobs. Use or copying of this document in whole or in part without the written permission of Jacobs constitutes an infringement of copyright. Limitation:This document has been prepared on behalf of,and for the exclusive use of Jacobs'client,and is subject to,and issued in accordance with,the provisions of the contract between Jacobs and the client.Jacobs accepts no liability or responsibility whatsoever for, or in respect of,any use of,or reliance upon,this document by any third party. Document History and Status i 1.0 9/25/2019 1 Design Criteria Package Draft AS/GJS I TI ... ................................... 2.0 10/11/2019 Design Criteria Package FinalGJS TI GB Page 315 of 817 Deign Criteria Package JACOBS Contents Acronyms and Abbreviations...................................................................................................................iii 1 Purpose...........................................................................................................................................1 2 Progressive Design-Build Delivery..............................................................................................1 3 Project Location.............................................................................................................................2 4 Existing Site Conditions................................................................................................................2 5 Scope of Work................................................................................................................................2 6 Description of the Work.................................................................................................................8 7 Applicable Codes and Standards...............................................................................................11 8 Design Requirements..................................................................................................................12 9 Construction Constraints............................................................................................................12 10 Services Provided by the CITY and/or CITY's Representative................................................13 11 SCADA Integrator.........................................................................................................................13 Appendixes A Drawings B Generator Cutsheets Page 316 of 817 Page 317 of 817 Deign Criteria Package JACOBS Acronyms and Abbreviations AACE Association for the Advancement of Cost Engineering CITY City of Boynton Beach CITY City of Boynton Beach, also called Owner. Contact: Michael Low, Deputy Utilities Director/Manager, Technical Services, Boynton Beach Utilities, 124 E. Woolbright Rd., Boynton Beach, Florida 33435, Tel 561-742-6403 CITY's Agent Also called Owner's Agent, Jacobs Engineering Inc. Contractor Selected Design-Build Team or Contractor, or also called SUCCESSFUL PROPOSER DBIA Design-Build Institute of America FPL Florida Power& Light GMP Guaranteed Maximum Price GPG generator paralleling gear mgd million gallons per day NTP Notice to Proceed O&M operations and maintenance PDB Progressive Design-Build, defined by DBIA PDF Portable Document Format Phase 1 NTP Draft final design and GMP development phase Notice to Proceed Phase 2 NTP Final design and construction phase Notice to Proceed P&ID Process & Instrumentation Diagram Proposal Agreement between CITY and SUCCESSFUL PROPOSER; also called contract QA quality assurance QC quality control QA/QC quality assurance/quality control RFQ Request for Qualifications Subcontractor Entity under contract to SUCCESSFUL PROPOSER Vendor Equipment supplier under contract to SUCCESSFUL PROPOSER or subcontractor V\/TP Water Treatment Plant Page 318 of 817 Page 319 of 817 Deign Criteria Package JACOBS Purpose The City of Boynton Beach (CITY) plans to replace an existing mobile generator with two permanently installed generators at the East Water Treatment Plant (WTP). This change will improve operational reliability and redundancy of the standby power system. It will also reduce electricity costs by having favorable utility rates resulting from expected participation in the load shedding program with Florida Power& Light (FPL). This Design Criteria Package, developed by CITY's Agent, Jacobs, describes the minimum requirements of this project and is an attachment to the Request for Qualifications for the Generator Replacement at the East WTP Progressive Design/Build Project Request for Qualifications (RFQ). Conceptual drawings are included in this package as attachments and provide a graphical description of the scope of this project. The drawings establish the requirements and general arrangement of materials and equipment and set the minimum standards of quality and workmanship. The drawings may not reflect the existing configuration correctly and may not provide certain details of this project, including but not limited to, the exact measurements of new equipment and routing of cables, setbacks of structures and equipment, vertical elevations, and horizontal control on new infrastructure. All site conditions shall be field verified. Detailed project requirements shall be verified with the CITY prior to commencement of the progressive design-build project. The cutsheets of the major equipment are also included in this package and provide the intended make and model of the standby power generators and associated generator paralleling gear (GPG). 2 Progressive Design-Build Delivery The CITY has elected to use a Progressive Design-Build (PDB) project delivery for this project, as per best practices of the Design-Build Institute of America (DBIA). The referenced RFQ will be used to select a Design-Build Team (or also called the SUCCESSFUL PROPOSER in this Design Criteria Package)on the basis of qualifications as outlined in the RFQ. The SUCCESSFUL PROPOSER will be required to provide design deliverables in a collaborative and transparent process. Initially, a Phase 1 contract will be negotiated with the SUCCESSFUL PROPOSER for developing a design with sufficient deliverables and detail to support the Guaranteed Maximum Price (GMP) and Quantitative Risk Register development. Upon completion of this design effort, the SUCCESSFUL PROPOSER will provide these deliverables to the CITY. The CITY and SUCCESSFUL PROPOSER will go through iterative, open-book negotiations to get to an agreed GMP and Risk Register. If the GMP exceeds the CITY's budget, the CITY and SUCCESSFUL PROPOSER may propose cost-cutting measures or the CITY may elect to use the services of a third party for value engineering services. Subsequently, the scope of work, GMP, and Risk Register will be put forward for approval by the CITY commission. The CITY can also elect to "off ramp" from the SUCCESSFUL PROPOSER and resort to a conventional design/bid/build form of delivery. After CITY commission approval and the CITY issuing the Phase 2 contract or NTP, the SUCCESSFUL PROPOSER will further detail and finalize the design. After agreement of the final design, the project will be constructed. The CITY may directly purchase the larger equipment items from the vendor, including the standby generators and related electrical gear, to take advantage of the available tax credit. The CITY and CITY's agent will: • Fully participate in meetings to review design concepts and deliverables and make decisions at each phase as an integral team member with the SUCCESSFUL PROPOSER • Expect to audit cost proposals and the GMP to agree on an equitable cost for the project • Review submittals, requests for information, and attend factory testing • Attend site meetings during construction • Participate in field testing and start-up of the facility Page 320 of 817 JACOBS Deign Criteria Package In summary, the SUCCESSFUL PROPOSER will provide design, permitting, procurement, construction, testing, and start-up and close-out services to the CITY for this generator replacement project. Further details of each phase are described in the following sections. 3 Project Location The new generators will be located at the northwest corner of the East WTP located at 124 East Woolbright Road, Boynton Beach, Florida. 4 Existing Site Conditions The CITY owns and operates the lime softening East WTP. The process for treating surficial aquifer water involves ion exchange, lime softening, media filtration, and disinfection with sodium hypochlorite. The plant is rated for 24 million gallons per day(mgd). Recent improvements include the addition of ion exchange for additional color and dissolved organic carbon removal and replacement of most electrical and instrumentation and controls equipment, including but not limited to, the new, main switchboard SWBD-1 with PLC controls and a new incoming power FPL-owned transformer. The CITY is on a load shedding program with FPL, which provides favorable utility rates. Standby power at the site is currently provided by a mobile generator. This is considered a temporary measure. The existing mobile generator is located at the northwest corner of the East WTP site, close to the existing switchboard SWBD-1, which is located in the electrical room. This switchboard is fed from a transformer located outside on a reinforced concrete slab-on-grade. In that general area of the site, there is existing WTP infrastructure that has been abandoned or will be abandoned as part of this project. This infrastructure includes an old FPL vault, diesel storage tank founded on a reinforced concrete slab and under a canopy, fuel piping, and existing electrical panels and ductwork. Most of this infrastructure will be removed under this project to make space for the new generators and associated generator paralleling electrical panel. The only equipment that shall remain operational is the FPL transformer. The existing underground electrical conduits, built at the same time as the FPL transformer and switchboard SWBD-1, can be re-used to run cables between the new GPG and existing switchboard SWBD-1. There are no record drawings or operations and maintenance (O&M) manuals for this area of the site, and there is limited information available on existing underground structures and utilities. The CITY does not assume responsibility for the accuracy of the information provided as part of this RFQ showing above- ground and underground infrastructure. It is the responsibility of the SUCCESSFUL PROPOSER to confirm the presence and location of existing above-ground and underground utilities and facilities. 5 Scope of Work The SUCCESSFUL PROPOSER shall perform the design, permitting, procurement, construction, testing, and start-up and close-out of all aspects of this project to fulfil the CITY's intent and objective as outlined in the following sections of this document. a. Planning Phase The SUCCESSFUL PROPOSER shall develop and deliver project-specific plans listed below and have them approved by the CITY, public agencies, and appropriate authorities prior to moving forward with the work. • A project management plan. Submit no later than 15 working days after the design phase or Phase 1 NTP. This will cover decision log control, scope/change management, quality management addressing quality control on design deliverables and on materials to be tested during construction, and a project team communication plan. The quality management plan shall include an example quality control (QC)sheet for collecting quality assurance/quality control (QA/QC)comments from reviewers and include columns for comments, responses, and resolutions, signed and dated by the responsible Professional Engineer. Page 321 of 817 Deign Criteria Package JACOBS • A permitting plan identifying the permit needs, permitting agencies, permit submission requirements, and preparation and review times. Submit no later than 15 working days after the design phase NTP. Update regularly as necessary throughout the lifecycle of the project. • A construction risk management plan. Submit no later than 30 working days after the design phase NTP. Update regularly as necessary throughout the lifecycle of the project. • A procurement plan describing the approach to vendor and sub-contractor prequalification, evaluation, and selection and to self-performance, equipment procurement, subcontractor work packages, and a list of subcontractors to be used. Submit the draft plan no later than 30 working days after the design phase NTP. • A comprehensive safety plan for the construction work, including but not limited to, a hurricane/severe weather plan, ingress/egress to site and project-specific plans covering construction emergency response and site safety. Submit no later than 15 working days after the construction phase or Phase 2 NTP. • A project testing and commissioning plan. Submit no later than 15 working days after the construction phase NTP. As part of the planning activities, the SUCCESSFUL PROPOSER shall develop a detailed project schedule showing all design, procurement, equipment submittals, shop drawings, construction, testing, and start-up activities. Submit no later than 15 working days after the design phase NTP. Update regularly for further detailing and/or updating as necessary throughout the lifecycle of the project. b. Design Phase i. Design or Guaranteed Maximum Price Set (Phase 1) The SUCCESSFUL PROPOSER shall develop the design following the requirements laid out in this Design Criteria Package, in close cooperation with the CITY. Results of site surveys, drawings, and specifications shall be discussed with the CITY while being developed, and decisions will be made with the CITY on how to proceed. The intent is to have close coordination between the CITY and the SUCCESSFUL PROPOSER in a collaborative and transparent design process. The SUCCESSFUL PROPOSER shall determine the deliverables and detail of the design needed to develop a GMP and Risk Register. Therefore, the exact number of and level of detail on the drawings and in the technical specifications, as well as which site surveys are required, will be determined by the SUCCESSFUL PROPOSER during the negotiations of Phase 1. The deliverables during this phase shall be, as a minimum: • Design drawings, technical specifications, geotechnical report, and site surveys. As a general rule the CITY expects all computations will be made available for the records. • Value Engineering suggestions and constructability review. • Guaranteed Maximum Price (GMP) cost estimate, including technical and commercial assumptions and requirements. The GMP will be subject to a detailed review by the CITY in an iterative process. • Decision log and quantitative risk register. • A QC review conducted by the SUCCESSFUL PROPOSER prior to delivering the draft final documents to the CITY. The CITY reserves the right to request a third party to review the design documents. One electronic copy in Portable Document Format (PDF) and two hard copies of the above documents shall be submitted to the CITY for review and comments. A review workshop will be held to discuss the CITY review comments. Page 322 of 817 JACOBS Design Criteria Package ii. Final Design or Construction Set (Phase 2) After approval of the GMP and receipt of the Notice to Proceed for Phase 2, the SUCCESSFUL PROPOSER shall further detail and finalize the design for construction, addressing responses and/or resolutions to issues raised during the draft final design review workshop by the CITY and by regulatory agencies and covering elements of the GMP approval. The CITY reserves the right to request that the GMP be revised based on additional comments. The deliverables during this phase shall be, at a minimum: • Design drawings and technical specifications with a minimum list of anticipated drawings and specifications in the table below: Existing site layout General requirements specification(Div. 1) Demolition plan Structural concrete Demolition details(basically pictures cross-referenced Concrete doweling to the plan) Post-installed anchors Site plan with location of equipment Metal fabrications and grating Plan and sections of each generator Aluminum railings Pictures with buildings updated to reflect the required Painting and protective coatings changes Basic electrical requirements Structural plan and sections Electrical system analysis Architectural plan and details Basic electrical materials and methods Drainage plan and details Conductors Process&Instrumentation Diagrams(P&ID) Low-voltage diesel engine sets,controls,and engine Control block diagram paralleling switchgear Single line diagram Grounding and bonding of electrical systems Grounding plan Raceways and boxes Lightning protection plan Electrical testing Electrical site plan showing duct banks and duct bank Wiring devices details Lighting Electrical plans locating each electrical component Lightning protection systems Standard details for each discipline Demolition and site clearing General sheets Excavation and backfill Legend sheets for each discipline Curbs and gutters Notes sheets for each discipline Sidewalks,driveways,and asphalt paving Process piping,general and data sheets,and piping specialties Valves and operators Pipe leakage testing Process Instrumentation and Controls—general provisions Instrumentation and control components Application software Package control systems Pumps and motors Additional specifications and drawings may be requested as the project proceeds. • Updated decision log and risk register • A QC review conducted by the SUCCESSFUL PROPOSER prior to delivering the final documents to the CITY One electronic copy(PDF) and two hard copies of the above documents shall be submitted to the CITY and shall function as the Construction Set Page 323 of 817 Design Criteria Package JACOBS c. Permitting It is the responsibility of the SUCCESSFUL PROPOSER to apply for and obtain all permits as necessary to construct the project. The SUCCESSFUL PROPOSER shall also be responsible for managing the application process and for payment of permitting fees. Note that no CITY's planning and zoning reviews will be required. d. Topographical/Horizontal Control, Utility Location, Materials, and Geotechnical Surveys Limited as-built information is available for the northwest area of the East WTP site, including the location of above-ground and underground utilities and facilities, its condition, and the potential presence of lead paint, asbestos, and other hazardous materials. The SUCCESSFUL PROPOSER shall perform topographical, horizontal control, utility location, materials, and geotechnical surveys to confirm the presence, location, condition, and materials used as part of the design activities, and include the results in the design. The SUCCESSFUL PROPOSER shall provide the results of the hazardous materials survey to the CITY. If hazardous materials are present onsite, the CITY may decide to instruct the SUCCESSFUL PROPOSER to include the remedial works in the GMP or decide to contract with another specialized contractor. e. QA/QC It is the responsibility of the SUCCESSFUL PROPOSER to perform QA/QC on the deliverables to the CITY at draft final and final design level, as outlined above and in accordance with the QA/QC plan. The SUCCESSFUL PROPOSER shall make available the QA/QC logs if requested. The QA/QC logs shall include QA/QC comments and associated responses and actions taken to address the comments in a spreadsheet format f. Project Meetings and Progress Reports The SUCCESSFUL PROPOSER shall hold regular progress meetings throughout the project life cycle requiring the participation of the CITY, the CITY's agent, subcontractors and subconsultants, representatives of governmental agencies with jurisdiction in the project, and any others as requested by the CITY and SUCCESSFUL PROPOSER. All project meetings shall be held at 124 East Woolbright, Boynton Beach, Florida. The SUCCESSFUL PROPOSER shall prepare for the meeting, develop agendas, and presentations, and provide meeting minutes. The SUCCESSFUL PROPOSER shall use an internet-based project management tool, called e-Builder EnterpriseTM, as required by the CITY and as outlined in the RFQ document. The SUCCESSFUL PROPOSER shall prepare the monthly progress meetings covering the progress made during last month, Iookahead schedule for the next 3 months and any adjustments necessary to the overall project schedule. The progress report shall reference and support the monthly payment request. g. Equipment Procurement The SUCCESSFUL PROPOSER shall be responsible for procuring equipment and materials used during construction. The CITY may directly purchase the standby generators and related electrical gear from the vendor and take benefit of the available tax credit. However, the coordination, management, equipment insurances, warranties, equipment transport, offloading, and safely storing the equipment at the site shall remain the responsibility of the SUCCESSFUL PROPOSER. h. Construction Construction Phase services will include, but not be limited to, provision of all labor, supervision, management, materials, tools, equipment, temporary facilities, permits and permit coordination, utility coordination, scheduling and schedule management, subcontractor coordination, and all other services necessary to complete the Project in a timely manner and in accordance with the Page 324 of 817 JACOBS Deign Criteria Package requirements of this Design Criteria Package design documents to be developed by and permits to be obtained by the SUCCESSFUL PROPOSER. These services shall include, but are not limited to, the following: • Coordinate and manage the construction of the project covering all required appurtenances, necessary site improvements, and all other work required to make the project a complete and operable system that meets the performance requirements within the GMP budget and within the allotted time. This includes coordination with FPL and other utilities, if necessary. • Develop and monitor a project CPM schedule to be approved by the CITY at the beginning of the project and to be updated monthly. The duration shall match the anticipated project deadlines herein. If delayed, the SUCCESSFUL PROPOSER shall document reasons for any project delays and indicate how the project may be brought back on schedule or shall get written approval from the CITY to revise the schedule. • Identify, quantify, document, and implement project and construction risks, risk avoidance, reduction, and mitigation strategies as well as monitor and provide written input into a project risk register • Coordinate and comply with various applicable federal, state, and local agencies, as necessary • Obtain all required construction permits and approvals • Obtain a manufacturer's certificate that the equipment has been installed correctly and as per warranty conditions for all equipment supplied under this project. The equipment warranty shall be valid for 18 months after delivery to the site or 12 months after beneficial use, whichever is longer. • Maintain a comprehensive health and safety program and ensure subcontractors and vendors adherence to those programs, providing a safe working environment onsite for all project participants and visitors. This also includes implementation of the Construction Site Safety Plan to provide a safe working environment onsite for the project. • Execute and manage standardized project subcontract agreements and material and equipment purchase order agreements. Shopdrawing approvals shall be obtained from the CITY prior to ordering any materials and equipment. • Monitor and manage all quality controls on the Project site as well as maintaining quality controls over shop drawings, equipment, and materials • Conduct a pre-construction meeting with all the subcontractors performing the major elements of the work prior to the start of their work activities • Collaborate with CITY and CITY's agent to mitigate the cost and impact of any issues arising during construction • Review and process shop drawings and other submittals for submission to the CITY for approval in compliance with the project schedule. The shop drawing review by the CITY will be limited to general design requirements and design and equipment concept adherence and shall not relieve the SUCCESSFUL PROPOSER from the responsibilities of meeting the contract requirements. • Review and process all pay request applications from subcontractors and vendors and submit as part of the monthly pay request applications to the CITY for approval. The contract type shall be "open book," and the CITY reserves the right to audit any and/or all invoices from the vendors and subcontractors. • Conduct recurring progress and weekly activity coordination meetings with the on-site trade foremen and superintendents • Coordinate all compliance inspections by regulatory agencies, FPL, other utilities, and CITY representatives Page 325 of 817 Design Criteria Package JACOBS • Manage the operational verification and equipment startup and testing necessary for CITY to accept the completed project. Schedule and attend facility startup meetings prior to submitting the Facility Startup Plan to the CITY for review and approval. • Implement close out procedures necessary for the CITY to accept the overall project as being finally complete • Have responsibility for design and preparation of signed/sealed construction documents for permanent and temporary works as required. The design shall be performed under the responsible charge of and be signed and sealed by a competent Florida-licensed Professional Engineer. All construction drawings, specifications, and other applicable work products shall be approved by the CITY before construction starts for that component of the work. • Perform the facility startup, successfully bringing all processes constructed under the project online and supporting the plant staff in the initial operation • Furnish a training plan and schedule and make available manufacturers' representatives for detailed classroom and hands-on training for the CITY's personnel on O&M of specified product (system, subsystem, component)and as may be required in applicable specifications • Furnish trained, articulate personnel to coordinate and expedite training that will be present during training coordination meetings with the CITY and familiarize CITY personnel with O&M manual information • Furnish spare parts and tools as agreed with the CITY and complete training materials, to include O&M data, to be retained by each trainee • Transfer all equipment warranties to the CITY • Provide two full-size, red-lined hard copies and one electronic copy of the project record drawings and equipment/project O&M manuals. Record drawings shall be made available in PDF and .dwg format, as per the RFQ. i. Design and Construction Duration Assumed Phase 1 NTP Date 0 Preliminary Design 30 Intermediate Design 75 Purchase Order Generators 120 Draft Final Design and GMP available 120 Assumed Phase 2 NTP Date 150 Design at 100%Complete 180 Substantial Completion of Project 365 Final Completion of Project 400 Failure to meet the substantial and final completion milestones per the above schedule and the projected task durations will result in liquidated damages to be paid by the SUCCESSFUL PROPOSER to the CITY as described in the CITY's general conditions. As mentioned, the SUCCESSFUL PROPOSER is responsible for obtaining all permits needed for the project, and timely procurement of permits is critical for meeting the milestones as indicated in the table above. Page 326 of 817 JACOBS Design Criteria Package 6 Description of the Work a. Electrical and Instrumentation i. Narrative The existing 480 V, 3 phase Siemens switchboard SWBD-1 is located in the electrical room in the northwest corner of the East WTP site. It has an existing 3200 A electrical feed from an FPL- owned transformer, located outside, adjacent to the electrical room. The switchboard is also equipped with a 3000 A generator input. Standby power at the site is currently provided by a mobile generator that is connected to that generator input. The existing mobile generator shall be replaced with two new permanently installed generators: one, Tier 4, 625 kW unit and one, Tier 2, 1250 kW unit. Each new generator shall be housed in its own sound enclosure, have its own subbase fuel storage, and be connected to new generator synchronizing and paralleling gear, which in turn, shall be connected to the existing main switchboard to be monitored and/or controlled from WTP SCADA. The existing switchboard shall be modified to allow manual on/off/auto control at the panel. The modification shall be agreed upon with the CITY and original vendor Siemens. Since two new permanently installed standby generators shall be added, one new 3000 A GPG shall be provided to enable each generator to be used individually or both generators to be used in parallel. The new GPG shall use the existing SWBD-1 generator input to deliver generator power to the system. For that purpose, a hardwired communication interface between the existing SWBD-1 and new GPG shall be provided per the manufacturer's recommendations. All critical control and status signals between the plant PLC, GPG, existing switchboard and switchboard PLC, and new generators shall be hardwired. The control system shall be capable of local system manual control and fully automatic control. The control system shall contain all equipment necessary to monitor and control new generator system with all inputs and control parameters from the control center. The equipment shall be grounded and protected from lighting strikes as per the NEC standards and Florida building codes. The SUCCESSFUL PROPOSER shall procure an arc flash study for the site and submit the results to the CITY for direction on the findings. The electrical one line diagram, block diagram, and electrical site plan are included in this Design Criteria Package and provide a depiction of the above functional description. These drawings are provided as an indication of the scope of work. The SUCCESSFUL PROPOSER will be responsible for all design. ii. Design Criteria Major Equipment Please refer to the appendices of this Design Criteria Package for cutsheets of the intended major equipment. A summary is provided in the table below. No "Or Equal" material or equipment shall be installed without written approval by the CITY. The cutsheets were obtained from TAW Power Systems Inc., located in Pompano Beach, FL. 625 kW Diesel Generator Make/Model:Volvo Penta, CK780VM Size:625 kW @ 0.8 PF,60 Hz, 3 Phase, UL 2200,277/480 Volt EPA rating:Tier 4. EPA certified Enclosure:sound enclosure,aluminum, 181 MPH wind rating Fuel system:600 gallons fuel double-walled tank Noise limitation: <85 dba at one meter from enclosure Page 327 of 817 Design Criteria Package JACOBS 1250 kW Diesel Generator Make/Model: Kohler, KD1250 Size:625 kW @ 0.8 PF,60 Hz, 3 Phase, UL 2200,277/480 Volt EPA rating:Tier 2 rating Enclosure:sound enclosure,aluminum, 181 MPH wind rating Fuel system: 5808 gallons fuel double-walled tank Noise limitation: <85 dba at one meter from enclosure Paralleling Gear for Generators Make/Model: Kohler, PD-series 1 with Siemens sections (GPG) Size: 3000 A bus, 3 Phase,4W,65kAIC, UL891 Rating enclosure: NEMA 4X Three sections with electrically operated,fixed mounted breakers sized at 1200 A,2000 A and 3000 A Existing Siemens Main Switchboard Modify to allow manual control at panel SWBD-1 The cable conduits between the different types of equipment shall allow for at least one extra power and one communication cable. iii. SCADA Integration The GPG controller and power management applications, including but not limited to, generator load demand and load bus optimization, shall be used to maximize load distribution and control generator efficiency based on actual power measurements as well as to provide sequence transfer verification and performance measurement. Detailed diagnostic data, such as alarm and event logs and system status values from digital controls at the GPG, shall be available via communication at the existing Plant SCADA system. As a result of integration, operators can be notified of equipment status either via alarms on the local gea, or at a remote SCADA screen. Generator monitoring and control functions that shall be provided at SCADA level will include: 1) Monitoring electrical values (voltage, current, and power)of each generator bus and breaker statuses 2) Monitoring each generator running and trouble statuses 3) Selecting grid power or standby power 4) Selecting emergency power source that is required, which generator will start, or if both generators shall run together 5) Load shedding All modification on the existing VT SCADA screens and database shall follow the existing SCADA standards and existing screen representations as directed by the CITY. b. Site Civil i. Narrative The new generators shall be located adjacent to the existing switchboard SWBD-1 at the northwest corner of the East WTP site. A new reinforced concrete slab, with approximate dimensions of 42.5 x 30 feet, shall be constructed north of the existing building to support the standby generators and GPG. To allow slab construction, some existing structure demolition and equipment removal is needed, including but not limited to, the diesel storage tank and related canopy structure, FPL vault and related abandoned electrical panels, cables and equipment, diesel fill line adjacent to diesel storage tank and conduits, reinforced concrete slabs, drainage manhole and piping, concrete platform and stairs, underground structures and utilities, and any other facilities not specifically called out on the demolishing drawing included in this Design Page 328 of 817 JACOBS Design Criteria Package Criteria Package. The existing FPL transformer, supporting reinforced concrete slab, and conduits connecting to the electrical room shall remain as is. Both new generators have integrated subbase fuel tanks that shall be supported from the reinforced concrete slab. Access to the fill points of the tanks shall be provided without excessive maneuvering. The conceptual layout is included in this Design Criteria Package. Each generator shall be housed in their own enclosure with doors for access for operation and maintenance. The 1250 kW generator has a walk-in enclosure with access doors located approximately 3 feet above the top of the reinforced concrete slab due to the subbase tank. The 625 kW generator has access panels accessible from the reinforced concrete slab. To allow safe entry into the enclosure of the larger unit, a stairway and access platform shall be provided at either side of this generator stretching across both access points. The existing drainage in this area needs to be maintained and new drainage facilities shall be provided for this area of the site, sloped away from the building and equipment and be compliant with regulations. The generators shall be installed in a north-south orientation and located next to each other, with the GPG located just north of the new 625 kW generator and on top of an existing electrical box. Cables between the GPG and electrical room can be run through existing underground conduits, as shown on the cable routing drawings. The orientation of the generators shall be such that the radiators will have an intake and discharge away from the building. Clearance shall be provided around the generators for proper access. The design of the SUCCESSFUL PROPOSER shall provide details of the exact location and measurements of equipment and the preferred cable routing. The annotated demolition and layout drawings are included in this Design Criteria Package and provide an overall graphical representation of the above site demolition and layout description. The SUCCESSFUL PROPOSER shall first offer abandoned equipment and/or materials to the CITY and salvage, make safe, and transfer to a location onsite determined by the CITY. If the CITY does not want to salvage the abandoned equipment and/or materials, the SUCCESSFUL PROPOSER shall remove and dispose of them offsite. The SUCCESSFUL PROPOSER shall be responsible for temporary work areas, structures, and materials/equipment Iaydown areas and coordinate with the CITY their locations and space requirements. The SUCCESSFUL PROPOSER shall also be responsible for temporary utilities to the temporary structures and Iaydown areas and to components constructed for this project. As a minimum, this shall include trash and debris removal service, electrical power, diesel, water services, sanitary facilities, telephone, and internet services. Disturbed areas shall be returned to their original state, before construction, at a minimum. The CITY may elect to upgrade the landscaping. ii. Design Criteria Access platforms Design details by SUCCESSFUL PROPOSER,compliant with OSHA, IBC,ASME, AWS and local codes Type: permanent installation Minimum width stairs and access platform: 3.0 ft Load rating:60 psf minimum and 250 IB point load, per OSHA Acceptable vendor: ErectaStep or equal c. Structural/Architectural i. Narrative As mentioned, a new, reinforced concrete equipment supporting slab, with approximate dimensions of 42.5 feet x 30 feet, shall be constructed north of the existing building to support the standby generators and GPG. The design of the slab shall be based on the intended equipment loads and geotechnical report. Page 329 of 817 Design Criteria Package JACOBS The existing entrance to the pump station building will have to be changed to make space for the new reinforced concrete equipment supporting slab. The existing stairs and platform will have to be removed and a new platform built with stairs located further east than the existing stairs (refer to the layout drawing). The pump station building fagade needs to be reinstated to original or CITY-approved alternate architectural theme. ii. Design Criteria Concrete slab Design details by SUCCESSFUL PROPOSER,to be compliant with ASTM and ACI standards Type: reinforced concrete Thickness slab: 16 inches minimum Reinstatement building(after removal Design details by SUCCESSFUL PROPOSER,to be compliant with OSHA and FPL vault) other applicable standards Architectural fagade of building to be reinstated Entrance to existing pump station is to be modified d. Reasonably implied parts of the project Any part of the project that is necessary to make each installation satisfactory and legally operable, even though it is not specifically included in this Description of the Project, shall be performed by the SUCCESSFUL PROPOSER as incidental work as if it was described in this section of this Design Criteria Package. 7 Applicable Codes and Standards The SUCCESSFUL PROPOSER shall provide services in compliance with all regulations and guidelines created by the City of Boynton Beach, Palm Beach County Environmental Protection Department, State of Florida, South Florida Water Management District, Florida Department of Environmental Protection, Occupational Safety and Health Administration, and other regulatory agents applicable to this project, including but not limited to: • National Electrical Code (NEC) • State Fire Marshal and NFPA • Underwriters' Laboratories (UL) • National Electrical Safety Code (NESC) • American National Standards Institute (ANSI) • National Electrical Manufacturer's Association (NEMA) • National Electrical CONTRACTOR'S Association (NECA)Standard of Installation • Institute of Electrical and Electronics Engineers (IEEE) • Insulated Cable Engineers Association (ICEA) • Occupational Safety and Health Act (OSHA) • National Electrical Testing Association (NETA) • American Society for Testing and Materials (ASTM) • Florida Building Code, including Broward County amendments • American National Standards Institute (ANSI) • Instrument Society of America (ISA) • American Society of Mechanical Engineers (ASME) • American Welding Society (AWS) Page 330 of 817 JACOBS Deign Criteria Package 8 Design Requirements a. As-built Information There are no record drawings or O&M manuals for this area of the site, and there is limited information available on existing underground structures and utilities. The CITY does not assume responsibility for the accuracy of provided above ground and underground infrastructure information. It is the responsibility of the SUCCESSFUL PROPOSER to confirm location of existing above-ground and underground utilities and facilities. b. CADD standards All submitted design drawings for the project shall be submitted at the end of the project in AUTOCAD format. c. Review meetings design deliverables Design deliverables shall be discussed at review meetings with the CITY at the Utility Building along Woolbright Drive, which will be attended by the SUCCESSFUL PROPOSER and its subcontractors and equipment vendors, the CITY and the CITY's agents. d. Design responsibility This is a PDB project and the information and design suggestions presented provide the proposers with a definition of the project. The SUCCESSFUL PROPOSER will be fully responsible for the design and may alter, modify or otherwise upgrade the design to the benefit of the CITY. All design will be subject to review by the CITY. 9 Construction Constraints • The existing mobile generator shall continue to be available for standby power generation during the construction, until the new generators have been installed and successfully tested. Construction activities shall not under any circumstance interrupt the daily potable water production operation of the East WTP and the availability of the standby generator. The switchover from the existing mobile generator to the new generator shall be done within 24 hours. • It may be necessary to perform certain parts of construction work outside normal working hours in order to avoid undesirable plant and/or equipment outages and other conditions as determined by the CITY. • Any work within the existing switchboard SWBD-1 that requires de-energizing the transformer and/or main switchboard, and therefore affects the water treatment process, shall be planned in detail, discussed and agreed with the CITY two weeks in advance and shall be limited to a duration of 4-hours. During that time the CITY will rely on storage in the system, but it is essential that the treatment process and pumping continues after that. • Due to limited space onsite, offsite parking is required for employees of the SUCCESSFUL PROPOSER and its subcontractors and equipment vendors. The proposed parking area, as well construction staging areas are to be agreed with the CITY prior mobilization of equipment, materials or personnel to the site. • The CITY will provide temporary site access badges to employees of the SUCCESSFUL PROPOSER and its subcontractors and vendors. The CITY will require specific information of each of its employee for a background check. The CITY is the sole judge on access badges issuance. • The detailed construction sequence is to be developed by the SUCCESSFUL PROPOSER, and agreed with the CITY, however the suggested general approach is outlined below: — Existing equipment and structures decommissioning and removal — Major equipment foundation slab construction — Major equipment and associated cables installation, and make connections Page 331 of 817 Deign Criteria Package JACOBS — Make SCADA changes to accommodate new equipment — Testing of new installed— not-connected —equipment — Switchover at SWBD-1 from existing to new generators — Continue testing of new installed —connected —equipment — Removal of existing mobile generator — Cleaning up and reinstatement of site and buildings The above-suggested sequence of construction is not all inclusive and is intended to provide the Contractor with suggestions on construction sequencing and the CITY requirements to be considered for the project schedule. The sequence of construction and project schedule shall be subject to the CITY review and approval. • Other Contractors, FPL, and the CITY may perform other work onsite. The SUCCESSFUL PROPOSER shall cooperate with coordinating construction and operations work with other contractors onsite and CITY to provide least interference with the CITY's operations. The SUCCESSFUL PROPOSER shall abide by the CITY's decision made in relation to this coordination without additional costs to CITY. • The SUCCESSFUL PROPOSER acknowledges that work will be performed at an operational water treatment plant and shall take all precautions to avoid any interference and damage to existing structures, equipment and utilities. Any relocations, crossings and connections with existing infrastructure need to be done in coordination with the CITY. and/or10 Services Provided by the CITY CITY's Representative a. Project management through a project manager who will represent the CITY as the technical representative and serve as a liaison with the CITY's Representatives b. Review of the Project Design c. Value Engineering of the Project Design d. Witness Factory Acceptance Testing of the equipment, at will of the CITY with at least 2 weeks' notice prior to testing e. Shop drawing submittal review during construction f. Request for additional information (RFIs) responses during design and construction g. Construction observation and inspections of the project, at will of the CITY h. Witness and participation in Site Acceptance Performance Testing of the equipment and systems onsite, at will of the CITY with at least 2 weeks' notice prior to testing i. Participation of the CITY's Tax Saver Program for the purchase of goods and vendors required for the completion of the project j. Copies of any available record drawings and O&M manuals k. Issue Phase 1 and Phase 2 NTP The design and shopdrawing submittal reviews and witnessing of tests by the CITY does not relief the SUCCESSFUL PROPOSER from the design responsibility as professional engineer and the construction responsibility as design-builder to build the project in accordance with the design documents and both notices to proceed. 11 SCADA Integrator The SUCCESSFUL PROPOSER shall use a system integrator named by the CITY for the SCADA programming and SCADA screen changes. The SCADA software at the East WTP is VT SCADA. Page 332 of 817 Page 333 of 817 Page 334 of 817 Page 335 of 817 M J ZW U ULL M w J O r20 V } N W �� LLl s� 2' H s i t 2 j -Lu a H LU z awoa g W O p n 0O YZ0Z J U W LL K N o U' OWZO Q Z D n U w� O p ��i, � O w�z� v W N t i t:. Y qp sed Y Z Z Z—O. 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Mo ....� ....... .... w _ p �i o p a rcrc op LLI ......... ...... ........ ........ .___ J LL m Q¢Z J d 2U_ m O a Page 345 of 817 Page 346 of 817 Page 347 of 817 TAW POWER SYSTEMS, INC. 1500 NW 15th Ave Pompano Beach, FL 33069 ftvq TAW (954) 668-7247 - (800) 876-0990 Tim.Grad TAWinc.com Kohler Generator Systems Distributors KOHLER POWER SYSTEMS DISTRIBUTOR FOR ALABAMA, SOUTH GEORGIA, FLORIDA, LOUISIANA AND MISSISSIPPI Date: 10/24/2018 Offer No: GP1810-0111 To: TOWN OF BOYNTON BEACH UTILITIES Contact Cell #: 954-668-7247 Att: Michael Low Contact: Tim Grady Project: Tier 4 625kw standby One New CK POWER Model CK780VM-TIER 4 FINAL , EPA Certified Diesel Generator Set 625kW, @ 0.8 PF, 60 Hz, 3 Phase, UL 2200, 277/480Volt CONTROLLER: Controller meets NFPA 110 SUPPLIED BY OTHERS Off-loading @ Job Site ENCLOSURE: Installation of System Sound /Aluminum Supply of Fuel Critical Silencer Fuel & Electrical Piping 181 MPH Wind Rated All Infrared, V Party and NETA Testing by Others COOLING: Unit Mounted Radiator Block Heater 208 Volt, 2500 Watt TOTAL NET LOT: FUEL SYSTEM: Flexible Fuel Lines Base 600 gallon Fuel and DPF tank for 17hrs run time ESTIMATED LEAD TIME: GENERATOR ACCESSORIES (Electrical): 13-14 weeks after release of order. This estimated Line Circuit Breakers: lead time is subject to change daily due to availability. 3 Pole, Electronic LSI , 1000 Amp ENGINE ELECTRICAL ACCESSORIES: F.O.B. FACTORY, FREIGHT ALLOWED TO JOB SITE. Battery Rack and Cables SALES TAX NOT INCLUDED. Starting Battery, Lead Acid Battery Charger: 10 Amp CONTROLLER ACCESSORIES LOOSE: Regards, Remote Emergency Stop, Break Glass Remote Annunciator Panel TAW Power Systems, Inc. Converter RS232/RS485 ADDITIONAL ACCESSORIES: Tim Grady Certified Factory Test @ 0.8 P.F. Senior Sales Engineer 1 Engine, Generator Parts, Maintenance Manual 1 Electronic Manual Vibration Isolators: Internal OFFER VALID FOR 30 DAYS FROM THIS OFFER DATE 1 Year Basic Warranty (LISTED ABOVE). Initial Start Up and Check Out of System On Site Testing (Load Bank) EXCEPTIONS/CLARIFICATIONS/NOTES: Delivery, start up, and load testing are quoted as during AUTOMATIC TRANSFER SWITCH: normal business hours. If after hour, weekend, or holiday None Quoted Page 348 of 817 work hours are required, the Contractor will be responsible for the overtime differential unless otherwise noted. COMPANY OFFER BASED UPON: AUTHORIZED SIGNATURE Electrical Drawings and Notes TITLE NOTE: TAW's STANDARD TERMS and CONDITIONS apply to all offers for purchase and any purchase orders accepted by TAW.You may find a copy under the terms and conditions section at TAWINC.com or PRINT NAME DATE please contact our office at 800-456-9449 and we will forward you a copy.TAW will transmit a written delivery schedule based on the manufacturer's confirmation,approximately fifteen(15)days after product release. Also included will be the related progress invoice TERMS & CONDITIONS ACKNOWLEDGED: values based on material shipments. All TAW offers,plans,specifications,and technical drawings are copyrighted works and contain proprietary know-how of TAW,and Buyer has no right to INITIAL reproduce,distribute or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. (OFFER ACCEPTANCE BELOW) Page 349 of 817 0�0000000000wct K11 Jim wlog � ��NO CKT780VM-T4 FINAL TIER 4 MOBILE RENTAL POWER � r ���� s r?t i 1G t !a �uy����('t���s�l i l tp, F d51 l (S 7 S tts t�ttA Alii} t sof �ti) �a 1{S it},� h til ! ����� V01���.�� eek owerwm ��� 77�� f} �i4f it tUiUSr >> i4k��N`eir r ii� n1 s f - Industrial Trailer-Mounted d Fire 'Tier 4 Generator Sets Ratings Range: 60HZ (3 phase/ .8 power factor) Prime: 550 M/ 680 kVA Standby: 625 kW / 780 kVA z Features: Options: ■ Volvo Penta TWD1673 Tier 4 Final ■ Battery charger EPA/CARB Certified ■ Circulating type block heater ■ Does not require regeneration ■ Camlock load connection ■ DOT approved trailer, Electric brakes and ■ RACOR fuel/water separator single torflex axle ■ Auxiliary rental/ convenience receptacles ■ 600 gallon, 16 Hour run time @ 100% load Battery disconnect ■ Built with galvannealed steel ■ Ship to shore ■ Rust prevention hardware (latches, hinges) ■ Trailer mounted storage box ■ Marathon generator on the standard package, ■ Fire extinguisher Stamford optional ■ DC LED interior enclosure lighting ■ Standard configuration: Dedicated Voltage ■ Power Distribution is through single pole Control Systel camlock or lug connection ■ CK/Deep Sea custom controls ■ Standard 20 amp 120 volt convenience ■ Easy to use custom configuration receptacle included on the unit ■ Monitors engine run hours, coolant ■ All components are UL1446 certified, CSA temperature oil pressure, battery voltage certified optional and fuel level, as well as voltage, amperage, ■ Fork pockets and transportation tie downs and frequency of the generator ■ Lockable storage ■ Auto start capable for all standby applications ■ Level 1 sound attenuation: 70 dBA @ 23 ft. *CK Power specification subject to change without notice. *Not responsible for typographical errors. All prices and specifications are subject to change without prior notice. All prices are confidential. O j, 0�0000000000wct K11 Jim log ��NO D S E 73 1 0/20 ENVIRONMENTAL TESTING STANDARDS ELECTRO-MAGNETIC COMPATIBILITY BS EN 61000-6-2 UTO START & AUTO MAINS EMC Generic Immunity Standard for FAILURE CONTROL MODULESBS EN 61Indus1000-rial 64ronment EMC Generic Emission Standard for the Industrial Environment FEATURES ■■■■■■ ELECTRICAL SAFETY BS EN 60950 Safety of Information Technology Equipment, including Electrical Business Equipment The DSE7310 is an Auto Start The DSE7320 will also monitor the The extensive list of features TEMPERATURE Control Module and the DSE7320 is mains(utility)supply.The modules includes enhanced event and BS EN 60068-2-1 an Auto Mains(Utility)Failure include USB,RS232 and RS485 performance monitoring,remote Ab/Ae Cold Test-30°C BS EN 60068-2-2 Control Module suitable for a wide ports as well as dedicated communications,PLC functionality Bb/Be Dry Heat 70°c variety of single,diesel or gas, DSENetO terminals for system and dual mutual standby(DSE7310 VIBRATION gen-set applications. expansion. only)to reduce engine wear. BS EN 60068-2-6 Ten sweeps in each of three Monitoring an extensive number of Both modules are compatible with The modules can be easily major axes 5 Hz to 8 Hz @+/-7.5 mm, engine parameters,the modules will electronic(CAN)and non-electronic configured using the DSE 8 Hz to 500 Hz @ 2 gn display warnings,shutdown and (magnetic pick-up/alternator Configuration Suite PC software. HUMIDITY engine status information on the sensing)engines and offer an Selected front panel editing is also BS EN 60068-2-30 back-lit LCD screen,illuminated extensive number of flexible inputs, available. Db Damp Heat Cyclic 20/55°c LEDs,remote PC and via SMS text outputs and extensive engine @ 95%RH 48 Hours BS EN 60068-2-78 alerts(with external modem). protections so the system can be Cab Damp Heat Static 40°c easily adapted to meet the most @ 93%RH 48 Hours demanding industry requirements. SHOCK BS EN 60068-2-27 Three shocks in each of three major axes 15gnin11mS DEGREES OF PROTECTION PROVIDED BY ENCLOSURES BS EN 60529 COMPREHENSIVE FEATURE LIST TO SUIT IP65ol panel with supplied installed into the control panel with the supplied sealing gasket. WIDE VARIETY OF GEN-SET APPLICATIONS MODEM MODBUS PC DSE2130 DSE2157 + DSE2548 8 )0' 4 a DSE2510/20 l 232;: 485 DSENEi® RS232 AND USB CONFIGURABLE DC OUTPUTS ANALOGUE EMERGENCY DC POWER EXPANSION RS485 PORT INPUTS SENDERS STOP SUPPLY 8-35V + DSE7310/20 E RP R, / 1f� OTHER SCANM MAINS(UTILITY) N/C VOLT FREE N/O VOLT GENERATOR SENSING CHARGE RIEL&CRANK ELECTRONIC SENSING OUTPUT FREE OUTPUT ALTERNATOR OUTPUTS ENGINES& DSE7320 ONLY (Flexible with CAN), MAGNETIC PICKUP VOLTSr� CURRENT VOLTS D+ i� ri -4�- O W/L %M iph 1 1 iph iph 2ph 2ph 2ph 3ph 3ph 3ph N E N ENZI N C �`= "- Fa CE IPC E IU US DSE7310/20 SPECIFICATION DO SUPPLY AUTO START &AUTO MAINS CONTINUOUS VOLTAGE RATING 8 V to 35 V Continuous MODULESFAILURE CONTROL CRANKING DROPOUTS Able to survive 0 V for 50 mS,providing supply was at least 10 V before dropout and FEATURES supply recovers to 5 V.This is achieved DSE7320 without the need for internal batteries. ■■■■■■ LEDs and backlight will not be maintained during cranking. DSE7310 MAXIMUM OPERATING CURRENT - - 340 mA at 12 V,160 mA at 24 V MAXIMUM STANDBY CURRENT 160 mA at 12 V,80 mA at 24 V s - - CHARGE FAIL/EXCITATION RANGE © 0Vto 35V 'tlSAINS(UTILITY)DSE7320''ONLY VOLTAGE RANGE 15 Vto 415 VAC(Ph to N) 0 26 Vto 719 VAC(Ph to Ph) FREQUENCY RANGE KEY FEATURES - Reverse power(kW&W Ar) - DSENet°expansion compatible 3.5 Hz to 75 Hz • 4-Line back-lit LCD text display protection - Heated display option available • Five key menu navigation - LED d LCD alindication OUTPUTS P g anarm catOUTPUT A(FUEL) • Front panel editing with PIN - Power monitoring(kW h,W Ar,W KEY BENEFITS 15 A DC at supply voltage protection A h,W Ar h) - 132 x 64 pixel ratio display for OUTPUT B(START) • Customisable status screens - Load switching(load shedding clarity 15 A DC at supply voltage • Power save mode and dummy load outputs) - Real-time clock provides accurate • Support for up to three remote - Automatic load transfer(DSE7320) event logging OUTPUTS C&D display units - Unbalanced load protection - Multiple date and time scheduler 8 A 250 V(Volt free) • 9 configurable inputs - Independent Earth Fault trip - Set maintenance periods can be AUXILIARY OUTPUTS E,F,G,H • 8 configurable outputs - True dual mutual standby with load configured to maintain optimum 2 A DC at supply voltage • Flexible sender inputs balancing timer(DSE7310 only) engine performance GENERATOR • Configurable timers and alarms - USB connectivity - Ethernet communications(via VOLTAGE RANGE • 3 configurable maintenance - Backed up real time clock DSE855 module),provides 15 Vto 415 VAC(Ph to N) alarms - Fully configurable via DSE advanced remote monitoring 26 Vto 719 VAC(Ph to Ph) • Multiple date and time scheduler Configuration Suite PC software - Modules can be integrated into FREQUENCY RANGE • Configurable event log(250) - Configurable display languages building management systems 3.5 Hz to 75 Hz • CAN engine support - Remote SCADA monitoring via (BMS) MAGNETIC PICK UP • Integral PLC editor DSE Configuration Suite PC - Increased input and output VOLTAGE RANGE • Easy access diagnostic page software expansion capability via DSENet® +i-0.5 Vto 70 V • CAN and Magnetic Pick-up/Alt. - User selectable RS232 and RS485 - Licence-free PC software FREQUENCY RANGE sensing communications - IP65 rating(with supplied gasket) 10,000 Hz(max) • Fuel usage monitor and low fuel - Configurable Gencomm pages offers increased resistance to WMENSIONS alarms - Advanced SMS messaging water ingress OVERALL • Charge alternator failure alarm (additional external modem - PLC editor allows user 240 mm x 181 mm x 42 mm • Manual speed control(on required) configurable functions to meet 9.4"x 7.1"x 1.6" compatible CAN engines) - Start&stop capability via SMS specific application requirements PANEL CUT-OUT • Manual fuel pump control messaging 220 mm x 160 mm • Engine exerciser - Additional display screens to help 8.7"x 6.3" • "Protections disabled"feature with modem diagnostics MAXIMUM PANEL THICKNESS • kW&W Ar protection - Idle control for starting&stopping. 8 mm 0.3" K:PEP§A"4"8Nt`TEMPEP§A7P,RE RANGE PELTED MATERIALS -30°C to+700C TITLE PART NO'S DSE7310 Installation Instructions 053-028 S";`KDrdAGE TENIPEPIATURE RANGE DSE7320 Installation Instructions 053-029 -40°C to+800C DSE7200/7300 Quick Start Guide 057-101 DSE7200/7300 Operator Manual 057-074 DSE7200/7300 Configuration Suite PC Manual 057-077 ....... _n -- = m .... _... 0 C) m/ O UJ l zTm z T i'+ v r�l�) O OO Y G) M �f � Tt, l$tit m a,. r , C) - .. 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D 0 r z m m cn —, ------------ n. ...____ ........ .............................. 00 mo Ln z G) 0 Z M — v Z ;u 0 00 Om ;u r- m C/) C) cn "40 00 I C) 0 r cu >CU 0 m m z 00 X b Z Fn 0 m C/) 0 Z: 00 > C/) G) c 0 m z Cf) cu 0 z 0 m m C) C) m z -— image-355-�6ge-355 ot-84 00 mo Lnz Om zu z � ;uO 00 M G) m cnn o� ss m �r a= N N O j J Q N C N _0 �' O EF a N N as J a= 1 F� � i CD 4 N d N— J DXXXCI z xzo comm _. 0 Xo0�Nz How =m CO Q. o cn m Cl)(Pz > j 0 m '� mm OD r r D o m L D _e.. r o- m -Z 0 Po m achm O y CCD D �y;DN r" •'0 m�Oo a O Cq 3oXm Cn wo �� m O W Z N O O 1 m � Fn < 1 O Z� C-) � " T k A:/� O D N O I 10m � C.) �r ON �m m m NEZ cn [ m r .... m: m s 0CO C A co 6.- .....,.,......d.... �.....,..�....._. ,ww I _._ 5 age-356 bf TAW POWER SYSTEMS, INC. 1500 NW 15th Ave Pompano Beach, FL 33069 ftvq TAW (954) 668-7247 - (800) 876-0990 Tim.Grad TAWinc.com Kohler Generator Systems Distributors KOHLER POWER SYSTEMS DISTRIBUTOR FOR ALABAMA, SOUTH GEORGIA, FLORIDA, LOUISIANA AND MISSISSIPPI Date: 12/08/2018 Offer No: GP1811 0103 To: BOYNTON BEACH UTILITIES Contact Cell #: 954-668-7247 Att: MICHAEL LOW Contact: Tim Grady Project: Boynton Beach Utility parallel 1250KW UNIT One New KOHLER Model KD1250, EPA Certified Diesel Generator Set 1250kW, @ 0.8 PF, 60 Hz, 3 Phase, UL 2200, 277/480Volt CONTROLLER: None quoted APM802 Controller meets NFPA 110 PARALLEL GEAR: (1) MASTER AND GENERATOR CONTROL ENCLOSURE: (1) PARALEL BREAKER 2000AMP Sound /Aluminum (1) PARALEL BREAKER 1000AMP Critical Silencer (1) DISTRIBUTION BREAKER 3000AMP 181 MPH Wind Rated COOLING: Unit Mounted Radiator Block Heater 208 Volt,1 X 9000Watt ESTIMATED LEAD TIME: 20-22 weeks after release of order. This estimated FUEL SYSTEM: lead time is subject to change daily due to availability. Flexible Fuel Lines Base FDEP Fuel Tank gallons 5808 48 HOURS F.O.B. FACTORY, FREIGHT ALLOWED TO JOB SITE. GENERATOR ACCESSORIES (Electrical): Line Circuit Breakers: SALES TAX NOT INCLUDED. 3 Pole, Electronic LSI , 2000Amp ENGINE ELECTRICAL ACCESSORIES: Battery Rack and Cables Regards, Starting Battery, Lead Acid TAW Power Systems, Inc. Battery Charger: 10 Amp CONTROLLER ACCESSORIES LOOSE: Tim Grady Remote Emergency Stop, Break Glass Senior Sales Engineer Remote Annunciator Panel Converter RS232/RS485 ADDITIONAL ACCESSORIES: OFFER VALID FOR 30 DAYS FROM THIS OFFER DATE Certified Factory Test @ 0.8 P.F. (LISTED ABOVE). 1 Engine, Generator Parts, Maintenance Manual EXCEPTIONS/CLARIFICATIONS/NOTES: 1 Electronic Manual Delivery, start up, and load testing are quoted as during Vibration Isolators: Internal normal business hours. If after hour, weekend, or holiday 2 Year Basic Warranty work hours are required, the Contractor will be responsible Initial Start Up and Check Out of System for the overtime differential unless otherwise noted. On Site Testing (Load Bank) AUTOMATIC TRANSFER SWITCH: OFFER BASED UPON: Page 357 of 817 Electrical Drawings and Notes TITLE NOTE: TAW's STANDARD TERMS and CONDITIONS apply to all offers for purchase and any purchase orders accepted by TAW.You may find a copy under the terms and conditions section at TAWINC.com or PRINT NAME DATE please contact our office at 800-456-9449 and we will forward you a copy.TAW will transmit a written delivery schedule based on the manufacturer's confirmation,approximately fifteen(15)days after product release. Also included will be the related progress invoice TERMS & CONDITIONS ACKNOWLEDGED: values based on material shipments. All TAW offers,plans,specifications,and technical drawings are copyrighted works and contain proprietary know-how of TAW,and Buyer has no right to INITIAL reproduce,distribute or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. 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H 0 Z Z N N F r m W a N N o a LL f N H m O Q Y J [� 00 LLO cc LLI m 0 O� 101 ro - 0 o z o�o� a G _ 0®- I I ----- ON3 HOlVNU31lV o 00 cc, 0 o 006-2821-20/TP - EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD Opening Date: January 24, 2020 12:00 PM Closing Date: February 25, 2020 2:30 PM Vendor Details Company Name: Globaltech, Inc. 6001 Broken Sound Parkway Address: Suite 610 Boca Raton, FL 33487 Contact: T Allen Email: tallen@globaltechdb.com Phone: 561-997-6433 HST#: 65-0577611 Submission Details Created On: Tuesday February 04,2020 10:48:07 Submitted On: Tuesday February 25,2020 13:26:51 Submitted By: T Allen Email: tallen@globaltechdb.com Transaction#: 028f3935-e1 c9-4961-b66a-587beb606c91 Submitter's IP Address: 67.14.252.82 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bid Number: 006-2821-20/TP Vendor Na% GI :3/UeOt'�"I� 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* "Comments Is your company a Minority Owned business? No No Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority No No 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 Proposer's February 25, 2020 primary qualifications and a firm commitment to provide the proposed services. City of Boynton Beach Utilities Administration Building 124 E. Woolbright Road P.O. Box 310 Boynton Beach, FL 33435 Subject: RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement Progressive D/B Services Selection Committee Members: The Boynton Beach East Water Treatment Plant, processing 24 million gallons of water per day, is a crucial element in the health and well-being of its local citizens. Globaltech, an award-winning design-build firm with experience at integrated project delivery as well as experience working with the City of Boynton Beach's (City) infrastructure and staff, is eager for the opportunity to assist the City in keeping this vital resource in its optimum state. Globaltech has firsthand experience with the City's facilities and operations having worked with the City on various projects for 25+ years. We are knowledgeable about the City's East and West water treatment plants, and are currently involved in ongoing projects with the City. Because of our experience working with the City at your facility, we offer a seamless transition to working with staff on this project. We are excited to submit our qualifications for your Generator Replacement Project. Our proposal illustrates that Globaltech has a successful history of providing design, planning, permitting, construction and commission services for progressive design/build projects with numerous clients including City and County utilities. We have submitted five (5) representative project profiles which demonstrate our experience at not only managing large design-build programs but specific generator and switchgear projects such as this. Crucial Factors for the Success of the City's Project We have reviewed the City's Request for Qualifications and the Design Criteria Package, and thoroughly understand what is required to achieve success on this project. The City requires the services of a seasoned design-build firm that will work collaboratively with team members and staff to deliver the emergency generator upgrades with limited, planned interruptions to service at the East WTP. Globaltech has extensive design-build experience delivering just these kinds of projects under challenging conditions at operational facilities. GLOBALTECH: A Design-Build Company More than a design-build "team," Globaltech, Inc., is a vertically integrated, design-build company housing design, estimating, procurement, construction, and administrative professionals under one roof— and we've been serving municipal water and wastewater utilities this way for more than 20 years. Our full-service capabilities include conceptual planning, design, permitting, engineering services during construction, construction, and commissioning. To date we have completed over 250 design-build projects with a total value of more than $100,000,000. All of these projects are of a similar size and composition as the projects for which this RFQ contemplates. Design-build is in our DNA. As a licensed professional engineering firm and a state certified contractor in five categories, including General Contractor, we meet the definition of an integrated design- build entity in the state of Florida. Additionally, we have the financial wherewithal to deliver this project as evidenced in our proposal. At Globaltech, we typically self-perform Bid Number: 006-2821-20/TP Vendor Nargageo�aIjeccy,�I� over 75% of our design-build work employing our own talented resources. We are known among our existing clients for our technical expertise and our quality work. To our experienced staff we add: Energy Efficient Electric, Inc. (EEE) as a collaborative trade partner for all electrical work. To date we have completed over 100 design-build projects together. Wantman Group, Inc. (WGI) as our structural engineer and architectural restoration subconsultant. We have completed over 25 design-build projects with WGI to date. Nutting Engineers, Inc. (Nutting) will be responsible for geotechnical investigation and the hazardous waste survey. Nutting has been involved with us on several design-build projects in the past and is a local Boynton Beach firm. Globaltech's Commitment to Successfully Provide the Services We have enjoyed working with The City for the past 20+ years, and our team is committed to the success of this Generator Replacement Project. Our office is located in Boca Raton, Florida, only 10 miles from the City Utilities Department Administrative Office and project site. From this location, we can be at the City's facilities within minutes ensuring responsive service. We offer direct access to our staff and our resources without cumbersome bureaucracy and unnecessary layers of management. Globaltech is firmly committed to delivering this project and we thank you for this opportunity. We believe we are the right firm for this project and we look forward to working with you. Sincerely, Globaltech, Inc. Paul Gandy, PE, DBIA President/CEO Firm's Qualifications Provide at least four(4)reference projects of a similar size,scope and complexity that have been completed by your firm within the last ten(10)years which demonstrate the experience of the firm and the team that will be assigned to provide the services as required by this Project. A project similar in scope is defined as a project,which includes some or all of the following components:the design of generators and electrical work.A project similar in size is defined as a project completed under the design/build or CMAR delivery method,which was at least$1,000,000 in cost(design and construction). For each reference project,provide the following information: 1) Client name/Owner's Representative name,address,phone number,and email. 2) Name and location of the project. Description of the scope of work. 3) Role your company provided: CMAR and/or General Contractor and/or other. 4) Date project was completed or is anticipated to be completed. 5) Value to kW Generator Capacity Installed. 6) Original Owner Budget vs.Final GMP. 7) Saving achieved through Value Engineering or other approaches. 8) The percentage of the GMP for General Conditions,Profit and an Overhead. 9) The total amount of approved Changes Orders added to the Original GMP. 10) The dollar amount of fees for Pre-Construction Services. 11)The dollar value and the percentage of the final GMP awarded to and performed by local sub-design build team(of any tier)and SBE sub-design build team(of any tier). 12)Present status of the project. 1. If the Proposer is a joint venture or consortium,the qualifications of each firm comprising the joint venture or consortium should be separately identified and the Firm that is to serve as the principal consulting firm should be noted,if applicable. 2. Notarized statement showing the Proposer's maximum bonding capacity;and that the Proposer has an available bonding capacity for a minimum of$5 million specifically for this project. Statement should also identify the Proposer has the ability to increase their bonding capacity, if necessary,and to what amount. NOTE:Notarized statement must be from an admitted surety insurer authorized to issue bonds in the Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/ ecy,� I� State of Florida,not an agent or broker. To be attached online and submitted through the Bidding System. Line Description Response Item 1 Describe the Firm and provide a statement of the Globaltech brings a group of talented staff and team members that, together, have Firm's qualifications for performing requested consulting successfully completed over 250 design-build projects of a similar size and scope as the services. Identify the services, which would be project contemplated by the City. As a vertically integrated design-build firm our completed by your Firm's staff and those that would combined staff of in-house engineers, financial and administrative support staff, be provided by sub-consultants, if any. construction managers, and our line construction staff have worked cohesively on design- build projects for over 20 years. Additionally, we bring the experience of having worked with the City of Boynton Beach as both consultants and design-builders for over 20 years. Our hands-on experience and working knowledge of the East WTP facilities will be invaluable for successful delivery of this project. We have a strong history of collaborative design-build project delivery working with utility staff and our team partners to deliver best value. We adhere to Design-Build Best Practices established by the Design-Build Institute of America and pride ourselves on following established standards for progressive design-build. Our team will be led by Paul Gandy, PE, DBIA, a designated DBIA design-build professional. Several of our staff members hold membership in DBIA and our staff and significant team members have made the 'mental shift' to design-build project delivery. Globaltech will serve as the prime contractor, design-builder, project manager, and guarantor for this project and will provide electrical and site civil engineering, mechanical engineering, procurement services and self-form all equipment installation, major concrete pad construction, and oversee commissioning services. To our talented group of professionals, we add the following key subcontractors and subcontractors for specific areas of work as indicated: Energy Efficient Electric (EEE), located in West Palm Beach, an experienced industrial and utility electrical contractor led by Rene Viau. EEE will be our primary collaborative team member for procurement and construction of the electrical/I&C components of this project. EEE has been our trusted partner on over 100 design-build projects to date. The Wantman Group, Inc. (WGI) will provide structural foundation and support engineering as well as architectural restoration of the building. Located in West Palm Beach, WGI has been a team member of ours on over 35 design-build projects. Nutting Engineers, Inc. (Nutting), with an office located in Boynton Beach will provide the team with the geotechnical soils report and conduct the hazard waste survey required for this project. Arcflash consultant. Globaltech has not yet selected and Arcflash study consultant for this project. While we have the experience at managing this work and several resources to choose from we believe it would be pertinent to conduct the 'Project Validation' exercise described in Section 4: Approach before making a final decision. We may be able to eliminate duplication of efforts and ramp up time depending upon the extent of the study. We would also like to afford the City the opportunity to participate in this selection prior to making a commitment. Each of these firms has worked with us in the past on numerous design-build projects and is continues working with us on a number of design-build projects. Together we form Ian experienced team with the right credentials to deliver a successful project. 2 If the Principal Place of Business is different than the As specified in our proposal, all work will be managed and produced from our corporate location specified in the Proposer's Qualification office in Boca Raton, FL. Statement, then proposer shall specify office location where each project will be managed and produced. Qualifications of Project Team, (key project members)and Availability of Specialty Resources Provide an overview of the qualifications of a specific project team to be provided by the Design Build Team to perform the requested services. Specify and present as a minimum,similar experience in design and construction of generator and electrical work. Identify the principal and management staff who would be assigned to the project as follows: a.An organizational chart that clearly defines the lines of authority. b. The names and roles of each professional to be assigned to this project, including familiarity with projects of a similar nature. c. The estimated amount of involvement expressed as a percentage of time,of each of the staff members. d. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve(12)pages. e. Experience of identified staff members with differing regulatory agencies that maybe associated with these services. f. Availability location and workload of the proposed team contained on a maximum of one(1)page including: Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/ ecy,� I� 1.Current project work listing and remaining labor commitments. 2. Historically,describe the typical number of projects handled by the Proposer's key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. Line Description Response Item 1 Provide an overview of the qualifications of the Globaltech is a vertically integrated design-build comprised of in-house engineers, specific project team to be submitted by the financial and administrative support staff, construction managers, and line construction Firm/Individual to perform the requested services staff that have worked cohesively on design-build projects for over 20 years. Additionally, including: we bring the experience of having worked with the City of Boynton Beach as both consultants and design-builders for over 20 years. Our hands-on experience and working knowledge of the East WTP facilities will be invaluable for successful delivery of this project. We have a strong history of collaborative design-build project delivery working with utility staff and our team partners to deliver best value. We adhere to Design-Build Best Practices established by the Design-Build Institute of America and pride ourselves on following established standards for progressive design-build. To date Globaltech has completed, or is contracted to complete, over 250 design-build projects with a value of over $100M. Our team will be led by Paul Gandy, PE, DBIA, a designated DBIA design-build professional. Several of our staff members hold membership in DBIA and our staff and significant team members have made the 'mental shift' to design-build project delivery. Globaltech will serve as the prime contractor, design-builder, project manager, and guarantor for this project and will provide electrical and site civil engineering, mechanical engineering, procurement services and self-form all equipment installation, major concrete pad construction, and oversee commissioning services. To our talented group of professionals, we add the following key subcontractors and subcontractors for specific areas of work as indicated: Energy Efficient Electric (EEE), located in West Palm Beach, an experienced industrial and utility electrical contractor led by Rene Viau. EEE will be our primary collaborative team member for procurement and construction of the electrical/I&C components of this project. EEE has been our trusted partner on over 100 design-build projects to date. Presently EEE employs 30 people, 23 Journeyman electricians, Master electricians/license holders, with the remainder being either office personnel or apprentice electricians. EEE specializes in Industrial Construction, and water and wastewater facilities including low and medium voltage power with experience in installations of equipment in hazardous area, control system wiring and terminations including terminal cabinet fabrication and control console installation and assembly, and fiber optic cable installation including splicing and terminations. EEE continues to have an excellent reputation for doing quality work on time, and in accordance with contract documents The Wantman Group, Inc. (WGI) will provide structural foundation and support engineering as well as architectural restoration of the building. Located in West Palm Beach, WGI has been a team member of ours on over 35 design-build projects. The firm is comprised of nearly 400 experienced professionals with a strong reputation for innovative and implementable high quality structural engineering, civil/municipal engineering, subsurface utility engineering, transportation planning and engineering, land planning, landscape architecture, environmental sciences, surveying and mapping, architecture, parking solutions, and creative services. Nutting Engineers, Inc. (Nutting), with an office located in Boynton Beach will provide the team with the geotechnical soils report and conduct the hazard waste survey required for this project. The firm's comprehensive range of services include geotechnical exploration and engineering including soil borings and groundwater well drilling, monitoring of pile installation, groundwork modification and chemical grouting procedures, quality control/ quality assurance testing of construction materials, structural inspections (special/threshold) of structures Arcflash consultant. Globaltech has not yet selected and Arcflash study consultant for this project. While we have the experience at managing this work and several resources to choose from we believe it would be pertinent to conduct the 'Project Validation' exercise described in Section 4: Approach before making a final decision. We may be able to eliminate duplication of efforts and ramp up time depending upon the extent of the study. We would also like to afford the City the opportunity to participate in this selection prior to making a commitment. Each of these firms has worked with us in the past on numerous design-build projects and is continues working with us on a number of design-build projects. Together we form Ian experienced team with the right credentials to deliver a successful project. Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/4ecy,� I� Current& Projected Workload of the Proposer Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary resources to successfully complete the service and projects in a timely manner. Current and projected workload data shall be provided for each key project member as follows: Description Response* Current project work listing and remaining labor See attached proposal in Section 3. Project Manager's Current Remaining Commitment is 4 commitments. projects, typical number of projects is 3. Projected Management load is 75% of available. Historically, describe the typical number of projects Key Project Manager, Paul Gandy, PE, DBIA, typical number is 3-4 projects. Key electrical handled by the Proposer's key project managers at any contractor Project Manager, Rene Biau, is 4-6. given time. Projected workload of project management activities as For Project Manager Paul Gandy, PE, DBIA, 10-15% at peak project. defined in the scope of services. Identification of any sub-Consultant firms providing Energy Efficient Electric, Inc. significant services that may be assigned more than five (5%) of the work. Demonstrated Knowledge Name* Address Telephone Number* Project Description* Palm Beach County 8100 Forest Hill Blvd., Krystin Berntsen, P.E., PBCWUD Optimization and Improvements Continuing Design-Build Water Utilities West Palm Beach, FL Director, Engineering Contract Department (PBCWUD) 33416 Division 561-493-6027 Seacoast Utility Authority 4200 Hood Road, Palm Brandon Selle, P.E., SUA Continuing Contract for Design/Build Services (SUA) Beach Gardens, FL Chief Operations Officer 33410 561-628-6175 Approach, Demonstrated Skill Set,and Innovative Ideas that will be used to address the Scope of Work To Be Attached Online a. Narrative of Project and Understanding of the Project Issues: Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges,the project delivery method,and how the Proposer intends to ensure that the scope, budget and schedule will be met. b. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer's approach to cost estimating during the various phases of the design(i.e. conceptual, schematic,final and construction documents). Indicate the methodology and estimating system used in preparation of estimates.Address how the Proposer will prepare,submit, reconcile and obtain approval of the Guaranteed Maximum Price notice. c. Discuss the cost effectiveness of the proposed solutions,taking into account expected life of the equipment,capital costs and operating and maintenance costs over the life of the equipment. d. Explain how Proposer intends to meet the budgetary goals and timetables using the Design and Performance Criteria herein to include the following: 1. Implementation of conflict resolution methods. 2. Description of schedule controls. 3. Description of change order controls. 4. Description of permitting approach. 5. Understanding of the construction contingency to include: 1)who should be in control,2)the main purpose,and 3) who approves its utilization. 6. Provide examples of how your firm ensures that the project stays within budget during each phase of construction and what assurances are given that the estimate may be accurate or reliable. e. Project Management Reporting: Provide an explanation of how the firm proposes to manage and report each aspect of the Project to realize budgetary goals,timetables and quality control objectives. f. Submit a comprehensive Project Management Reporting system to include but not limited to narrative reporting,schedule controls,cost controls and estimating, project accounting, accounting and payment and action controls. Description Response* Provide in concise narrative form, the Proposer's understanding of the Globaltech has reviewed extensively the Design-Build criteria provided with the City's needs, goals and objectives as they relate to the project, and RFP. the overall approach to accomplishing the project. Give an overview We will state at the outset that the design-build criteria are very complete, quite on the proposed vision, ideas, and methodology. Provide timelines to prescriptive, and appear to have been developed in close consultation with the support the approach. Owner and with regards to the available site constraints. There has also been selection and vetting of major equipment which meet the project goals. However, we also understand our responsibilities as design professionals and Engineer of Record to review and develop the design, develop and evaluate any alternatives, Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/�Ot'M� and present these results and recommendations to the City. The primary goal of this project is to install and commission two standby diesel generators, Tier 4, 625kW and Tier 2, 1250kW respectively, each with 180mph wind rated enclosures set on subbase fuel tanks with minimum 72-hour functional capacity, new generator paralleling gear (GPG), and modifications to SWBD-1 to allow manual and automatic operation. In keeping with the principles of Design-Build Best Practices, upon notification of award, we would first conduct a meeting with the City and Design-Build team to hold a project validation session. In this meeting we confirm that the project elements originally stated in the RFP are valid, confirm scheduling, identify any major impediments to the project that may have developed or elements which may need to be added to or deleted from the project since the RFP, and restate or reaffirm the design-build criteria. At his point we would proceed to development and issuance of the Phase I contract. We understand the major project elements and issues to be the following: 1. Phase I (GMP development): a. Conduct site survey, prepare geotechnical report, and conduct hazardous waste survey of existing work area. b. Confirm integrity of existing conduits noted to be reused between the existing exterior electrical box and SWBD-1 (Design-Build Criteria drawings) C. Prepare preliminary and final engineering drawings and specifications, in a phased approach (35%, 60%, 90%, and final) d. Develop a list of available local subcontractors for the work. e. Develop and maintain a quantitative risk register for allocation and potential mitigation of project risk f. Develop a preliminary and final GMP g. Initiate any early start activities if included in Phase I contract (site demolition, hazardous materials mitigation, issue purchase order(s) for Gensets and paralleling gear) h. Develop and issue Phase II contract or exercise off-ramp option 2. Phase II (Construction): a. Develop site safety protocol and issue safety plan b. Issue remaining project purchase orders for all equipment and issue remaining subcontracts including City directed SCADA firm C. Demolition of facilities including existing fuel tank and piping, fuel storage shelter and containment, existing generator slab, exiting transformer vault, access stairs, and miscellaneous conduits and electrical devices d. Establish and maintain safe egress to the existing building during construction e. Portable generator to remain in service at all times until new equipment is installed, tested, and transferred for service at SWBD-1 f. Construct new concrete base pad for 625kW and 1250kW gensets and Generator Paralleling Gear (GPG). g. Complete structural and architectural restoration of the existing building exterior h. Following factory witness testing, receive, stage, and install the new gensets and GPG i. Complete modifications to SWBD-1 as required to allow manual and automatic control j. Complete raceway, conductors, and SCADA interface installation and testing k. Complete load bank and gear testing I. Disconnect portable generator feed and complete GPG connections to SWBD-1 M. Commission system and complete performance testing and training of Owners staff n. The following restrictions apply to the above work activities: i. Intermittent shutdowns for interfacing with existing systems are limited to four hours ii. Extended shut down for disconnection of portable genset and connection of new equipment to SWBD-1 is limited to twenty-four hours The above major work elements, and sequence of events may change as the Phase I activities progress. We provide a preliminary schedule for the project in Section 5 of this proposal. We have reviewed the allotted times for the shutdowns and the associated work elements and we believe these time frames are adequate. As an integrated design-build firm our design professionals, procurement and construction management staff, and administrative support are co-located at our home office in Boca Raton. This is one of the key tenants of Design-Build Best Practices. Co-location of the staff and team is essential to maintaining project cost and scheduling controls. Each of our proposed team members are also local and therefore able to participate with us in face to face planning and project progress meetings. The City's office and project site are withing 10 minutes of our office. There is no substitute for face-to-face interaction for keeping at the project on track. During all phases of the project, safety procedures will be encouraged and enforced. In addition to our in-house safety officer we also utilize specialty safety Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/ ecy,� I� consultants for complex activities (significant crane lifts, large excavations, etc.,) and we use their services for ongoing unannounced site safety inspections. Globaltech promotes safety in all aspects of our daily lives and we are a drug- free workplace. Procurement Approach to Major Elements Although the elements of this project appear to be relatively straightforward, there are two paths we can take to procurement of the major items - the two new genset packages and the GPG: Option 1: If the City desires, confirmation of sizing and adequacy of the TAW/Kohler proposal can be accomplished quickly in Phase I, a price negotiated, and a PO issued from Globaltech before the design phases are completed. This would have the effect of eliminating approximately 6 to 8 weeks off of the procurement schedule and would get the critical path items in the pipeline sooner. The disadvantage of this approach is that the City would not have full competitive pricing from other suppliers however, given the time savings, this may be the best value for the City Option 2: Prepare prepurchase specifications for the purpose of prequalifying and obtaining competitive quotes for price and delivery of the genset packages and GPG from at least three suppliers; TAW/Kohler, Pantropic/Caterpillar, and Cummins Southeast/Power Generation. MTSU may also qualify as a fourth supplier. This may result in cost savings and would have the advantage of competitive pricing cost certainty giving the City more information for a best value decision. As noted above however, this would add 6 to 8 weeks of lead time for these items. Owner Direct Purchase (ODP) In either of the above options Globaltech offers the capability to initiate vendor PO's and transfer purchase to the City to allow the ODP option for sales tax savings. Globaltech employs this option frequently for our design-build clients with all manner of vendors, including significant purchases. Locally, we have exercised this option on over $2.5M in equipment purchases for a sales tax savings to Owners in excess of $150,000. Unlike 'Owner-supplied' equipment, under this approach Globaltech maintains responsibility for arranging and initiating purchase, organizing and coordinating shipping, receiving, and storage, insurance, and liability and staging for installation. 4.b., c. Cost effectiveness of proposed solutions As and experienced design-builder Globaltech is accustomed to preparing GMP price proposals in a fully open-book format for both review and project accountability use. We prepare detailed line item material, labor, and equipment, and overhead estimates with supporting documentation for presentation in a number of available formats. Where discrete packages of work are identified for competitive bidding, bid documents are prepared and solicited for quotation. Complete bid results are presented to the Owner as backup. Where multiple factors affecting a purchase decision are to be considered a life- cycle cost analysis is conducted over the expected useful life of the equipment, the results presented, and a recommendation is made. The Owner has the option to choose the best value from the results. All of our estimating and project accounting is prepared in the Sage Construction platform, a subset of Timberline accounting software. This is a cloud-based solution that, in addition to estimating, also includes general project accounting, time keeping, and project cost-code accounting for accurate budgeting and tracking of cost performance. Project accounting is generally reported on a monthly basis however we can, and sometimes do, breakout reports on a bi- weekly basis tied to our time reporting. This is particularly useful for tight budgets or when force account work or time and materials-based accounting is required for a short task. Within the Sage accounting system we also track and manage project invoicing to the Owner, pay request from subcontractors, project accounts receivables, payments to subcontractors, and complete vendor purchase order management. For this project the City has requested use of the e-Builder platform which is very similar to the Procore product. Rachael Stolpman manages our Procore platform and will also be responsible for migrating information to the e-Builder system as well. Bid Number: 006-2821-20/TP Vendor Narzlage Creativity and Innovation in Project Approach and Solution Selections Options To Be Attached Online a. Discuss how the Proposer intends to use innovative approaches and/or best practices to achieve results considering safety,quality, cost and time as they relate to any and all aspects of design,equipment, materials, pre-construction services,and construction. b. Discuss how the Proposer will utilize best practice techniques such as value engineering and constructability reviews, and provide evidence of previous experience with any of the methodologies presented. c. Discuss in detail,the development of a mitigation strategy covering major events that might impact the Project such as severe weather or protracted loss of treatment capacity caused by work within the Project. d. Provide a schedule which details the Proposer's proposed activities and how the Proposer intends to meet the required in- service date. e. Provide a strategy the Proposer will employ for subcontracting work to include how local contractors will be utilized. Address the Proposer's approach to implementation of Quality Control/Quality Assurance plan for both self-performing and subcontracted work. f. Describe project communication tools to ensure streamlined information to the Construction Team(Selected PROGRESSIVE DESIGN BUILD TEAM and CITY). g. Describe the plan for public relations and conflict resolution with the community during construction. This section shall be limited to no more than fifteen(15)pages.Work plans longer than fifteen (15) pages will only have the first fifteen (15) pages reviewed. Description Response* Innovative Approach. We believe the design-build criteria has been well presented and conceived with the best interests of the project and the City in mind. In our experience, sometimes it is better to keep it simple, freeze the concepts early if they are sensible, and move to execute the work. It would be economical to take advantage of the resources that the City has expended to date and work from that effort. However, that said, we would take the opportunity to carefully review the project at the 'Project Validation' stage with the City and D- B Criteria consultant to apply our experience from delivering these types of projects under challenging conditions. From challenges comes creative solutions. Should any scope changes emerge from the project validation stage, those will be taken into account as a part of a fresh approach to the work. Areas where creative delivery ideas warrant consideration are: Early Work Packages: While the City desires a two-phase, progressive design-build approach, early work packages, easily identified, which could be initiated during Phase I include: o Fuel system evacuation and decommissioning o Demolition and site preparation o Initiation of SWBD-1 modification by Siemens o If any is discovered, hazardous waste mitigation Expedited Procurement: As noted in Section 4, there are two options for initiating purchase of the long lead major equipment items. Early procurement could be achieved by negotiating directly with TAW/Kohler and proceeding to Owner Direct Purchase. The alternative, as discussed, is early breakout of Genest and GPG bid packages to achieve cost certainty and competitive quotes Identify Issues Early: It is noted on drawings to reuse existing buried conduits between the old genset area and SWBD-1. Reuse of the conduits is a benefit in cost and time. However, their condition must be verified early on in the project. If unusable, creative alternatives will need to be developed which may include buried ductbank, overhead conduits, overhead cable trays, or busduct since the amperage rating is in the 3000A range Review Efficacy of Single Monolithic Concrete Pad: This will be reviewed with selected genset information. Having a single monolithic pour may invite sympathetic frequencies and vibration issues. A thorough review will be conducted with manufacturers. If more desirable, separate, isolated concrete base pads will be designed and constructed. Common Access Platform: The D-B Criteria calls for an elevated platform at the 1250kW unit with no platform required for the 625kW unit. From an operations and maintenance, and safety standpoint in may be beneficial to elevate the smaller unit slightly and install common access platform for improved ease of maintenance. Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/ ecy,� I� References-Past Performance Provide three(3)governmental agencies references similar to design/build or construction manager at-risk contracts for which the Proposer has completed or are in progress within the past three(3)years with the following information: 1)Name of Agency,2)Name of Project,3)Address and 4) Contact Name, Email Address and Telephone Number.The City is interested in learning of other firms'or government agencies'experiences with your firm;as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three(3)times. If there is no answer after the third attempt,the City may apply no points for that project experience. Name of Agency* Name of Project* Contact Name* Email Address i Telephone Number* Palm Beach County PBCWUD Optimization and Krystin Berntsen, P.E., kberntsen@pbcwater.com 561-493-6027 Water Utilities Department Improvements Continuing Design- Director, Engineering (PBCWUD) Build Contract Division Seacoast Utility Authority SUA Continuing Contract for Brandon Selle, P.E., Chief bselle@sua.com 561-628-6175 Design/Build Services Operations Officer Fort Pierce Utilities FPUA Contract for Design/Build Javier Cisneros, P.E., jcisneros@fpua.com 772-466-3484 Authority (FPUA) Services Director, Utility Support Services 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 of Subcontractors. Sub-Consultant(s) Identification of any sub-PROGRESSIVE DESIGN BUILD TEAM firms providing significant services that may be assigned more than five(5%)of the work. The Proposer proposes the following major sub-PROGRESSIVE DESIGN BUILD TEAM for the major areas of work for the Project. The Proposer is further notified that all sub-PROGRESSIVE DESIGN BUILD TEAM shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-PROGRESSIVE DESIGN BUILD TEAM, if required. Owner reserves the right to reject any sub-PROGRESSIVE DESIGN BUILD TEAM who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability, lack of resources, etc.)to perform under this award. Owner reserves the right to inspect all facilities of any sub-PROGRESSIVE DESIGN BUILD TEAM in order to make a determination as to the foregoing. r By clicking here I confirm that there are no SUI:>contractor()and the Bidder shall perform the project with their."OWN FORCES„ Name Address Scope of work license No I Contract Amount Percentage(%)of Contract Energy 1600 Mercer Avenue Electrical EC10001096 TBD TBD Efficient Suite 6, Contractor Electric West Palm Beach, FL Inc. 33401 Documents It is your responsibility to make sure the uploaded file(s)is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. THESE DOCUMENTS MUST BE UPLOADED ONLINE WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Bid Number: 006-2821-20/TP Vendor Narge: Gl :3/ ecy,� I� ° PQG-G|oboltooh.pdf'Tuesday February 25.2O2O1113:37 ° Anti .pdf'Monday February 17, 2O2 14:20:04 ° non ooU .pdf'MondoyFobmory17. 2O2O14:2O:29 ° MINORITY OWNED BUSINESS CERTIFICATION (optional) ° Cert Pursuant mFLstomteo-G|oboltooh.pdf Monday February 17. 2O2O 14:2O:57 ° omsin000&ProfUoon000' g|ob|oteoh.pdf Tuesday February 25.2O2OO7:37:O2 ° Prof Liability|nounanoo'G|obo|teoh.pdf Monday February 17.2O2O1418:OO ° nFQ000-2821-2O-TP-3|oboltooh.pdf Tuesday February 25.2O2O13:20:OO Bid Number: 006-2821-20/TP Vendor Narge: oh.�nu- ��@Q� �UU {� U1 / Addenda&Acknowledgements The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement,and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law,the failure of the Consultant or its subconsultants or lower tier sub-consultants 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. 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. r I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Paul Gandy, President/CEO, Globaltech, Inc. 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 reviewed the beiow addendu and File Name Pages attachments(i RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement Progressive Design/Build r 4 Thu February 20 2020 03:12 PM RFQ 006-2821-20/TP East Water Treatment Plant Generator Replacement Progressive Design/Build r 1 Wed February 12 2020 09:36 AM East Water Treatment Plant Generator Replacement Progressive Design/Build 4 Mon February 10 2020 04:39 PM Bid Number: 006-2821-20/TP Vendor Nargageo�gljeccy,�I� Bid Number: 006-2821-20/TP Vendor Narge: Gl :3 ecy,�j� Bid Number: 006-2821-20/TP Bid Name: EAST WATER TREATMENT PLANT GENERATOR REPLACEMENT PROGRESSIVE DESIGN / BUILD Closing Date: 2/25/2020 2:30:00 PM Number of Submissions Received: 4 Evaluation: Start Date - End Date: 2/25/2020 12:00:00 AM - 5/22/2020 12:00:00 AM Consensus Meeting: 5/15/2020 1:00:00 PM EVALUATORS Name Stage 1. Taralyn Pratt Submittal Compliance 2. Michael Low Evaluation, Evaluation - Oral Interviews / Presentations 3. Juan Guevarez Evaluation, Evaluation - Oral Interviews / Presentations 4. Joel Lacroze Evaluation, Evaluation - Oral Interviews / Presentations STAGES Number Name Type Weight N/A Submittal#Oral nce Compliance N/A 1 EvaluatioEvaluation 100.00 2 Evaluatioterview;Presentations Interview 100.00 Grand Total: 200.00 Page 383 of 817 SCORES Submittal Compliance EServices, dor Score All Florida ContrLC Fail Eau Gallie Elect Pass Globaltech, Inc. Pass Kanthan Design Pass 1 Evaluation Vendor Score out of 100.00 Eau Gallie Electric 74.83 Globaltech, Inc. 83.33 Kanthan Design Corporation 65.83 2 Evaluation - Oral Interviews / Presentations Vendor Score out of 100.00 EGlobaltech, ectric 0 nc. 0 ign Corporation 0 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 200.00 1 Globaltech, Inc. 83.33 2 Eau Gallie Electric 74.83 3 Kanthan Design Corporation 65.83 Page 384 of 817 6.N. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, Florida Technical Consultants, LLC. of Boynton Beach, FL. and establish a contract in accordance with the Request for Qualifications (RFQ) No. 007-2821-20/TP for Geographic Information System (GIS) Engineering Services and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. Explanation of Request: On February 13, 2020, Procurement Services received and opened five (5) proposals in response to the RFQ for Geographic Information System (GIS) Engineering Services, which were reviewed by Purchasing Services to ensure the proposals met the RFQ's minimum requirements. The proposals were deemed responsive and were forwarded to the Evaluation Committee for review. On April 21, 2020, an Evaluation Committee consisting of Waneya Bryant, Manager of Asset Systems; Tremaine Johnson, Manager of Field Operations; and Jake Hurley, Associate Engineer reviewed and ranked the proposals. The Evaluation Committee agreed to short-list the top three (3) ranked firms: Florida Technical Consultants, LLC, Wantman Group, Inc., Keith and Associates, INC. On May 11, 2020 Keith and Associates, I NC. removed themselves from the solicitation process. May 21, 2020, the remaining top two (2) ranked firms made presentations to the Evaluation Committee. Tremaine Johnson was unable to participate and was replaced by Brandon Mingo, Supervisor of Water Distribution. Upon completion of the presentations the Evaluation Committee re-ranked the proposals. The Evaluation Committee was unanimous in their decision to recommend the final ranking and proceed in negotiation a Contract for the first phase of the work with the number one (1) ranked firm, Florida Technical Consultants, LLC. How will this affect city programs or services? Approval of this request will allow City staff to begin negotiations with the top ranked GI S Engineering Firm, Florida Technical Consultants, Inc., to develop a cost for completion of the first phase of the project. As part of the project, the GIS Engineering firm will assist with updating and correcting the existing GIS database. The work will include updating and correcting existing data, creating applications to assist with various projects such as meter replacement, chlorine flushing, and emergency management. They will provide training and assistance to field staff. The project will provide mechanisms for expanding use of the technologies by field crews for infrastructure locations and troubleshooting daily and emergency situations. Having an accurate base map is essential for the operation of the utility. Accurate base maps are used as the base to the utility's water and wastewater hydraulic models. They are utilized by staff for planning system improvements and system repairs. They assist utility location staff with providing accurate location of lines in the field to prevent problems during construction work. The GIS Engineering firm will work closely with Utilities staff to prioritize and manage this project. Fiscal Impact: Budgeted Funding is allocated for this project in the Utilities CIP budget. Page 385 of 817 Alternatives: Do not approve the recommendation. The alternative is to not update the base map. Lower accuracy base map may lead to higher ongoing costs for the Utility to maintain infrastructure. It will not provide the Utility with best data needed for other utility management programs. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Addendum GIS RF 2 Addendum RF 2 Submittal Tabulation Addendum RF 2 Shortlisting Scores Addendum RF 2 Final Flanking after lnter\Aews Page 386 of 817 CITY OF BOYNTON BEACH REQUEST FOR QUALIFICATIONS (RFQ) FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES RFQ No. 007-2821-20/TP MANDATORY PRE-PROPOSAL CONFERENCE JANUARY 22, 2020 AT 9:30 A.M. CITY OF BOYNTON BEACH CITY HALL 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 ONLINE SUBMISSIONS ONLY RFQ CLOSING DATE: FEBRUARY 13, 2020 NO LATER THAN 2:30 P. M. REQUEST FOR QUALIFICATIONS FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES TABLE OF CONTENTS Scope of Services Information ..........................................................................................2 Section 1 —Scope of Services and Project Information..............................................4 Section 2 — Instruction to Proposers..................................................................................8 Section 3 — Proposal Submission Requirements............................................................... 10 Section 4 — Evaluation of Proposals.................................................................................. 13 Section 5 —General Conditions......................................................................................... 15 Section 6 - Special Conditions ..........................................................................................21 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Proposer's Qualification Statement .......................................................................23-28 Anti-Kickback Affidavit...........................................................................................29 Non-Collusion Affidavit of Proposer.......................................................................30 Certification Pursuant to Florida STATUTE § 287.135...........................................31-32 Draft Contract Draft Contract Agreement .........................................................................C1-C11 Insurance Advisory Form ..........................................................................C12 Exhibit `A'......................................................................................................... FeeSchedule .........................................................................................C13 Table of Contents 1 REQUEST FOR QUALIFICATIONS FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES RFQ # 007-2821-20/TP Electronic Requests for Qualifications (RFQ's) shall be received by the bidding system up until: FEBRUARY 13, 2020, No Later Than 2:30 PM (Local Time). All RFQ's will be publicly opened and only the names of the Proposers will be disclosed. RFQ's 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 visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach seeks the submittal of proposals from firms qualified in Geographic Information System (GIS) Engineering Consulting Services for the City's Utilities Department, Public Works Department, and may be expanded to other departments. The successful firm(s) shall have experience in the water and/or wastewater industry and a proficient understanding of ARC GIS and the application programming. ELIGIBILITY: A. Proposers will be eligible to respond to this Request for Qualifications if the proposing firms demonstrate that they or the principals assigned to this project, have successfully completed services similar to those specified in the Scope of Services of this RFQ. B. Proposers must include as a part of the RFQ submittal, sufficient documentation, client references, and qualifications to support their ability and experience to perform the services contained in the RFQ. CONE OF SILENCE: Pursuant to Palm Beach County Ordinance Section 2-355, after the deadline to respond to this RFQ, members of the City Commission are prohibited from communicating directly or indirectly with proposers or respondents regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 2 PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, 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 RFQ 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. CITY OF BOYNTON BEACH MARA FREDERIKSEN Director of Financial Services Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 3 REQUEST FOR QUALIFICATIONS (RFQ) No. 007-2821-20/TP FOR "GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES" SECTION 1 —SCOPE OF SERVICES AND PROJECT INFORMATION 1.1 BACKGROUND: The City of Boynton Beach, Florida (City) provides Potable Water, Wastewater, Stormwater and Reclaimed Water services through the Utilities Department. The utility system includes: two (2) wellfields, two (2) water treatment plants, one (1) 24 MGD lime softening and one (1) 10 MGD low pressure membrane softening plant, two (2) aquifer storage and recovery wells, a sewage collection and transmission system with approximately 165 wastewater lift stations, and the associated water distribution and wastewater collection piping systems, reclaimed water distribution system, stormwater swales, and a stormwater collection and disposal system. 1.2 GOAL: The City is seeking a strategic partner with the requisite skills to work with the City with on- going improvement projects for current and future needs. 1.3 TERM OF THE PROJECT The City intends to award a contract for a two (2) year period starting from the award date, with an option for three(3), one (1)year renewal periods if mutually agreeable and determined to be in the City's best interests. 1.4 AWARD OF RFQ/SELECTION PROCESS: 1.4.1 Selection of consultant(s) shall be in accordance with Florida Statutes § 287.055, known as the "Consultants' Competitive Negotiation Act". This solicitation intends to establish a contract with a minimum of one (1) no more than a maximum of two (2) consultants to be used as-needed to provide prompt and efficient professional services. 1.4.2 The City will designate a Project Manager for each project based on this resultant Contract. The Project Manager will prepare scope of services for each task assignment that will be submitted to the awarded consultant to provide the cost for the specific task order in accordance with the hourly rates to be established for this Contract. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 4 1.5 SCOPE OF SERVICES TO BE PERFORMED: 1.5.1 INTRODUCTION The City of Boynton Beach seeks the submittal of proposals from firms for ongoing professional services in Geographic Information System (GIS) Engineering Consulting Services for the City's Utilities Department, Public Works Department, and may be expanded to other departments. Boynton Beach Utilities makes extensive use of GIS for assisting field operations, engineers, and others to create maps, track assets, run queries, and analyze data. The collection of GIS data is a bottom-up approach; field staff collect data via field observations, researching asbuilts, valve books, and other records to update GIS. The selected vendor shall provide assistance and training to support Utility field staff. Boynton Beach Utilities GIS connects to a variety of other software including iWater, InfoWater, and InfoSwimm with plans to expand its connectivity with the Laboratory Information Management System (LIMS), Wastewater Television Inspection software and other systems as needed. The selected vendor should have basic knowledge of these software packages and provide assistance with connectivity. All proposers should be familiar with all the requirements, whether general or specific. All work must be performed in accordance with applicable Federal, State and Local regulations. Vendors shall work with the Utility's Control team and abide by Boynton Beach Utilities' technological standards, guidelines, policies and procedures. 1.5.2 GENERAL The vendor shall provide all tools, labor, equipment, materials and electrical connections, etc. necessary for Geographic Information System. Vendor's staff will sign in and out at reception area of facility during each visit. All mileage and travel time to and from the job site is not reimbursable. Mileage and travel cost shall be included in the hourly rate quoted for labor in the proposal. Time spent on technical support services provided to other non-City of Boynton Beach customers during their visit and or meals shall not be included in billable hours worked for City. Invoicing provided by Vendors shall be itemized with times, dates of service and submitted to the appropriate Departments for payment. During the term of the contract, work is performed as a series of individual work authorizations. Each work authorization, initiated by the City, is defined cooperatively by the City representatives and Vendor(s). The successful Vendor(s) shall furnish all parts, materials, equipment, sub-consultants, labor, and supervision as necessary to program, maintain, furnish and install the assigned work as outlined in the agreed upon scope of work provided with each work authorization. The City reserves the right to make owner direct purchases (ODP) for components purchased when deemed in the best interest of the City. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 5 1.5.3 QUALIFICATIONS Vendor shall have a minimum of five (5) years' experience in geographic information system with emphasis in the water and wastewater industry. Vendor shall have obtained three (3) similar contracts within the last five years. Vendor shall have Geographic Information System (GIS) qualified technicians on staff to complete the work as detailed in this scope of services. A"qualified technician" is one who is able to perform all work without need of technical support or training from City staff. 1.5.4 SCOPE OF WORK TO BE PERFORMED The Proposer shall perform, as needed, GIS Engineering Consulting Services for the City. Consulting services will require frequent liaison with the Utilities and Public Works Departments and may be expanded to other departments. A variety of task orders will be agreed upon; priorities and delivery schedules will be established by the City and may be changed or amended frequently. The awarded firm must have relevant experience in Arc GIS Pro, ArcMap Desktop, Arc GIS Online, Collector for GIS app, Survey 123. Most tasks will be web and web application based, and may include but are not limited to the following tasks: Update and Correct Existing Data o Identify areas where valves, meters, manholes, and other infrastructure is missing o Research records and find missing assets o Map valves and other assets which may include pipe I D's, parks, streetlights, signs or other assets as determined by the City o Update GIS database based on As-Built Record Drawings, field observations, or other resources o Add attributes where available (diameter, material, flow direction, manufacturer, etc.) o Update GIS data based on construction projects Operations Support o Provide expertise necessary to support the City in its expansion of the use of GIS by developing applications specific to maintenance and data collection activities. o Create dashboards to track key metrics on all system contents o Coordinate tasks, activities, and projects with the City Representative o Work with City staff to field verify locations of features o Evaluation of existing GIS system and recommendations for future applications and improvements o Create web applications, apps, and forms for the field collection of various City infrastructure assets to include backflow prevention devices, meters, stormwater infrastructure, grease traps, and other projects deemed necessary by the City o Develop GIS based Emergency Incident Tracker and Damage Assessment Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 6 Training o Provide on-site training for ArcView GIS Pro, ArcGIS Online, and the Mobile Collector app o Provide training support documents /videos o Training schedule will be determined by the City Deliverables o Provide monthly reports outlining activities, status of data updates, new maps and apps o Provide GIS data to third parties as directed by the City o Provide new maps and apps as requested 1.5.5 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 7 REQUEST FOR QUALIFICATIONS RFQ No. 007-2821-20/TP FOR "GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES" SECTION 2 — INSTRUCTIONS TO PROPOSERS 2.1 Electronic Requests for Qualifications (RFQ's) shall be received by the City's e-Procurement bidding system no later than: FEBRUARYI3, 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 Proposer to have their RFQ submittal submitted online. 2.3 Proposers 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 Proposer to have received all Addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the RFQ closing time and date in the event additional addenda are issued. 2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net.You may preview the RFQ documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 2.6 ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 2.7 Proposers are cautioned that the timing of their Submittal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Submittal 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 Proposal 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 Proposals 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 Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supporta-bidsandtenders.net. 2.10 Late Submittal Responses are not permitted by the Bidding System. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 8 2.11 To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 2.12 All expenses for making RFQ responses to the City are to be borne by the Proposer. 2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualifications for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). 2.14 Each Proposer, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of a RFQ; damages, if any, shall be limited to the actual cost of the preparation of the RFQ. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 9 r o= REQUEST FOR QUALIFICATIONS RFQ No. 007-2821-20/TP FOR "GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES" SECTION 3 — PROPOSAL SUBMISSION REQUIREMENTS 3.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Qualifications requirements. The selected Firm(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ in an expeditious and economical manner, consistent with the needs of the City. Additionally the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. C. Detailed Proposal. Each of the eight (8) sections listed below shall be completed online through the bidding system. 1. Letter of Interest—To be attached online The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. 2. Firm's Qualifications —To be attached online a) Complete and submit Proposer's Qualification Statement. b) Describe the Firm and provide a statement of the Firm's qualifications for performing requested consulting services. Identify the services, which would be completed by your Firm's staff and those that would be provided by sub- consultants, if any. Identify any sub-consultants you propose to utilize to supplement your Firm's staff. (Maximum of 4 pages) C) If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement, then proposer shall specify office location where each project will be managed and produced. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 10 3. Qualifications of Project Team, (key project members) and availability of specialty resources. —To be attached online Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services including: a) An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as "kms project members". b) Provide resumes for all key project members outlining the relevant experience and education. (Up to 4 total resumes) C) Sub-Consultant firms and key personnel from these firms shall be clearly identified. Proposers are to recognize that the City will not allow substitution of key project members during the Contract period without the agreement of the City 4. Current and Projected Workload of the Proposer (by office local, if applicable): - To be attached online a) Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary resources to successfully complete the service and projects in a timely manner. Current and projected workload data shall be provided for each key project member as follows: 1. Current project work listing and remaining labor commitments. 2. Historically, describe the typical number of projects handled by the Proposer's key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Identification of any sub-Consultant firms providing significant services that may be assigned more than five (5%) of the work. 5. Demonstrated Knowledge (Max. 5 pages) —To be attached online a) Provide (2) projects that were successfully completed demonstrating experience related to the scope of services herein. One (1) completed project submission relating to potable water valve, fire hydrants water meters, and/or potable water lines. One (1) completed project submission relating to wastewater manholes, wastewater pipes, lift stations, and/or air relief valves. These submissions shall include but not be limited to maps, dashboards, reports, problematic instances and what measures or methodology was utilized to address the issue(s), client estimate/final cost, contract performance and client satisfaction, and all other relevant details. For each project include the name, title, telephone number, and email address of the representative who can verify satisfactory performance. b) Provide the name, address, and telephone number of the key project members named on the projects submitted for demonstration. C) Provide detailed information to include but not limited to graphics such as pictures, or supply supplemental information to illustrate key aspects of these projects. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services ll 6. Approach to the Scope of Work (Max 2 pages) - To be attached online Provide in concise narrative form, the Proposer's understanding of the City's needs, goals and objectives as they relate to the project, and the overall approach to accomplishing the project. Give an overview on the proposed vision, ideas, and methodology. Provide timelines to support the approach. 7. References — Past Performance —To be attached online Provide a list of three (3) governmental agencies references for similar Geographic Information System Consulting Engineering contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. 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) Proposer Acknowledgement — Online Acknowledgement b) Proposer Qualification Statement— Upload Online c) Addenda Acknowledgement— Online Acknowledgement d) Anti-Kickback Affidavit— Upload Online e) Non-collusion Affidavit of Proposer— Upload Online f) Confirmation of Minority Owned Business - Online Form g) Certification Pursuant to Florida Statute § 287.135 - Upload Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General - Online Acknowledgement j) Local Business Certification - Online Form k) Statement of Non-Submittal (if applicable) - Online Form 1) Schedule of Sub-Consultants — Online Form m) Submit current Florida Professional License, including evidence of possession of required licenses or business permits —Attach and Upload n) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form —Attach and Upload o) Submit any Supplemental information relative to this RFQ —Attach and Upload Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 12 Page 999 of 814, 0 REQUEST FOR QUALIFICATIONS (RFQ) No. 007-2821-20/TP FOR "GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES" SECTION 4— EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA The City will designate a Selection Committee to review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFQ, and will be evaluated as follows: Evaluation Criteria Maximum Potential Points Qualifications of the Firm Including Past Performance 0-25 Assigned Staff Qualifications and Experience 0-20 Current and Projected Workload of Project Team 0-10 Project Approach 0-20 Demonstrated Knowledge of the (GIS) System 0-15 References 0 - 5 Local Business Certifications 0 or 5 Total Points 100 A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. 2. In the event less than three (3) firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three (3) Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 13 firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFQ and may create a short list of a minimum of three (3) firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations, the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement(s) based on the attached draft contract developed from this Request for Qualifications. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract(s) will be submitted to the City Commission for their consideration and approval. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 14 r o= REQUEST FOR QUALIFICATIONS (RFQ) No. 007-2821-20/TP FOR "GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES" SECTION 5—GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The Proposer 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 Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 2. RFQ FORMS: The Proposer will submit a RFQ on the RFQ forms provided. All RFQ prices, amounts and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFQ forms must be executed and submitted for easy identification. RFQs not submitted on RFQ forms herein may be rejected. All RFQs are subject to the conditions specified within this solicitation document. RFQs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFQ: RFQ must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. RFQ DEADLINE: It is the Proposer's responsibility to assure that the RFQ is submitted electronic by or at the proper time and date prior to the RFQ deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive any defect, irregularity or informality in any RFQ or RFQ procedure; B. Reject or cancel any or all RFQ's; C. Reissue an Invitation to RFQ; D. Extend the RFQ deadline time and date; E. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer 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; Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 15 Page 4812- -6 A4 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. 8. 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 RFQ no later than ten (10) days prior to the RFQ deadline. Inquiries must reference the date by which the RFQ is to be received. 9. 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. 10. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer 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 RFQs wherein a subconsultant is named and to make the award to the Proposer, 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 RFQ of any Proposer if the RFQ 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. 11. 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 Proposer through the City's e-Procurement system Boynton-beach.bidsandtenders.net, it is each Proposer's responsibility of each Proposer to have receive ALL addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their proposal and up until the RFQ closing time and date in the event additional addenda are issued. If a Proposer submits their proposal prior to the RFQ closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Proposer submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the RFQ Proposal. The Proposer 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 12. ANTITRUST CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach, the Proposer offers and agrees that if the RFQ is accepted, the Proposer 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 Proposer. 13. 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 Proposer will in no way be a cause for relief from responsibility. 14. ON PUBLIC ENTITY CRIMES—All Invitations to RFQ's as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 16 informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFQ on a contract or provide any goods or services to a public entity, may not submit a RFQ on a contract with a public entity for the construction or repair of a public building or public work, may not submit a RFQ on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list". 15. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this RFQ, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Consultant 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 Consultant of the City's determination concerning the false certification. Consultant 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, 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 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 Section 287.135, Florida Statutes, as amended from time to time. 16. NON-COLLUSION AFFIDAVIT: Each Proposer shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 17. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07(Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 18. ANTI-KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Consultant to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 17 19. 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 Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 20. ADVERTISING: In submitting a response, the Proposer agrees not to use the results there from as a part of any commercial advertising. 21. ASSIGNMENT: Any Purchase Order issued pursuant to this RFQ invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the CITY. 22. INDEMNIFICATION: The selected Proposer 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 Proposer(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants and 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 Proposer's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in and 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 Proposer's 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 Proposer's hereunder, for which the City may be entitled to a claim or indemnity against the Proposer, under the provisions of this Contract. Proposer shall have the right to control the defense of any such claim, suit or actions. The Proposer 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 Proposer's breach of any of the provisions of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 23. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant 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, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant must Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 18 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 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 24. CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost- effective completion of a given project will be provided. Specific Task Order stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The Agreement will be based on successful negotiation. 25. 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. 26. PALM BEACH COUNTY INSPECTOR GENERAL: The successful Proposer 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 Consultant Agreement/Task Order resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the Consultant/Surveyor and its Subconsultants and lower tier Subconsultants. The Consultant/Surveyor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant/Surveyor or its Subconsultants or lower tier Subconsultants to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this Agreement justifying its termination. The awarded Consultant (s)/Surveyor(s) will be required to sign the Palm Beach County Inspector General Acknowledgment Form as part of the final Consultant Agreement/Task Order. 27. 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 Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 19 Page 486 %-f A4 consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFQ submittal. Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the full 5 points allotted by each evaluation committee member. Firms not meeting the requirements of the Preference will receive zero points in this evaluation criterion. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 20 F t REQUEST FOR QUALIFICATIONS RFQ No. 007-2821-20/TP FOR "GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES" SECTION 6 — SPECIAL CONDITIONS 1. It will be the responsibility of the successful Proposer 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 RFQ 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 Proposer 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 Proposer 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 Proposer 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 Proposer shall at all times guard from damage or loss of property of the City or of other vendors or Consultants and shall replace and/or repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Consultants. 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 Proposer or his agent. 6. The City is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this Contract involves a project consistent with these goals and objectives. Consequently, the City is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its Consultant. Therefore, as the City's Consultant for this project, the Consultant assures the City that the Consultant, its employees, subconsultants and assigns will refrain from acting adverse to the City's legitimate interest in promoting the goals and objectives of this Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 21 Page 4818 -6 A4 project. The Consultant agrees to take all reasonable measures necessary to effectuate these assurances. In the event the Consultant determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the City. Upon such notification the City, in its discretion, may terminate this Contract. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 22 m e� � PROPOSER'S QUALIFICATION STATEMENT "TO BE COMPLETED AND UPLOADED ONLINE 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 Proposer is: The address of the principal place of business is: 2. If Proposer 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: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 23 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer 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-Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 24 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 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 Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 25 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 26 20. Is the financial statement submitted with your proposal (if applicable)for the identical organization named on page one? YES = 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 Proposer, 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 Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 27 Page 414 Uf 81 26. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of 12020 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 28 0 ANTI-KICKBACK AFFIDAVIT "TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 29 0 NON COLLUSION AFFIDAVIT OF PROPOSER "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 RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 30 k � '� tQ CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "TO BE 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 proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 31 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services 32 Draft Contract Subject to modification and final approval by City Attorney GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and TBD , hereinafter referred to as "CONSULTANT', in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a Request for Qualifications for GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES, RFQ No. 007-2821-20/TP; and WHEREAS, RFQ No. 007-2821-20/TP defined Scope of Services as GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on , 2020, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications; 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 Geographic Information System (GIS) Engineering Services by way of individual task order(s) / written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project which may be assigned to CONSULTANT is set forth on Exhibit "—A ". Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-1 Revised 12/2019 The CITY's Representative during the performance of this Contract shall be telephone (561) 742- The CONSULTANT'S Representative during the performance of the Contract shall be telephone ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of two (2) years, commencing on the date this contract is last signed by the City or Consultant. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial 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 a task order signed by the City and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, 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: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A " attached hereto. b. 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 checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-2 Revised 12/2019 Page 421 OFF 881 d. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in the negotiated value of each task order. Compensation will be through a direct mark-up in 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. e. 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. f. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Cost of services for any extension period of the contract shall be as agreed to by the City and CONSULTANT and reflected in a contract addendum. 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 agreement 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 copies, including reproducible copies, of drawing 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 Agreement, 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 Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, 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 Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for Geographic Information System (GIS) Engineering Services as they relate to the utility GIS System located at various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-3 Revised 12/2019 Page 422 Uf 810, Geographic Information System (GIS) Engineering Services practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shallTe not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, 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 Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, 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. 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. 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-4 Revised 12/2019 Page 429 Uf 810, shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain 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. 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. 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 minimum amount of $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 occurrence. 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 for Comprehensive Liability Insurance on a claims-made policy only Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-5 Revised 12/201.9 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT 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 CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of CONSULTANT. 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 Agreement, 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13 — TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 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 inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-6 Revised 12/2019 ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement 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 17 — TERMINATION 17.1 Termination for Convenience: This Agreement 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 Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement 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 Agreement 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 governmental actions. 19.2 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 Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-7 Revised 12/2019 Page 426 Uf 810, uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Procurement Services Attn: Director of Finance 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Notices to CONSULTANT shall be sent to the following address- Consultant- ADDRESS ddress:Consultant:ADDRESS CITY/STATE/ZIP Attn: Tel- Fax- Email- ARTICLE el:Fax:Email:ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, 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 Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 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 Agreement, 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 Agreement, 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. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-8 Revised 12/201.9 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each 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. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — PUBLIC RECORDS 23.1 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 CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT 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. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-9 Revised 12/2019 Page 428 Uf 81�, 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, 33435 561-742-6061 GIBSONC@BBFL.US ARTICLE 24 — SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT 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 CONSULTANT of the City's determination concerning the false certification. CONSULTANT 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, 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 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 Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-10 Revised 12/2019 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH CITY Manager CONSULTANT Attest/Authenticated Title (Corporate Seal) CITY Clerk Approved as to Form: Attest/Authenticated: Office of the CITY Attorney Secretary Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-11 Revised 12/2019 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. (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 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-Geographic Information System(GIS)Engineering Services C-12 Insurance Advisory page .491 -6 A4 EXHIBIT "A" FEE SCHEDULE FIRM: DATE: PERSONNEL CLASSIFICATIONS HOURLY RATE Principal Project Manager Senior Project Manager Engineer Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services Exhibit"A" C-13 Page 492 of 81 i REQUEST FOR QUALIFICATIONS GEOGRAPHIC INFORMATION SYSTEM(GIS)ENGINEERING SERVICES onets rcom me ee,aors us7m nerel,creme only wars RFQ DUE DATE:2/13/2020 rete" Imelyaswmeadove receM,g oama,a time RFP OPENING TIME: 230 P.M. Au ome�w�rssuomumo�nresPonsemmissoucrcnlon- RFQNo.:007-2821-20/TP ua, —h—y YAF,oas lace PROPOSERS KAITE111001MAl.IIc. oclATEs FL0111A TEIIIIIAL 101SULTAITS.LLc 1EIT1 All ASSOIIATES 111.oba KEITHPAITMAI .IIc. RouPI 477 S osemary Avenue suite 330 1800 Ell,,n ule 600 533 as cin— u,,#2 301 E. an lc ou eva 2035 V- aria am —h FL 334ll aceta BO,-Beach-FL3343s ompa,oeeacn-EL33oeo —t-D-0 11 rnacc Rmecca Trails ,nacc/gslca Komler rnacc games Barco, rnacc E,.,L-I., rnacc D—Rnyng Ph—-6551175—715 Ph—954 921T781 Ph—954 914— Ph—954 7-400 Ph—561 617 2220 s/-ilio E—I E—I procu—ttmegasaut-- a¢loarco,@mntec mor@mkac amy @,,gme RFQ E-BIDDING SUBMITTALS YES YES YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS Submitted Submitted Submitted Submitted Submitted N/A N/A N/A N/A N/A LETTER OF INTEREST Yes Yes Yes Yes Yes FIRMS QUALIFICATIONS Submitted Submitted Submitted Submitted Submitted QUALIFICATIONS OF PROJECT TEAM Submitted Submitted Submitted Submitted Submitted RESUMES Included Included Included Included Included CURRENT&PROJECTED WORKLOAD OF THE PROPOSER Submitted Submitted Submitted Submitted Submitted DEMONSTRATED KNOWLEDGE (2)P jacts successfully completed r,I,t,d to the scope of services Submitted-Ongoingl, tenance Submitted-Ongoing&(1)completed Submitted-Ongoing Submitted-Ongoing&(1)Complated Submitted-Ongoing APPROACH TO SCOPE OF WORK Submitted Submitted Submitted Submitted Submitted REFERENCES-PAST PERFORMANCE Yes Yes Yes Yes(2) Yes (3)Governmental Agencies Kshwaukea Water Reclamation District Cityof Weston City of Boca Raton Utility Department KEITH-City of Pompano Village of Pelm Springs,Florida Oak Creek Water&Sewer Utility Town of Surfside South Martin Regional Utility KEITH-Cityof Parkland Town of Cary,North Carolina Kimley-Horn&Associates-Village of Village of South Elgin Village of Estero Village of Wellington Pinecrest Cityof Delray Beech.Florida SCHEDULE OF SUBCONSULTANTSNone None None Y"(1) Yes(2) Kim+iorn&Associates Spatial FocusLLC Applied Ecology.,Inc. PROPOSERS QUALIFICATION STATEMENT Submitted Submitted Submitted Submitted Submitted ANTIKICKBACKAFFIDAVIT Submitted Submitted Submitted Submitted Submitted NON COLLUSION AFFIDAVIT OF PROPOSER Submitted Submitted Submitted Submitted Submitted CERTIFICATION PURSUANT TO FLORIDA STATUTE S 287.135 Submitted Submitted Submitted Submitted Not Submitted ACKNOWLEDGEMENT OF ADDENDA Addendum Not Yes Yes Yes Yes Yes Addendum Na 2 Yes Yes Yes Yes Yes ACKNOWLEDGEMENT OF DRUG-FREE WORKPLACE Yes Yes Yes Yes Yes PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT Yes Yes Yes Yes Yes LOCAL BUSINESS STATUS CERTIFICATION Submitted-Not Local Submitted-Not Local Submitted-Local Submitted-Not Local Submitted-Not Local Per PB CTY Tax Collector-Local Business since 1/25/2018-Renewal Issued 9/23/19 per APM policy 10.14.01- Requires a valid business tax receipt issuetl at least(1)year prior to solicitation. Department of Business&Professional State of Florida Department of State Department of Business&Professional State of Florida Department of State State of Florida Department of State Regulations-Board of Professional Certificate;Broward County Local Regulations-Board of Professional Certificate;State of Florida Board of Certificate;State of Florida Board of Engineers State of Florida Department of Business Tax Receipt Engineers;State of Florida Department of Professional Engineers-Keith& Professional Engineers;State of Florida State Certrficate State Certificate Associates,Inc.;State of Florida Board Department of Business&Professional of Professional Engineers-Kimley-Horn Regulation Board of Professional &Associates,int. Geologists-Applied Ecology Inc. STATE OF FLORIDA LICENSES Expires 2/28/2021-Professional License Expires 2/28/2021-Professional License Expires 2/28/2021-Professional License Expires 7/31/2020-Professional License GIS CERTIFICATION Submitted Submitted Submitted Submitted Submitted Kimley Horn&Associates.Inc STATEMENT OF NO SUBMITTAL N/A N/A N/A N/A N/A CERTIFICATION OF INSURANCE(C01)EVIDENCE OF COVERAGE Submitted-Expires 1/1/2021 Submitted-Expires 10/3/2020 Submitted-Expires 4/18/2020 Submitted-Expires 3/13/2020 Submitted-Expires 8/1/2020 FINANCIALS Available Upon Request Submitted-Confdental Not Submitted Not Submitted Submitted COMMENTS OTHER Firms QualRicatien Question#24-List Qualified Stormwater M..agementFirms QualRicatien Questien#24-Ust(1)Firms QualRicatien Questien#24-Ust(7) Firm Qualification Questien#24-Claims. (1)Case Inspector.CeriFcate of Qualifications Case Case Arbdrotions.Adm inistrotive hearings and (CCNA)Cityof West Pelm Beech.Palm Lawsuits in the last 5 years:O IIRBItions Beech County Small Business Enterprise Professional Surveyor and Mapper Cityof Decatur-Occupation Tax Business License-Keith&Associates, Certificate,State of Florida Women& Supplemental Information',Green Building Inc,&Kimley-Horn&Associates,int Minority Busniess CertRicatien-Applied Organizational Chart-Included Organizational Chart-Included Certification institute Ecology,Inc. Supplemental Information Supplemental Information ESRI Partner Network-Silver Tier Organization Chart-Included Organization Chart-Included ArcGIS Online Specialty Partner Supplemental Information Supplemental Information Organizational Chart-Included Tabulated by Taralyn Pratt 214/2020 Page 433 of 817 Bid Number: 007-2821-20/TP Bid Name: GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES Closing Date: 2/13/2020 2:30:00 PM Number of Submissions Received: 5 Evaluation: Start Date - End Date: 2/13/2020 12:00:00 AM - 5/04/2020 12:00:00 AM Consensus Meeting: 4/21/2020 9:00:00 AM EVALUATORS Name Stage Taralyn Pratt Submittal Compliance 2. Waneya Bryant Evaluation 3. Jake Hurley Evaluation 4. 1.1Tremaine Johnson Evaluation STAGES Number Name Type EN/A t N/A Submittal Compliance Compliance 1 Evaluation Evaluation Grand Total: Page 434 of 817 SCORES Submittal Compliance Vendor Score Baxter & Woodman Inc. Pass Calvin, Giordano & Associates, Inc. Pass Florida Technical Consultants, LLC Pass Keith and Associates, Inc. Pass Wantman Group, Inc. Pass 1 Evaluation MA endor Score out of 100.00 man Inc. 65.17 no & Associates Inc. 52.33 cal Consultants, LLC 80.00 ociates, Inc. 67.17 up, Inc. 71.17 CUMULATIVE SCORE RESULTS RankFidma Vendor Score out of 100.00 1 hnical Consultants LLC 80.00 2 Group, Inc. 71.17 3 Keith and Associates, Inc. E67. 74 Baxter & Woodman, Inc. 7 EE 5 Calvin, Giordano & Associates, Inc. 52.33 Page 435 of 817 Bid Number: 007-2821-20/TP Bid Name: GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES — FINAL RANKING Closing Date: 2/13/2020 2:30:00 PM Number of Submissions Received: 5 Evaluation: Start Date - End Date: 2/13/2020 12:00:00 AM - 5/21/2020 2.30:00 PM Consensus Meeting: 5/21/2020 2:30:00 PM EVALUATORS Name Stage 1. Taralyn Pratt Submital Compliance 2. Waneya Bryant Evaluation, Evaluation - Interview Stage 3. Jake Hurley Evaluation, Evaluation - Interview Stage 4.1 . Tremaine Johnson Evaluation, Evaluation - Interview Stage 5. 1Brandon Mingo Evaluation - Interview Stage STAGES Number Name Type Weight N/A Submital Compliance Compliance N/A 1 Evaluation Evaluation 100.00 2 Evaluation - Interview Stage Interview 100.00 Grand Total: 200.00 Page 436 of 817 SCORES Submital Compliance Vendor Score Baxter & Woodman Inc. Pass Calvin, Giordano & Associates, Inc. Pass Florida Technical Consultants, LLC Pass Keith and Associates, Inc. Pass Wantman Group, Inc. Pass 1 Evaluation Vendor Score out of 100.00 FFloridaTechnical Consultants, LLC 80.00ociates, Inc. 67.17 up, Inc. 71.17 2 Evaluation - Interview Stage Vendor Score out of 100.00 Florida Technical Consultants, LLC 94.67 Keith and Associates, Inc. 0.00 Wantman Group, Inc. 63.38 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 200.00 1 Florida Technical Consultants, LLC 174.67 2 Wantman Group, Inc. 134.55 3 Keith and Associates, Inc. 67.17 Page 437 of 817 6.0. Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-052— Authorizing the City Manager to enter into a National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding with CareerSource Palm Beach County to provide temporary jobs to assist with humanitarian aid, clean up and restoration activities due to COVID-19. Explanation of Request: CareerSource Palm Beach County received a grant through the Department of Labor to assist with those who have lost their jobs due to COVID-19 or are long-term unemployed. The grant funds cover the cost of employing temporary workers to assist with COVI D-19 related tasks, including sanitizing work areas and City facilities, assisting with monitoring for compliance with CDC guidelines in public spaces, City facilities and businesses and restaurants within the City. All temporary employees will participate in the same background checks required of all City employees. How will this affect city programs or services? This temporary program will help alleviate some of the extra tasks required to prevent the spread of COVI D-19. Fiscal Impact: This program has no direct cost to the City as the grant funding goes from the U.S. Department of Labor to CareerSource directly, who in turn will pay the temporary employees directly with no financial involvement from the City. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 438 of 817 ATTACHMENTS: Type Description D Resolution Resolution approving Me random of Understanding with CareerSource D Me random of Understanding CareerSource Me random of Understanding Page 439 of 817 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 5 INTO A NATIONAL EMERGENCY DISLOCATED WORKER 6 WORKSITE NON-FINANCIAL MEMORANDUM OF 7 UNDERSTANDING WITH CAREERSOURCE PALM BEACH 8 COUNTY TO PROVIDE TEMPORARY JOBS TO ASSIST WITH 9 HUMANITARIAN AID, CLEAN UP AND RESTORATION 10 ACTIVITIES DUE TO COVID-19; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, CareerSource Palm Beach County received a grant through the 14 Department of Labor to assist with those who have lost their jobs due to COVID-19 or are 15 long-term unemployed; and 16 WHEREAS, the grant funds cover the cost of employing temporary workers to assist 17 with COVID-19 related tasks, including sanitizing work areas and City facilities, assisting 18 with monitoring for compliance with CDC guidelines in public spaces, City facilities and 19 businesses and restaurants within the City; and 20 WHEREAS, this temporary program will help alleviate some of the extra tasks 21 required to prevent the spread of COVID-19; and 22 WHEREAS,the City Commission has determined that it is in the best interests of the 23 residents of the City to approve and authorize the City Manager to sign a National Emergency 24 Dislocated Worker Worksite Non-Financial Memorandum of Understanding with 25 CareerSource Palm Beach County to provide temporary jobs to assist with humanitarian aid, 26 clean up and restoration activities due to COVID-19. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission does hereby approve and authorize the City 33 Manager to sign a National Emergency Dislocated Worker Worksite Non-Financial 34 Memorandum of Understanding with CareerSource Palm Beach County to provide temporary 35 jobs to assist with humanitarian aid, clean up and restoration activities due to COVID-19, a C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\44F577D2-4886-447F-87F6-2BD13A416EF8\Boynton Beach.21241.1.Memorandum_Of Understanding With_Careersource Palm_Beach County_(Covid-19)_-_Reso.Docx Page 440 of 817 36 copy of the Memorandum of Understanding is attached hereto as Exhibit"A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 39 PASSED AND ADOPTED this day of June, 2020. 40 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor— Ty Penserga 47 48 Commissioner—Justin Katz 49 50 Commissioner—Woodrow L. Hay 51 52 Commissioner—Christina L. Romelus 53 54 VOTE 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\44F577D2-4886-447F-87F6-2BD13A416EF8\Boynton Beach.21241.1.Memorandum_Of Understanding With_Careersource Palm_Beach County_(Covid-19)_-_Reso.Docx Page 441 of 817 Federal Award Name: Disaster-FL-COVID-19 Grantor: United States Department of Labor Federal Award Identification Number(FAIN): DW-34657-20-60-A-12 Federal Award Year: PY2020 CFDA/CSFA Title and Number: WIOA National Dislocated Worker Grants, 17.277 NATIONAL EMERGENCY DISLOCATED WORKER WORKSITE NON-FINANCIAL MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CAREERSOURCE PALM BEACH COUNTY, INC. 3400 Belvedere Road,West Palm Beach, Florida 33406 AND (Insert Employer Name, Hereinafter Referred To As Contractor) CONTRACTOR ADDRESS: WORKSITE ADDRESS: (If different than Contractor's address) CONTRACTOR FEI #: WHEREAS, CareerSource Palm Beach County, Inc. (CareerSource)desires to enter into this National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding (MOU) with Contractor to provide temporary jobs to assist with humanitarian aid, clean up and restoration (collectively referred to as "Project") activities due to COVID- 19. NOW THEREFORE, in consideration of the mutual covenant and agreement expressed herein, CareerSource and Contractor hereby agree as follows. 1. TERM The term of this MOU shall commence on the date last signed by both parties and shall end on March 31, 2022. 2. TERMINATION Either party may terminate this MOU at any time for any reason for convenience, upon giving twenty-four hours (24) written notice to the other party. If said MOU should be terminated for convenience as provided herein, CareerSource will be relieved of all obligations under said MOU after the date of termination. 3. RECRUITMENT AND SELECTION It is understood by CareerSource and the Contractor that no legal employer-employee relationship is created or exists between CareerSource and the CareerSource referred job seeker or the Contractor and the CareerSource referred job seeker. CareerSource referred job seekers shall not be considered an employee of CareerSource or Contractor, although Contractor shall have all supervisory responsibility of the CareerSource referred job seeker. CareerSource shall be responsible for contracting with a third party to act as the employer of record for the CareerSource referred job seeker. The employer of record shall employ the job seeker, pay job seeker wages for all actual hours worked and provide Workers'Compensation coverage for all CareerSource job seekers referred to and approved by the Contractor. For purposes of workers' compensation coverage the job seeker shall be considered an employee of the third party employer of record. The Project shall consist of temporary work wherein a job seeker is referred by CareerSource to the Contractor and is given temporary job functions to perform under the direction and general supervision of the Contractor. Job seeker recruitment and eligibility determination shall be the responsibility of CareerSource. Job seekers determined to be eligible by CareerSource for the Project will be referred by CareerSource to the Contractor. Contractor shall have the right to reject a job seeker if the Contractor deems the job seeker to be inappropriate for a particular job or jobsite. Furthermore, the Contractor retains the right to dismiss a job seeker and refuse to allow that job seeker to return to the Contractor due to the job seeker's conduct or misconduct. 4. MAXIMUM EMPLOYMENT Contractor understands and agrees that no CareerSource referred job seeker shall begin temporarily working for the Contractor until this MOU is executed by both the Contractor and CareerSource. The maximum employment for a CareerSource referred job seeker funded under this MOU cannot exceed twelve (12) months or more than Two Thousand Eighty (2,080) hours, whichever occurs first. These limitations apply to the individual job seeker and not specific jobs or job descriptions. The Contractor agrees to provide an immediate response to CareerSource noticesof $�7 of f f6 National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding Page (51/ Zb) the job seeker reaching the maximum allowable employment limits and to release the job seeker from the worksite in a timely manner in accordance with the notice. Failure of the Contractor to respond as stated herein may result in the Contractor being responsible for payment of the additional wages attributable to exceeding the maximum employment limits stated in this Section 4. Job seekers shall not work overtime defined as in excess of 40 hours per pay period or per week, unless written authorization is received in advance by Contractor from the CareerSource point of contact stated in Section 6. Of this MOU. 5. PROJECT OPERATION AND REQUIREMENTS Project reporting requirements include, as applicable: (1) Employed in Temporary Disaster-Relief Employment- all eligible job seekers enrolled in temporary positions under this MOU must be enrolled using the NTW activity code., (2) Completed COVID-19 Public Health Emergency services- counted when all grant-funded activities have been closed., (3)Employment at completion., (4)WIOA performance indicators apply for individuals who are also enrolled in activities provided by other workforce programs (Wagner-Peyser, WIOA, TAA). The reporting requirements herein and any changes thereto, shall be automatically incorporated and made a part of this MOU. 6. WORK DESCRIPTION CareerSource will serve as the Administrative Entity to provide the overall guidance for the Project. CareerSource will conduct the programmatic requirements of the Project and will recruit and determine and document job seeker program eligibility, and match job seekers to employment opportunities. Only job seekers determined eligible and referred by CareerSource to the employer of record can be considered for hire by Contractor under the Project. To ensure program compliance, a CareerSource work site monitor will provide oversight of the job seeker and Contractor at regular intervals. A Job Description shall be written by the Contractor and maintained at the worksite by the Contractor for each job seeker served under this MOU. A copy of each job seeker job description shall be approved in writing in advance by CareerSource prior to the job seeker starting his/her temporary employment with the Contractor. Such Contractor's job descriptions are hereby incorporated herein and shall by reference be made a part of this MOU. Contractor must determine and ensure that all Contractor approved job seekers at all worksites are only performing Project approved work activities. Contractor shall notify the CareerSource point of contact immediately via telephone followed up within twenty four (24) hours in writing via email of any changes to the job seeker required work hours,job description and/or if the Project work has been completed and the job seeker's employment with the Contractor needs to be ended. The aforesaid termination notice, as well as all other notices required by this MOU, shall be considered received when delivered to the point of contact for each party. Each party may notify the other party in writing via email of any changes to their point of contact. Such change to the point of contact for either party may be made without a written amendment to this MOU. The point of contact for Contractor shall be designated on each job description submitted to CareerSource for approval. The CareerSource point of contact is as follows: Charles Duval, Associate Vice President, Business Services CareerSource Palm Beach County, Inc. 3400 Belvedere Road, West Palm Beach, Florida 33406 Telephone Number: (561) 829-2040 Ext. 2144 E-Mail: cduval@careersourcepbc.com 7. RESPONSIBILITIES OF CONTRACTOR The following are the responsibilities of the Contractor. The Contractor accepts and agrees that it shall: a) not displace or layoff any currently employed Contractor employee in a position to be filled with a CareerSource referred job seeker. Contractor worksites must not have had any layoffs of the jobs CareerSource is filling. No Contractor employee shall be displaced by a CareerSource referred job seeker. This includes partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits. It is illegal for Contractor to displace any regular employee or fail to fill a vacancy so that a CareerSource referred job seeker may fill the job requirements. b) direct and supervise job seeker work activities at Contractor worksite(s) in accordance with the CareerSource approved job seeker job description c) maintain the confidentiality of any information provided by or about any job seeker, except as otherwise approved and authorized in writing by the job seeker, or as otherwise authorized by law d) assign work to the job seeker during the entire time they are at the worksite e) require the job seeker's conformance with the Contractor's Personnel Rules of Conduct f) orient and train its work site Supervisory personnel including any alternate staff directly responsible for the supervision of the job seeker(s)as to the Contractor's responsibilities and obligations under this MOU g) be accountable for maintaining CareerSource job seeker time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each job seeker, certifying and signing ff $�7 job National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding Pagel f6 (51 8/Zb) seeker time sheets if all the prior requirements are met and by faxing the timesheets to the employer of record no later than 5 p.m. each Monday for the period commencing midnight on Sunday and ending on 11:59 p.m. on Saturday. Contractor agrees to accept direct financial responsibility for overpayment to the job seeker resulting from Contractor's negligence and/or misrepresentation of actual time worked by the job seeker. h) ensure that all required safety supplies and equipment are provided and used in the proper manner for the intended use i) conform to normal routines and functions befitting a reasonable business establishment, including but not limited to,appropriate supervision on the premises,displaying positive work habits and maintaining safe working conditions j) ensure that all sites where job seekers will be assigned are operated in a sanitary and safe manner in accordance with health and safety standards established by State and Federal law k) inform the employer of record and CareerSource immediately via telephone, followed up within twenty four (24) hours in writing via email should an accident or injury occur at the job site affecting or involving a job seeker and require the job seeker to complete a first report of injury form 1) notify CareerSource and the employer of record by telephone of any problem or concern regarding a job seeker's performance at a worksite as soon as possible, but at least within 24 hours of when the problem is identified m) not discriminate against any job seeker or potential job seeker because of race, color, religion, sex, national origin or disability n) ensure the job seeker receives fair and impartial treatment and that job seekers shall not be subjected to harassment of any type or form o) job seeker(s) will be offered the same terms of employment, working conditions as other members of the Contractor's workforce similarly employed. Contractor shall provide a copy of its policies and/or procedures to the job seeker covering any specific rules or regulations by which the job seeker is required to follow upon the job seeker's first day of temporary employment with the Contractor. p) Contractor will provide the requisite instruction, supervision, facilities and equipment necessary to train the job seeker q) Contractor shall not directly or indirectly assist, promote (encourage) or deter (discourage) union organizing. For any positions covered under a collective bargaining agreement, Contractor must obtain Notice of Concurrence from the bargaining agent. Contractor shall not employ a CareerSource job seeker without union concurrence, if workers are unionized. r) Contractor shall not employ a CareerSource job seeker to directly or indirectly aid in the filling of a job opening which is vacant because the former occupant is on strike, is being locked out in the course of a labor dispute, or the filling of which is otherwise an issue in a labor dispute involving a work stoppage s) job seeker(s) may not engage in or be employed in the construction, operation or maintenance of any facility used or to be used for sectarian activity t) job seeker(s)may not engage in or be employed in political activity or the instruction of worship or sectarian activities or in the construction of sectarian facilities. Job seekers may not engage in the operation or maintenance of any facility used or to be used for sectarian activity. u) notify CareerSource in writing immediately upon notice of the status of a job seeker when one or more of the following situations occur: 1. the job seeker has failed to attend the initial interview or refused a suitable work site offer or voluntarily quit 2. the job seeker was not accepted by the Contractor into temporary employment 3. the job seeker has experienced absenteeism or sickness or other problems 4. the job seeker secured permanent employment with the Contractor v) not charge the CareerSource job seeker a fee for the placement or referral of the job seeker in a Contractor position funded by this MOU w) follow all applicable wage and hour regulations, including but not limited to: the Fair Labor Standards Act of 1938 (et seq.); Occupational Safety and Health Act of 1970 (et seq.); Copeland "Anti-Kickback' Act (18 U.S.C. 874 and 40 U.S.C. 276c) as supplemented by the U.S. Department of Labor regulations, 29 CFR Part 3; Contract Work Hours and Safety Standards Act; Davis-Bacon Act as amended (40 U.S.0 276a to a-7) supplemented by Department of Labor regulations, 29 CFR Part 5 x) Contractor hereby represents that Contractor has paid all Federal, State and other taxes as may be required by law and that there are no tax liens filed against Contractor and no judgments entered against Contractor which have not been fully satisfied, discharged and released as of the date of the MOU. Breach by Contractor of the foregoing representation shall constitute a misrepresentation by Contractor and CareerSource may in its sole and absolute discretion terminate the MOU immediately upon notice to Contractor. 8. MODIFICATIONS/AMENDMENTS This MOU may be modified by either party only upon a written amendment to this MOU executed by both parties. This MOU shall be automatically amended without notice if there are Project changes in federal, state or local laws, rules, regulations or policies. National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding Page3 f6 (5718 0817 9. CONFLICT OF INTEREST Contractor certifies thatjob seekers referred to Contractor by CareerSource are not members of Contractor's immediate family or the immediate family of any of Contractor's supervisory or management staff. To avoid a conflict of interest, all Contractors who have any financial and/or family/relative relationship(s) as defined in Section 112.3143, F.S. with any CareerSource or Palm Beach Workforce Development Consortium (Consortium) staff member or CareerSource Board, CareerSource Committee or Consortium member must prior to execution of this MOU complete and submit to CareerSource the Conflict of Interest Disclosure form. 10. CERTIFICATION REGARDING DRUG-FREE WORKPLACE RULE Contractor assures and guarantees that it shall comply with the Federal Drug Free Workplace Act of 1988 and its implementing regulations codified at 29 CFR 94, subpart F and the Drug Free Workplace Rules established by the Florida Worker's Compensation Commission. 11. RETENTION OF RECORDS Contractor agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to this MOU for a period of 7 years. Contractor shall maintain complete and accurate record keeping and documentation as required by the CareerSource and the terms of this MOU. Copies of all records and documents shall be made available to the CareerSource upon request at no cost. All documentation must be clear and legible for audit purposes. Any records not available at the time of an audit will be deemed unavailable for audit purposes. 12. INDEPENDENT CONTRACTOR In the execution of this MOU and rendering of services prescribed by this MOU, Contractor shall maintain at all times its independent status, and shall be considered an independent Contractor in the performance of its duties and responsibilities under this MOU. CareerSource shall neither have nor exercise any control or direction over the methods by which the Contractor shall perform its work and functions other than as provided herein. Nothing in this MOU is intended to, nor shall be deemed to constitute, a partnership or a joint venture between the parties. No provision of this MOU, act of Contractor in the performance of this MOU, or act of CareerSource in the performance of this MOU, shall be construed as making Contractor the agent, servant or employee of CareerSource. 13. INDEMNIFICATION/HOLD HARMLESS To the extent not otherwise prohibited or limited by Florida law or Federal law or regulation, and without waiving any defense or immunity, Contractor shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold harmless CareerSource and the Palm Beach Workforce Development Consortium, any director, employee, or agent, officers, heirs, and assignees employees of CareerSource and the Palm Beach Workforce Development Consortium, and the Palm Beach County Board of County Commissioners from liability of any nature and kind, including costs, expenses, and attorney's fees, for or on account of any actions, suits or damages of any character whatsoever arising out of any negligent act or omission of the Contractor or any employee, agent, subcontractor, or representative of the Contractor. In the event of any claim or suit against CareerSource or the Palm Beach Workforce Development Consortium on account of any alleged patent or copyright infringement arising out of the performance of this MOU or out of the use of any supplies furnished or work or services performed under this MOU, Contractor shall furnish to CareerSource, when requested, all evidence and information in possession of Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of CareerSource except where Contractor has agreed to indemnify CareerSource or the Palm Beach Workforce Development Consortium or the Palm Beach County Board of Commissioners. 14. NON-ASSIGNABILITY CLAUSE This MOU or any right accruing hereunder shall not be assigned by Contractor in whole or in part. Any assignment in violation hereof shall be invalid. 15. GOVERNING LAW AND VENUE The place for any hearing, arbitration or otherwise, shall be Palm Beach County, Florida. This MOU shall be interpreted under the laws of the State of Florida. 16. PUBLIC ANNOUNCEMENTS AND ADVERTISING/STEVENS AMENDMENT Contractor agrees that when issuing statements, press releases, request for proposals, bid solicitation, and other documents describing the project funded in whole or in part under this MOU, Contractor shall clearly state: (1) the percentage of the total cost of the project which will be financed with Federal money under this MOU and (2)the dollar amount of Federal funds for the project (3) Percentage and dollar amount of the total costs of the project that will be financed by non-governmental sources. 17. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER MATTERS Contractor certifies that it is not currently presently nor previously within a three-year period in accordance with the U.S. Department of Labor regulations at 29 CFR Part 98, 29 CFR Part 95 and 45 CFR Part 74 preceding the effective date of the MOU, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromcovered 817 red National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding Page f6 (51 8/Zb) transactions by any federal department or agency. No contract shall be awarded to parties listed on the GSA List of Parties Excluded from Federal Procurement or Non-Procurement Programs. 18. NONDISCRIMINATION AND EQUAL OPPORTUNITY Contractor shall establish and maintain a non-discrimination policy in accordance with the Executive Order 11246, as amended by Executive Order 11375, Section 188 of the Workforce Innovation and Opportunity Act of 2014, Executive Order (EO) No. 11246, The Age Discrimination Act of 1975 as amended, Section 654 of the Omnibus Budget Reconciliation Act of 1981 as amended, Title VI of the Civil Rights Act of 1964 as amended, which prohibits discrimination on the basis of race, color or national origin, Section 188 of the Workforce Innovation and Opportunity Act of 2014 (WIOA), 42 U.S.C. 2000 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, as amended, Title IX of the Education Amendments of 1972, as amended, The American with Disabilities Act of 1990, P.L. 101-336 Executive Order (EO) No. 11246, Equal Employment Opportunity, as amended by EO No. 11375, and as supplemented in Department of Labor regulation 29 CFR parts 33 and 37 as well as 41 CFR, part 60 and 45 CFR part 80 if applicable. 19. CERTIFICATION REGARDING THE FEDERAL WATER POLLUTION CONTROL ACT AS AMENDED When applicable, Contractor shall comply with Section 508 of the Clean Water Act as amended (33 U.S.C. 1368 et seq.), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15). The Contractor shall report any violation of the above to the CareerSource. 20. ENERGY EFFICIENCY AND ENERGY POLICY ACT OF 2005(PUBLIC LAW 109-58) Contractor agrees to comply with all provisions of the Energy Policy Act of 2005 (Public Law 109-58). Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 21. NON-DISCRIMINATION EQUAL OPPORTUNITY ASSURANCES, CERTIFICATIONS, OTHER PROVISIONS Contractor agrees that it will comply fully with the following: 1) Title VI of the Civil Rights Act of 1964 as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color or national origin. 2) Section 504 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability. 3) Title IX of the Education Amendments of 1972 as amended, 20 U.S.C. 1681 et. Seq. which prohibits discrimination on the basis of sex in educational programs. 4) The Age Discrimination Act of 1975 as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age. 5) Section 654 of the Omnibus Budget Reconciliation Act of 1981 as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. 6) Section 188 of the Workforce Innovation and Opportunity Act of 2014 (WIOA),which prohibits discrimination against all participants in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or Participation in any WIOA Title I financially assisted program or activity. 7) The American with Disabilities Act of 1990, P.L. 101-336, which prohibits discrimination on the basis of disability and requires reasonable accommodation for persons with disabilities. 8) Equal Employment Opportunity (EEO): The Contractor agrees that it shall comply with Executive Order (EO) No. 11246, Equal Employment Opportunity, as amended by EO No. 11375, requires that Federal contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. It also requires the contractor/subcontractor to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin and as supplemented in Department of Labor regulation 29 CFR Parts 33 and 37 as well as 41 CFR Part 60 and 45 CFR Part 80 if applicable. 9) Contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. Contractor understands that the United States has the right to seek judicial enforcement of this assurance. 22. MONITORING At any time and as often as CareerSource,the State of Florida, United States Department of Labor, Comptroller General of the United States, the Inspector Generals of the United States and the State of Florida, or their designated agency or representative may deem necessary, Contractor shall make available all appropriate personnel for interviews and all financial, applicant,orjob seeker documents, papers and records or other data relating to matters covered by this MOU for examination and/or audit, and/or for the making of excerpts or copies of such records for the purpose of auditing and monitoring activities and determining compliance with all applicable rules and regulations, and the provisions of this MOU. The above referenced records shall be made available at the Contractor's expense, at reasonable locations as determined by CareerSource. National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding Pages f6 (51�89b)$1 7 IN WITNESS WHEREOF, Contractor and CareerSource have caused this MOU to be duly executed as of the date set forth below. APPROVED BY: Contractor APPROVED BY: CareerSource Print Contractor's Name BY: BY: Signed Authorized Contractor Representative Signed Interim President/CEO Julia Dattolo Highest Ranking Officer Such As The President/CEO Print Individual's Name &Title Highest Ranking Officer Such As The President/CEO WITNESS: WITNESS: DATE: DATE: National Emergency Dislocated Worker Worksite Non-Financial Memorandum of Understanding Page6 f6 (5118/Zb)$1 7 6.R Consent Agenda 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on May 19, 2020. Explanation of Request: The City Commission met on May 19, 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 05-19-2020 Minutes with Attachments Page 448 of 817 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, MAY 19, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Woodrow L. Hay, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner (connected at 6:02pm due to technical issues) Justin Katz, 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 Vice Mayor Penserga provided the invocation. Pledge of Allegiance Commissioner Katz led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added a presentation by Eleanor Krusell, Public Communications and Marketing Director, as item 3-D. 2. Adoption Motion Vice Mayor Penserga moved to approve the agenda as amended. Commissioner Hay seconded the motion, which unanimously passed. 2. Other Page 449 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 A. Informational items by Members of the City Commission Commissioner Hay and Commissioner Katz had no disclosures. Commissioner Romelus spoke with Bradley Miller regarding two items on the agenda. Vice Mayor Penserga indicated he also spoke with Bradley Miller regarding the two agenda items. Mayor Grant stated on May 7t", he spoke with Dr. Fennoy, who reached out to the elected leaders and was trying to renew a partnership with the City of Boynton Beach to get information out to the public. He wished everyone a wonderful Mother's Day. Noted he chairs the Transportation Disadvantage Board and learned more regarding the transportation needs for the State of Florida. The Florida Department of Transportation is creating a transportation plan. Mayor Grant indicated residents could access the FDOT.com website to provide their opinion on what was important to each resident. He also spoke with Bradley Miller of Miller Land Planning. 3. Announcements, Community and Special Events and Presentations A. Proclaim the week of May 17, 2020 as Water Reuse Week. Laura R. Corry, Regional Representative with South Florida Water Management District will be present to accept the proclamation. Mayor Grant read the proclamation into the record. Crystal Gibson, City Clerk, stated that Laura Corry, Regional Representative with the South Florida Water Management District, was having technical issues connecting to the meeting. She then read Ms. Corry's comments into the record: "The South Florida Water Management District really appreciates this proclamation and all the efforts of the Mayor and the City on water conservation. Reuse is another tool we have to extend our potable water." B. Announce that hurricane season begins June 1st and the Solid Waste Division is urging residents to do their part by conducting tree trimming early in preparation for the hurricane season. Mayor Grant announced that Hurricane season begins on June 1, 2020. He asked residents to conduct their tree trimming early in preparation for the season. Noted if in the event there is a named storm, there is no guarantee that vegetation or bulk items would be picked up before the storm arrives. As part of a normal vegetation pick up, residents can place 3 cubic yards of vegetation weekly, set out the day before their scheduled pickup date. The vegetation must be placed at the roadside, leaving 3 feet 2 Page 450 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 around any obstructions such as mailboxes cars or recycling bins. Bulk trash and vegetation must be separated for pick up. Any trash or debris mixed in with vegetation will have to be removed by the resident prior to pick up. Large tree stumps and trunks larger than 4 feet in diameter will not be picked up. If residents require special pick-up, contact the Solid Waste Division at 561-426-2000, Monday through Friday, 7:30 a.m. to 4:30 p.m. C. Announce the Solid Waste Division will be holding its first Tire Amnesty Week for City Residents the week of June 1, 2020 to June 5th, 2020. Mayor Grant announced the Solid Waste Division would be holding Tire Amnesty Week for City Residents, beginning, June 1, 2020 through June 5th, 2020. During that week, residents may place at the curb up to eight (8) car and/or passenger tires (with or without rims) for pick up. If residents miss the June Tire Amnesty Week, the Solid Waste Division will hold a second Tire Amnesty Week during the week of November 2, 2020 through November 6, 2020. D. Presentation by Eleanor Krusell, Public Communications and Marketing Director, regarding a Memorial Day online celebration on May 25th Eleanor Krusell, Public Communications and Marketing Director, stated Memorial Day is traditionally celebrated on Saturday the 23rd at Boynton Beach, Memorial Park, but due to COVID-19, some changes needed to be made regarding the accommodation. The Marketing Department has planned a virtual tribute honoring the men and women who died while serving our County. A video is being created and will be shared on the City of Boynton Beach Facebook page and YouTube channel on Memorial Day, May 25th at approximately 2:40 pm. The Mayor and Commissioner were invited to email a greeting to be added to the video. Indicated a photo of the new Veteran's Park, along with Tom Kaiser in his military uniform at the age of 17 is being included. In addition, St. Joseph School would provide photos for inclusion, The Marketing Department are distributing 100 American flags to Mission Barbecue restaurant. There will be a traditional Star-Spangled Flag salute outside of the restaurant at 12 noon. Mission Barbecue will provide the first 100 patrons a free 3x5 American flag on behalf of the City of Boynton Beach to display on Memorial Day in honor of our fallen heroes. The City is also disseminating stamped picture postcards. The Water Tower will be lit red white and blue for the holiday weekend. The City newsletter Banner will feature a photo of Memorial Day from the past and news articles from the city archive. The city's website home page will have a pop-up message. The City of Boynton Beach will be celebrating Memorial Day on Facebook, Twitter and Instagram. Nextdoor accounts will also feature a photograph from past Memorial Day, the digital Marquis and billboards will be displaying a Memorial Day messaging. Eleanor Krusell announced the planned Centennial events to play free at the links has been scheduled for Sunday, June 7th, the Centennial fact of the month is the golf course was opened on June 7th, 1984. Ms. Krusell announced that after consideration, the City 3 Page 451 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 would keep the Centennial event for the golf course. Beginning May 31St at 7 a.m., the first 100 golfers to book a tee time will not be charged to play and the next 200 golfers will be charged $19.20. This is in celebration of the City of Boynton Beach Centennial. 1920 was the incorporation of the City of Boynton Beach. 4. Public Audience Elizabeth Louis said she wanted to thank the Commission and Mayor. She is a real estate Broker in East Boynton Beach and explained one of her customers has been dealing with a pre-existing code violation, which was unknown to her client. Ms. Louis indicated staff stepped up and rush things along for him. This was amazing. Susan Oyer, 140 SE 27 Way, stated she attended a webinar for sustainability for the Sustainability action team. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Building Board of Adjustment and Appeals Education and Youth Advisory Board Historic Resources Preservation Board Library Board Mayor Grant announced openings for each Board. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve task order UT-3E-02 with West Architecture + Design, LLC in the total amount of$86,040 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 to provide professional architectural and landscape design services for the design of a new public works facility. B. Legal expenses for April 2020 provided at the request of the City Commission. No action required. 4 Page 452 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 C. Proposed Resolution No. R20-040 -Adopting a Complete Streets & Mobility Policy with the goal of enhancing the City of Boynton Beach's multi-modal transportation network. D. Accept the Inclusion Works Business Recognition Program quarterly report for January - March 2020. E. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2020, Unaudited. F. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2020, Unaudited. Motion Commissioner Hay moved to approve the agenda as presented. Vice Mayor Penserga seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 Vice Mayor Penserga pulled item 7-B. 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 May 19, 2020 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R20-041 -Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$141,502.00 for the continued maintenance and repair of the City's radio communications system. Vice Mayor Penserga requested clarification for types of services offered for $141,502. Inquired how often are the radios breaking. Police Chief Michael Gregory explained this cost funds general maintenance and repair service for the radio system, as well as are five console systems, which are what the dispatchers use to contact the police officers. Chief Gregory explained there are five repeaters, which are part of the infrastructure, and are basically antenna systems around 5 Page 453 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 the city that receive the radio signal from the handheld radios, which increase the signal strength so they could be picked up by our Master System are part of the infrastructure. Chief Gregory provided a listing of equipment covered by the purchase order and explained the equipment was very expensive. Noted if there is an outage of any sort or any type of malfunction within the system, Motorola is on call and available twenty-four hours a day. The radio system a critical infrastructure for police and fire. Vice Mayor Penserga asked how often the equipment fails. Chief Gregory stated the equipment was military grade, so it is made to withstand extreme heat and rain. Vice Mayor Penserga asked if there is a storm strike would that be covered. Chief Gregory responded if the equipment was hit by lightning the company would not replace the equipment. This is basically an act of God. The City warranty would not be in effect. Commissioner Hay inquired as to the lifespan for the handheld radio. Chief Gregory responded the average lifecycle is 8-10 years for the radio. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion, which passed unanimously. C. Proposed Resolution No. R20-042 -Approve Piggybacking the Sourcewell Contract #022217-NWF with Verizon Connect NWF and authorize the City Manager to sign a piggy-back Agreement Approve issuance of a purchase order for an automatic vehicle location (AVL) system in the estimated amount of$105,000 with an annual cost of$67,000 and a one time set up fee of $38,000. The Sourcewell Contract #022217-NWF satisfies the City's competitive bid requirements. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda for items over $100,000 as amended. Commissioner Katz seconded the motion, which passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-011 - First Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). 6 Page 454 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Attorney Cherof read the proposed Ordinance No. 20-011 into the record on first reading. Attorney Cherof indicated these were quasi-judicial proceeding. Swore in all those who wished to speak. Bradley Miller, Miller Land Planning, Inc., on behalf of property owner Jarod Doros, is requesting approval to construct a multifamily residential development consisting of ten (10) townhomes, each with two cars garage and two additional parking spaces. The two- story structures and the associated residential amenities, parking, landscaping, and lighting are on a 0.67-acre property, the zoning request for changes to the Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) The subject 0.67-acre property consists of two lots and is in the Federal Highway District, South of the Community Redevelopment Area (CRA), approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Relative to traffic, the project is estimated to generate 31 additional vehicle trips over the current uses of the properties, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR) and rezoned to the IPUD Infill Planned Unit Development District. This MSPM (Major Site Plan Modification) application is being processed concurrently with the application for Future Land Use Map (FLUM) amendment and rezoning. The proposed building elevations depict the top of parapet height of 26-8", comparable with the 30-foot maximum height allowed within the City's single-family zoning districts, and compatible with the surrounding properties. The Planning and Development Board recommended approval of the item at the April 28, 2020 meeting. Mr. Miller informed the Commission the development was surrounded to the east by Coastal Bay and to the South by Coastal Bay and then Kensington Place, which is another Townhouse Community to the west. Across the street across Golf Road is some older multi-family housing. The request is to change the land use to special high density residential and the slide showing the existing land use on the left side of the slide is what is existing. Mr. Miller provided some slides to show the special high density to the east and to the south of Coastal Bay and the medium density residential to the west. The existing designation is local retail commercial and changing it to be more consistent with the residential. 7 Page 455 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Miller believed the Special High Density was the way to go and with the IPUD zoning the layout with the driveway through the middle building one the northern building as driveways that lead to a two-car garage all ten units have two car garages and all 10 units have space for two cars behind the garage. Indicated each building would have full four spaces. The complex would have 40 parking spaces where only 20 are required. The garages are all being wired to have accessibility for electric cars. The IPUD zoning requires the recreation area which is the that southwest corner Green Space of 200 square feet per unit 2 then we have over the 2,000 square feet. The chart on the bottom right is giving you a breakdown of the sizes of the units. Are there nice sized units all but one is three-bedroom two-and-a-half-bath two-story townhouse units. Mr. Miller showed the landscape plan. Indicated there is a lot of landscape. The Planning and Development Board recommended conditions would be to provide some additional security along the front of the building. Along the edge of Golf Road, the Blue Line the applicant decided to add a little 4-foot rail fence. Mr. Miller stated the applicant does not want anyone walking through their gate to be surprised some of the other side by unfriendly visitor. The fence itself is going to be black contrary to what the photos showing and match with the railing that are on balconies as part of the architecture. Incorporated the small rail fence would address the Planning and Development Board concerns, and give the owners a little more privacy, and separation from that the public road and the public sidewalk. The other condition was for landscaping on the west side of this building. He believes there was enough landscape along the West Side. He feels the second condition from the Planning and Development board was already satisfied. We have gone through the relatively new code and comply and exceed the sustainable development standards. Mr. Miller indicated there are also some flowering small flowering trees that will kind of offset from the palm trees that run along Golf Road South Southeast 23rd here and would add some color and a little more foliage along the frontage of the road. Mr. Miller summarized the client's application request. Applicant is requesting the change in the land use and the zoning to special high density and IPUD respectively in the Master Plan, which goes with the IPUD there were the conditions are accepted. Commissioner Katz stated he was a proponent of townhomes, because of the price this allows people to own a home. He like the style as well as the two-story building. Indicated Lake Worth and Delray have many townhomes. He likes the features being incorporated into the homes. Commissioner Hay agreed with Commissioner Katz, asked on the conditions of approval, was the landscaping the only condition of approval. 8 Page 456 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Miller responded there were two conditions for landscaping, he requested to modify to reflect the fence instead of the landscaping and eliminate the additional landscaping condition. Commissioner Romelus indicated she liked this project and is in favor. Vice Mayor Penserga stated this was a modern project. He was impressed the units have electric charging stations. He was in support of the project. The density was less than the neighbors and the height as well. Praised the Planning and Development Board for the work they did. Mr. Miller responded all the townhomes were wired for the electric cars. Commissioner Romelus asked if about shades trees. Mr. Miller stated there would be some canopy trees as well as flowering trees. Vice Mayor Penserga asked if the fencing goes around the entire building. Mr. Miller stated it goes from corner to corner of the building. Commissioner Hay asked what type of trees would be planted. Mr. Miller stated he need to get the information to the commission. Mayor Grant stated that this building is in the CRA district. Indicated these buildings are over 50 years old. Noted there was only one, 10 acres of farmland available in the City of Boynton Beach left. Hopefully this would spur development in the area. Open to public: Susan Oyer, 140 SE 27th Way, indicated she was sworn in. Noted she sits on the Planning and Development board and discussed the two conditions. The fence was perfect. Someone asked to have more landscaping of the building. To have something to fill-in the area. So that east bound traffic had something to look at. Commission for Comment: Mayor Grant stated the applicant has met the landscape conditions. Commissioner Katz indicated this was a good use of the land Motion Commissioner Hay moved to approve proposed Ordinance No. 20-2011. Commissioner Katz seconded the motion. Clerk Gibson called the roll. Vote 5-0 9 Page 457 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Proposed Ordinance No. 20-012 - First Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. Attorney Cherof read the proposed Ordinance No. 20-012 into the record on first reading. Swore in all those wishing to speak. Motion Commissioner Katz moved to approve proposed Ordinance No. 20-012. Commissioner Hay Seconded the motion. Clerk Gibson called the roll. Vote 5-0 B. Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67-acre property. Applicant: Jarod Doros, JWD Builders. Motion Commissioner Hay moved to table the Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development to June 2, 2020. Commissioner Katz Seconded the motion, which was unanimously approved. C. Proposed Ordinance No. 20-013 - First Reading -Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Attorney Cherof read the proposed Ordinance No. 20-013 into the record on the first reading. Bradly Miller, Miller Land Planning, said the 3.87-acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned, and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, but due to the economic downturn, the project was abandoned. Since then, the owners found an economically feasible use for the property, given its layout and the steadily rising land and construction prices. To increase development feasibility of the site, the applicant is requesting that the future land use of the property be amended to High Density Residential (HDR), and its zoning changed to Infill Planned Unit Development (IPUD), the district recently approved to be paired with the HDR category. 10 Page 458 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Miller stated there may be some marketing challenges regarding the location. There is a cemetery and 1-95, but the applicant believes there is a market. A new project may give some new hope to an area, which needs it. The HDR/IPUD future land use and zoning allows a maximum density of 15 dwelling units per acre. The subject property is currently under the Medium Density Residential (MEDR) classification and R-3 zoning, with maximum density capped at 11 dwelling units per acre. Its neighbor to the south, the Pine Point Community, carries the same designations. The proposed IPUD district is a residential-only, multi-family zoning district, as is R-3. Arguably, the difference between 11 and 15 units per acre can be considered of no major significance in terms of potential negative impacts, and the project is designed to minimize such impacts. Mr. Miller showed the drainage area, the project has five buildings consisting of two to three story buildings. These are walk up units. There would be 58 total units. There is an excess of parking. Staff recognized there may be more people with a 3-bedroom unit. Client follows the required recreation areas. There is landscape buffering within the area. Parking allows for the solid waste vehicle to maneuver around the trash containers without any issues. There is a pedestrian walkway, which connects to Seacrest where there is an existing bus stop, and there is a condition of approval to provide a covering for the bus stop. A thick hedge would be provided, 10 feet wide. There are some Flake Holly, which are allowed by FPL. The nearest building is pine point. The building slopes away. Mr. Miller stated he has been in contact with the cemetery and management has requested some conditions, which the client agreed. Indicated there are some gravesites near the wall, instead a 6 ft. aluminum rail fence around the property with some cocoplum hedges the hedge would be maintained at 6 ft. hedge. A landscape hedge instead of a wall would be better. There is an office, bike racks, mailbox systems with additional parking which has electrical parking stations. Mr. Miller noted no incompatibility issues would arise north from the cemetery and the west of interstate 95 of the property, the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. Mr. Miller read the condition in the record Pursuant to the proposed site plan and the landscaping planting plans a five-foot-wide landscape buffer is to be installed the entire length of the north property line, adjacent to the cemetery. The border shall consist of the following Add a 6ft high black aluminum fence a red tip cocoplum hedge,with 3-gallon plant the hedge should allowed to grow 6 feet. Loxahatchee grass, and trees such as the gumbo-limbo, live oak and cabbage palm. Provided several renderings of the building and the recreational facilities along with the landscape 11 Page 459 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Commissioner Hay asked if the notched dipped area belonged to the cemetery and asked if the applicant has negotiated to purchase the notched dipped area. Mr. Miller indicated there are existing gravesites in the notched area. Commissioner Romelus stated she supported the project. Mayor Grant noted on Seacrest between Gateway and Hypoluxo this is one pedestrian crossing, on NW 23 he requested the applicant to apply for a pedestrian crossing light. Currently on Seacrest there is a suicide lane North of gateway is a residential area. This is not a requirement if the county does not deem it a requirement. This is a residential neighborhood. A Pedestrian crossing is needed at that crosswalk. Commissioner Katz asked the current land value and the projected value as a result of the development. Mr. Miller stated he did not. Commissioner Katz ask what the cost of the development. Mr. Miller responded the cost was estimated between $12-13 million dollars. Commissioner Katz noted this land has been vacant for long period of time. He was in favor of the development and believe this project would have demand. He appreciates the investment in the community. Vice Mayor Penserga supports the major request, of a pedestrian crossing, he was not sure where the school bus stop would be, nut imagine there may be lots of kids in the neighborhood. Regarding the southern hedge, separating from Pine Point Vilas, it looks like there are two sets of hedges. Mr. Miller stated they are adding on to the existing hedge. Vice Mayor Penserga liked the hedges and the building has electric car charging stations. The Planning and Development Board mention these are rental units, could there be a possibility of rent to own units. Mr. Miller stated the request is for 58 units, the Planning and Zoning does not distinguish between rental and non-rental. This is a rental Market, not a homeownership market. Vice Mayor Penserga stated there are kids of different ages, does this development have a space for young teens. He would rather have some type of sports for the young teens. Instead of having a Gazebo on the other side, instead combine for a large open green flex space. Mr. Miller replied this idea was discussed. He said it could combine the tot lot with the pavilion and leave the other area open. Keep the same recreation area. Vice Mayor Penserga stated given this is adjacent to a cemetery, requested the applicant and the construction workers could take a pause until the service are done. Mr. Miller stated the owner was listening. He believed this would be a conversation with the cemetery. 12 Page 460 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Kathleen Kyriakou, 221 Bayview Avenue, Unit B, indicated she has taken the oath. Noted they are a 55 and over community. The reason they purchased their home because they wanted an adult community. She feels the community was not taken into effect. Suggested having a meeting in person, so that comments could be made, would be better suited for members of her community. She respectfully requests a postponement until the resident of this community could attend in person. Mayor Grant stating the applicant has done more than what was expected regarding the community. Indicated there is a lot of noise from 1-95 every day. He believed this would add value to this community. The applicant is required to pay an additional park and recreation fee. With this fee, the City could investigate adding some facilities to the Rosemary Scrub. Commission Hay asked if the Mayor's condition of approval was for the applicant to apply for the pedestrian crossing light. Mayor Grant clarified the applicant only needs to apply for the pedestrian crossing, if Palm Beach County rejects, then the applicant has satisfied the condition. Mr. Miller requested clarification regarding the signaling, the city was speaking about pedestrian crossing signals not a vehicle signal. They would go to the county for a driveway permit; they will have the conversation with the county about the pedestrian crossing as well. Commissioner Hay asked if the garbage truck making the sharp turns was taken into consideration. Mr. Miller showed the inside and the outside radius and indicated this was reviewed by the City of Boynton Beach staff. Mr. Miller clarified there was an additional condition of approval from the Planning and Development Board suggesting a basketball court. The applicant can come back with some reconfigurations for the recreational areas at the second reading, when the site plan is presented. Mayor Grant request another slide of the options at the second reading. Mr. Miller replied he would work with staff for a revised condition of approval to be implemented. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-013, Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR) with the additional condition of approval for the applicant to apply for a pedestrian crossing from Palm Beach County. Commissioner Romelus seconded the motion. Clerk Gibson called the roll. Vote 5-0 13 Page 461 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Proposed Ordinance No. 20-014 - First Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. Attorney Cherof read the proposed Ordinance No. 20-014 into the record on first reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-014 Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD infill Planned Unit Development District. Commissioner Katz seconded the motion. Clerk Gibson called the roll. Vote 5-0 D. Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to IPUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staffs 21 recommended conditions of approval plus two additional Board conditions. Motion Commissioner Romelus moved to table the Miraflor Apartment Major Site Plan Modification to the June 2, 2020 commission meeting. Commissioner Katz seconded the motion, which passed unanimously. E. Proposed Ordinance No. 20-015 - First Reading - Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Attorney Cherof read the proposed Ordinance No. 20-015 into the record on first reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Michael Low, Deputy Director for Utilities, indicated that in 2002 the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The South Florida Water Management District completed their update to the Lower East Coast Water Supply Plan in November 2018. 14 Page 462 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Mr. Low stated all utilities are required to update and adopt their 10-year Supply Plan within 18 months. The plan is then incorporated into the City's Comprehensive plan. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These local 10-year plans are required to be based on the latest relevant Regional Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC)Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub- Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. In accordance with the state regulations cited above, the adoption of the update to the City's Water Supply Plan is anticipated to take place in July 2020. The Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. Mr. Low stated saltwater intrusion from the ocean as the Oceans Rise the Western Well field which we now tap for the East Water Plants as well as the West Water Plant has 14.36 million gallons of capacity per day. The City of Boynton Beach purchased a million gallons of capacity from the Palm Beach County Utility. The City has paid the cap fee, but only pay usage when The City interconnects. The good news from this to report is that we have enough water going forward based upon these very aggressive population projections. Mayor Grant asked if the Utility department expected to expand to other municipalities in the next 5-10 years. Mr. Low responded the City Utilities are continuing to review other municipalities. Staff is looking at older mobile home parks. Mayor Grant stated this was an enterprise fund, which brings revenue into the city and require less taxes for the residents and the businesses. Vice Mayor Penserga requested clarification regarding saltwater intrusion in the eastern wellfield. What is the future of the eastern well field? Mr. Low explained an upcoming analysis is being done to look at the impact of saltwater at the lower levels of the aquifer and the City of Boynton Beach raised the wells in the Eastern Water field. The city has reduced the demand from some of the wells closer to the ocean so the city relying more upon Wells closer to the E4 Canal system because they are more readily replenished. Vice Mayor Penserga asked about the daily consumption table, where does the city rate in comparison to other municipalities. Mr. Low stated they had one of the lowest consumptions in comparison to other utilities. 15 Page 463 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Vice Mayor Penserga asked why the consumption is lower in comparison to other utilities. Mr. Low replied this was because of aggressive changes made after the 2007-2008 economic downturn. Mr. Low explained at that time the city consumption was at 16 million gallons daily. The city has reduced the usage of water for irrigation extensively and promoted water saving ideas, as well as expanding the use of water reuse. Motion Vice Mayor Penserga moved to approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Commissioner Hay seconded the motion. Clerk Gibson called the roll. Vote 5-0 F. Proposed Ordinance No. 20-005 - Second Reading - Approve 7-Eleve 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). Attorney Cherof read the proposed Ordinance No. 20-005 into the record by title only on second and final reading. Bryan Seymour, Gunter LLC Attorney for the applicant, 777 South Flagler Drive, Suite 200, West Palm Beach, indicated he as taken the oath. Mr. Seymour stated there are a couple of changes to the site plan that the applicant wanted to raise which came as the result of discussions with Palm Beach County and some discussions with the neighbors and wanted to address some of the comments heard about access. Mr. Seymour indicated after the Commissioner meeting the applicant met with the access committee for Palm Beach County and indicated the county controls the access points on both Woolbright and Seacrest. The County had some concerns about a left end for people traveling north on Seacrest into the site. The applicant representatives worked with the County to accommodate and have agreed to install controlled access, which would be a right in right out only at the access point on Seacrest. This will demand a couple of site plan changes. The applicant is working through the final design with Palm Beach County. The plan is to put what is commonly referred to as a peanut at the site. Mr. Seymour explain this will keep people from being able to make a left and will allow only the right in and the right out once the final design with the county are worked out. Once this is done, a site plan update would be presented to staff. Mr. Seymour requested that a motion to approve include a condition that the Seacrest access be amended on the site plan to reflect the final agreement with Palm Beach County. If this is done, this could be placed on the final site plan a presented to staff. The applicant does not want to bring everything back to the commission since the county controls that access permit. 16 Page 464 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 There are concerns for the Neighbors who are immediately to the north. What it would mean is extending the wall to cover that area, but because there is a fire hydrant on the other side, the applicant worked with the fire department to allow for some flexibility in the wall, which would be designed in the final permitting so that a fire hose could get through if need be to the fire hydrant on the other side of the wall. The City may want to impose a condition of approval for access for fire hose to be approved by the fire department. Commission Comments: Mayor Grant requested a recap of what is being requested. Brain Seymour responded the applicant is requesting a land use change from residential to commercial to allow for the expansion of the 7-Eleven on to those properties and putting the convenience store element onto those properties as well as site plans. Vice Mayor Penserga indicated there were concerns regarding an excess of benzene into the neighborhood. In the previous meeting, there were concerns from the residents as well as the attorney representing the gas station across the street regarding excess of benzene vapors that would poison the community. He wanted to address this today because there are concern for the residents. Vice Mayor Penserga wanted to inform the residents the gas station across the hired a lawyer to oppose the construction of 7-Eleven gas station. Also, it has come to his attention that the residents received flyers with a skull and bones scaring the residents. These flyers were sent out for the sole intention to scare the residents. This is about competition and competition is a good thing, which ultimately lower gas prices. Vice Mayor Penserga wanted to specifically address the research paper that was mentioned numerous times. In the research paper vent pipe from storage tanks at gas stations and implications for setbacks. The third sentence of the paper says what they measured was vapors, not benzene. Stated decisions are not made based on two recordings of gas stations across the country. Indicated what they measured, were vapors coming out from these exhaust pipes and Benzene was part of it. The study does not show what was measured, the study used a computer model. Vice Mayor noted no actual Benzene was measured just a computer model, assuming things like no buildings around it. No trees. No walls. It was as if air would travel directly across into the homes, and obviously that is just not representative of reality and the third and final point, he wanted to make about this paper that is being pushed around and scaring the community is the architecture of this paper owns a company called Eros and the number one product are vapor solutions. The attorney for Shell gas station solution is to scare the neighborhood. Vice Mayor Penserga requested the applicant to move the exhaust pipes further away from the residence and closer to Woolbright. He believed this should help alleviate any additional concerns from the vapors. Mr. Seymour explained this concerns the tanks and may result in some changes to Landscaping, but he feels confident this could be worked through with staff. 17 Page 465 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Brandon Wolfe, 21 Westfield Avenue, Melbourne, Florida, indicated he has been sworn in. Responded to the Vice Mayor Penserga and stated the vent can be moved to Seacrest and Woolbright. This could be relocated on the site plan; the engineer would work on that. Vice Mayor Penserga clarified the vent is to be moved further away from the residence and closer to Woolbright. Inquired if it was possible for Landscaping to cover this area, he did not want to have an eyesore. Mr. Wolfe stated there could be a third condition of approval for the relocation of the vent piping and the landscaping to screen as much as possible. Vice Mayor Penserga asked if this was doable. Josh Long, 777 South Flagler Drive, West Palm Beach, Florida, indicated he has been sworn in. Yes, indicated they could move the vent to the corner of Woolbright and Seacrest. This can be done once the engineer determines the location, then the applicant would work with landscape architect to ensure that the landscape screening is as significant as they could make it and still comply with what the engineer needed. Vice Mayor Penserga believed this was a wonderful compromised. He does not believe there are any actual evidence to support a health concern given the distance, all the landscaping and the walls. Commissioner Katz stated his biggest concern, which had been voiced by the adjacent residential property owner with regards to the vent. Commissioner Hay thanked Vice Mayor Penserga for the research and providing the information to the Commission. Commissioner Romelus thanked the Vice Mayor for separating fact from fiction, and just taking time to deep dive into that information. This would help remove a lot of the emotion and fear out of this conversation. Matthew Mazilano, 122 SW 14th Avenue, indicated he was sworn in. according to the EPA, CDC, and the World Health Organization gas stations are a known source of benzene emissions. The study was evaluating the emission against Benzene in the state of California, which has a 300 feet setback. Stated the Commission is disregarding the city codes and setbacks. Stated this was a new gas station, the other gas stations were grandfathered in. He does not believe the health concerns should be tossed out. When the City of Boynton Beach put in some setbacks it should be adhered to. Stated he was 20 feet from the dumpster, asked for some type of mitigation for rodent intrusion would be fine, he is concerned about the delivery times. Suggested the security cameras on the outside wall as well as the western corner and have that tied into the police station. Bill Debris, 130 SW 13 Avenue, remembers the shell station years ago. The community never wanted the Shell station. He was concerned about the closeness of the 7-Eleven to SW 14th Avenue. He was concerned about the increase in traffic. He believes the commission is leaving his neighborhood out. When the fuel tank is made, make sure the 18 Page 466 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 water table is low enough for the fuel tanks. He understands the 7-Eleven needed to be upgraded. He believes this is a mistake. Susan Oyer, 140 SE 47 Way, asked for this project to be bifurcate this project. People do not want the gas station. Please improve the 7-Eleven not the gas pumps. Commission Final Comments: Mayor Grant stated the City alcohol sale code prohibits the sale of alcohol between the hours of 2:00 a.m. to 7:00 a.m. Mr. Seymour stated the applicant would meet code. Mayor Grant expressed as a government the City of Boynton Beach does not have the right to tell private property owners what to do with their property. The government can tell private property owners what they can or cannot do according to the city code. He understand that this is a major intersection and that the city is redoing the its land use that's what we saw earlier in today's meeting where commercial properties are moving into high density residential so that we are maximizing the space within the city. The commission decided to have commercial along the south side of South West 13th Avenue. Vice Mayor Penserga stated competition was a good thing and would ultimately lower gas prices. See Attachment "A" and Attachment "B" for Public Comments. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. Clerk Gibson called the roll. The vote was 5-0. Proposed Ordinance No. 20-006 - Second 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 Attorney Cherof read the proposed Ordinance No. 20-006 into the record by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. Clerk Gibson called the roll. Vote was 5-0. 19 Page 467 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 G. 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. (Continued from May 5, 2020 Commission Meeting) Attorney Cherof stated there were some suggestions, regarding amendments which should be incorporated made by council. For the comments made by counsel in the presentation for subsequent review of the site plan. Motion Commissioner Hay moved to approve the Site Plan and Conditional Use to incorporate the comments made by counsel in the presentation for subsequent review of the site plan. Commissioner Romelus seconded the motion, which unanimously passed. Attorney Cherof stated those condition will be incorporated once staff prepares the development orders. H. Proposed Ordinance No. 20-010 - Second 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. Attorney Cherof read the proposed Ordinance No. 20-010 into the record by title only on second reading. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion, which unanimously passed. Clerk Gibson called the roll. Vote was 5-0. I. 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 June 167 2020 Commission Meeting.) Mayor Grant stated this would be the last continuance. 20 Page 468 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Motion Commissioner Romelus moved to table until the June 16, 2020 Commission meeting. Commissioner Hay seconded the motion, which unanimously passed. J. 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. (This agenda item has been continued to the June 16, 2020 Commission Meeting.) Motion Commissioner Romelus moved to table until the June 16, 2020 Commission meeting. Commissioner Hay seconded the motion, which unanimously passed. Public Comment/Question: Kelly asked how can the City of Boynton Beach help HOA and the 55 over community if pools are opened. Mayor Grant stated the HOA has its own board of directors. Provided some suggestions. 9. City Manager's Report A. Status Update on the new monument sign at Tom Kaiser, USN Boynton Beach Veteran's Memorial Park Lori LaVerriere, City Manager, provided an update to the Tom Kaiser, USN Boynton Beach Veterans Memorial Park. Noted the foundation has been poured and the monument is complete; it should be in by Friday. Ms. LaVerriere stated she would like to plan some type of unveiling. B. Discuss July 4t" festivities for 2020. Lori LaVerriere, City Manager, stated they are not going to hold a large scaled event, did not seem like something which the city should do. Wanted to see what the commission wanted to do. Mayor Grant stated there needs to be a discussion and a decision needed to be made tonight. Eleanor Krusell, Public Communications and Marketing Director, indicated the past couple of months, the Marketing & Events Department has been participating in Zoom 21 Page 469 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 discussions organized by the FFEA (Florida Festivals and Events Association) and IFEA (International Festivals and Events Association) on the status of 4t" of July events around the world. A 4t" of July survey has been completed and results received, which have been very helpful. The Team has met with the Boynton Beach Police Department, Boynton Beach Fire Rescue Department, and the Recreation & Parks Department regarding options. The Team has also been in discussions with our fireworks company on possibilities and deadlines. The event company has requested that the city notify them by May 19 if the City is interested in pursuing a firework display this year. There are no cost implications if the 4t" of July is cancelled. While it is difficult to compare 4t" of July events, even with neighboring cities, it has been helpful to engage with others and share information. The 4t" of July event site at Intracoastal Park has a relatively small viewing area. With an estimated attendance of 6,000 last year, the viewing area was very crowded. Due to the limited parking options at event, continuous free bus services from two remote locations provided residents the ability to attend and increased last year's attendance. The 4t" of July is seven weeks out. Currently, with current CDC guidelines on social distancing, use of masks and proper sanitization requirements, most event organizers are offering three options for City officials to review: 1) Cancel the event. There would be no cost to the City from the fireworks company. 2) Livestream the fireworks show. The cost of $62,000 would remain the same if held at Intracoastal Park. Crowd control may become difficult. 3) Postpone the event to another date in the future. Several event organizers are considering Labor Day. Discussions on the possibilities of a small fireworks or light show off buildings in Town Square or the downtown area in December if CDC protocols are lifted and budgeted in the FY20-21 Budget. Staff recommends cancel the July 4th fireworks event and work on scheduling a future event in the fall should CDC guidelines relax. Ms. Krusell stated staff would like to cancel the July 4t" celebration. Commissioner Katz stated he was in favor of cancelling the event. He believes everyone would be in the mood to celebrate later. Mayor Grant stated having the event on Saturday increase the crowds. The problem he sees, the reason the government provides fireworks is so that amateurs do not light up the fireworks. The city does not have a location for the celebration. He was willing to work with the mall properties to have a firework display later. 22 Page 470 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Commissioner Hay stated if it cannot happen on July 4, it can be used at a different time. He suggested a light show in the town square. Indicated he would like to postpone the July 4t" event. Commissioner Romelus noted she was in favor of postponing the event. Vice Mayor Penserga stated he would like to postpone the event. He like the idea of having something at the mall. Indicated five months from now, people may not feel comfortable. Asked if it was possible to move the fireworks from the barge? Ms. Krusell responded she has a meeting with the event planning company, the only regulation would be that people must be 60 feet away. if there is a firework show, those fireworks must be higher, the higher the more the cost. Once the event is advertised, people would be lined up around the mall. Commissioner Hay stated the city needs to careful with the fireworks. Suggested having some laser shows, just another option. Ms. Krusell stated the city is in a five-year agreement with the event company. Commissioner Romelus stated she would like to see real fireworks. Ms. LaVerriere stated staff would bring back options from the vendor. C. Proposed Resolution No. R20-043. Approve and authorize implementation of a Pilot Program by staff, when warranted, to assist businesses during times of emergency declaration. Mike Rumpf, Director of Planning and Zoning, provided an update on the authorization and the implementation of the pilot program, The City of Boynton Beach finds that it is necessary that special rules of business operation are implemented during periods of emergency declaration when warranted to assist with business recovery. Such rules would temporarily supersede applicable regulations and standards within the Land Development Regulations (LDR). Such relief or special provisions shall be in effect until all related restrictions are lifted by the declaring entity or when deemed warranted by the City Manager. These rules are in addition to any applicable State regulation or outside agency guideline. Temporary Banners (feather or static banners). 1. One temporary banner is allowed per business, in compliance with the corresponding sign size standards within the LDR, is located behind the perimeter landscape buffer (or placed a minimum of 10 feet from the abutting sidewalk or street edge in the absence of a landscape buffer), and does not interfere with driver visibility at driveways or intersections. 2. A shopping center or multi-tenant plaza is not restricted to the total number of feather banners stated in the code, provided they follow the criteria listed in 1. above. 3. No permit or fee submittal shall be required. 4. Recommended the tenant seek landlord approval prior to installation. 23 Page 471 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Exterior Display of Merchandise. 1. Allow display of merchandise on walkway in front of the tenant space, if ADA access is maintained. 2. Allow display of merchandise within parking spaces (other than handicap spaces and their attendant accessibility aisle). Up to two (2) parking spaces located in front of the tenant space may be utilized. Landlord approval shall be required. No merchandise shall be placed in perimeter parking spaces, abutting the right-of-way. Clear traffic and pedestrian circulation shall be maintained. 3. Tents at a maximum size of 10' x 10' may be used for display of merchandise without the necessity of a permit. Larger tents, up to a maximum of 20' x 20' may be used conditioned upon obtaining a building permit. 4. Merchandise and any tents shall be removed and/or placed within the enclosed tenant space at the close of business daily. 5. These rules of operation shall be provided to the business operator or property owner and displayed within view by patrons and employees as acknowledgment of this process and commitment to comply with all related operational measures. Interior and Exterior Dining. 1. Interior and exterior table locations and spacing shall comply with CDC guidelines. 2. The Development Department will issue a certificate of acknowledgement of CVID-19 Social Guidelines upon posting of these applicable guidelines and passing of a site inspection. 3. On private property, allow outdoor seating on the walkway in front of the tenant space, if ADA access is maintained. Seating may also extend in front of the abutting tenant space with written approval from the property owner/manager. 4. Allow use of parking spaces (other than handicap spaces and their attendant accessibility aisle) for outdoor seating. Parking spaces must be located directly in front of the tenant space, unless otherwise allowed (in writing)to exceed the area or parking spaces by the property owner/manager. 5. The total number of tables and seats to be placed outside may not exceed the number of tables and seats displaced from inside the tenant space as a result of the mandated distancing /separation requirements. 6. No permit or fee will be required, however a copy of the landlord approval along with photos of the seating arrangement shall be filed with the Planning & Zoning Division. 7. On public property (public sidewalks and/or right-of-way), allow outdoor seating with approval of the City Manager, or their designee, following submittal of liability insurance acceptable to the Risk Manager of the City, and a sketch and photos depicting the proposed configuration of the tables and chairs. 8. Acceptable traffic, pedestrian and ADA circulation must be maintained. 9. The total number of tables and seats to be placed outside may not exceed the number of tables and seats displaced from inside the tenant space as a result of the mandated distancing / separation requirements. 10. Tables and chairs shall be placed within the enclosed tenant space at the close of business daily. 11. A nominal permit fee will be required to cover this administrative registration process to include a minimal review, and inspection by staff when necessary. Commissioner Katz appreciate staff forward thinking to help the businesses. Commissioner Hay asked when this program will begin and where would it begin. Mr. Rumpf stated once approved the pilot program would begin immediately, Mr. Rumpf indicated the program was not geographic specific, but just to be handled on a case-by- case basis and of course through trial and error type of process so staff learn from it. 24 Page 472 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Vice Mayor Penserga stated this was a compromise to allow the merchants to be outside and sell their products. Requested clarification on the item, which says the development department will issue a certificate of acknowledgement of COVID-19 social guidelines upon posting of these applicable. He stated he believes this means restaurants can have a voluntary inspection and the City will give them a gold star and hopefully that will build consumer confidence. Knowing the restaurant has been inspected by the city and passed would allow for increase confidence for everyone. Mr. Rumpf explain the fast provision was added as staff started considering a program that is coming to us to employ temporarily displaced employees in the area to work temporary COVID-19 related tasks for the city. The Personnel agency is called CareerSource and that we start envisioning a possible position with the city that would go out and do this basic inspection. Vice Mayor Penserga indicated there was a mention of permit fees. Mr. Rumpf noted staff would need to review for proper passageway, indicated the cost would not be more than $35-40 dollars. Mayor Grant noted he was glad the City was moving forward to help the businesses Ms. LaVerriere wanted to thank James Cherof, City Attorney, for helping staff figure out how to be flexible as a government. Typically, all of these changes would require amendments to our code and that is a lot of time and a lot of work and we went to him and said we need help we want to be able to do this quickly and be able to respond to our businesses. Attorney Cherof figured out a way to get it done. Staff was able to do it through a pilot program under the emergency Declaration of the county in the state. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion, which unanimously passed. 10. Old Business - None 11. New Business-None 12. Legal A. Proposed Ordinance 20-016 - First Reading - Discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. Attorney Cherof read proposed Ordinance No. 20-016 into the record on first reading by title only. 25 Page 473 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Attorney Cherof stated this ordinance consolidates and conform all boards into a new chapter, all are now consolidated into one place. Attorney Cherof pointed out just a few provisions. Selection of a Chair and Vice Chair by the city commission. The annual reappointment so much like the rolling over of the position of Vice Mayor at the Commission level this gives the Commission the opportunity to look at the individuals. Provisions for the commencement of terms on April 1St, these are staggered terms. Anyone currently on a board would not be jeopardized by the adoption of this ordinance. The rotation process would continue but the commission has the authority to make changes to the date. There is a provision for absenteeism; 6 absences annually of a board member would result in removal by ministerial action of the City Clerk. The individual just get a notice that says you have missed seven meetings and you are off the board. Then the Commission would appoint somebody, but there is no restriction on reappointing that same person. If the Commission was satisfied, there was some compelling reason to do that. That is generally the provisions. There is a clarification of something that is always been custom, and practice is that board members serve at the pleasure of the City Commission. So therefore, even though somebody is appointed they could be removed at any time by majority vote of the Commission. Motion Vice Mayor Penserga moved to approved proposed Ordinance No. 20-016. Commissioner Hay seconded the motion. City Clerk Gibson called the roll. The motion passed 4-0. (Commissioner Katz was not present during the roll call.) B. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (Tabled to the June 2, 2020 Commission Meeting.) Motion Commissioner Katz moved to table the discussion and authorization to terminate Franchise Agreement with FLSCLL. Commissioner Hay seconded the motion, which unanimously passed. Lori LaVerriere, City Manager, stated she has been in communication with Florida textile and they will be ready to speak with the commission on June 2, 2020. Vice Mayor Penserga asked for the items from the future agenda to be sent to the commission for review prior to the meeting. 26 Page 474 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 Ms. LaVerriere stated the Lake Park Accessory dwelling unit ordinance has not passed as soon as it does the document would be forwarded to the Commission. 13. Future Agenda Items A. ILA between the City and CRA for the BB Blvd. Extension Project Construction - $500,000 - June 2 B. ILA between the City and CRA for funding of the BB Blvd. Streetscape improvements - $205,000 - June 2, 2020 Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. C. Funding agreement with FDOT for Complete Streets design of BB Blvd. improvement project - June 2, 2020 D. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD E. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance — TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Hay moved to adjourn. The motion was seconded by Commissioner Katz and unanimously passed. The meeting was adjourned at 8:58 p.m. John McNally I.T. Director stated a recorded version of this session would be posted to the City of Boynton Beach YouTube channel. He noted that links to that channel are available on the City of Boynton Beach website and this concludes the meeting. (Continued next page.) 27 Page 475 of 817 Meeting Minutes City Commission Meeting Boynton Beach, Florida May 19, 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Woodrow L. Hay Commissioner— Christina Romelus Commissioner— Justin Katz ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 28 Page 476 of 817 � a c 0 v — E a, � a c o � o N E 'O O E F j Z E 0 •O a U p y O T O d O N U O G O Z U N � � p C C ti O E v o v` 'O m Q E m m m u 3 L W = O o Q U O Y S w m y O m n Z E > W E m c) CcuO O .� O O >•_ O by O c C N O al N O O ro �l ._ al aL.+ ro al-6 al O -6 � ro .O ~ (U u - O ro '^ ro ro ro O .n G Q rL J ro t4 f0 fo al aL.+ al vVi c ry L '� c ._ fa •� G I^ ro 0 L c c c O > a0.+ N O L al V V C o — L o m v > o 0 v O z ' o mo mw.E Z v o (u o c t > 3 u U .-3i t (> v ° � o �, v E o � °>' a (-u 3 bb acLi ro O E -O u .n N ro (U2 1 0 0 >. 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Consent Bids and Purchases Over $100,000 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Resolution No. R20-053-Authorize the City Manager to sign the proposal for the purchase of 5 Mobile Diesel Generators and one Mobile Parallel Boxfrom TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor for the sum of $332,960 through the national Sourcewell Contract#120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Explanation of Request: The Utility uses mobile generator to support pumping operations at wastewater Lift Stations and Raw Water Wells during FPL power loss events; typically following a major storm. The larger lift stations have either a fixed standby generator or a dri-prime pump available at these locations,. Some of the Raw Water Wells also have permanent back-up power, as required by the Florida Administrative Code. Installing fixed back up power at all of the minor wells and low capacity lift stations is not an efficient use of utility resources. In these cases mobile generators are brought to the site based on the need for additional raw water to feed the water plants and similarly to pump down lift station wet wells. This allows the generator to be moved to the next site that requires attention. The Paralleling Box allows multiple smaller generators to be connected and synchronized to provide assistance at facilities with a higher demand electrical loads than available from a single unit. The current status is as follows: 178 Lift Stations, 3 Stormwater Pumping Stations, 30 Raw Water Wells. Stationary Generators 28 Stationary Dri-Prime Pumps 21 Mobile Generators 22 Portable Pumps 9 The Utility started the replacement process two year's ago and have purchased 11 new mobile generators since then. This initiative was due to several of the older units approaching the end on their useful life as the remaining fleet is at least 15 years old. The recent purchases were from Kohler using this same Sourcewell contract. Standardized the fleet will save on training, spares and maintenance.The Sourcewell contract provides a 30% discount on list pricing. How will this affect city programs or services? Utilization of Mobile generators is a major component of the Utility Emergency Management Plan. They are used to keep our water plants operational and to prevent wastewater from spilling into the local environment during significant power outages. The availability of mobile generators is an important aspect of the planned back-up procedures necessary to meet our permit obligations. Recent storm events in the state have demonstrated the need for a reliable fleet of equipment. The addition of the paralleling box provides additional flexibility if we need additional large units. Fiscal Impact: Budgeted Funding is available in the Capital Improvement Plan in account Page 482 of 817 403-5000-535.64-04 SWR 108/111 Alternatives: The alternative is not to use mobile generators but install permanent facilities at each station regardless of operational needs. This would be a much more expensive solution and add to long term maintenance costs. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving purcgase from TAW Power Systems utilizing Sourcewell pricing D Addendum TAW Pricing D Addendum Sourcewell RFP D Addendum Kohler Sourcewell Acceptance and Award Docs D Addendum Kohler Sorcewell Contract Page 483 of 817 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN THE PROPOSAL FOR THE PURCHASE OF 5 6 MOBILE DIESEL GENERATORS AND ONE MOBILE 7 PARALLEL BOX FROM TAW POWER SYSTEMS, INC. OF 8 POMPANO BEACH, FL, A KOHLER GENERATOR 9 SYSTEMS DISTRIBUTOR FOR THE SUM OF $332,960 10 UTILIZING THE NATIONAL SOURCEWELL CONTRACT 11 #120617-KOH; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, The City is a Member of Sourcewell, a service cooperative created by 14 the Minnesota legislature as a local unit of government which makes cooperative purchasing 15 contracts available to Members as an alternative to direct solicitation of bids and proposals. 16 WHEREAS, City staff has confirmed that Sourcewell's procurement process meets 17 or exceeds the City of Boynton Beach's competitive bid requirements; and 18 WHEREAS, upon recommendation of staff, it is the City's desire to utilize the 19 Sourcewell's contract with Kohler Co. NJPA Contract 4120617-KOH; and 20 WHEREAS, TAW Power Systems, Inc., of Pompano Beach, Florida, is a Kohler 21 Generator Systems Distributor and Kohler's pricing available to Sourcewell Members 22 reflects a significant discount from list prices; and 23 WHEREAS,the City Commission finds this action necessary to the public's safety 24 to facilitate the purchase of 5 mobile diesel generators and one mobile parallel box from 25 TAX Power Systems,Inc., of Pompano Beach, FL, a Kohler Generator Systems Distributor 26 for the sum of$332,960.00 through the national Sourcewell Contract 4120617-KOH. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 30 as being true and correct and are hereby made a specific part of this Resolution upon 31 adoption. S:\CA\RESO\Agreements\Sourcewell-TAW Power-Reso.docx Page 484 of 817 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves the City Administration to utilize Sourcewell NJPA Contract 4120617-KOH for 34 the purchase of 5 mobile diesel generators and one mobile parallel box from Taw Power 35 Systems, Inc., in the amount of$332,960.00. 36 Section 3. The City Manager is hereby authorized to sign all necessary 37 documents, including but not limited to proposals, contracts, equipment leases and/or 38 purchase orders with TAW Power Systems, Inc of Pompano Beach, FL and Kohler 39 Generator Systems Distributor necessary to acquire the 5 mobile diesel generators and one 40 mobile parallel box to support pumping operations at wastewater lift stations and raw water 41 wells. 42 Section 4. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this day of June, 2020. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor— Ty Penserga 50 51 Commissioner—Justin Katz 52 53 Commissioner—Woodrow L. Hay 54 55 Commissioner— Christina L. Romelus 56 57 VOTE 58 ATTEST: 59 60 61 62 Crystal Gibson, MMC 63 City Clerk 64 65 66 (Corporate Seal) 67 S:\CA\RESO\Agreements\Sourcewell-TAW Power-Reso.docx Page 485 of 817 TAW POWER SYSTEMS, INC. 1500 NW 15th Ave Pompano Beach, FL 33069 ftvq TAW (954) 977-0202 - (800) 876-0990 Tim.Grady@TAWinc.com Kohler Generator Systems Distributors KOHLER POWER SYSTEMS DISTRIBUTOR FOR ALABAMA, SOUTH GEORGIA, FLORIDA, LOUISIANA AND MISSISSIPPI Date: 05/18/2020 Offer No: GP2005 0110 To: CITY OF BOYNTON BEACH Contact: Tim Grady Attn: Michael Low, Deputy Utilities Director Contact Cell #: 954-668-7247 Project: Towable—(2) 145REOZT4 and (5) 55REOZT4 (2) New KOHLER Model 145REOZT4, EPA TIER 4 Certified Diesel Trailer Mounted Generator Set rated at 120kw Standby Power 3 phase at 277/480 volt and 120/208 volt (3) New KOHLER Model 55REOZT4, EPA TIER 4 Certified Diesel Trailer Mounted Generator Set rated at 48kw Standby Power 3 phase at 277/480volt and 120/208 volt INCLUDES ALL STANDARD EQUIPMENT: NJPA Member Price FOB ,jobs ite 0„194.00 - See Attached Specification Sheets unloading by others ADDITIONAL ACCESSORIES: START UP, COMMISSIONING and TRAINING: $9,713.00 DEC3500 Controller NJPA MEMBER DISCOUNT LESS 5% Camlock Load Connectors NJPA Member Price $9,227.00 Sound/Steel Enclosure MOBILE PARALLEL BOX KOHLER LIST$19,139.00 Battery Charger: 10 Amp NJPA Member Discount 30% - Dry Contacts: 15 Relay NJPA Member Price FOB Factory $10,397.00 Cable Box Ball Hitch TOTAL: $332,960.00 plus Tax, if applicable Spare Tire Freight and Commissioning required Wheel Chocks Cold Weather Package SUPPLIED BY OTHERS Two Way Fuel Valve Installation of System Three Year Standard Warranty Supply of Fuel 1 Engine, Generator Parts, Maintenance Manual All Infrared, V Party and NETA Testing by Others 1 Electronic Manual ESTIMATED LEAD TIME: 145REOZT4 x 2 - Kohler List Price -$239,985.00 16-17 weeks after release of order. This estimated NJPA Member Discount 30% - lead time is subject to change daily due to availability. NJPA Member Price FOB Factory -$167,989,00 F.O.B. FACTORY, FREIGHT ALLOWED TO JOB SITE. 55REOZT4 x 3 - Kohler List Price -$170,219.00 NJPA Member Discount 30% - SALES TAX NOT INCLUDED. NJPA Member Price FOB Factory -$119,15100 TOTAL FOB KOHLER....$287,14100 Regards, INCOMING FREIGHT: FOB JOBSITE, $24,414.00 TAW Power Systems, Inc. Less 5% Member Discount Tim Grady Senior Sales Engineer Page 486 of 817 OFFER VALID FOR 30 DAYS FROM THIS OFFER DATE (LISTED ABOVE). EXCEPTIONS/CLARIFICATIONS/NOTES: Delivery and start up are quoted as during normal business hours. If after hour, weekend, or holiday work hours are required, the Contractor will be responsible for the overtime differential unless otherwise noted. NOTE: TAW's STANDARD TERMS and CONDITIONS apply to all offers for purchase and any purchase orders accepted by TAW.You may find a copy under the terms and conditions section at TAWI NC.com or please contact our office at 800-456-9449 and we will forward you a copy.TAW will transmit a written delivery schedule based on the manufacturer's confirmation,approximately fifteen(15)days after product release. Also included will be the related progress invoice values based on material shipments. All TAW offers,plans,specifications,and technical drawings are copyrighted works and contain proprietary know-how of TAW,and Buyer has no right to reproduce,distribute or publish copies of TAW's copyrighted works or to create derivative works of TAW's copyrighted works without the express written permission of an authorized representative of TAW. (OFFER ACCEPTANCE BELOW) COMPANY AUTHORIZED SIGNATURE TITLE PRINT NAME DATE TERMS &CONDITIONS ACKNOWLEDGED: INITIAL Page 487 of 817 4 � rr �c= National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES RFP Opening DECEMBER 7, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #120617 The National Joint Powers Alliance®(NJPA), on behalf of NJPA and its current and potential member agencies,which includes all governmental,higher education, K-12 education,not-for-profit,tribal government, and all other public agencies located in all fifty states, Canada, and internationally,issues this Request For Proposal(RFP) to result in a national contract solution for the procurement of�120617 ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES.1 Details of this RFP are available beginning October 19,2017. Details may be obtained by letter of request to Chris Robinson,NJPA, 202 12th Street Northeast,P.O. Box 219, Staples,MN 56479, or by e-mail at RFP@njpacoop.org.Proposals will be received until December 6, 2017 at 4:30 p.m. Central Time at the above address and opened(December 7, 2017 at 8:30 a.m. Central Time. RFP Timeline October 19,2017 Publication or RFP in the print and online version of USA Today,in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commeree within the State of Oregon (note: OR entities this pertains to: httj2://www.njj2acooj2.org/oregon-advertising and also RFP Appendix D),in the print and online version of The State within the State of South Carolina,the NJPA website,MERX, Noticetobidders.com,PublicPurchase.com,Diddingo,and Onvia. November 16,2017Pre-Proposal Cone"crence (the webcast/conference call). The connection information will be sent to 10:00 a.m.CT all inquirers two business clays before the conference. November 29,2017 Deadline ror RFP questions. December 6,2017 Deadline ror`ubrnission or Proposals.Late responses will be returned unopened. 4:30 p.m.CT December 7,2017 Public Opening or Proposals. 8:30 a.m. CT Direct questions regarding this RFP to: Chris Robinson at chris.robinson�c),n/pacoop.org or(218) 895-4168. I Page 488 of 817 0k. fid. wl_i 1_ 1'_11 is 1) C. Proposal Evaluation Criteria A. Contract D. Other Consideration B. Proposer E. Cost Comparison C. Sourced Good of Open Market Item F. Marketing Plan D. Vendor G. Certificate Of Insurance H. Order Process and/or Funds Flow 'A J_, RTI"i I i I. Administrative Fees J. Value Added A. About NJPA K. Waiver of Formalities B. Joint Exercise of Powers Laws 111",x"ll-' 1 'Ak"I'll-," C. Why Respond to a National Cooperative A. Subsequent Agreements Procurement Contract B. NJPA Member Sign-up Procedure D. The Intent of This RFP C. Reporting of Sales Activity E. Scope of This RFP D. Audits F. Expectations for Equipment/Products E. Hub Partner and Services Being Proposed F. Trade-Ins G. Solutions Based Solicitation G. Out of Stock Notification H. Termination of a Contract resulting from this RFP A. Inquiry Period B. Pre-Proposal Conference A. Advertising a Contract Resulting From C. Identification of Key Personnel This RFP D. Proposer's Exceptions to Terms and B. Applicable Law Conditions C. Assignment of Contract E. Proposal Format D. List of Proposers F. Questions &Answers About This RFP E. Captions, Headings, and Illustrations G. Modification or Withdrawal of a F. Data Practices Submitted Proposal G. Entire Agreement H. Proposal Opening Procedure H. Force Majeure 1. NJPA's Rights Reserved 1. Licenses J. Material Suppliers and Sub-Contractors K. Non-Wavier of Rights A Line-Item Pricing L. Protests of Awards Made B. Percentage Discount From Catalog or M. Suspension or Disbarment Status Category N. Affirmative Action and Immigration C. Cost Plus a Percentage of Cost Status Certification D. Hot List Pricing O. Severability E. Ceiling Price P. Relationship of Parties F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items 1, "A, I I. Price and Product Changes J. Payment Terms , I X K. Sales Tax ppLN L. Shipping Mj j 'A. Mj A. Proposal Evaluation Process fl('J'�'C� TI" '- B. Proposer Responsiveness 'AA"( hI 2 Page 489 of 817 x i_ �l ,„i - lei ; A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions.Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP's scope 1)that is not currently available under the Vendor's NJPA contract,2)that a member wants to buy under contract from an awarded Vendor, and 3)that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 3 Page 490 of 817 2_1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake Tribune; 3) on NJPA's website; and 4) on other third-party websites deemed appropriate by NJPA. Other third-party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2_2 NJPA also notifies and provides solicitation documentation to each state-level procurement departments for possible re-posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. A. ABOUT NJPA 3_1 The National Joint Powers Alliance®(NJPA)is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3_2 Under the authority of Minnesota state laws and enabling legislation,NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.nj_acoop.org. 3_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3_4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3_5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract- so lutions/le gal-authority/. 3.5.1 For Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C may agree to be a Joint Purchaser under this RFP. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 4 Page 491 of 817 3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts,to meet the procurement needs of their respective agencies.Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP,resulting in a single,national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices,better overall value, and considerable time savings. 3_8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 39 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10.National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process,the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent,NJPA further desires to: 3.11.1 Award a four-year contract with a fifth-year contract option resulting from this RFP. Any fifth-year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor's request.If NJPA grants a fifth-year extension,it may also terminate the contract(or cause it to expire)within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 5 Page 492 of 817 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received,NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs.NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non-Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non- manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor,the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of[ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES. 3.17 Additional Scope Definitions: In addition to (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES,) this solicitation should be read to include, but not to be limited to: 3.17.1 Primary Offerings: Proposer's primary solution offerings may include: stationary and portable electrical generators; backup or standby generator sets; mobile or trailer mounted generators; enclosures; automatic transfer switches; switch gears; used generator sets; rental generator set agreements; and, generator-related design, installation, maintenance, or repair 6 Page 493 of 817 services. It is further intended that Proposer's primary solutions will be for,or related to, electrical energy power generation from biofuel or fossil fuel sources. 3.17.2 Incidental or Complementary Offerings: in addition to the primary offerings, Proposer may include incidental or complementary offerings of. solar panel and micrognd solutions;mobile light towers;trailers;and,replacement or repair parts related to the primary offerings. It is further intended that electrical energy generation from renewable energy sources will not be more than an incidental or complementary part of Proposer's proposed solutions. 3.17.3 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.3.1 flmitted� 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal,"please consider the validity of an inverse statement. 3.18.1 For example, pencils and post-it-notes can generally be classified as office supplies and office supplies generally include pencils and post-it-notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 3.19 Best and Most Responsive—Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract:Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant,"products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 7 Page 494 of 817 3.23 Sole Source of Responsibility-NJPA desires a"Sole Source of Responsibility"Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services:NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub-contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub-Contractor. Suggested Solutions Options include: 3.23.3 Multiple solutions to the needs of NJPA and NJPA Members are possible.Examples could include: 3.23.3.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third parry contractors, to properly install and bring to operation those equipment/products being proposed. 3.23.3.2 Turn-Key Solutions: A Turn-Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status.Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.23.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good,better,best" multiple-grade solutions to meet NJPA Members' needs. 3.23.3.4 Proven — Accepted — Leading-Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members' needs. 3.23.4 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.24 Geographic Area to be Proposed: This RFP invites proposals to provide ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES�o NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad;however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability and willingness to serve Canada,for instance,will be viewed as a value-added attribute. 8 Page 495 of 817 3.25 Contract Term: At NJPA's option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.25.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members.NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.26 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.27 [This section is intentionally blank.] 3.28 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.28.1 With respect to Members within the Commonwealth of Virginia, this RFP is intended to be a "joint procurement agreement" as described in Vir. Code § 2.2-4304(A), and those Virginia Members identified in Appendix C must be allowed to use this Contract as a Joint Purchaser. 3.29 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards,needs, expectations, and requirements of NJPA and its Members. 3.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage,performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.30.2 Technical Descriptions/Specifications.Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 3.30.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations; 3.30.2.2 Identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.30.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 9 Page 496 of 817 3.31 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List"described herein. 3.32 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.33 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be clearly disclosed in the "Total Cost of Acquisition" section of the proposal. 3.34 Warranty: The Proposer warrants that all products, equipment,supplies,and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non-award. 3.35 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS-BASED SOLICITATION 3.36 The NJPA solicitation and contract award process is not based on detailed specifications. Instead,this RFP is a"Solutions-Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members—within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.37 While NJPA does not typically provide product and service specifications,the RFP may contain scope refinements and industry-specific questions. Where specific items are specified, those items should be considered the minimum required,which the proposal can exceed in order to meet Members' needs.NJPA jt may award all of thejt respondent's `proposal jtormay limit the award to a subset of the proposal. 'v.'51 , It t fid... 1 1"Y�P '4 s k, "Y�I I(�k� I� I(�k� ��-.4a k,fe 'i'�4 Y ' "Y�t I(�k� I� I(�k�."Y��I� "Y��S t 4 A. INQUIRY PERIOD 4_1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. B. PRE-PROPOSAL CONFERENCE 4_2 A pre-proposal conference will be held at the date and time specified in the timeline on page one of this RFP.Conference information will be sent to all potential Proposers,and attendance is optional.The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre-proposal conference are binding on the parties to an awarded contract. 10 Page 497 of 817 C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with ouodocra for technical assistance, questions, or concerns that may mn ac, including instructions regarding different contacts for different geographical areas orproduct lines. 4/4 These designated individuals should also act as the primary contact for marketing, ao|ca, and any other area deemed essential bvthe Proposer and NJPA. 0. PflOPOSEfl`S EXCEPTIONS TOTERMS AND CONDITIONS 4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented onForm C. Exceptions To Proposal, Terms, Conditions And Solutions Request. 4.6 Exceptions,deviations or contingencies requested in the Proposer's response,while possibly necessary in the view of the Proposer,may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4.7 All Proposers must examine the entire RPP poobogc to accb o|odfioodon of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4.8 All proposals must be properly labeled and sent to"The National Joint Powers Alliance,202 12th Street NE Staples,MN56479." 4.9 All proposals must bcphysically delivered toNJPA at the above address with all required hard copy documents and signature fooua/nogca inserted as loose pages at the ftont of the Vendor's response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature-page only ftnmForms Aand Pfrom this RFP; 4.9.2 Signed hard copies ofall addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A 000p|ctc copy of your response on o flash drive (or other approved c|coUnnio zucona). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement ofproducts and pricing (including apparent diaoonnU, and all appropriate o800hzucnta. lnonicrto ensure that your full response is evaluated,you must provide an electronic version of any material that you provide inohard copy format. As oonb|io agency, N7PA`a proposals, responses, and ox'mdcd contracts are omatter ofpublic record,except for such data that is classified as nonpublic.Accordingly,public data is available for review through o properly submitted public records request. Toredact nonpublicinformation ftom your proposal (under Minnesota Statute V1337), you must make your request within thirty (30) days ofthe contract award ornon-award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriatefoouaoouatbc executed by an authonized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the c|coUnnio forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document iareadable byNJPA. || Page 498Of817 4.12 The Proposer must ensure that the proposal is in the physical possession of NJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening," and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP,including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES,AND SERVICES�o Chris Robinson at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Chris Robinson at (218) 895-4168. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered.NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself,NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under"Current and Pending Solicitations") and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified,withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Procurement Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The 12 Page 499 of 817 notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this REP entitled ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES will be received by Chris Robinson, Procurement Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this REP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES and the REP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date-stamping them. At the time of the public opening, the NJPA Director of Procurement or a representative from the NJPA Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level-1 responsiveness. L NJPA'S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the REP. 4.24.1 Reject any and all proposals received in response to this REP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this REP; 4.24.3 Duplicate without limitation all materials submitted for purposes of REP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1)the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non-material deviations from the requirements and procedures of this REP; 4.24.6 Extend the Contract,in increments determined by NJPA,not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the REP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the REP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the REP amendment and the new submission dates.NJPA will not be liable for any errors in the REP or other responses related to the REP; and 4.24.9 Extend proposal due dates. 5_1 NJPA requests that potential Proposers respond to this REP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 13 Page 500 of 817 5_2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service.While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this contract is 1030 Million, Vendors are expected to anticipate additional volume through potential government, educational, and not- for-profit agencies that would find value in a national contract awarded by NJPA. 5_3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5_4 All proposers must submit"Primary Pricing"in the form of either"Line-Item Pricing,"or"Percentage Discount from Catalog Pricing,"or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE-ITEM PRICING 5_5 Line-item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5_6 All line-item pricing items must be numbered,organized, sectioned(including SKUs,when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5_7 Submit Line-Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5_8 Line-item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®)in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5_9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet,including any and all ancillary costs. 5.10 Proposers should provide both a published"List Price"as well as a"Proposed Contract Price"in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP,including all manufacturer options applicable to the products or services. 14 Page 501 of 817 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List"pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line-item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS /ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party,is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end-user's location. For example,if you are proposing equipment/products FOB Proposer's dock,your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end-user's location. H. SOURCED GOOD or OPEN MARKET ITEM 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 15 Page 502 of 817 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line-item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member.NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 "Cost plus a percentage"pricing is an acceptable option in pricing of Sourced Goods. L PRODUCT&PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form(located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members.Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2)provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format(preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract 4) (effective pricing date);for example, "COMPANY 012411-CPY effective 02-12-2016." 5.32 The new pricing restatement must include all products and services offered,even for those items whose pricing remains unchanged,and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3%increase in prices based only on a 3%increase in a cost-of-living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 16 Page 503 of 817 5.35.2 Price increases: A Vendor must include reasonable documentation for price-increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax-exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering,NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no parry is responsible for taxes imposed on another parry as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping.NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency.But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing" criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made-to-order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member.NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract-conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, 17 Page 504 of 817 the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract,Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. I't I'I o 21_u OF 1"R01"(KILS ------------------1� ---------I----L--------11 A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this REP. The committee may adjust the relative weight of the criteria for each REP. (For example, if the "Warranty" criterion does not apply to a particular RFP, the points normally awarded under"Warranty" may be used to increase the number of potential points in another evaluation category or categories.)The"Pricing"criterion will contain at least a plurality of points for every REP. 6.2 NJPA uses a scoring system that gives primary importance to"Pricing."But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value. The evaluation committee may consider such factors as life-cycle costs,total cost of ownership,quality,and the suitability of an offering in meeting NJPA Members'needs.Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6.3-The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness," found just below. B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level-One and Level-Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level-One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level-One Responsiveness means that the response 6.6.11 is received before the deadline for submission or it will be returned unopened; 6.6.21 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 6.6.3 contains a pricing document(with apparent discounts)and all other forms fully completed, even if "not applicable"is the answer; 18 Page 505 of 817 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard-copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6_7 Level-Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance.Each item draws from multiple questions, and a Proposer's responses may affect scoring in multiple evaluation criteria. For example,the answers to Industry-Specific Questions may help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6_8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value-Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry-Specific Questions 6_9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses,NJPA has no obligation to consider information that is not provided in the Proposer's response. NJPA may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for "Widgets and Related Products and Services." NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets,manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award Vendors that might not have,for instance,the breadth of products of Proposers in another subcategory,but that nonetheless meet a substantial and articulated need of NJPA Members. 19 Page 506 of 817 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed-to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer's proper response to a request for information or products. 6.14 A Proposer's past performance under previously awarded contracts to schools,governmental agencies, and not-for-profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship, as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction.Incumbency as an awarded Vendor does not,by itself,merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods,including cost comparisons of specific products.NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A"Market Basket"of identical(or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the "Market Basket" from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer's marketing plan is a critical component of the RFP response.An awarded Vendor's sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. NJPA reserves the right to deem a Proposer Level-Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities,should outline their national sales force network(both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing,but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide.NJPA 20 Page 507 of 817 desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force.NJPA commits to providing training on all aspects of communicating the value of the awarded contract,including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract.Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract- specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format,including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples,MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI)or an ACORD binder form with their proposal.Upon an award issued under 21 Page 508 of 817 this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification,in the form of a Certificate of Insurance,identifying the coverage required below and identifying NJPA as a"Certificate Holder."The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal,NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits.The awarded Vendor must maintain,for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of$1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. A n a and e d Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis. 6.23.1.1 Commercial General Liability—Occurrence Form Policy shall include bodily injury,property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and t he Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best"rating of not less than A-VIL NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP.Nothing in this Contract restricts the Member and Vendor from agreeing to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intentionally blank.] 22 Page 509 of 817 L ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP.Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent (2%). While NJPA does not dictate the particular fee percentage,we require that the Proposer articulate a specific fee in its response. For example, merely stating that "we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value-Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE(or other) status for both their organization and for any affiliates(e.g., supplier networks)involved in fulfilling the terms of this RFP.The ability of a Proposer to provide preferred business entity "credits" to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the "value added"area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. "Green" characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier 23 Page 510 of 817 for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer's ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities)in any proposal, when it determines that considering the proposal may be in the best interest of its Members. A. SUBSEQUENT AGREEMENTS 7_1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor(or Vendor's sub-contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that"This purchase order is issued under NJPA contract 4XXXXXX" (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7_2 Governing Law. Purchase orders must be construed in accordance with, and governed by,the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either parry the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7_3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA,NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job-or industry-specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose,intent, or currently established terms and conditions contain in this RFP document.For example, a Vendor and Member may agree to add a"net 30"payment requirement to the purchase order instead of applying a"net 10"requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7_4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by the Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 24 Page 511 of 817 7_5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member,the Member's state laws,or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management-type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA's contracts by (among other things) extending the use and re-use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7_7 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7_8 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.8.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 7_9 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen(14)days' notice.NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.10 Hub Partner: NJPA Members may request special services through a"Hub Partner" for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.11 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner.The fees,costs,or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation.To the extent that the Vendor 25 Page 512 of 817 stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is "Executed for the Benefit of[NJPA Member name]." F. TRADE-INS 7.12 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified"Trade-In"value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.13 The Vendor must immediately notify NJPA Members when they order an out-of-stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.14 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation,term,or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.14.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.14.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.14.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract,NJPA issues a request for assurance, and the Vendor fails to respond; 7.14.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.14.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 7.14.6 The Vendor fails to properly report quarterly sales; 7.14.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.15 Upon receipt of the written notice of breach,the Vendor will have ten(10)business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately.If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority to immediately terminate the Contract for continued breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial,product, or service obligations incurred before the termination. 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or 26 Page 513 of 817 suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities,in the form of entertainment,gifts or otherwise,were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial,product, or service obligations incurred before the termination. E1,° 11. 1,t�1 0 1)111 OPIx ---------------- 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8_1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8_2 [This section is intentionally blank.] 8_3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8_4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8_5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 8.6 through 8.7 [This section is intentionally blank.] 8_8 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof NJPA's liability is governed by the Minnesota Tort Claims Act(Minn. Stat. §3.736) and other applicable law. 27 Page 514 of 817 8_9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims,judgments, and costs instituted or recovered against the Vendor,NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.njpacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers,nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers,NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification.Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted.If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA,its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense.This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP,the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 28 Page 515 of 817 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award&Acceptance document(Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due,neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including,but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts,injunctions-intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market,inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible)notify the other party of such delay within forty-eight(48)hours. 8.19 through 8.20 [These sections are intentionally blank.] I. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses,bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities,if applicable, should be included in the Proposer's response to this RFP. J. MATERIAL SUPPLIERS AND SUB-CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub-contractors as a part of the purchase order when requested by NJPA or an NJPA Member. K. NON-WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder,nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. L. PROTESTS OF AWARDS MADE 29 Page 516 of 817 8.25 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved parry's statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. M. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment,the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. N. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. O. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law,or statutory provision,or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. P. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment 30 Page 517 of 817 and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create,nor is to be construed as creating, a partnership,joint venture, master-servant, principal-agent, or any other,relationship. Except as provided elsewhere in this RFP,neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any k jt g, manner whatsoever except as may be expressly provided herein. [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Page 518 of 817 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E-Mail address: Please answer the questions below using the Microsoft Word°version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet.Place your answer directly below each question.NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark"NA"if the question does not apply to you(preferably with an explanation). Please create a response that is easy to read and understand. For example,you may consider using a different font and color to distinguish your answer from the questions. Company Information &Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company,including your company's core values,business philosophy, and longevity in the ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share,if any? 7) Has your business ever petitioned for bankruptcy protection?Please explain in detail. 8) How is your organization best described:is it a manufacturer,a distributor/dealer/reseller,or a service provider? Answer whichever question(either a) or b)just below)best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider,please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held,by your organization(including third parties and subcontractors that you use)in pursuit of the business contemplated by this RFP. 10) Provide all"Suspension or Disbarment"information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. 32 Page 519 of 817 Industry Recognition &Marketplace Success 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity's name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet NJPA Member's needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details,such as the locations of your network of sales and service providers,the number of workers(full- time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third parry), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response-time capabilities and commitments,as well as any incentives that help your providers meet your stated service goals or promises. 20) a)Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence,or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply)to ensure maximum impact?Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 33 Page 520 of 817 25) In your view, what is NJPA's role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 26) Are your products or services available through an e-procurement ordering process? If so,describe your e-procurement system and how governmental and educational customers have used it. Value-Added Attributes 27) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members.Please include details, such as whether training is standard or optional,who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company,your products,or your services offer to NJPA Members?What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms,Warranty,Products/Equipment/Services,Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: Date: 34 Page 521 of 817 Form B PROPOSER INFORMATION **1 Company Name: Address: City/State/Zip: Phone: Fax: Toll-Free Number: E-mail: Website Address: COMPANY PERSONNEL CONTACTS Authorized signer for your organization Name: Email: Phone: The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance"on behalf of the Proposer. Who prepared your RFP response? Name: Title: Email: Phone: Who is your company's primary contact person for this proposal? Name: Title: Email: Phone: Other important contact information Name: Title: Email: Phone: Name: Title: Email: Phone: 35 Page 522 of 817 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, a AND SOLUTIONS REQUEST , Company Name: Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or NJPA Section/page Specification Exception ACCEPTS Proposer's Signature: Date: NJPA's clarification on exceptions listed above: 36 Page 523 of 817 Contract Award RFP[#120617 FORM D Formal Offering of Proposal (To be completed only by the Proposer) (ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES [ In compliance with the Request for Proposal (RFP) for [ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES, Ithe undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature: (Name printed or typed) 37 Page 524 of 817 EFaRyQry�` Form E i Y-'NJPA n * # fir �'1tiuC+1YN,0159 Contract Acceptance and Award (To be completed only by NJPA) NJPA-120617, Proposer's full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms,conditions, and pricing set forth in this RFP, any amendments to this RFP,your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be , 20 and continue until- (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board's contract award date). This contract may be extended for a fifth year at NJPA's discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this day of , 20 NJPA Contract Number -1206171 NJPA Authorized signature: NJPA Board Member (Name printed or typed) Executed this day of 20 NJPA Contract Number 4120617 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name Vendor Authorized signature: (Name printed or typed) Title: Executed this day of 20 NJPA Contract Number[�t206171 38 Page 525 of 817 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 526 of 817 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: Authorized Name (printed): Title: Date: Notarized Subscribed and sworn to before me this day of 20 Notary Public in and for the County of State of My commission expires: Signature: 40 Page 527 of 817 Form G Fo**'� OVERALL EVALUATION AND CRITERIA ,��*�*'J, For the Proposed Subject ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES, AND SERVICES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value-Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related 200 Services Pricing 400 TOTAL POINTS 1000 Reviewed by: Its Its 41 Page 528 of 817 Form P (9 PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Proposer Name: Questionnaire completed by: Payment Terms and Financine Options 1) What are your payment terms (e.g.,net 10,net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. 4) Do you accept the P-card procurement and payment process? If so,is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products,parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricine,Delivery,Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 Page 529 of 817 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50%percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality,university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c.better than the Proposer typically offers to GPOs, cooperative procurement organizations,or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced"products or related services, which may be referred to as "open market" items or"nonstandard options". For example,you may supply such items "at cost"or"at cost plus a percentage,"or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up,mandatory training, or initial inspection.Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member,describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry-Specific Questions 19) Please specify product and voltage range the generator equipment that you are offering. 20) Describe your mobile or trailer mounted units,if any, and specify the ranges. 21) If you are providing trailers as part of a turnkey package,please provide details. 22) Describe how you will include customization and the pricing of such for the units. 23) Describe installation and service programs, and identify the associated services, service provider locations and pricing. 24) Describe any preventative maintenance or extended service coverage agreements. 25) Do you provide preventive,periodic or full maintenance plans/programs for the solutions you are proposing in this response? a. If so,provide a recommended service &maintenance agreement for a periodic/preventative and or full maintenance plan. b. What are recommended service intervals? 26) Describe your rental agreements and pricing schedule. 43 Page 530 of 817 27) Will you include used equipment and if so,provide a pricing strategy for these units. 28) Provide a general overview of your products EPA compliance. 29) Identify the lifecycle cost of ownership of your generator solutions. Signature: Date: 44 Page 531 of 817 } Electronic Copy Check when Hard Copy Required Required-CD or Completed Contents of Your Bid Proposal Signed and Dated Flash Drive Form A: Proposer Questionnaire with all questions answered completely IX-signature page only IX Form B: Proposer Information X Form C: Exceptions to Proposal,Terms, IN!! Conditions, and Solutions Request Ix X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with$1.5 million coverage X X Copy of all RFP Addendums issued by NJ PA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms. X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered priorto deadline to: NJPA, 202 12th St NE, Staples, MN 56479 45 Page 532 of 817 I I 7 i$' , E 7°D it 1i,' P(]("i ,7a D P1�,'Q D I ("I i I L% °t i iii iii i F 0 1Vi Section 1. Instructions for Vendor Requests for product or service changes,additions,or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2,3,and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval by NJPA's Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator. NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change,must provide sufficiently detailed explanation and documentation for the change,and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract 4) (effective pricing date); for example, "Acme Widget Company 4012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new"effective date 'on the pricing documents. This requirement reduces contusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract If, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For ex i ample, a Vendor that manufactures products that require substantial petroleum-related material might request a 3% price increase because of a 20%increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost-of-living index.Appropriate documentation should be attached to this form,including such items as letters from suppliers announcing price increases. Refer to the RFP for complete "Pricing"details. Section 2.Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: El Adding Products/Services vices El Deleting Products/Services El Price Increase NJPA CONTRACT NUMBER: El Price Decrease 46 Page 533 of 817 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items. Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) `All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount rom the previons pricing until the remaining inventory is li nidated." If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract ricing. 47 Page 534 of 817 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. ❑ Yes ❑ No Section 5. Signatures Vendor Authorized Signature Date Print Name and Title of Authorized Signer Jeremy Schwartz,NJPA Director of Cooperative Contracts and Procurement/CPO Date 48 Page 535 of 817 4 � rr �c= Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not-for-profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP)to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. http://www.usa.gov/Agencies/Local_Government/Cities.shtml hqp://nces.ed.gov/globallocator/ https://harvester.census.Dov/imis/search/index.gsp hqp://nccsweb.urban.org/PubApps/search.php hLtp://www.usa-gov/Govemment/Tribal-Sites/index.shtinl hqp://www.usa.gov/Agencies/State-and-Territories.shtinl http://www.nreca.coop/about-electric-cooperatives/member-direetor Oregon Hawaii Washington 49 Page 536 of 817 E Eu _- SB EV m3 oV maa_- - - -- --- E — _ - — - S E V o`o`o`o`o`o`o`o`o`o`o 5 y j 8 — o - $ m fi n n 8 5 8 LL LL -,Y Y Y Y Y" o a a a A A-A-& s s 3 3 3 3>> 6.o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b 6 V d d Ddo — - -- ➢9m°t9 t90000w¢t�t�_,Y��a av�v�v�v�v��>>3333;u t7 m � — mZ.Q-< - —— - — `o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o`o v v E L ID V 55555ne3o >_ 5°N N w— - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �aaa�mmmm®® owLLD���xx,Y��������zDDa�h���� oy d a O E E o E m Y> E =o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 >"6.o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 m �o t °o"— ——— oag$mmmmmmmmm" �����E�EE �y�E3���zoo a'°���> 'aaddddzzdddddzdddddzdddddzddddzdddddzz _ d - g d m 0 d o f o o s E < o£3 �i lei ,� o_Z 3 J6o'`S S 3 E 3SS 3SSSS� Page 537 of 817 cEm ado=3�5 - �E� __ a3m__- �aEoEi -env �im�am�a�°'_'°�__ z➢� = a33oE� - oEy= - °�°2222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222 s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 SIM 2222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222222 s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o E - - v➢ o- m 2 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E a° - v 3 2 - _ - `o E > '° o Kcoo 2> 2 2 -° a 3 v ➢ o 2 a' - o j °' a°E m ill H HIM �i E m w s a......aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa22°2°2°2°2°2°2°2°2°2°2°2°2°2°2°2 I I _ _ �w w E o s �_�2 - _m m °'�➢� m�Q m 3 E v, _ - aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa x Page 538 of 817 z 2 t�o o.Z`w E - E �E E P E E m 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o tg E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 E 2 2 V � °➢➢9 - _ - 3 m E 3 E m __ 3 n5 5 5 Z Z Z Z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ID w 0 0 0 o r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H `v S a m �'s - `m a?�v-- E - -o Z'^£3➢-- 0 2 a a - ->3 E 3i o f E v 5 m >E E -- E E E m E ➢- i L i m t°�u m a 3 s m E y 3-- _ E E E - o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H L Z o= E E 2 E E - ➢°00- - - c E o-- E a -v-b 3 b E s E E E Z v -- -- b E E v m- V E r - Z y t 8 8 - - - E_E-Ew •• < E E E Y Y S Q Page 539 of 817 a-_E E° E E s- E E s E E IDE E E Koo a c - E E E o - E E m =3 v 5 E --s E E ----- E 0 0 0 0 0 0 0 0 0 0 0 0 E v r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r�m E E - E E E ➢ Z E - o s2m dos o at EEE m do o L o v l Z ➢ L _ E V m 3> w o Efi 2 �.c E ➢ o➢ ?. 2 Z 22 ° m ➢ 2 v?. �' ?'?' 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NJPA Contract m: 1201617-KOH Proposer's foil legal name: Kohler Power Systems Based on NJPA`s evaluation of your proposal,you have been awarded a contract. As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP,and In any exceptions that are accepted by NJPA. The effective date of the Contract will be January 29,2018 and will expire on January 29, 2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contracfl. This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz 11 i`„G . I ....'4 PI ,:}( I•' "A”7' r Chad Coauette � HIP" %I�l n:_�I'tt. I'3`h I�a;.3Jl��l- �� ,�,.�r.rs_1111f-I-) _ lil°�i ' Awarded on January 25, 2018 NJPA Contract tf 120617-KOH Vendor Authorized Signatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Vendor Name Authorized gnotory's title IF I . T CT1 Executed on •_� 20j-t> NJPA Contract 4 120617-KOH Page 553 of 817 Form-C EXCEPTIONS.TO PROPOSAL TERMS CONDITIONS 3 34 _ AND SOLUTIONS VEST Company Name:—_-__, Any exceptions to the terms,conditions, specifications,or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term,Condition, or ACCEPTS Sectionlpage � S-�cificarion - Exc � Clarification:All Kohler Clan product supplied will be covered by the industry standard or better NJPA Accepts warranty. Attached to this RFP is the Kohler standard warranty however,a product specific 3,34 Warranty warranty can be.made available upon re nest. Clarification:Due to the customizable nature of the product and vast amount of differences,it is not possible to provide a price list for each Clarification- generator and its multitude of options. However see below each customized quote will show a list price specific to the quoted project along with the discount/savings per the attached pricing J document. The NJPA member discount will be limited to the Kohler FOB bill of material and Percentage Discount From will exclude open market options add-ons that 5,10 Catalog or Category (. says. . 1?l�Cl� of Clarification:Kohler has attached its certificate i of insurance as part of this RFP. At the time of actual quote,a certificate of insurance from the NJPA Accepts local Kohler authorized distributor can be made 626 Subcontractors available as well .� �.�� �......-.... w..� y � -.�.- Request the contract to read: PAY may i terminate the Contract without cause by giving NJPA Accepts each other sixty(60)days'written notice of Itermination. Termination of the Contract without cause does not relieve either party of the Contract Termination for Cause financial,product,or service obligation incurred 7.17and Without Cause .before the termination. mm._ Vendor's indemnification obligation is I contingent upon NJPA and NJPA Members NJPA Accepts providing Vendor with prompt written notice of any third party claims believed to be covered by this Article. Vendor has the unrestricted right to select and hire counsel,and the exclusive right Patent and Copyright to conduct the legal defense and/or settle the 8.1 W w W Lnfringertaentm.M claim. Clarification: Kohler is the manufacturer of 1 record for all of its supplied equipment. Kohler NJPA Accepts Material Suppliers and Sub- is happy to supply specific information on a 8.23 Con9ractors mr _,s zific_component of a�e�111@ pets teq t 0 roposer's Signature _. _...._._ __.. _ ®..... Date:—Z,2 L.9 VL Page 554 of 817 �® *a:MA� NJPA's clarification on exce tions listed above: 5.10 Acknowledged as a discount and pricing proposal as part of the RFP response. This is not a legal exception and this response is best included in the relevant questions within Form P. Review and Approved: NJPA Legal Department Page 555 of 817 Contract Award RFP##120617 FORM Dr {ti Formal Offering of Proposal (To be completed only by the Proposer) ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS, SUPPLIES,AND SERVICES In compliance with the Request for Proposal(RFP)for ELECTRICAL ENERGY POWER GENERATION WITH RELATED PARTS,SUPPLIES,AND SERVICES,the undersigned warrants that the Proposer has examined this RFP and,being familiar with all of the instructions,terms and conditions,general and technical specifications, sales and service expectations,and any special terms,agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: .... . 1�. . ,.,.. 0 Date: Company Address: ...... " .�.. �.. ... _._. ....... City: �_ State. i Ci Zip: �t Contact Person: � r S . '. Title: V r Authorized Signature: ',. ! = } le (Name printed or typed) Page 556 of 817 �G®��ANMF°M� FORM E ,;�-` •' CONTRACT ACCEPTANCE AND AWARD 1 x+uarsaB Jnlns Puwsers nuianer' c+ y n`ePLrAC94As�Mtl�. (Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract : 120617-KOH Proposer's full legal name:Kohler Power Systems Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth In this RFP,In any amendments to this RFP,and in any exceptions that are accepted by NJPA. The effective date of the Contract will be January 29, 2018 and will expire on January 29,2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz NJPA AC:I " ' CSF C OOPEf AT , CONTRACTS (NAME:ITIN11D OR T`r`PFr)I Chad Coauefte tdVA EXEtJ11EFS°E DIKCCr RICEO SIGNAIURE (EIAME PRINTED MID) Awarded on January 25, 2018 NJPA Contract # 120617-KOH ------------------------------------------- Vendor ____ ___ _________ ________ __-______-___-Vendor Authorized Signatures: The Vendor hereby accepts this Contract award,including all accepted exceptions and amendments. Vendor Names - Authorize natory's Title VENEWR A111HUR1'ilE D SIG14A€LIPE IEaAME E'rCwiED oiE,iYrrol Executed on Z Z. 20--1S NJPA Contract # 120617-KOH Page 557 of 817 Form F PROPOSER ASSURANCE F COMPLIANCE Proposal Affidavit Signature Page POPOSE 'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts,purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws,regulations,rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked"confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 558 of 817 By signing below,Proposer is acknowledging that he or she has read,understands,and agrees to comb rt the terms and conditions specified above. Company Name: Kohler Power S�stems Address: N7650 Lakeshore Dr. City/State/Zip: S e oN pan Wisconsin 53083 Telephone Number: 920.457.4441 E-mail Address: C arles. uns c er;ri kohler.com y Authorized Signature: - -- Authorized Name(printed): Charles Hunsucker Title: Vice President—Sales Date: / 2 ° " Notarized Subscribed and sworn to before me thisn day of, 'C e� 20, Notary Public in and for the County of _ h-i�_b a_ State of My commission expires: Signature:, I Page 559 of 817 Form P 6) PROPOSER QUESTIONNAIRE Payment Terms,Warranty, Products and Services,Pricing and Delivery,and Industry-Specific Questions ProposerName: Questionnaire completed by: Pavment Terms and Financing Options I"i What aie vour pi,,yincrt umns(e,&, net 10,,, net, 30)? N, i H e,Cn, du, NJP,,,k the h",- U� , I its au b4,"I" " Mldr" mti "d I te..ren. n-m u "I""INA.`01A" VICV',t,,rL traod"fi0n.al 1"'Inns are not 30, 2) Do you provide leasing or financing options,especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Koi0cr response� No, KolDler Vokker S-.Sicw,s No th'C'st", prc)un-,.ur1s. Kolflcr dlsirilnoors nuv�N t-,,e io NAP"'Al micnflrnon,�, "A ith or on" thc, 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. prt,%,,%'S, i S, I I I 0er resp'oris,�,- -Vhc,� I'l,tr t It,i C u S, ni t ed n�nmduo i"s 11'�r the Kohicr dis;§H,-)ulur rcctdvio', inqt6�r', tl, pro",ijl ;"l q130111211011 RSO'n' ihw, ondiiu', KNdh., iso sq I he quottv',Ao�n� �,,%;H 1�w', su thK,,, NJPA tfisc�,,,swn� the pn,t,Juci tht,,, p can ak;v reioht, iraie irqxi,u'jj hi,�.r c,a .a, tia,.t service.,, wS "'JIH , k- tm �-d ,aHv 1)e ,$ne \,Vhcin, 0,w t; 'w"In " tion is P0 rei, -ed b,,, '411 onaoppr,,,,�, ,d ol"Okuii b", t1he NAIA n he, nmrl, v �Kolflt,,m-aknh,"rbQ<J kv ill Coun,c""I quc3ianon ,,,,�o a f1C) e 4",1he Kol—flennozi, on kne ,ten-,,. Kohler¢t,,Jll 0i,t P,(hith an esthr"ate(A s4dv, uo� fli�e NJ11A niernber, I he loc,;fl Kohicr aaahorized.s distribimv is in fl-w nliiddle t1w 'Vld tKOPHA"'T NA'OA %,m l lhux%td 'fli- NPIt", numlwr 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? A t !",ucl-� k'wail Kohler aiullu,ariz-Ot'f dH1,j4;1'H1')WTW.S ,,�m t� �,Indl ism. �%flh ,oh, N()V ha,l:v il-carcl pa,v nwnt m Page 560 of 817 Warraniv 5) Describe in detail your manufacturer warranty prograin, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response as copy of your warranties, but at at ininirrmin please also answer[lie following questions. * Do your warranties cover all products, parts,and labor? Kohler response: Yes, standard o%arrant% Covers aII dircc, See-111-5820 it)-rcl'en:nc, to indkidt4d %%ars-,nifN polic% number's ]or each product catqor�: tp582MVarranlv.pLlf' * Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Kohler lvsponw: Yos. are Livaikuhle nawin- 11rom 1-1car-1-2000 hours %Nhichever oi:-Cw , lir,l through opflonal 10-NQar%%arrantios, Al-o lair 1:1't\ lims stationark F.Iliergerw% 11imer Ssslenls Can olfl% lie operalt"d %khfle as relkillihi\ utility is rout (11' "pecification phis 1111 to 100 hours"'Nsar bor 113ainlenarwe and readinetemiii-, ForStatiOnark tart-E.mcro Ile\ arid pomcred((,'I) miks EPAT-1 Certilicalion is n,.,,(jt6rekI(ir EPA certified(SO Cas en'gines nE,xd to N? Ll"cd, 1110se d011*1 rte ossa all'ecl lbe %%,WNRM% bUt Of EPA la%% is filler-d, Also Siart-up mum h,,, p�,O'ormckl 11% Koh,14,1, Distributor, Dealei or Authorized Represenladve %%Wfln 24 mor dis of shipnwnl, See 1\pical %%alraw% staienient as there are 32 differem %%arrantN staaemelllh &IMIdiih! UJUM the product. ti-163,74 S-1-d'. 11-pd..psltrlil,111 * Do your warranties cover like expense of technicians' travel time and mileage to perforin warranty repairs? Kohler Ye.s, standard earranty inchiMes up to 150, 100 or 300 n,,iles rOUlid trip i%ith travel included delleVidillI!,UP011 the 1,VOdUCI Ciltegor\. See 11682OWarranty.pill'and individUid %%arrant% policios Its product cateaors For details. * Are, there any ggeographic regions of the United States for which you cannot provide a certified technician to perforin warranty repairs? Flow will NJ111A Members in these regions be provided service lbr warranly repair? Kohler responsc: While nol aH servicv technicians rna\ be cerfflie(L all servicl-techniciansar,,enrolled ill th, certilication process. Some are recent hires and Full certification can take up to ) yteirs as there are, man\ !.s l» 'a » ?.i..l aisE i n,, I t;jfI'-,�il L r" Q, -esAwonnT ,ic rails I t "T, I it �arrtt:lwrarrr. tltotacsr. cash d i m H 1)L[Or JUIS C C rl i 111 Cd i CC 1111 i C i il We o n-sut I T I o a ii s 1 at ars, i iced ed 1)t.U S tires are -sm mo n,�," h- 11'1:01L,,�,riC kt Fice Engineering Team. The ItesidentialfLigh( Comino-cial product is �1, A d , also supporite.1 lrs as largc deater nctl,%ork ,%ith a goal of havirto a dealer %%.Rhin 50 miles (Wensionlers Rw as first response: US Rcsi Dealer tWip 201 7.docx • Wil I you cover warranty,service for items made by other man u fact urers that are part of your proposal,or are these warranties issues typically passed on to the original equipment inanut"hcturer? Kohler resp orm,-, Eer%thing inJuded in 111o, Kohler ryroposa,,1 iN,covered in as Kohler Tlwre are no third-parlN il.0111 hICILKIC(I iu the Kohler proposal, If other ken,rs fire negotiated bei%Ncen the NJUIA inember and local Kohler distributor, warnant� ort those items to ill be h% o0wrs. • What are,Your proposed exchange and rotUrn programs and policies? Kolder response: Inch ange is in IN Kohler varrantk statemem,at the discrefloe ol'Kolfler Co- de6ective prteJuct %%ill be repaircd or replaccd, Due it) the si7e and custonlization Ofeach product flor" specific application, rerurns are treated the sante. Fvpicalk, chaimaged or deficuke pwshld iS, r, I repaired ill tile tu"Id at sne bN the local Kohlei th-uributor arel H rcquird %%ith IlMorx assistance, i Industrial Warqant%,pdl' 6) Describe any service contract options for the items included in your proposal. Kohler response: Kohler distributors provide and rclwn% service Contracts e%cr,.. dao, kir Kohler 11o%kvi- Sxslems product, Contracts, are udk-red to meet customer as annuai, senfl-annual or"qUarlerlN*visils. Sonle'list) include annual load I'lank testing" Riel polishing and Fuel delivers s�!ra,ices. Please see representative saniplc 11rom one Kohler dkiributor and kno%,% that it can be tailored to spociik CLINWIMN' lv-,(IS, Distributor PA4 Oyote.doc Page 561 of 817 -Pricing,Defivert Audits,and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Kohlerresf�mnse,- Industrial, Commercial, Residential and Portable grade - 2,Okw to 1300kw rkatural &asaLP as and gtrisofine powered nsets undcr 1,5kvv, Industrial grade - 15k%v to 4000kw diesel powered gonsets and all related power systcni accessonos such as fuel storage tanks and Outdoor nolo ores with sound trttcarWattion all avallable in 1()W s°r()Itagc and larger units available in low and medituri, voltage configurations used in North America. Ott -4000airip transfor switches in styles fund configuratiorts to meet all requiren-ients in Industrial, Commercial 'and lsidcaitial applications and paralleling, systems Mum 2 or more grew is arc requdred/desired or-when paratlelim, with tire Litility is required incefing UL891 or ULI 558 and s,bcn ;,nvdiuni voltage ANSI standards, All products are 1,11"Ide (4) EPA and UL standards and coniply with the National i'lectric Code(NFIIA-70' a ) nd when properly Ikon figt irxx] comply with PUPA-110,,10,, NFPA-101 and NHIA-99. Kohler also treed. CSA and CUL codes 1ko-Canadian sales, Kohler Povver Systcnis holds IS0900 1.Certification since 1995 arid products are built to Intemational and National standards such as NEMA, CEMA, ISO, 1EE and ANSI. Sales and post sales assistance via ke;al distributcirs 1trcludirp; but not limited to, quotaticnis, order processing, deliNeries, Installation suipor-vision, start-up, product tnaining, service rnarntenance agreements, rentals,, warranty service and parts. Service technicians are A ycncrally located within 2 - 4 hok,irs of customer sites tor at fiast response, 8) Describe your pricing inodel (e,,g,, line-itein discounts or ptutu ct-categoiT discounts). Provide detaile(I pricing data(including standard or list pricing and the NJPA discounted price)on all of tile iten",is that you want NJPA to considerres part of your Up response.Provide as SKU for each item in your proposal.(Keep in mind that reasonable price and product a4justments can be made during the terns of an awarded Contract. See the body of theRI-P and the Price and Product Change Request Forin fur mom-detaiL) Kohicr response- Please see attached discount sclicAule off"IndUsirial Pr(,-educl that will lira vea (,ms(om qticsalion frorn the Kohler on-line quotation systern. Due to the CLIstomizable nature(.'ifflx.a prMuct and differences for each cluotation gerieraled on-fine, the NA member discount will be applitM to the Kohler 1`013 bill of material. F'reighr, start-up, training and maintenance agreements will be broken-out and administration Ise will be calculated on the FOB poilion. For Portable,Rcqidential and COrnniercial pro<luct please refer to MSRP as these products are cirderml firfonn STOCK, NJPA member discount schedule also attached Ibi,these product categories, Kohler Power Price List NJPA vfiil,xlsx,Kohler Power Residential MSRP v,f',Iil.xlsx 9) Please quantify the discount range presented in this response.For example,indicate that the pricing in your response represents is a 50%percent discount from the.MSRP or your published list, Kohler response: Industrial Product discounts will be applied to Kohler List Price generated from the on-finc quotation system for cachand every project. The lc „sl Kohler distributor willgencrate a quotation and the Kohler oto-line business systeni will apply the 4A niember discounts MY list price, Ff..)r Portable, Residential and Commercial produc(s the discount is froin MSRP as these prMucts areordered froirl STOCK. 1t) The pricing offered in this proposal is _Athe sapid as the Proposer typically offers to an individual municipality, university, or school district. the same as the Proposer typically offers to GPOs, cooperative procurement organizations,or state purr chashog departments. ...... s, better than the Pooposer typically offin-s to GPOS, cooperative procurement organizations,or state purchasing departinents. _d.other than what the Proposer typically offers(please describe). Page 562 of 817 11) Describe any quantity or volume discounts or rebate programs that you offer. Kohler disroul'its nur,� co�niskheredi o"n a C_�,Isc-hy-fcziw 1,hasis &,,iv "it dhw fiact �huios, PR'�WVVS Po%vr S-,yslern- hin Cases a4icre nnu_djiPlc symm-ns ct, one liate is for an Untna discowit alt"'.1 crnso1idafirq,,,,, ,nin',hictize ctmi. Rebate rnvywanis are 001 !)pica! wiffi flus as nrto.sta punimse one orless ciecuic poo,ersys;enr,. eiwh ,year, 12) Propose a method of facilitating"sourced"products or related services,which may be referred to as"open market"items or"nonstandard options". For example,you may supply such items"at cost"or"at cost plus a percentage,"or you may supply a quote for each such request. Knoler 10slomse sourceWpen N-farket Reuse iMfl to prKed by die local KohRr awhorized distribuitter it the NJPA Discount Schedule off" distributor fist poi e. 11FIcal hemb include: Futl %wage larix i Sias Pemmung. Scrxioc Vqw,""t 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training,or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. K u I d cy i capo nsc- I Q ght is it oa )rritc,k d<f£d,-c,,J bnrii e a rt Ke q two,-fd Pre 44 1 d and Add ut i W dl e K clicr c�,,trrior s discountCom to KoWcr uAll bt,,,,, ­11sisscd '11mvugh" in PUPA ntcrntru,:r hAvidh ze�ro (since K,c�hler %%Al NO be ntmrking tip freigbt %e %ould ask that frei)ht,',, not be inchided in the Administration Fee calculation). If SJPA nwnkins can oWn fretyh"', at 1,,,r­,,ver rates Way should condimue We pwk,phi3 ight. fristallami is always hy valhersasi tyTmafl) an AmbW lighwo, (knual COntracams and sub­canumcvm.,,,ar,,, o6ohnWed f3wkhng codes and insp,ections are also typical o uOk, each,, a i9l. u a a._,,ndl 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Kohdc,r rsponme: Freighl is ijumod [OB s +wttos gani, Winoumn. 51083 Shipinern, srze vVis.ivs; i"rorry swirnplc L'11 iu, ko),riples rrudtipW ;such defivcrtes� , h1qtninUs are on Hated Was or ke­ !ager pnmimm, ') dmk traders arnJ craltes neecll oi he samiged G sac clebyer and ol"11-load i,,�q,,, ts BY spec�i,,ihzed dro,, (01 IERS wid NO 1 WuWded in the Kohler propa,sal. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Kohicr Sri„s-r>ousc: 11v Alaska most shipments arc 0rc,sanic Ony woukl be;far Me lower 48 and oust of Wade- %ia 1.,tnttlnvd ush­l,i,, typical Aciglna""'arfritn"s, and si,,,eci.rilized tradc-rs, It,, rerr.,,ote flllages<,iI'Atask,,i suchi,as t1te Kodiak Ishoids the lost Wg of Te sNpumv Wou WoNe st lkyc,al barge, Tine NJPAYnenib,,,,r cim at,­rzfmpe 11rciglu or Kohler can uWng Pm-Pay and AW For Hlawadi inugost fivii�,,,htviffl traivel by hati:1 I',�,vpod 0�,­d dlc est coag arid %ruu thery ir.,a%'el via rx,,edn carpo and once in pon 1=0 by swNce once agAn. If size and weion become an issue Roll an- Roll-off shotdld be cot i 91 dcrrn,,L Canada imat tar` nwve dw same as in the lower 48 but agairi awn, local lltar,,,,zes hn, riz,�f,�,uhnxl in coamal arcas ainol ICL,,' ROADs it). the hoi'det, into hoeo is usually doraq,,,, it tr-adii. Other deli,,errms go surfiice lo sea portsard oceiin li­cil,,,ffili 1'rottl 0herre "'vith cm,"'-dino0on, to a f0cWhi frtrrsearcler Ear calsonlimpm-t docurnentation artial JoK surikes:transpolathan, 16)Describe any unique distribution and/or delivery methods or options offered in your proposal. Kohler Ki,)lataer 11% Sp1h S11pincins. meaning ssone 'Ship S(Al)rwr0mn od"wrti dt.?.e w trtc progmss ohrie sitc. Wen finnei; picces, need tvanrive rrsnuans jp)riar to Ind1ding canTletkni az We ive clined in and! ,na-hor ficnes mackxrr eqWpment mum arrNe halkve cryanes are or wkcra dtsern_ A,,,-3 firei_ghl9, is WT induded in Me WhIer lura irrosal these amQ wgqpe opfic,,n-i il­i,,�il ctnn be anranged hy Kt:),h1,erw fliw tin's le,00,110 Pay 563 of 817 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter,and that the Vendor remits the proper administrative fee to NJPA. Wdur rcqxmsw Milil,:r a SAT Wal bushwss wymni and thra mends "i kind lUder WAShn, QmMms, Imn-hnNg am! dA%Wes are nmde %W Uds lwshwss symem boweoi Ow Rwhwy am! 1 0013,, nuinitwing auth Q,mul InAnidng 11=hly,quarterl""',artd anntud repoFls i,", simi­�14'tasickohdcr add a new cur egoq tfo cucilon'fer t,ypca-NJPA-ki nmke seaNlws eader zuk!dAde clwck apilm WRHcdcwrQWn,,,, as! ilk uAy dw NJVA Wunwi Rhunlyr, 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating,managing,and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) h,ohkl -'Cspowx: lKohler 0014 a 21� fee 0 Kohler toll no Qvicv pri(v infich *01 QjAcall? culwk tWen market-Wnis cw Qunstsmd;,�rd uptions,la vighC slow hupaiid inn aittiog, 11 Koblei cran rifiumatc-d JkoPal and Add Wight in used it wlfl lPBa Cw vafcd an Prnf%id and Add A= 4 is a WQ brough and NO I be consWed a,hen calckdafln�,g W AdYnAt ' ton fin I he %JV% n"adwr d6counl u di by Wriled to the, KoMer 10B bdi trf inaserial an oHl etvlude opcn nimatf options�*,dd-ons that nnt�,,,be molplified ls �thers Industry-Specific Questions Qyp_ 19) Please specify product and voltage range the generator equipment that you are offering. Kehler rc-sponse: Pmtak!Wbrall (,"arry gas,'4hie 61 Xsel 1xiwred egwoon 11040v phase. gas poe-W con-nuert"n'd ; eneos7L�,%, 200, 12004(h, Jnglc Inhase acit'. largsr naimdcls, a,vaikable in recomwetable 111208 to 2774180three na;ie plus Wh Rm-(Ainada. Hyll ,TAY y4 - nwo,ol genseis 24kx%, INW 12101h, single p1hase., rccunnernaW 120'20-- to, 27T,480v 1hree pini-tee plus 6fXlv fkw(lmulm Anx:iated 5ivitdues 304"'jOanins at same Atages A 2 10c -- 3 who and 3 pole 4 wire, Indlu.strial Crzule Gas flowc-red (,ensrns: 25i;,,.%, - 150kav, 1.-201,'240%, sitirde p ,j 'hase, 120V20S it) 277M80i three phMe Pins 61Dih,- fior rcuiruwcwhic 120'208 to .277/48(h, We phase ph,,,s 600, Aw Czanada. -�310%,vv, 1 20_,'208 ki 277ASOv We jAmse 1RYF huVer Ws are Bed %Atage atsordered or 600v Ru CAW and mclum %vh,e such as 416% indusidal Grade Diesel Powcrod Gmunns: I5 w -- 150W 121)240v single plmse, 1`2, 'H W208 io 27T`480v thwe phase or 6W Ir COW, IHOkiv fWase tw Wh Ar Unada. 750kn- WMW, Oxed Wmges as orclered rana,,Jng ftoni 12C, 208 to 2 Th"48(-, phime or MW Aw W"Wo and inclum inaluage �,,uelh ,,is 41610v, 2250kw fixed %vi,es as "a„ ?#,,,,#"9.::d ranq,zing fronni 1201208 lo 277/480%, We phase or (),K)w tlor Cnnada rAus niclum volyc Aluding 416%, to 13�8k%r, Associiacd Indusirial Cirade Autommic TranAar Swhdws M54GURarnps", all %ohai,,!es H'sted, Associmcd 11wallefiniz, P',,rneisaH WAnges 1weviously 1410d, Towable a'.}.a 3511VA-1 75W, gas or dbsci, rewNuwcmh1u 1201,20--h, singh: plurv;e and WN'PS to 2-77a 0),,,, tghrec 10se or 6W Gr Qiwda or CVLOW 3- position. %ciecto-r so'hch 101:nr 11,20240 , iirigle phwse zund 1 B? 3M and 27WAA 1hree ph asea 120 ,7 Sawa. dirce, phase G12HR'Indu"'ariall, f [:,�JLJ itab s, PLYE L'I a x2 1 N!4, J�"Fglll,,J, gjl!""J"11 02MR13.2441MV0 Page 564 of 817 20) Describe your mobile or trailer mounted units, if any,and specify the ranges. K Mer re,"Ne; Inch 00 in Wo prove*0 a1v MMY T Q a and 12%a gan 14 us 350a w 17%it disek 11e: gas We wv %ey 'OR!TV and can tyanx:24 1 vwN "i Ili iin-ho,,,urd "'aid a Mwe %wq valve fio,-off-hooird AM and Mi am,exroidal run We. I He M Me come it hh >2048 Ivan hwl uals ruhl vake Tr Wboard SO sup1l). Machines can W Macd n M wconnnialtle 12 1--"ad u,o' ner"I'artur or,31"Akm xdechw s"Ah Rw 1 TY240 W& phne. 1 VIM and 277M80% dnm,-, plume. 121vilm Awe phannid ar"', c,"Imec-litmn wok.,101w," ""uid oafl,,�n, nl", khsnuniel Wd bwh RW wrowh"h", ritl-id de�,Jun aumnWom 610 WK A realo UAWW "'midn"e i"i 0,wG in mr: 10ce aRor AwYnNg 8 hM a% ft cre are m)wher mcchaWw'd or clet'irical do gavol `id kr W Ow euk"urc. AW Q sWr Kohl, MoMe Cancan=Al nu&ng "hh 3-)ear Whai "arrany. g 211) if you are len-ndding tn.,,fflers as part. of a turnkey package, please provide IWO. N't-uller 1q Mrs a;o IM)1 aNvm ed on !�nnaWr Ms and W W:"i hgan, ur spmre fln:,jad, man&. anid areop�,,,nein t, t'ool ho - IwNhy pwkvc an"d wMA, TmWue k ehkr Y�w 2-48 haH tv IWAI as rquired hc 22) Describe how you will include customization and the pricing of such for the units. KIM nesponse: Qr:of KA .,.r ninniages is the abHh'; "i mon'rize l:,,rodULA lh-'B spes-'A"R eustonv,-r A ki.c-imai axe dedicared to pnMdhW lywchl (AngmW AIMMIRS to nhxHQ sUindaml quMalkno. Thov are Whakms duo k;3rd lxwty ce0lanions such a,"', L)1- 1,117A, Wtdtwl CSA 1:s ,.B add t(i dtK%vry dure, 23) Describe installation and service programs, and identify the associated services,service provider locations and pricing. 14 al dcr response; I u-s!kit ito-t is „I GAa)s pro%ided Q others sm:h as "Gtau,',-n-0/1.4,o rl od Service is provided irti-althisxibuun-Y Wrgow'; =iecs arc 1)pi alk; p"n kkd 4 Ins dwn '.- 4 W& 2=65, iot:r,,rk:hn,tt�""'aric,; prodim, tni-site as smue have jr rm o ne m nal I (he"so and ATS We dw num an hmv rnuhtle large 1mralkled oi0r A'[Ss, Ptlk�,irqq! %"M ho included mul brWroma on wash quac"hen reqtwsted Q t hJJPA nwmha. gjYjjSqvQq 24) Describe wiy prevenitnive nnairriensm ice or exWnded savle covewge agmentents, Kohler response; 57 w= serNe carwacts e%cry da) Ar Kolder IN)"er 1Q Mow', (Amranew are(Wrol. It, ri-rIOV"111, iwcds and hudgm stwh as anrawl, sembannual iw qwuled.�. t Ws. Seine 0150 inckkie annual lou'd le"nk leWin g. MCI qNshing wul 1bu1 delht:Dseces. Ser%Vc (Amumen rwed no he priced Up CM Vin hUMMAI kazirs ay.,thc�, are specillc to customwr� NM Kc4flvr ha%t,'-,a Ws W can he(hoplOpial uw aerns or m hot dn',-siaoid"b", gc"nerirt,,ais--,,,rhJc,,,,d ar-iJ eNKcWd w be ma of wnhe %ger dran 24 homn its towiJen,tivul this NEC MqUirvt rrm-il.a ntl uake inio corrsiderwk-.ii `aa h,,.-r equipment such Re a swhW hox ann"s nnuanall oveRh h,cotuply Mh du,:, js ,� d -rj jQ—','1, 25) Do you provide preventive,periodic or full maintenance plans/programs for the solutions you are proposing in this response? MY respome: The Kohkr prqwwai ckws ARK inctude these kons BUT dw 141her AsAWmAoul pmoide a vustorn,quoiur-,rrkwi as a SouNed (load ur(Noun ftein,. VNI qpmote:n cau e"o" WhWed "hh Ow uqWpmcau qmMmion and Mcnano hi The same 4w ay dwi Might =1 stasup WH he Wee4nn, a. If so,provide a recommended service&maintenance agreement for a periodic/preventative and or full maintenance plan. 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PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Ordinance No. 20-011 - Second Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). Proposed Ordinance No. 20-012- Second Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. Explanation of Request: The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, both currently under commercial future land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infill Planned Development District. Even though the proposed future land use designation of SHDR does not match the CRA Community Redevelopment Plan's recommendation for the property, it is consistent with its intent. Both SHDR and Mixed Use Low (MXL), the category recommended by the Plan, have the same maximum residential density of 20 units per acre. Moreover, the MU-1 zoning district (which corresponds with the MXL classification) allows for residential-only projects. Also, the requested FLU category and the zoning district matches the respective designations of Coastal Bay development abutting the property's eastern and southern boundaries. On the west side, Kensington Place townhomes are under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. The proposed fee-simple townhome project to be supported by the subject request will contribute to the diversification of the City's housing stock. The great majority of units approved in the City in recent years are multifamily rental apartments. The MSPM (Major Site Plan Modification)application is being processed concurrently with this application for FLU amendment and rezoning (see corresponding staff report). Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. How will this affect city programs or services? No impact on programs or services Fiscal Impact: Increase in property tax revenue from the incoming project Alternatives: None recommended Page 567 of 817 Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Land Use Amendment for Madison on the Avenue D Ordinance Ordinance approving rezoning of Madison on the Avenue D Staff Report Staff Report D Location I\Aap E)diibitA, Location I\Aap D Location I\Aap EXHIBIT B1, Existing FLU D Location I\Aap EXHIBIT B2, Proposed FLU D Location I\Aap EXHIBIT C1, Current Zoning D Location I\Aap EXHIBIT C2, Proposed Zoning Page 568 of 817 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 MADISON ON THE 7 AVENUE AND DESCRIBED HEREIN, OWNED BY JAROD DOROS 8 & PURE START, LLC., CHANGING THE LAND USE 9 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO: 10 SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING 11 FOR CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 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: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 31 LOTS 11, 12, AND 13, ROBINSON ADDITION, ACCORDING TO 32 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 33 144, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 34 FLORIDA. 35 36 CONTAINING 0.667 ACRES OR 29,070 SQUARE FEET, MORE OR 37 LESS. S:\CA\0rdinances\P1anning\Land Use\Madison On The Avenue LUA-Ordinance.Docx Page 569 of 817 38 39 40 is amended from Local Retail Commercial (LRC) to Special High Density Residential 41 (SHDR). 42 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 43 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 44 Land Development Regulation Act. No party shall be vested of any right by virtue of the 45 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 46 including appeals, are exhausted. In the event that the effective date is established by state law 47 or special act, the provisions of state act shall control. 48 FIRST READING this day of 2020. 49 SECOND, FINAL READING and PASSAGE this day of , 2020. 50 CITY OF BOYNTON BEACH, FLORIDA 51 YES NO 52 53 54 Mayor— Steven B. Grant 55 56 Vice Mayor— Ty Penserga 57 58 Commissioner—Justin Katz 59 60 Commissioner—Woodrow L. Hay 61 62 Commissioner—Christina L. Romelus 63 64 VOTE 65 ATTEST: 66 67 68 69 Crystal Gibson, MMC 70 City Clerk 71 72 73 (Corporate Seal) 74 S:\CA\0rdinances\P1anning\Land Use\Madison On The Avenue LUA-Ordinance.Docx Page 570 of 817 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 MADISON ON THE AVENUE FROM C-2 NEIGHBORHOOD 7 COMMERCIAL TO IPUD INFILL PLANNED UNIT 8 DEVELOPMENT; PROVIDING FOR CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from C-2 Neighborhood Commercial to IPUD Infill Planned 15 Unit Development; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-2 26 Neighborhood Commercial to IPUD INFILL PLANNED UNIT DEVELOPMENT. A location 27 map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 28 Description: 29 LOTS 11, 12, AND 13, ROBINSON ADDITION, ACCORDING TO 30 THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 31 144, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 32 FLORIDA. 33 34 CONTAINING 0.667 ACRES OR 29,070 SQUARE FEET, MORE OR 35 LESS. 36 37 i S:\CA\Ordinances\Planning\Rezoning\Madison On The Avenue-Rezone-Ordinance.Docx Page 571 of 817 38 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 39 accordingly. 40 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 41 Section 5. Should any section or provision of this Ordinance or any portion thereof be 42 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 43 remainder of this Ordinance. 44 Section 6. This ordinance shall become effective immediately upon passage. 45 FIRST READING this day of 2020. 46 SECOND, FINAL READING and PASSAGE this day of , 2020. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor— Steven B. Grant 51 52 Vice Mayor— Ty Penserga 53 54 Commissioner—Justin Katz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner—Christina L. Romelus 59 60 VOTE 61 ATTEST: 62 63 64 65 Crystal Gibson, MMC 66 City Clerk 67 68 69 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Madison On The Avenue-Rezone-Ordinance.Docx Page 572 of 817 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: April 16, 2020 PROJECT: Madison on the Avenue LUAR 20-002 REQUEST: Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), and Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. PROJECT DESCRIPTION Property Owner/ Applicant Jarod Doros & Pure Start LLC/Jarod Doros of JWD Builders, Inc. Agent: Christi Tuttle /Bradley Miller AICP, Miller Land Planning, Inc. Location: 404 and 412 SE 23rd Avenue (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Special High Density Residential (SHDR) / IPUD Infill Planned Unit Development Acreage: 0.67 acre Proposed Use: 10 townhomes Page 573 of 817 Page 2 Madison on the Avenue LUAR 20-002 Adjacent Uses: North: Right-of-way for SE 23rd Avenue; farther north developed multi- family rental properties, classified Local Retail Commercial and zoned C-3, Neighborhood Commercial; South: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; East: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; and West: Developed Kensington Place PUD, classified Medium Density Residential and zoned IPUD, Infill Planned Unit Development. BACKGROUND The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in the 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infil Planned Development District. The MSPM (Major Site Plan Modification) application is being processed concurrently with the application for FLU amendment and rezoning (see the 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 noted above, the subject property is located within the CRA. The CRA Community 2 Page 574 of 817 Page 3 Madison on the Avenue LUAR 20-002 Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire area. The recommendations are consistent with the vision for economic revitalization embedded in the Plan, and with its projected needs for broad categories of land uses. Occasionally, a request for reclassification of the CRA-located property does not match the Plan's recommendation, but may not be contrary to its intent. Such is the case of the request under consideration. The Plan for the Federal Highway District South shows the FLU category recommended for the property to be Mixed Use Low (MXL). Not only is the MXL category's maximum residential density of 20 units the same as the maximum density allowed in the requested SHDR district, but the zoning regulations under each zoning district would allow residential-only projects. Finally, the applicant proposed ten (10) fee-simple townhomes; therefore, the project to be supported by the subject request will contribute to the diversification of the City's housing stock. The great majority of units approved in the City in recent years are multifamily rental apartments. 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. For consistency with the CRA Redevelopment Plan, see response to criterion "a" above. (The Plan is, by reference, a part of he Comprehensive Plan). The proposed FLUM amendment and rezoning would be consistent with a number of objectives and policies of the Future Land Use and Housing Elements aimed at ensuring adequate housing of all types to households of all income levels. The overall goal of the Housing Element is "to provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Likewise, policies under Objective 1.11 of the Future Land Use commit the City to the active promotion of housing: Objective 1.11 The City shall promote the development of a variety of rental and owner- occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Moreover, a small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: 3 Page 575 of 817 Page 4 Madison on the Avenue LUAR 20-002 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. y.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. Consistency with Land Development Regulations (LDR) The master plan/site plan for the property and its consistency with the Land Development Regulations is being reviewed concurrently (see the corresponding staff 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 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. The proposed FLUM amendment and rezoning is consistent with the established land use pattern. The FLU category and the zoning district requested for the subject property matches the respective designations of Coastal Bay development abutting its eastern and southern boundary. On the west side, Kensington Place townhomes are under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. 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. In 2019, the City passed Sustainable Development Standards ordinance, requiring all projects to incorporate specific required design features (i.e., white roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. See the corresponding master plan/site plan staff report for details. 4 Page 576 of 817 Page 5 Madison on the Avenue LUAR 20-002 The site offers access to public transportation (Palm Tran bus routes along Seacrest Blvd and Federal Highway). 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. Solid 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 will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD application submitted by the applicant found negative impact on the public school system. In order to address the school capacity deficiency generated by this proposed development at the District Elementary school level, the property owner must contribute $3,072 to the School District of Palm Beach County prior to the issuance of first building permit. 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 criteria "a" and "c." The proposed FLUM amendment and rezoning is consistent with the established land use pattern. The FLU category and the zoning district requested for the subject property matches the respective designations of Coastal Bay development abutting its eastern and southern boundary. On the west side, Kensington Place development is under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. Both developments are fee-simple townhome communities, compatible with the project to be supported by the subject requests. 5 Page 577 of 817 Page 6 Madison on the Avenue LUAR 20-002 The neighborhood will benefit from improvement of the subject property, likely to have a positive effect on the surrounding property values. The City will benefit from addition of for-sale units to the housing stock, with its fast growing number of rental apartments. 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) ould.(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,- (5) age,(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. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. As stated in response to criterion 'T', there is also a benefit of adding for- sale units to the City's housing stock, with its fast growing number of rental apartments. 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. The request applies to a residentially-designated property and therefore would not reduce the amount of land available for commercial/industrial 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. 6 Page 578 of 817 Page 7 Madison on the Avenue LUAR 20-002 The City has few vacant parcels left as it is nearing buildout. Moreover, the request is consistent with the intent of the CRA Redevelopment Plan and supports improvement to the neighborhood with a project that will meet the Plan's attendant strict design standards. j. 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 site plan review, see the corresponding staff report. 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\Madison on the Avenue\LUAR 20-002\LUAR 20-002 Madison on the Avenue Staff Report 2- 24-2019.docx 7 Page 579 of 817 Exhibit A LOCATION MAP ' t E 1 5 t3h }li` z � 1 S I u* v c I j i dr t t ttt\r £141 t�}A� Page 580 of 817 Exhibit B1 MADISON ON THE AVENUE: EXISTING FLU , / r DR W f t I S ( } , g f � t f r l st [ QQQ k 44 F. i 1 1 r k $ _ � t f 4r f . � fs } r,r � , r . } r tk �r f , � r { r 1 r .1111111111111111111 � r � , f 1 r f q \ r f Y � Y r f , t 1 t rr f I t F . A \v1�'� MDR s � r LEGEND � } �- MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL(SHDR), 20 D.U./Acre j€ LOCAL RETAIL COMMERCIAL (LRC) ������� Page 581 of 817 Exhibit B2 MADISON ON THE AVENUE: PROPOSED FLU , / r DR W r, ( I S f t f � t f r l st [ QQQ k 44 F. i 1 1 , k $ _ � t f 4r f . } , r . } r , k s �r } , � r { r } 1 r .1111111111111111111 � r � , f 1 , MD � S s � r LEGEND � } �- MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre }i?Sid SPECIAL HIGH DENSITY RESIDENTIAL(SHDR), 20 D.U./Acre �if �f 33#{}, LOCAL RETAIL COMMERCIAL (LRC) ������� Page 582 of 817 Exhibit C1 MADISON ON THE AVENUE: EXISTING ZONING a Y If �1 2t£1i} tri,ll}li ltit nS" ii£ {I it £ i Itttr i I Irl li �££ £ li li ra sr 3 £-1 iri £� 11 riri tr lel i £ s S `� yy g 1, � ,�l slli ijy+£ fi li ri l ( 1s }t li t}i t1-1 S ��It ilii tai{ i � �� ti! }fc Ili ,i,,,i Irl£rill£ i� } tri,A1 {£ riI -ti � i i ii � { ttr ill;tfil ilr i 3 t V -2 }� ! fr I S,r 7 s r i it r£I t£ r t(U{ Ulirji )i Int 1 1 ilia s r a(jl l!i i ryvrr i t r rf 4. ,�� fit,., (tl ���i' fr?r£`t ( i{ i iltll�l ii�£rll � 1 til l�i{ lr£f�;t {�li �i £�;i i{i �if Irt i{llit � tl:rrr Iri ilrr i[r ts££; SE� 23rd�Ave { sr }US k1 U'dA1�ti i��£r��� ill' 11llt 1�t � 7ltl}i'r ly�f(x�lrr 111ritr i� till£V 1 ! � sl f t ti ii i t r i asi 11 l i t 7r 1 SITE w: itt iilrt } t " Al Ir i � iri it 11dd I �� I itti-:art it i li i i 1 i!})j r 1 ,. -2 ul Ar 1�£ 1r 1i4 til kt (itl}rS}ri �i i 'ill Z �1, ���� r, ' 1 tl ( u itl{ 1 IS s 11 1rri lail rfr 1 �- �' LEGEND Sr a i t4�i r � ii {fr lrt i t it c ( i s F R3 Multi Family, 11 du/ac t: iiiJ i IViI altr(i £s ti ill tlrs(S {Bili tVi lfi t� 'iii ¢ U IPUD Infill Planned Unit Development l! it (� fir.rl Illi t� 111 i'1) 4! >iiil�J�7 1 ri(ii 4U�\t s11 i a�l }� u ipl i 7r it iiiilrriltt t1 rlttliiil iy 7`(11r�1 r Iii rllitj}jri l lf}li iJt 7 ii { � t i$}_ jr'i 5 its 1 rj �,r �j ltf S�7 Ir Iii �)13 ri I l� C2 Neighborhood Commercial 9 tis c 11 1 t ill lsllr 'i 1 Siill�)f i Ir lis li 41i li t �-�i @ ik r�lljllil�il_ii t \ £ 1� ilii {1 1 ti t{lithtii '1��1 i -•`t a� } rirr C3 Community Commercial r t� \11 trill£ ltl£( ll rlihi lilt 4S t rt Sr£ f t it rR§ i}, 1,g,1,1,0irltilr,_ ,Il'Iryh Ili}' air, ifi 1 Ili hltli`ili 11'f ir' �,s {s, s ri iri � �,�#•' Ul r lil iila�(i�f III 'r is 1�7 S i ,I 11'{i li {ill t flttll i Page 583 of 817 Exhibit C2 MADISON ON THE AVENUE: PROPOSED ZONING t � ff s s r l tlft" I fs t s i tti > 1!f l tl tsi 11t i f f i i tis f I�l�. tltrl l 1 J`t rtt� f t-` E �� 4...._� gf11 1 � it ""JAR - I) r,f1��l ttt � tjt,Iii�i ti tjr� 7 f St y�. 7 7�u �llf 1N �t� t � flti l� :r{t( i 1� i 'l( to j�tU ffl. jit t if:r 7 tiff yfll7ltfl Sft le tr liii� ff lllt tri � sjX , ■2 (,?11I 4t ttt.t uii7if i4 rltits,r hi 11, b1� fA t}liltt71 f�f'l ll�(�l}(i 1��, ti ��} 11 ?t i'.. E 23rc1AVe '' f v ��{ Sfjht �l3 ti ltlfl fi 1 tS jty �l}llftt lq f x 1�� �f: 1 f,Si4�l 4Jf 0. t i. P 41 4�ti I ill ilr i, t� r "��ll�lil ll��tta 15�11�i 7U t��tlidtll�itljttl��l �'�14t f'ifit� ISS i s 4 i (l; vl �ttr loll r i{ u,' ltytl� t t Ii ljhf�{'� t�j lit il�ti7�It;ti ft l� Vliif! It�7Slt� ,,I�1, tltt f.i\i }�7 }� ,. �PU� i �4 it t�jn lt�f f Slt�rrlt:�t7 sl ft t�i it�t�7ttt � i �S�` � d} 1 17-5 (Iitti'lf�ir�till r(�fl}-.�titISlA`,r tt tVt`;1 s, ���j }iI��t1�s � 77 ,1 Y= LEGEND vM" {fftii kl }�}l��tt1 f f� i 7¢f�l I5� tl Fyi ��t 7i jli rte s ti l f f, R3 Multi Family, 11 du/ac F Utt } tt i a ( f ' f i s 1 litsl (rttt isl z f r l{ IPUD Infill Planned Unit Development i, s lyilll� tfti t,i tl�- i{t{ ifti ll (tit{ s� i' r.. C2 Neighborhood Commercial �t 'f2 If lyf ilrt t ll li�ii a tl �77f i(ti ltt�-� i t -_� C3 Community Commercial �� }Slit 1�-1t�1 7t t f i f fS� tltltf t lilt � � � (D - �.�t}til Page 584 of 817 8.B. PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. Applicant: Jarod Doros, JWD Builders. (Tabled from the May 19, 2020 Commission Meeting.) Explanation of Request: Bradley Miller, Miller Land Planning, Inc., on behalf of property owner Jarod Doros, is requesting approval to construct a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property, located at 404-412 SE 23rd Avenue. The subject 0.67-acre property consists of two (2) lots and is located in the Federal Highway District(South) of the Community Redevelopment Area (CRA), approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Relative to traffic, the project is estimated to generate 31 additional vehicle trips over the current uses of the properties, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. The proposed building elevations depict the top of parapet height of 26'-8", comparable with the 30 foot maximum height allowed within the City's single-family zoning districts, and compatible with the surrounding properties. The Planning and Development Board recommended approval of the item at the April 28, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional dwelling units result in increased tax revenue. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Page 585 of 817 Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map E)diibit A- Location Map D Drawings E)diibit B - Project Plans D Conditions of Approval E)diibit C - Conditions of Approval D Development Order Development Order Page 586 of 817 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-039 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, Principal Planner DATE: April 16, 2020 PROJECT: Madison on the Avenue MSPM 20-004 REQUEST: Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. PROJECT DESCRIPTION Property Owner/ Applicant: Jarod Doros & Pure Start LLC/Jarod Doros of JWD Builders, Inc. Agent: Christi Tuttle / Bradley Miller AICP, Miller Land Planning, Inc. Location: 404 and 412 SE 23rd Avenue (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Special High Density Residential (SHDR) / IPUD Infill Planned Unit Development Acreage: 0.67 acre Proposed Use: 10 townhomes Page 587 of 817 Page 2 Madison on the Avenue MSPM 20-004 Adjacent Uses: North: Right-of-way for SE 23rd Avenue; farther north developed multi- family rental properties, classified Local Retail Commercial and zoned C-3, Neighborhood Commercial; South: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; East: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; and West: Developed Kensington Place PUD, classified Medium Density Residential and zoned IPUD, Infill Planned Unit Development. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infil Planned Unit Development District. This MSPM (Major Site Plan Modification) application is being processed concurrently with the application for Future Land Use Map (FLUM) amendment and rezoning (see corresponding staff report). 2 Page 588 of 817 Page 3 Madison on the Avenue MSPM 20-004 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the net new daily trips for the project is estimated to be 31 vehicle trips, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. School: The School District of Palm Beach County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will not have a significant impact on school capacity. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of ingress/egress is proposed for the project along SE 23rd Avenue. This two-way driveway is located at the west side of the property, and serves as the only point of access to the ten (10) townhome development. Sidewalks are provided along the right-of-way at a minimum of five (5) feet in width. The sidewalk is proposed to connect to walkways which lead to the front doors and porches of the dwelling units. The sidewalk is also proposed to be lined with landscaping. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for two or more bedroom units. The project proposes ten, three-bedroom units, which would require twenty (20) parking 3 Page 589 of 817 Page 4 Madison on the Avenue MSPM 20-004 spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds two (2) parking spaces to the total of twenty-two (22) required parking spaces. The site plan proposes 40 parking spaces, or an excess of eighteen (18) spaces. Each unit has a two-car garage and a two car driveway. Landscaping: The Plant List (Sheet L-2) indicates that the project would add a total of 42 trees and palm trees, 431 accent and shrub specimens, and 1,334 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Silver Buttonwood and East Palatka Holly. Palm species would include Double Christmas Palms, Triple Christmas Palms and Fishtail Palms. The applicant has chosen Coontie, Pentas and Lantana plants as butterfly attractors. Projects proposed in the Federal Highway District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose being to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees, paver sidewalks, and front porches along the building and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The site area of the project is 0.67 acre. The ten (10) dwelling units at within two buildings, one building containing five (5) units is located along SW 23rd Avenue and the second five (5) unit building parallel to, and south of the first building. The building along SW 23rd Avenue has front porches facing the street and the private garages internal to the site. The second building has both the front doors and the private garages internal to the site. The ten residential units are three-bedroom units. Each unit also has a balcony or terrace that either faces the street or internal to the site. Building Height: The maximum building height allowed in the IPUD zoning district is 45 feet. The proposed building elevations depict the top of parapet height of 26-8", comparable with the 30 foot maximum height 4 Page 590 of 817 Page 5 Madison on the Avenue MSPM 20-004 allowed within the City's single-family zoning districts. Setbacks: The IPUD zoning district has flexible setback requirements. However, development within the Federal Highway District have a zero (0) foot build-to line. The building setbacks may be increased up to 15 feet, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along SW 23rd Avenue, the proposed building setback along the length of the building is approximately 10.5 feet. Along the eastern property line, the building along SW 23rd Avenue has a setback of 10 feet and building further south has a setback of 6.5 feet. Along the west property line, the building along SW 23rd Avenue / Golf Road has a setback of 36.8 feet while the building further south has a setback of 30.8 feet. The southerly building also has a rear setback of ten feet which includes a five foot wide landscape buffer. Amenities: As noted above, the building is setback from the western property line. Within this setback the project proposes a communal recreational space. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Design: The proposed building has a contemporary design, featuring a smooth stucco finish, a flat roof with varying roof line, aluminum railing balconies and louvered awnings, scored banding, porte cocheres, modulation of the facades, and a grey tone color palette. Lighting: The photometric plan (Sheet E-1) includes six (6) concrete poles with height of 15 feet and two (2) bollards with a height of 42 inches. The facade elevations also depict 10 wall-mounted fixtures placed at each unit entry. The project is required to use `warm white' lighting in all fixtures. See Exhibit "C" — Conditions of Approval. The on-site illumination would not "spill over" onto adjacent properties and rights- of-way as required by code. There are no spot readings in excess of the maximum allowed 5.9 foot-candles. Signage: A site sign is proposed along SW 23rd Avenue, setback a minimum of ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). 5 Page 591 of 817 Page 6 Madison on the Avenue MSPM 20-004 Sustainability: Multifamily residential development with less than 20 units must achieve a minimum of 15 sustainabilty points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy All air conditioners are Energy Star qualified, minimum SEER 16 2 At least 75% of hot water on premises is heated via Energy Star Certified water heaters or solar water heaters 2 Use roofing material that has a SRI > 5 for low sloped roofs for a minimum of 75% of the roof surface 2 Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Where provisions of shade structures are not required per code: Structures such as awnings, screens, louvers or other architectural devices shall cover a minimum of 50% of glazed openings 4 All appliances within the units will be 100% Energy Star 2 Transportation Provide four (4) over the required number of electric car charging stations 4 Total Points 18 Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. RECOMMENDATION Staff has reviewed this request for major site plan modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — 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. 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DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permit provide drainage calculations that prove post- X development discharge is less than pre-development. Also, provide evidence that Palm Beach County will accept discharge from this site. 2. Provide documentation indicating that the sidewalk along SE 23rd X Avenue was dedicated to Palm Beach County, at time of permit issuance. FIRE Comments: 3. Revise note that states fire sprinkler are required per NFPA X 1:18.2.3.4.4. This code is for dead-end fire department access. The development proposes to install fire sprinklers as an alternative to the code with approval of the Fire Marshal. 4. Provide note on the plan which references the standards used to X design and install the fire sprinkler system. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 5. Park impact fees will be required at time of building permit. X Page 606 of 817 Madison on the Avenue (MSPM 20-004) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. Approval of this project is contingent upon the approval of the X accompanying request for land use amendment / rezoning (LUAR 20-002). 7. On Building 2, revise the two end units to eliminate the interior X hallway on the first floor and expand the outdoor entry/ patio area. 8. At time of permitting, revise photometrics plans to clearly Indicate X light fixtures will provide lighting in the warm white range of 2000 to 3000k. 9. At time of permitting, revise photometrics plans to clearly Indicate X proposed wall mounted light fixtures. 10. At time of sign permit, provide details of proposed monument sign X and ensure a setback of a minimum of ten feet from property line. 11. The west elevation on the 1st Floor of Building 1 consists of a lot of X blank wall. The portion of that facade closest to SW 23rd Avenue will be visible from the street. Provide vertical offsets or scoring keeping the same rhythm as the front of the buildings 12. Any downspouts shall be enclosed within architectural features and X tied into the on-site storm drainage system. Please place a note on the Master Plan and on the building elevation sheets. 13. Please correct the labeling of Sheet A-4.0 from Elevations Building 2 X to "Elevations Building 1". 14. Please correct the labeling of the tallest parapet on sheet A 4.0 to X indicate 26'8". 15. Equipment placed on the walls of the buildings shall be painted to X match the building color. Please place a note on the elevations indicating this requirement. 16. Please provide landscape cross-section drawings for the east, west X and south landscape buffers to demonstrate the extent of buffering. The drawings may include the existing landscape material on the adjacent parcels, in order to provide a complete assessment. 17. If proposed as a for sale product, HOA/COA documents will need to X be submitted and approved prior to the issuance of any permits for Page 607 of 817 Madison on the Avenue (MSPM 20-004) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT building construction. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Provide additional landscaping along the west facade of the north X building. 19. Enhance landscaping on north property line to allow for additional X screening. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\MSPM 20-004\_StaffReport\Exhibit C-MSPM 20-004 COA.doc Page 608 of 817 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Madison on the Avenue (MSPM 20-004) APPLICANT: Jarod Doros, JWD Builders APPLICANT'S ADDRESS: 404 SE 231 Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2020 APPROVAL SOUGHT: Request for approval of a Major Site Plan Modification for the construction of a multi-family development consisting ten (10) two (2)-story townhomes, parking, and related site improvements. LOCATION OF PROPERTY: 404—412 SE 231d Avenue, Boynton Beach, FL 33435 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 X 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 "C" with notation "Included." 4. The Applicant's request is hereby X 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\Madison on the Avenue\MSPM 20-004\_StaffReport\MSPM 20-004 DO.doc Page 609 of 817 8.C. PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Ordinance No. 20-013- Second Reading -Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Proposed Ordinance No. 20-014- Second Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. Explanation of Request: The 3.87- acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, but, due to the economic downturn, the project was abandoned. Since then, the owners found it challenging to find a physically and economically feasible use for the property, given its layout and the steadily rising land and construction prices. To increase development feasibility of the site, the applicant is requesting that the future land use of the property be amended to High Density Residential (HDR), and its zoning changed to Infill Planned Unit Development (I PUD), the district recently approved to be paired with the HDR category. The HDR/IPUD future land use and zoning allows a maximum density of 15 dwelling units per acre. The subject property is currently under the Medium Density Residential (MEDR) classification and R-3 zoning, with maximum density capped at 11 dwelling units per acre. Its neighbor to the south, the Pine Point Community, carries the same designations. The proposed I PUD district is a residential-only, multi-family zoning district, as is R-3. Arguably, the difference between 11 and 15 units per acre can be considered of no major significance in terms of potential negative impacts, and the project is designed to minimize such impacts (see corresponding staff report). Clearly, no incompatibility issues would arise north (the cemetary) and west (interstate 95) of the property, and the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. The proposed master plan/site plan for the property is being processed concurrently. The Planning and Development Board reviewed this item at its April 28, 2020 meeting and forwards it with a recommendation of approval. How will this affect city programs or services? No significant impact on City programs or services Fiscal Impact: Increase in future property tax revenues Page 610 of 817 Alternatives: No alternatives recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving I\Airaflor Land Use D Ordinance Ordinance approving I\Airaflor rezoning D Staff Report Staff Report D Location I\Aap E)diibitA, Location I\Aap D Exhibit ExIiibit E1. Existing FLU D Exhibit EXHIBIT B2, Proposed FLU D Exhibit EXHIBIT C1, Current Zoning D Exhibit EXHIBIT C2, Proposed Zoning Page 611 of 817 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 MIRAFLOR APARTMENTS 7 AND DESCRIBED HEREIN, OWNED BY SEACREST 8 PROPERTIES, LLC., CHANGING THE LAND USE DESIGNATION 9 FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO: HIGH 10 DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, 11 SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 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: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 31 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF FLORIDA, AND 32 KNOWN AS BEING A PART OF THE REPLAT OF PART OF LINCOLN OF 33 LINCOLN MEMORIAL GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225, 34 AND FURTHER DESCRIBED AS FOLLOWS: 35 36 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL 37 OF LAND AS CONVEYED TO PALM BEACH COUNTY CEMETERY 38 CORPORATION IN VOLUME 4784, PAGE 360, SAID POINT ALSO BEING ON THE S:ACA\Ordinances\Planning\Land UseAMiraflor Apartments LUA-Ordinance.Docx Page 612 of 817 39 WEST RIGHT OF WAY LINE OF SEACREST BOULEVARD, A VARIABLE WIDTH 40 PUBLIC RIGHT OF WAY; 41 42 THENCE,NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 43 THENCE,NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 44 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 45 THENCE,NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 46 THENCE, SOUTH 87 DEG. 30'46"EAST, 148.72 FEET TO A POINT; 47 THENCE,NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 48 THENCE, SOUTH 87 DEG. 30'46" EAST, 326.39 FEET TO A POINT; 49 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 50 THENCE, SOUTH 87 DEG. 30'46" EAST, 33.81 FEET TO A POINT; 51 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 52 THENCE, SOUTH 87 DEG. 30'46" EAST, 81.83 FEET TO A POINT; 53 THENCE,NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 54 THENCE, SOUTH 87 DEG. 30'46 EAST, 92.00 FEET TO A POINT ON THE WEST 55 RIGHT OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" 56 WEST, 161.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.87 57 ACRES (168,650 SQ. FT.) OF LAND. 58 59 60 is amended from Medium Density Residential (MDR)to: High Density Residential (HDR). 61 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 62 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 63 Land Development Regulation Act. No party shall be vested of any right by virtue of the 64 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 65 including appeals, are exhausted. In the event that the effective date is established by state law 66 or special act, the provisions of state act shall control. 67 FIRST READING this day of 2020. 68 S:ACA\Ordinances\Planning\Land UseAMiraflor Apartments LUA-Ordinance.Docx Page 613 of 817 69 SECOND, FINAL READING and PASSAGE this day of , 2020. 70 CITY OF BOYNTON BEACH, FLORIDA 71 YES NO 72 73 74 Mayor— Steven B. Grant 75 76 Vice Mayor— Ty Penserga 77 78 Commissioner—Justin Katz 79 80 Commissioner—Woodrow L. Hay 81 82 Commissioner—Christina L. Romelus 83 84 VOTE 85 ATTEST: 86 87 88 89 Crystal Gibson, MMC 90 City Clerk 91 92 93 (Corporate Seal) 94 S:ACA\ordinances\Planning\Land UseAMiraflor Apartments LUA-Ordinance.Docx Page 614 of 817 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 MIRAFLOR APARTMENTS FROM R-3 MULTI-FAMILY 7 RESIDENTIAL TO IPUD INFILL PLANNED UNIT 8 DEVELOPMENT; PROVIDING FOR CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from R-3 Multi-Family Residential to IPUD Infill Planned 15 Unit Development; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from R-3 26 Multi-Family Residential to IPUD INFILL PLANNED UNIT DEVELOPMENT. A location 27 map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 28 Description: 29 SITUATED IN THE COUNTY OF PALM BEACH AND STATE OF 30 FLORIDA, AND KNOWN AS BEING A PART OF THE REPLAT OF PART 31 OF LINCOLN OF LINCOLN MEMORIAL GARDENS AS RECORDED IN 32 PLAT BOOK 25, PAGE 225, AND FURTHER DESCRIBED AS FOLLOWS: 33 34 BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A 35 PARCEL OF LAND AS CONVEYED TO PALM BEACH COUNTY 36 CEMETERY CORPORATION IN VOLUME 4784, PAGE 360, SAID POINT 37 ALSO BEING ON THE WEST RIGHT OF WAY LINE OF SEACREST 38 BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY; I S:\CA\Ordinances\Planning\Rezoning\Miraflor Apartments-Rezone-Ordinance.Docx Page 615 of 817 39 THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT; 40 THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT; 41 THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT; 42 THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT; 43 THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT; 44 THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT; 45 THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT; 46 THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT; 47 THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT; 48 THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT; 49 THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT; 50 THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT; 51 THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE 52 WEST RIGHT OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 53 02 DEG. 29' 14" WEST, 161.27 FEET TO THE POINT OF BEGINNING AND 54 CONTAINING 3.87 ACRES (168,650 SQ. FT.) OF LAND. 55 56 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 57 accordingly. 58 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 59 Section 5. Should any section or provision of this Ordinance or any portion thereof be 60 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 61 remainder of this Ordinance. 62 Section 6. This ordinance shall become effective immediately upon passage. 63 FIRST READING this day of 2020. 64 65 2 S:\CA\Ordinances\Planning\Rezoning\Miraflor Apartments-Rezone-Ordinance.Docx Page 616 of 817 66 SECOND, FINAL READING and PASSAGE this day of , 2020. 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 70 Mayor— Steven B. Grant 71 72 Vice Mayor— Ty Penserga 73 74 Commissioner—Justin Katz 75 76 Commissioner—Woodrow L. Hay 77 78 Commissioner—Christina L. Romelus 79 80 VOTE 81 ATTEST: 82 83 84 85 Crystal Gibson, MMC 86 City Clerk 87 88 89 (Corporate Seal) 3 S:\CA\Ordinances\Planning\Rezoning\Miraflor Apartments-Rezone-Ordinance.Docx Page 617 of 817 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-008 STAFF REPORT To: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: March 23, 2020 PROJECT: Miraflor Apartments LUAR 19-005 REQUEST: Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR), and rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. PROJECT DESCRIPTION Property Owner/Applicant Randall K. Rush, Managing Member, Seacrest Properties, LLC Agent: Christi Tuttle/ Bradley Miller, ACIP/ Miller Land Planning Inc. Location: West side of North Seacrest Boulevard, immediately south of Palm Beach Memorial Park cemetery (see Location Map - Exhibit "A"). Parcel Size: 3.87 acres (168,650 square feet) Existing Land Use: Medium Density Residential (MDR) Existing Zoning: R-3 Multi-Family Residential Proposed Land Use: High Density Residential (HDR, 15 dweeling units per acre) Proposed Zoning: Infill Planned Unit Development (IPUD) Page 618 of 817 Page 2 LUAR 19-005 Miraflor Apartments Proposed Use: 58 multifamily units Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South: Townhomes (Pine Point Villas Condo) classified Medium Density Residential (MDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Low Density Residential (LDR 7.5 du/ac) and zoned Single-Family Residential (R-1); farther to the east / northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi-family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). BACKGROUND The 3.87 acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, after its annexation to the City. However, as the approval coincided with the onset of "Great Recession," the project was never built. Since then, the owners found it challenging to find a physically and economically feasible use for the property, given its layout and the steadily rising land and construction prices. Two actions undertaken by the City have increased the development potential of the property. The proposed High Density Residential (HDR) future land use is the "new" HDR established following the recommendations of the 2016 CRA Community Redevelopment Plan. It allows for a maximum 15 units per acre, a mid-point density between 11 units per acre of the Medium Density Residential (current FLU classification of the parcel) and 20 units per acre of the Special High Density Residential FLU. The latter density would not be appropriate for the subject property given the adjacent development patterns. The City is also proposing an amendment to the Land Page 619 of 817 Page 3 LUAR 19-005 Miraflor Apartments Development Regulations, pairing the Infill Planned Unit Development (IPUD) zoning designation with the HDR future land use classification. The applicant is requesting that the future land use of the property be amended to High Density Residential, and its zoning changed to IPUD. The proposed master plan/site plan for the property is being processed concurrently. Review Based on Criteria The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. 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. There is no redevelopment plan for the area, but the proposed FLUM amendment and rezoning would be consistent with objectives and policies of the Future Land Use and Housing Elements of the Comprehensive Plan aimed at ensuring adequate housing provision to households of all income levels. The overall goal of the Housing Element is "to provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Likewise, policies under Objective 1.11 of the Future Land Use commit the City to the active promotion of housing attainable to all residents: Objective 1.11 The City shall promote the development of a variety of rental and owner-occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Page 620 of 817 Page 4 LUAR 19-005 Miraflor Apartments Moreover, the small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: 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. y.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. The master plan/site plan for the property and its consistency with the Land Development Regulations is being reviewed concurrently (see the corresponding staff 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 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. Arguably, this request, if approved, would not create an isolated zoning district unrelated and incompatible with adjacent and nearby districts. The IPUD district was created as an infill district to suit development opportunities similar to one presented by the property under consideration. It is a residential-only, multi-family zoning district, as is the R-3 designation of the Pine Point community directly south of the property. No incompatibility issues would arise north (the cemetary) and west (interstate 95) of the property, and the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. Finally, the project would be designed to minimize any negative impacts on the Pine Point community. 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) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. Page 621 of 817 Page 5 LUAR 19-005 Miraflor Apartments In 2019, the City passed Sustainable Development Standards ordinance, requiring all projects to incorporate specific required design features (i.e., white roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. See the corresponding master plan/site plan staff report for details. The site offers access to public transportation (Palm Tran bus Rt. 70 on Seacrest Blvd.). 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. 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 will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD letter submitted by the applicant concluded that there will be no negative impacts on the public school system. 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 criteria "a", "b," "c," and the narrative in the Background section of this report. The proposed reclassification and rezoning in support of the multifamily residential project is reasonably compatible with the current (and future) use of the surrounding properties. The difference between 11 and 15 units per acre (maximum density of the property's current R-3 zoning versus maximum density allowed in the Page 622 of 817 Page 6 LUAR 19-005 Miraflor Apartments requested HDR/IPUD future land use and zoning) can arguably be considered of no major significance in terms of potential negative impacts. As already stated in response to criterion "c," the project would be designed to minimize such impacts on the Pine Point community. Importantly, the project supported by the proposed FLUM amendment and rezoning will contribute to alleviation of shortage of mid-priced rental housing. 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) ould.(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,- (5) age,(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. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. There is also a benefit of contributing to the stock of moderately-priced rental housing, important for attracting new businesses to the City. 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. The request applies to a residentially-designated property and therefore would not reduce the amount of land available for commercial/industrial development. Page 623 of 817 Page 7 LUAR 19-005 Miraflor Apartments h. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply to the subject case, as it is not a project looking for suitable site. The applicant/owner acquired the property in 2007 and made several attempts to find the best use for it ever since. L Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/ site plan review, see the corresponding staff report. 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\MiraflorApartments 2019\LUAR 19-005\LUAR 19-005 MiraflorApartments.doc Page 624 of 817 Exhibit A LOCATION MAP ' l f r 22?4 } 1 � J 7 Mentone Rd SEW i N y r f t „f r i x Y F j�}1i�' ��!; -- s � 1' ��{�{{ „iI€�P�J rt c,,ti, 1r1'-_ t}{ `• s, ! � �� . i' f 1 i��, C�� � � iA�� {nr a��� ff�, ! 1'S� fl � �}s� sus I �EU;s•S ��}�� f��� ���3� � r rkf r. k v r'l {•` ��f�� { Sri t �� � r"„k }�i � e� I Legend 0111111111 City Boundary 0 45 90 180 270 7 Exhibit B1 MIRAFLOR APARTMENTS: EXISTING FUTURE LAND USE Palm Beach Memorial Park SITE oil Mentone-Rd Existing FLU: MDR Ltd MD CountrysLn -> L R C Z L u Cal Pine-Point-Dr--CO d Z C- C =� O _ N-Palm ®Dr 2 —Bayview-Ave-- Legend —Ba iewAveLegend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre 011MIl CITY BOUNDARY 0 25 50 100 150 200 6e9ft817 Exhibit B2 MIRAFLOR APARTMENTS: PROPOSED FUTURE LAND USE Palm Beach Memorial Park f all 1111 i iMenton-e--Rd- C Z OC Country=Ln— i > m IW y y, i fl u C Pine-Point-Dr--w i, f O' v Z N-Palm-Dr � d �- Bayview Ave-- Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre 0 25 50 100 150 200 011011 CITY BOUNDARY T(4181 7 Exhibit C1 MIRAFLOR APARTMENTS: EXISTING ZONING Palm Beach Memorial Park ca � o Country n C .> Z H i Pine Point Dr � Z N-Palm__Dr Bayview Ave Legend R1 Single Family, 7.5 du/ac R3 Multi Family, 11 du/ac 011MIl CITY BOUNDARY o zs so goo iso zoo ��t817 Exhibit C2 MIRAFLOR APARTMENTS: PROPOSED ZONING Palm Beach Memorial Park All Mentone-Rd }' > C Z L Pine Point Dr � � Z .� f O Bayview Ave -- low Legend R1 Single Family, 7.5 du/ac R3 Multi Family, 11 du/ac IPUD Infill Planned Unit Development 0 2550 100 150 zoo 9(4t817 11 CITY BOUNDARY 8.D. PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to I PUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staff's 21 recommended conditions of approval plus two additional Board conditions. (Tabled from the May 19, 2020 Commission Meeting.) Explanation of Request: In 2007 the original Miraflor project received site plan approval, comprised of 40 townhomes and related site amenities. The project was never constructed and subsequently lost its approval status under the site plan expiration provisions of the City's Land Development Regulations. Since the 2007 site plan approval, the owners have found it challenging to find a physically and economically feasible use for the property, given its challenging configuration and the steadily rising land and construction prices. The current proposal changes the Miraflor project from a 40-unit townhome development to a 58-unit rental project within five (5) apartment buildings, with each building containing 10 to 13 apartment units ranging from 1,000 square feet in size for each two-bedroom apartment, and 1,100 square feet for each three-bedroom apartment. Each dwelling unit will have two bathrooms. The project plans include construction in one (1) phase. To achieve the increase in units and higher density, this request is co-joined with a concurrent request to amend the Future Land Use Map of the Comprehensive Plan to classify the subject property as High Density Residential (HDR) and to rezone the property to Infill Planned Unit Development (I PUD) (LUAR 19-005). Approval of the requested site plan is contingent upon approval of the concurrent requests for land use amendment and rezoning of the subject property. Multi-family residential (apartments) is a permitted use in the proposed I PUD zoning district. The maximum density allowed by the proposed High Density Residential (HDR) land use classification is 15 dwelling units per acre, which would allow the developer a maximum of 58 units based on a 3.87-acre site. This request was heard by the Planning & Development Board at their meeting on April 28, 2020. The Board voted 6-0 to approve this request subject to staff's recommended 21 conditions of approval and two (2) conditions of approval added by the Board. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: No alternative is recommended. Page 630 of 817 Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report KASPKA 19-008 D Location Map ExIiibit A- Location Map D Exhibit ExIiibit B - Survey D Exhibit ExIiibit B - Master/Site Plan D Exhibit ExIiibit B - Civil Plans D Exhibit ExIiibit B - Floor Plans D Exhibit ExIiibit B - Building Elevations D Exhibit ExIiibit B - Color Elevation 1 D Exhibit ExIiibit B - Color Elevation 2 D Exhibit ExIiibit B - Color Elevation 3 D Exhibit ExIiibit B - Color Elevation 4 D Exhibit ExIiibit B - Landscapel Plan D Exhibit ExIiibit B - Landscape2 Plan D Exhibit ExIiibit B - Photometric Plan D Conditions of Approval ExIiibit C - Conditions of Approval Post P D Development Order Development Order Page 631 of 817 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-040 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Kathleen Hatcher, Senior Planner DATE: April 16, 2020 PROJECT: Miraflor Apartments (MSPM 19-008) REQUEST: Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres zoned IPUD. PROJECT DESCRIPTION Property Owner: Seacrest Properties, LLC Applicant: Randall K. Rush of Seacrest Properties, LLC Agent: Christi Tuttle / Bradley Miller AICP, Miller Land Planning, Inc. Location: West side of North Seacrest Blvd. across from Mentone Road (see Location Map - Exhibit "A") Existing Land Use: MDR Medium Density Residential (11 du/ac) Existing Zoning: R-3 Multifamily Residential Proposed Land Use: HDR High Density Residential (15 du/ac) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 58 Rental Apartments Acreage: 3.87 acres (168,650 square feet) Page 632 of 817 Page 2 Miraflor Apartments MSPM 19-008 Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-family (RM); South: Townhomes (Pine Pointe Villas Condo) classified Medium Density Residential (MDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Low Density Residential (LDR 7.5 du/ac) and zoned Single-Family Residential (R-1), and farther to the east /northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM); West: Right-of-way of Interstate 95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single- Family (RS). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and Ordinance No. 05-004. BACKGROUND Site: As shown on the survey submitted, the subject property is a 3.87-acre irregularly-shaped parcel located on the west side of North Seacrest Boulevard, approximately one-half mile south of Hypoluxo Road, with 161 feet of lot frontage on North Seacrest Boulevard, and 857 feet of lot depth. Located between Pine Point Villas (in the City) and Palm Beach Memorial Park Cemetery (in the unincorporated County), the subject parcel was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. In 2007, the subject parcel was subdivided from the cemetery and annexed into the City, along with approvals for a 40-unit townhome development (ANEX 06-009, LUAR 06-022, NWSP 06-027). The applicant at that time 2 Page 633 of 817 Page 3 Miraflor Apartments MSPM 19-008 submitted a notarized Affidavit which stated that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". Even though approved on January 16, 2007, the previous Miraflor project was not constructed and the site plan approval expired. Since the 2007 approval, the owners have found it challenging to find a physically and economically feasible use for the property, given its challenging configuration and the steadily rising land and construction prices. Proposal: A major site plan modification approval for the proposed Miraflor Apartments project is requested by the applicant. As indicated on the Master/Site plan submitted (see Exhibit "B" — Plans), the project consists of a total of 58 dwelling units within five (5) apartment buildings, with each building containing 10 to 13 apartment units ranging from 1,000 square feet in size for each two-bedroom apartment, and 1,100 square feet for each three-bedroom apartment. Each dwelling unit will have two bathrooms. The project plans include construction in one (1) phase. Accompanying this request for a major site plan modification approval is a concurrent request (LUAR 19-005) to amend the Future Land Use Map of the Comprehensive Plan to classify the subject property as High Density Residential (HDR) and to rezone the property to Infill Planned Unit Development (IPUD). Approval of the requested site plan is contingent upon approval of the concurrent requests for land use amendment and rezoning of the subject property. Multi-family residential (apartments) is a permitted use in the proposed IPUD zoning district. The maximum density allowed by the proposed High Density Residential (HDR) land use classification is 15 dwelling units per acre, which would allow the developer a maximum of 58 units based on a 3.87-acre site. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Based on the traffic statement submitted and the County review, the project as proposed would potentially generate 316 new daily trips, with 21 peak hour trips in the AM and 26 peak hour trips in the PM. No permits can be issued after the build-out date of December 31, 2023. 3 Page 634 of 817 Page 4 Miraflor Apartments MSPM 19-008 School: The School District of Palm Beach County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will not have a significant impact on school capacity. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of ingress/egress is proposed for the project along North Seacrest Boulevard. This two-way driveway serves as the only point of access to the proposed apartment buildings. An emergency access point is proposed on the site plan near the westernmost parking lot and is subject to consent by the adjacent property owner to the north. Sidewalks are provided from North Seacrest Boulevard throughout the proposed development at a minimum of five (5)feet in width. The sidewalks provide required pedestrian connectivity from parking lots to front doors or stairwells and to residential amenity areas. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for each two (2) or three (3) bedroom apartment. The project proposes 25 two-bedroom units and 33 three-bedroom units, which would require a total of 116 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds nine (9) parking spaces for a total minimum of 125 required parking spaces. The site plan proposes 142 parking spaces, including five (5) handicap spaces and six (6) electric vehicle charging stations, with an excess of 17 parking spaces over the minimum requirement. 4 Page 635 of 817 Page 5 Miraflor Apartments MSPM 19-008 Building Height: In the IPUD zoning district the maximum building height allowed is 45 feet. To be more compatible with the one-story adjacent development to the south (Pine Pointe Villas), each proposed three- story apartment building has end units of two-stories in height. All proposed buildings comply with the IPUD height requirements of the Land Development Regulations, with the mean roof height of the three (3)-story portion being at 35 feet (10 feet less than the maximum of 45 feet allowed), and the mean roof height of the two (2)-story end units being approximately 25 feet. Setbacks: Flexible setbacks are allowed in the IPUD zoning district however they are required to mirror adjacent development (which is 25 feet). Proposed building setbacks have been increased along the south property line adjacent to Pine Pointe Villas, ranging from 53 feet to 65 feet, more than double the setback of adjacent development. Amenities: Usable open space of 200 square feet per unit is required to be provided in the IPUD zoning district, and the site plan exceeds this requirement by 720 square feet. The site plan proposes two (2) usable open space areas for residents and their guests. These amenity areas include recreational open green areas, a tot-lot, benches, trash cans, BBQ grills, and a pavilion for a community meeting area. In other areas on site there are also three (3) covered bike racks, a mail kiosk, and additional benches proposed. An easement for a possible future Palm Tran bus stop is also proposed adjacent to the North Seacrest Boulevard right-of-way. Design: The proposed buildings have a Key West design featuring smooth and lapped stucco walls with a pastel color palette. Horizontal and vertical articulation is maximized by varying roof lines and building off-sets. Impact windows and doors are proposed, and decorative features include aluminum awnings and balcony railings. Sustainable elements are proposed throughout the development including paving and roofing materials with a preferred solar reflective index; light building colors to reflect heat and reduce cooling costs; awnings to minimize glare; energy efficient lighting and air conditioning; and electric car charging stations. Landscaping: A variety of plant species is proposed including trees, palm trees, accent and shrubs, and groundcover plants. All plant materials to be used in the landscape design are required to be Florida friendly, number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. 5 Page 636 of 817 Page 6 Miraflor Apartments MSPM 19-008 The proposed tree species would include the following: Red Maple, Gumbo Limbo, Orange Geiger, East Palatka Holly, Southern Magnolia, Southern Live Oak, Bald Cypress, and Florida Royal Palms. A total of 78 buffer trees are required, and 113 buffer trees are provided. Each proposed apartment building has foundation landscaping consisting of trees and shrubs surrounding each side. Parking areas also include landscape islands, and tree shaded areas are proposed in the usable open space areas that include a tot lot and BBQ area. A total of five percent (5%) of shrubs and groundcover are required to be butterfly attracting. Proposed butterfly garden plants include Butterfly Bush, Native Porter, Butterfly Milkweed, Dwarf Evergreen Day Lily, Pink Muhly, and Purple Pentas, and range from 5.6% of shrubs and 6.3% of groundcover plants proposed. Lighting: The design, style, and illumination level is compatible with the building design (height) and considers safety, function, and aesthetic value. Photometric plans include 16 aluminum light poles with a maximum height of 18 feet. There are no spot readings in excess of the maximum of 5.9, with an average reading of 0.02 at the property lines. As required, the on-site illumination would be directed down and not "spill over" onto adjacent properties and rights-of-way. Signage: A site sign is proposed along North Seacrest Boulevard, setback a minimum of ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Sustainability: Planned Unit residential development with more than 50 units must achieve a minimum of 25 sustainabilty points. The development proposes to satisfy this requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy -Paving material with Solar Reflective Index SRI of 29 4 All air conditioners are Energy Star qualified, minimum SEER 16 2 Roofing material that has a SRI > 75 for low sloped roofs for a minimum of 75% of the roof surface 2 White or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs 2 Shade structures such as awnings, screens, louvers over windows/doors to minimize glare, solar heat gain 6 6 Page 637 of 817 Page 7 Miraflor Apartments MSPM 19-008 Energy efficient lighting such as LED for building interiors for 100% of proposed lighting 1 Transportation A total of 6 electric car charging stations (4 more than the minimum required number) 4 Urban Nature Only native or Florida Friendly plant species 4 Total Points 25 Based on the elements above, the criteria for sustainable development will be met for the proposed development. Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — 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. 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P �mgm EYr.> a0 M a i zm em8 Sfrg b } " - nu : •W9 tl K�• SN e� p`g�R =z s 8 i Aa 1 1.1 H as off{01-0202—90 Wx. 531—01113311013 1111 0 N Vu?N6 r;i�U N� �Q oO ®w r_nuyo o-��¢ �e -✓. 0 3 � w r #L = _ a c r � l a 5 r� e i e ; e za C1 .s S k ' v 2 s{ x s Pg off{0L-0302 M3 90— S—V 01113311013 1-011 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: Miraflor Apartments File number: MSPM 19-008 Reference: 31d review plans identified as a Maior Site Plan Modification with a February 11, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. An approved addressing plan is required prior to Site Plan Approval. No permits shall be issued for construction of this project until the applicant submits the required addressing plan and it is approved by the City's addressing committee. 2. The existing sound wall on Interstate 95 does not extend the full length of the west property line of the subject property. Engineering recommends extending the FDOT sound wall to the limits of the north property line, either at the developer's expense or by petitioning FDOT to install the sound wall. FIRE Comments: None, all previous comments addressed at DART Meeting. POLICE Comments: None, all previous comments addressed at DART Meeting. BUILDING DIVISION 3. The Fair Housing Guidelines shall be required for this project. 4. The front entry to all ground floor units shall show a threshold of 1.5 feet. 5. All other previous comments shall be addressed at time of permitting. PARKS AND RECREATION Comments: None Page 685 of 817 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 7. Approval of this project is contingent upon the approval of the accompanying request for land use amendment/rezoning (LUAR 19- 005). If the LUAR request is not approved, the site plan will be required to be revised prior to permitting to comply with the maximum density of 11 dwelling units per acre allowed in the current R-3 zoning district. 8. A Master Plan and Site Plan is required for an IPUD. If the project will be developed in one phase the site plan may be labeled as Master Plan/Site Plan. At time of permitting, update the title block and drawing index on cover sheet accordingly. 9. At time of permitting, submit a plan which delineates the limits of the cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 10. The subject site is located along a Palm Tran bus route and a proposed bus stop is labeled on the site plan along Seacrest Boulevard within the Palm Tran easement. Staff recommends installing an upgraded bus shelter. Coordinate the design with Palm Tran. At time of permitting provide an elevation and detail of the proposed upgraded bus shelter on the plans. 11. At time of permitting, revise plans to include a detail of the proposed private lift station with an opaque enclosure at the entrance to the apartment development. Include colors and materials of enclosure and include an opaque fencing and gate to screen. 12. At time of permitting, revise plans to include details of all proposed signage on site (monument sign and unit signs), including dimensions, square footage, font, colors, and materials. The Page 686 of 817 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT monument sign structure must be located at least 10 feet from property lines and shall not be internally illuminated. 13. At time of permitting further revise elevations to enhance facades for buildings that are directly visible from abutting roadways and adjacent development by adding a decorative medallion on lapped stucco walls (Buildings 1 and 3 south elevations; Building 4 east elevation; and Building 5 north and south elevations). 14. At time of permitting revise plans to include fence and gate details that comply with the requirements of Ch. 4, Art. III. Sec. 10.A. of the LDR. 15. At time of permitting, revise photometrics plans to clearly Indicate light fixtures will provide lighting in the warm white range of 2000 to 3000k. 16. At time of permitting revise photometrics plans to provide wall mounted lighting at building and apartment entries, including details of lighting fixtures and revised spot readings. 17. Revise plant list to include the following requirements: a minimum 4- inch tree caliper for all required trees (except for signature trees); a minimum of 6 different canopy tree species, clusters of 3 Sabal Palms count as one (1) canopy tree; shrubs to be a minimum of 24" in height and spread. 18. At time of permitting, revise landscape plan to comply with FPL Right Tree/Right Place requirements for all trees located in or adjacent to utility easements. 19. At time of permitting revise landscape plan to provide on all large landscape islands a large canopy tree, not palms, and to provide required City signature trees on each side of entrance drive. 20. The foundation trees required around each apartment building are required to be installed at one-half the height of the building. Indicate foundation landscaping (trees and shrubs) on landscape plan and note on plant list the number of trees that comply with this requirement. Update typical building landscape plans and plant lists accordingly, and provide a detailed building elevation or rendering with the landscaping depicted at time of planting. 21. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. Revise landscape plan to note proposed method of irrigation and location of well if proposed. Page 687 of 817 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 22. At time of permitting, revise plans to provide additional recreation amenities for the older children residing on the premises, such as a basketball court or similar. 23. At time of permitting, revise landscape plans to include required foundation trees that are one-half the height of the building to soften and screen building facades, and revise hedge material along south property line to native Red-Tip Cocoplum or Sweet Viburnum with lower watering needs. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Miraflor Apartments\MSPM 19-008\Exhibit C-Conditions of Approval.doc Page 688 of 817 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Miraflor Apartments (MSPM 19-008) APPLICANT: Randall K. Rush, Seacrest Properties, LLC APPLICANT'S ADDRESS: 57420 County Road 3, Elkhart, IN 46517 DATES OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2020 APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres zoned IPUD. LOCATION OF PROPERTY: West side of North Seacrest Blvd. across from Mentone 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 "C" 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\Miraflor Apartments 2019\MSPM19-008\DO.doc Page 689 of 817 8.E. PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Proposed Ordinance 20-016 - Second Reading - Discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. Explanation of Request: At the November 7, 2017 Commission Meeting, there was Commission consensus to have a universal December reappointment with alternating two-year terms for advisory board members. After the meeting, this was changed in practice, but the change has not yet been codified. How will this affect city programs or services? Fiscal Impact: N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving amendments to Advisory Boards and Committees D Minutes Excert of Minutes from 11-7-2017 Commission Meeting D Attachment List of all Boards and members (redacted) Page 690 of 817 1 2 ORDINANCE NO. 20- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING AND DELETING VARIOUS ARTICLES AND SECTIONS 6 OF PART II AND PART III OF THE CODE OF ORDINANCES; 7 PROVIDING FOR THE CREATION OF CHAPTER 27, "ADVISORY 8 BOARDS AND COMMITTEES"; PROVIDING A COMPREHENSIVE 9 UPDATE TO CITY RULES GOVERNING ADVISORY BOARDS AND 10 COMMITTEES; PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, City of Boynton Beach ("City") staff has been reviewing existing code 14 language to assure that the rules and requirements pertaining to City Advisory Boards and 15 Committees, are clear and consistent throughout the Code of Ordinances; and 16 WHEREAS,to promote a higher degree of organization,the Commission supports the 17 elimination of redundancies related to the governance and duties of City Advisory Boards and 18 Committees be eliminated; and 19 WHEREAS, the Commission has determined it is in the City's best interest to 20 reorganize existing provisions related to governance,membership, and duties of City Advisory 21 Boards and Committees by codifying such provisions into one single chapter of the Code of 22 Ordinances; and 23 WHEREAS, the Commission has determined it is in the City's best interest to create 24 an absence policy for City Advisory Boards and Committees; and 25 WHEREAS, the Commission has determined it is in the City's best interest to create 26 a policy related to concurrent service on City Boards and Committees; and 27 WHEREAS,the City Commission deems it to be in the best interest of the citizens and 28 residents of the City to create Chapter 27, Advisory Boards and Committees, as hereinafter 29 referenced. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, THAT: 32 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 33 herein by this reference. 34 Section 2. Part 11, Chapter Two, "Administration", Article I, "In General", Section 35 2-16, "City Boards and Commissions: Minimum Qualifications for Appointment and {00351419.9 306-90018211 I Page 691 of 817 36 Membership", Section 2-17, "City Boards Appointment of Alternate Members" and Section 37 2-20, "Quasi-judicial proceedings before city commission or city board; procedure for 38 reconsideration of decision", of the City's Code of Ordinances are hereby deleted in their 39 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 40 Section 3. Part II, Chapter Two, "Administration", Article IV, Section. 2-60. 41 "Commissions, boards, etc., independent of city commission to follow article" is hereby 42 deleted in its entirety and replaced by Chapter 27, "Advisory Boards and Committees." 43 Section 4. Part II, Chapter Two, "Administration", Article VII, "Education and 44 Youth Advisory Board", Sections 2-116-123, and Article VIII, "Education Advisory Board", 45 Sections 2-126-132, of the City's Code of Ordinances are hereby deleted in their entirety and 46 replaced by Chapter 27, "Advisory Boards and Committees." 47 Section 5. Part II, Chapter Two, "Administration", Article IX, "Senior Advisory 48 Board", Sections 2-141-147, of the City's Code of Ordinances are hereby deleted in their 49 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 50 Section 6. Part II, Chapter Twelve, "Libraries", Sections 12-1-6, of the City's 51 Code of Ordinances are hereby deleted in their entirety and replaced by Chapter 27, "Advisory 52 Boards and Committees." 53 Section 7. Part II,Chapter Sixteen,"Parks and Recreation",Article I,"In General", 54 Sections 16-1-5, of the City's Code of Ordinances are hereby deleted and replaced in their 55 entirety by Chapter 27, "Advisory Boards and Committees." 56 Section 8. Part III, Chapter 1, "General Administration", Article VII, 57 "Administrative and Decision Making Bodies", Section 3, "Planning and Development 58 Board", Section 4, "Historic Resources Preservation Board", and Section 5 "City 59 Commission", of the City's Land Development Regulations are hereby deleted in their entirety 60 and replaced by Chapter 27, "Advisory Boards and Committees." 61 Section 9. Part III Land Development, Chapter 1, "General Administration", 62 Article VIII, "Appeals" of the City's Land Development Regulations is hereby deleted in its 63 entirety and replaced by Chapter 27, "Advisory Boards and Committees." 64 Section 10. Chapter 27, "Advisory Boards and Committees", is hereby created, 65 which shall read as set forth in Exhibit A. {00351419.9 306-90018211 2 Page 692 of 817 66 Section 11. Each and every other provision of the Code of Ordinances of the City 67 of Boynton Beach not herein specifically amended shall remain in full force and effect as 68 previously enacted. 69 Section 12. All ordinances or parts of ordinances in conflict herewith be and the 70 same are hereby repealed. 71 Section 13. Should any section or provision of this ordinance or portion hereof, any 72 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 73 such decision shall not affect the remainder of this ordinance. 74 Section 14. Authority is hereby granted to codify said ordinance. 75 Section 15. This ordinance shall become effective immediately upon passage. 76 Section 16. All matters pending before the City boards or committees at the time of 77 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 78 the respective board or committee. 79 FIRST READING this day of 2020. 80 81 SECOND, FINAL READING AND PASSAGE this day of , 2020. 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 85 YES NO 86 Mayor— Steven B. Grant 87 88 Vice Mayor— Ty Penserga 89 90 Commissioner—Justin Katz 91 92 Commissioner—Woodrow L. Hay 93 94 Commissioner—Christina L. Romelus 95 96 ATTEST: VOTE 97 98 99 Crystal Gibson, MMC 100 City Clerk 101 102 (Corporate Seal) {00351419.9 306-90018211 3 Page 693 of 817 103 EXHIBIT A 104 CHAPTER 27 105 ARTICLE L IN GENERAL 106 107 Sec. 27-1. City boards and committees defined; generally. 108 1. "Board", shall refer to a group of individuals appointed by the City Commission for the 109 purpose of providing advisory assistance to the Commission. No board shall have 110 administrative authority over any department of the City. 111 2. "Committee" shall refer to a group of individuals appointed by the City Commission to 112 provide advisory authority on a single subject or issue matter. The City Commission may 113 establish a sunset date for each Committee. Terms "board" or "committee" may be used 114 interchangeably herein. 115 3. The provisions of Chapter 27,Article I, shall apply generally to all City advisory boards and 116 committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton 117 Beach Code of Ordinances. 118 4. Retroactive Effect. To the extent permitted by law, all of the provisions within Chapter 27, 119 shall apply to acts and actions occurring or in progress prior to its adoption by the City 120 Commission. All matters pending before the City boards and committees at the time of 121 effective date of this Ordinance shall continue unabated and be taken up as scheduled before 122 the respective board and committee. 123 124 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 125 1. No person shall be appointed to a City advisory board or committee without the person first 126 submitting an application for appointment. All applications for appointment to a City board 127 shall be on a form authorized by the City Commission. The City Clerk shall review all 128 applications for completeness and qualifying requirements prior to submitting them to the City 129 Commission for consideration. 130 2. Selection of Chair and Vice-Chair. The chairperson and vice-chairperson for each board 131 shall be selected by majority vote of the City Commission. Neither the chair nor the vice-chair 132 have fixed terms. The Chair and Vice-Chair shall be annually reappointed. The duties of the 133 chair shall be to preside at all board meetings. The vice-chair shall perform the duties of the 134 chair in the chair's absence. {00351419.9 306-90018211 4 Page 694 of 817 135 3. Alternates. The City Commission shall appoint (2) two individuals to serve as alternate 136 members for each board. Alternate members may participate at board meetings in the place of 137 absent board members or recused members, to the same extent as regular members. In the 138 event a vacancy occurs on a board, the alternate shall assume the role of a regular board 139 member for the remainder of the abandoned term or until the City Commission appoints a 140 replacement regular member, whichever occurs first. 141 a. The term for alternate members shall be for one (1)year. 142 b. Alternate member appointees may be reappointed. 143 c. Notwithstanding any other provision of City code or procedural rule, no alternate 144 member of any City board may serve in the capacity of Chairperson,Vice Chair, or 145 Chair Pro-Tem. 146 4. Organization. Generally, City advisory boards and committees shall be composed of seven 147 (7)regular members and two (2) alternate members, except as may be provided for by Florida 148 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of 149 Ordinances of the City of Boynton Beach. 150 5. Quorum. Four(4)members shall constitute a quorum for each advisory board and committee 151 with seven (7) regular members. Where an advisory board or committee has less than seven 152 (7)regular members, a simple majority of regular members shall constitute a quorum. 153 6. Qualifications. Members serving on advisory boards and committees shall possess sufficient 154 knowledge, experience,judgment or background necessary to competently serve the board or 155 committee to which they are appointed. 156 (a) In order to qualify for appointment to and to serve as a member of any board or 157 committee of the City, an individual must be an elector of Palm Beach County, 158 Florida. 159 (b) In selecting individuals to serve on boards and committees of the City, preference 160 shall be given to individuals who are residents of the City of Boynton Beach, 161 provided however, non-residents who own property in the City, own a business 162 within the City, or serve as an officer, Director or manager of a business located 163 within the City may also qualify for appointment provided they possess 164 qualifications or experience uniquely suited to deal with the subject matter over 165 which the board or committee has subject matter review or power. {00351419.9 306-90018211 5 Page 695 of 817 166 (c) In selecting individuals to serve on boards and committees of the City, preference 167 shall be given to individuals who do not presently serve on one of the City's boards. 168 (d) Concurrent service on City boards and committees shall be permitted only to the 169 extent necessary. If a board member holds a position on a board that conducts 170 "quasi-judicial proceedings" as defined by Section 27-8 herein, such member shall 171 not concurrently serve on another advisory board that has similar quasi judicial 172 powers. 173 6. Term of Service. In general, all regular member appointments shall be for a two-year period. 174 (a) Commencement of Terms. All advisory board and committee appointments shall 175 commence at 12:01 a.m. on April 1 and shall be for a period of two (2)years. 176 (b) Expiration of Terms. All advisory board appointments shall expire at 12:00 177 midnight on March 30th of their second year of appointment, except as set forth in 178 Section 27-5 herein. The City Commission shall review applicants and fill 179 vacancies on City boards during the month of April following the City's March 180 Commission elections or as soon thereafter as practicable. 181 (c) The terms of office of the board members shall be staggered so no more than one- 182 third of the board is appointed or replaced in any 12-month period. 183 (d) The current term of all board members whom have been appointed prior to the 184 adoption of Chapter 27 shall continue uninterrupted until the expiration of said 185 term. 186 7. Term Limits. 187 (e) No member shall be appointed for more than two (2) successive terms (original 188 term, plus on additional term). A member who has been appointed to fill an 189 unexpired term shall remain eligible to serve two(2)full two-year successive terms. 190 (f) Upon completion of the maximum allowable two (2) full terms of membership, no 191 member shall be eligible for reappointment to the same advisory board, and 192 committee for a period of one (1) year unless otherwise approved by the 193 Commission. 194 8. Reorganization. In the case of creation of a new board or committee or the reorganization 195 or reconstitution of an advisory board or committee, three (3) members shall be appointed for 196 an initial term of one year,with the balance of the members being appointed for an initial term 197 of two (2)years. Thereafter, all appointments shall be for two (2)years. {00351419.9 306-90018211 6 Page 696 of 817 198 199 Sec.27-3. Frequency of meetings 200 Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet 201 once a month. Special meetings may be called by the City Manager or board chairman. 202 203 Sec. 27-4. Absences. 204 1. When a member of any advisory board or committee that has regularly scheduled meetings 205 once a month, has missed three (3) regular monthly meetings for any reason within one (1) 206 annual board term, that member will be notified that one (1) additional absence will cause 207 his/her board membership to be terminated. Therefore, the fourth absence shall result in 208 removal from the board. 209 (a) Those boards or committees that have regularly scheduled meetings more than once 210 a month shall be permitted to have six(6)absences during any one(1) annual board 211 term. The seventh absence shall result in removal from the board by ministerial 212 action of the City Clerk. 213 2.Excused Absences. A board member,to whom which any of the below mentioned instances 214 apply, shall submit in writing to the board Chairman, a request for an excused absence or 215 absences. The board Chairman shall have the power to excuse an absent board member. In the 216 event the board Chairman has excused the absence of one of the board members, the decision 217 must be mentioned on the record at the applicable meeting. 218 (a) An absence may be excused due to one of the following: 219 i. Personal illness or injury; 220 ii. Illness or injury of a family member; 221 iii. Death in the family; 222 iv. Emergency; 223 V. Maternity leave; or, 224 vi. Military service. 225 226 Sec. 27-5. Removal; abandonment; vacancy. 227 1. All City board members serve at the pleasure of the City Commission and may be removed 228 with or without cause at any time by a majority vote of the City Commission,unless otherwise 229 provided by the Charter or Florida Statutes. {00351419.9 306-90018211 7 Page 697 of 817 230 2. Notice ofRemoval. A notice of removal shall be served upon the City board member who 231 has been removed upon the direction of a majority of the City Commission. The notice of 232 removal shall be prepared by the City Attorney and signed by the Mayor, or the City Manager 233 if so directed by the City Commission. 234 (a) Service ofNotice. The notice of removal shall be served by personal delivery or by 235 ordinary first class mail. Service shall be accomplished as soon as is practicable 236 after the City Commission directs service of the notice of removal or, in the event 237 of Abandonment of Office, after the City Manager or designee issues the notice of 238 removal. 239 (b) Effective Date ofRemovals. Removal of a City board member shall have immediate 240 effect upon the vote of a majority of the City Commission. 241 (c) A person who is removed from a City board pursuant to the procedures set forth 242 in this section shall not be subject to reappointment to any City board for a period 243 of thirty-six (36) months. 244 3.Abandonment. In the event of Abandonment of Office, the notice of removal shall 245 automatically be issued by the City Manager, or designee. Seven unexcused absences shall 246 constitute abandonment of a board seat. 247 4. Vacancy. The City Commission shall fill any vacancy. Where a vacancy is caused by the 248 resignation or removal of a member prior to the expiration of their term, a member shall be 249 appointed to complete the unexpired term only, unless the unexpired term is for a period of 250 time less than six (6) months. In that event the appointed member shall then be allowed to 251 serve the following full regular term without reappointment. 252 253 Sec. 27-6. Rules and Procedures. 254 1. Each board or committee may make and adopt by-laws, rules and regulations for their own 255 guidance and for the government and performance of its duties. Subject to the approval, 256 supervision and control of the City Commission and not inconsistent with law. 257 2. Boards shall keep minutes of its proceedings; record the vote on each question; and, keep 258 records of its discussions, recommendations, and other official actions. 259 3. When a board issues an order, the order must be reviewed by the City Attorney's Office 260 prior to issuance. An Order is rendered when signed by the chair and City Clerk. 261 4. All board meetings shall be open to the public. {00351419.9 306-90018211 g Page 698 of 817 262 263 Sec. 27-7. Powers. 264 1. Nothing in this article shall be construed as restricting or curtailing any of the powers of the 265 City Commission,or as a delegation to the board of any of the authority or discretionary powers 266 vested and imposed by law in the City Commission. The City Commission declares that public 267 interest, convenience and welfare requires the appointment of the following boards or 268 committees to act in a purely advisory capacity to the City Commission for the purposes set 269 forth in this article. Any powers delegated here to the board to adopt rules and regulations shall 270 not be construed as a delegation of legislative authority,but purely of administrative authority. 271 (a) Compensation. No member of a board or committee shall receive any pay or 272 compensation for any services rendered as a member of such board. 273 2. Each board shall periodically advise the City Commission of its findings with respect to 274 certain matters delegated to each board and shall make recommendations to the City 275 Commission on any matter referred to it within thirty (30) days or within such time as 276 prescribed by the City Commission by specific resolution. 277 278 Sec. 27-8. Quasi-judicial proceedings before city board; procedure for 279 reconsideration of decision. 280 1. For the purpose of this Chapter, the term "quasi-judicial proceeding" shall mean hearings 281 before the Historic Preservation Board, the Planning Development Board, or the Building 282 Board of Adjustments and Appeals, related to the following specific types of proceedings: 283 variances; rezoning requests; appeals from administrative decisions of the building official or 284 the planning director; master plan approvals; site plan approvals; modifications of site plans; 285 relief from code requirements; conditional use approvals; site plan extensions; abandonment 286 applications; and, other land development matters announced as quasi-judicial hearings. 287 2. Quasi-judicial hearings shall be conducted in a manner which provides all interested parties 288 with the opportunity to testify, call witnesses, introduce evidence and cross-examine 289 witnesses. Testimony shall be under oath or affirmation. When a proposed development order 290 comes before the City Commission having first been afforded a quasi-judicial hearing before 291 a city board,the testimony and evidence submitted to a city board constitutes part of the record 292 of testimony and evidence before the City Commission. {00351419.9 306-90018211 9 Page 699 of 817 293 3. No quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in 294 affidavit form, has been filed with the office of the City Clerk. Proof of notice must include 295 the name and address of each property owner to whom notice was mailed and a photograph of 296 each sign posted, as hereinafter required. The following notices must be paid for and provided 297 by the applicant: 298 (a) All property owners, homeowner associations, and condominium associations that 299 own property within four hundred (400) feet of the boundary line of the property 300 which is the subject of the quasi-judicial hearing shall be mailed,by first class mail, 301 a notice of hearing postmarked no less than ten (10) calendar days prior to the 302 hearing. 303 (b) One (1) sign for each street frontage of the property shall be posted no less than ten 304 (10) days prior to the hearing. The sign shall be legible from a distance of one 305 hundred(100)feet and shall contain a description of the approval being sought,the 306 date, time and location of the hearing, and a statement that the application being 307 considered is available for inspection in the Development Department of the city. 308 (c) When a quasi-judicial hearing is tabled or continued at the request of an applicant, 309 re-notice of the hearing shall be provided by the applicant in the same manner as 310 original notice. 311 4. The City Commission may reconsider its decision arising from a quasi-judicial proceeding 312 only upon a motion to reconsider made at the meeting at which the decision was rendered or 313 during the next regular City Commission meeting. No quasi-judicial decision shall be 314 considered final until the conclusion of the next City Commission meeting, or if a motion to 315 reconsider has been made and passes, the conclusion of the reconsideration of the matter, and 316 the entry of a written order approved by the City Attorney and signed by the City Clerk. 317 (a) When a motion for reconsideration is made and approved at the Commission 318 meeting at which the decision was rendered, the Commission may immediately 319 reconsider the matter before them or,the Commission may reconsider the matter at 320 a later time certain which shall be announced, at the meeting, to the applicant and 321 the public. No additional notice of the matter shall be necessary. 322 (a) When a motion for reconsideration is made following the close of the Commission 323 meeting at which the decision is made, only the motion to reconsider shall be heard 324 at the next regular City Commission meeting. If the motion to reconsider is adopted {00351419.9 306-90018211 10 Page 700 of 817 325 by the Commission,the matter which is the subject of the motion to reconsider shall 326 be placed on the next regular City Commission meeting agenda. The agenda item 327 shall be noticed in the same manner as the notice provided when the item was 328 originally considered. 329 (b) Any board may reconsider its decision arising from a quasi-judicial proceeding only 330 upon a motion to reconsider at the meeting at which the decision was rendered. 331 332 333 Sec. 27-9. Boards and committees to follow CCNA. 334 Any city boards or committees and the like which have purchasing authority independent of 335 the City Commission, the purchases of such bodies which are subject to the Consultants' 336 Competitive Negotiation Act("CCNA") shall be processed in accordance herewith; however, 337 the board or committee, or the like will itself perform the functions set forth herein that are 338 otherwise applicable to the City Commission. 339 340 Sec. 27-10-27-19. Reserved. 341 342 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD 343 Sec. 27-20. Membership. 344 Appointees to the Art Advisory Board shall be residents or business owners preferably 345 with the following background: artist, art volunteer/activist; planner; private developer; 346 architect; neighborhood association member; interested citizen. 347 348 Sec. 27-21. Intent. 349 1. It is the intent and purpose of this article to further the commitment of the city to the 350 aesthetic, historical, cultural and economic enrichment of the community through the creation 351 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and 352 appreciate works of art. The requirements of this article shall be construed to promote the 353 aesthetic values of the entire community and to encourage the preservation and protection of 354 works of art. 355 2. This article shall be known and cited as the "Art in Public Places Program." {00351419.9 306-90018211 II Page 701 of 817 356 3. Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all art 357 acquired through expending funds in the Public Art Fund shall be owned by the city according 358 to the Art Advisory Board's Recommendations and Guidelines. 359 360 Sec. 21-22.Definitions. 361 1. For the purposes of this section, the following words and phrases shall have the following 362 meanings: 363 (a) "Artist" or "Professional Artist" means a practitioner in the visual arts, generally 364 recognized by critics and peers as a professional of serious intent and ability. 365 Indications of a person's status as a professional artist include, but are not limited 366 to, income realized through the sole commission of artwork, frequent or consistent 367 art exhibitions, placement of artwork in public institutions or museums, receipt of 368 honors and awards, and training in the arts. 369 (b) "Art", "Artwork", or"Works of Art" means tangible creations by artists exhibiting 370 the highest quality of skill and aesthetic principles and includes all forms of the 371 visual arts conceived in any medium, material, or combination thereof, including, 372 but not limited to,paintings,sculptures,engravings,carvings,frescos, stained glass, 373 mosaics, mobiles, tapestries, murals, photographs, video projections, digital 374 images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments 375 erected to commemorate a person or an event, functional furnishings, such as artist 376 designed seating and pavers, unique or original architectural elements, and artist 377 designed landforms or landscape elements. The following shall not be considered 378 artwork or works of art for purposes of this article: 379 i. Reproductions or unlimited copies of original artwork. 380 ii. Art objects, which are mass-produced. 381 iii. Works that are decorative, ornamental, or functional elements of the 382 architecture or landscape design, except when commissioned from an artist 383 or designed as an integral aspect of a structure or site. 384 (c) `Building" means any structure that encloses space and is used or built for the 385 shelter or enclosure of persons, businesses, chattel or property. 386 (d) "Development" means any construction, or redevelopment, or structural alteration 387 of any private or public building within the limits of the city. {00351419.9 306-90018211 12 Page 702 of 817 388 (e) "Arts Commission" or"Art Advisory Board" means the advisory board established 389 by the City Commission pursuant to Ordinance 01-64, renamed to Arts Advisory 390 Board in Ordinance 2020-XX. 391 (f) "Public Art Fund" means a separate, interest bearing account set up by the city to 392 receive monies for the Art in Public Places Program. 393 (g) `Remodeling or conversion" means alterations made to a building within any 394 twelve month period, including, but not limited to, changes to the facade of a 395 building, changes to the interior of a building, increases or decreases in the floor 396 area of a building and changes to exterior improvements. 397 (h) "In-fill Housing" means new residential units on parcels less than five (5) acres 398 that are not part of an approved planned unit development as defined by the city 399 land development regulations. 400 401 Sec. 27-23. Art Advisory Board Meetings. 402 1. The Art Advisory Board shall meet at an appropriate place and shall arrange a time for 403 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be 404 necessary, and it may add to such rules of organization, regulation and procedure as it may 405 deem necessary and determine the duties of its members and officers. 406 2. The Boynton Beach Art Advisory Board shall function and operate as outlined in the City 407 of Boynton Beach's Ordinance No. 01-64. 408 409 Sec. 28-24 Purpose and Duties. 410 1. The purpose of the Art Advisory Board is to advise the City Commission on matters related 411 to the arts, to develop a plan and programs to promote and support art in public places, and to 412 recommend guidelines and funding for implementation. It shall be the duty of the Art Advisory 413 Board to act as an advisory board to the City Commission in providing advice on matters 414 relating to the visual arts. 415 2. The Art Advisory Board may recommend funding sources including private sources and 416 grant funds; encourage public and private partnerships in the arts; review and make 417 recommendations on proposals for art work for public buildings and public spaces; encourage 418 the flow of art into the City; stimulate art related activities and events; study issues related to 419 art and implement art programs as delegated to it by the City's Commission from time to time. {00351419.9 306-90018211 13 Page 703 of 817 420 3. The Art Advisory Board shall periodically advise the City Commission of its findings or 421 proposals with respect to the foregoing issues and make recommendations to the City 422 Commission on any matter referred to it within as much time prescribed by the City 423 Commission. 424 4. The Art Advisory Board shall have the following additional powers and duties: 425 (a) Recommend to the City Commission adoption of Art in Public Places Program 426 Guidelines and amendments thereto; 427 (b) Recommend to the City Commission adoption of a Public Art Master Plan 428 identifying locations for public artworks and establishing a priority order; 429 (c) Recommend to the City Commission authorization of expenditures for maintaining 430 and implementing the Art in Public Places Program; 431 (d) Recommend to the City Commission other expenditures of the Public Art Fund 432 such as hiring staff and services to run the Art in Public Places Program; 433 (e) Exercise their authority to approve, approve with conditions or disapprove 434 proposed installation of artwork based on Art in Public Places Program Guidelines; 435 and 436 (f) Advance, through education and communication,the Art in Public Places Program 437 Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit"A". 438 439 Sec. 27-25. Establishment of public art fee. 440 1. All development, redevelopment, reconstruction or remodeling projects commenced after 441 the adoption of this article which have a construction value of $250,000.00 or greater, shall 442 participate in the Art in Public Places Program by paying a public art fee. For the purpose of 443 this section, a project will be considered "commenced" when an application for review is first 444 submitted to the city's Development Department. The public art fee shall be equal to one 445 percent(1%) of construction value of the project. The Building Division/Finance Department 446 shall administer the billing and collection of the thirty percent(30%)or(03)of the one percent 447 (1%)of the public art fee at the time of Building Permit issuance and the seventy percent(70%) 448 or (07) of the one percent (1%) prior to and as a condition of issuance of the certificate of 449 occupancy that includes the public art. One hundred percent (100%) of the public art fees 450 collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund 451 require the recommendation of the Art Advisory Board prior to City Commission approval. {00351419.9 306-90018211 14 Page 704 of 817 452 2. The following types of projects are exempt from the payment of the public art fee: 453 (a) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 454 earthquake or other calamity determined by the City of Boynton Beach Building 455 Official. 456 (b) The percent of the project dedicated to affordable housing as defined by the City of 457 Boynton Beach. 458 (c) All projects which were submitted prior to or on October 5, 2005,notwithstanding any 459 subsequent request for site plan extension. 460 (d) Single-family and two-family in-fill housing. 461 (e) Normal, routine maintenance including replacement of existing damaged or failing 462 structural or non-structural elements, HVAC, plumbing, electric, or fire 463 detection/suppression equipment of a project not associated with an addition, 464 renovation or new construction. 465 (f) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 466 existing amenity, clubhouse, building, pool, park, playground and/or common area 467 element located within an existing private residential development. This specific 468 exemption applies retroactively to October 5, 2005. 469 3. Project owners required to participate in the Art in Public Places Program may obtain 470 reimbursement up to seventy percent(70%) of collected art fee if the following conditions are 471 met: 472 (a) The owner of a development agrees to follow the Art Advisory Board's 473 recommendations to develop the art in the project; and 474 (b) Prior to placement on the development site, has the artwork approved by the Art 475 Advisory Board to insure that the artwork will be accessible and readily visible to the 476 public based on location of artwork and normal traffic of vehicles/pedestrians in the 477 proposed location; and 478 (c) Select an artist directly to execute a project that meets specific criteria outlined by the 479 recommendations and guidelines document provided by the Art Advisory Board or 480 hire a professional consultant to select artists to commission site- specific, 481 architecturally integrated artworks that meet specific art guidelines criteria outlined by 482 the recommendations and guidelines document provided by the Art Advisory Board; 483 or purchase artworks for permanent installation recommended by the Art Advisory {00351419.9 306-90018211 15 Page 705 of 817 484 Board; or elect to purchase an existing artwork or commission an original artwork for 485 donation as a gift to the City of Boynton Beach's public art collection. 486 487 Sec. 27-26. Public Art Fund. 488 1. There is hereby created a Public Art Fund administered by the Art Advisory Board. 489 Funding shall consist of all contributions received from art fees for development and 490 redevelopment. Contributions shall include one percent (1%) of construction value on 491 projects exceeding $250,000.00, any cash grants and donations to the city for public art 492 projects from governmental or private resources, and all other funds allocated by the city 493 through the budgetary process for the provision of public art. 494 2. Expenditures from the Public Art Fund shall include but not be limited to expenses 495 associated with the selection, commissioning, acquisition, transportation, maintenance, 496 public education,promotion, administration,program marketing, documentation, removal 497 and insurance of the works of art or in relation thereto. The Art Advisory Board can 498 recommend to the City Commission expenditures from the funds in furtherance of the Art 499 in Public Places Program. 500 3. Disbursements of the public art fee shall be seventy percent(70%) to the construction of 501 art in a given project and thirty percent (30%) for the administration of the Art in Public 502 Places Program and a(endowment or reserve fund) for future work as described in the Art 503 Advisory Board's Guidelines and Recommendations. 504 505 Sec. 27-27. Art Advisory Board's Guidelines and Recommendations. 506 1. The Art and Artist selection criteria shall be in compliance with the Art Advisory Board's 507 Guidelines and Recommendations. 508 2. Guidelines. The Art Advisory Board shall prepare and from time to time recommend to the 509 City Commission revisions to the Art in Public Places Program Guidelines and make the same 510 available to the public,which shall provide guidance for program organization; organizational 511 governance and staffing responsibilities; procedures for project planning; artist selection; art 512 selection criteria; art placement criteria; donations; loans and memorials; collection 513 management; and administration of the Public Art Fund. {00351419.9 306-90018211 16 Page 706 of 817 514 3.Location Plan. The Art Advisory Board shall prepare, and from time to time revise, a Art in 515 Public Places Program Location Plan that identifies locations and criteria for public artworks 516 and establishes a priority order. 517 518 Sec. 27-28-27-32. Reserved. 519 520 ARTICLE III. BOYNTON BEACH LIBRARY BOARD 521 Sec. 27-33. Purpose and Duties. 522 1. Subject to the control and direction of the City Commission, the Library Board: 523 (a) Shall act in an advisory capacity (non administrative) to the City Commission, to 524 assure representation of the ideas of citizens and taxpayers of the City relative to 525 the function and operation of municipal libraries and reading rooms in the City, and 526 such advisory assistance shall include, but not be limited to, recommendations 527 relative to control of expenditures of moneys collected or donated to the credit of 528 any municipal library in this City, and the supervision, care and custody of the 529 grounds, rooms, property and buildings constructed, leased or set aside for 530 municipal library purposes. 531 (b) Shall make recommendations for the appointment of a suitable librarian and 532 assistants and their respective rates of compensation; establish regulations for the 533 government and control of any municipal library as may be deemed necessary for 534 its preservation and to maintain its usefulness and efficiency; fix and impose by 535 general rules,penalties and forfeitures for failure to return any book or for violation 536 of any by-laws or regulations of the board. 537 (c) Shall annually in an advisory capacity assist the City manager in preparing a budget 538 for the maintenance and expansion of municipal library facilities. 539 (d) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the 540 activities of the board and the municipal library system and make reports to the City 541 Manager and the City Commission relative thereto annually or whenever requested 542 to do so by the Commission. 543 544 27-34-27-38. Reserved. 545 {00351419.9 306-90018211 17 Page 707 of 817 546 ARTICLE IV. PARKS AND RECREATION BOARD 547 27-39. Powers and duties. 548 1. Subjectto the control and direction of the City Commission,the Parks and Recreation Board: 549 (a) Shall act in an advisory capacity (non-administrative) to the Recreation and Parks 550 Department, to assure representation of ideas of citizens who are interested in 551 promoting better recreation and park facilities and programs for the City. Such 552 advice shall include but not be limited to site locations, development, supervision 553 and maintenance of public recreation and parks of the City. 554 (b) May acquire by gift or donation, any property for public recreation or park 555 purposes. Any gifts or donations acquired shall go through the Recreation and Parks 556 Department and shall become the property of the City, and title of any real property 557 so acquired shall be taken in the name of the City. 558 (c) Shall make recommendations to the City Manager and City Commission, through 559 the Recreation and Parks Director, concerning the purchase of property by the City 560 for public recreation and park purposes, concerning the establishment, 561 maintenance, and supervision of public recreation and parks, and concerning 562 expenditures of the recreational and park fund hereinafter established. 563 (d) Shall keep records and accounts of all the activities of the Board and make reports 564 through the Recreation and Parks Department to the City Commission and City 565 Manager whenever requested to do so. 566 (e) In exercising their powers and performing their duties as specified in this article, 567 the Board shall act through a majority of its members and the Chair of the Board is 568 requested to sign all papers and documents requiring the signature of the Recreation 569 and Parks Board. 570 571 Sec. 27-40-27-44. Reserved. 572 573 ARTICLE V. SENIOR ADVISORY BOARD 574 Sec. 27-45. Meetings. 575 The board shall meet quarterly on an"as needed" basis for the transaction of business. 576 Its meetings shall be open to the public. 577 {00351419.9 306-90018211 18 Page 708 of 817 578 Sec. 27-46. Purpose and Duties. 579 1. The Senior Advisory Board shall assist the elderly in: 580 (a) Setting up a retired senior volunteer program known as RSVP to provide services 581 for the homebound; 582 (b) Seeking federal and state grants to provide for services; 583 (c) Monitor and lobby for legislation regarding the elderly; 584 (d) Make arrangements for the medical mobile unit already in operation in Palm Beach 585 County to bring it to the City of Boynton Beach; 586 (e) Provide a pamphlet of available programs for seniors; 587 (f) Provide a speakers bureau, workshops and educational meetings on topics of 588 interest for seniors; 589 (g) Recommend free legal programs and banking services for the homebound; 590 (h) Provide recreation and social programs. 591 592 Sec. 27-47—27-51. Reserved. 593 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD 594 595 Sec. 27-52. Created. 596 The City Commission, in accordance with the powers vested in it, merged the Children 597 and Youth Advisory Boards and the Education Advisory Board and established the Education 598 and Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory 599 Board shall survive and be deemed merged and consolidated with the powers, duties and 600 responsibilities of the Children and Youth Advisory Board. All previous actions of the 601 Education Advisory Board shall survive this consolidation unless specifically revoked by the 602 Children and Youth Advisory Board. 603 604 Sec. 27-53. Organization. 605 The Children and Youth Advisory Board shall comprise seven (7) permanent members, 606 two (2) alternate members and three(3) student members. The three(3) student members shall 607 be appointed for aperiod of one (1)year. 608 609 Sec. 27-54. Purpose and Duties. {00351419.9 306-90018211 19 Page 709 of 817 610 1. The Education and Youth Advisory Board shall assist the City and local schools in: 611 (a) Development of programs that promote ongoing relationships with caring adults 612 and the recruitment of volunteers to assist students before, during and after school. 613 (b) Formulation of long and short range programming to benefit the children and youth 614 of the community by involving parents, the business community, civic and 615 neighborhood organizations, including volunteer recruiting for before and after 616 local school programs. 617 (c) Contact community groups and businesses within the geographical boundaries of 618 Boynton Beach for professional skills, materials, financial or education support for 619 the schools and with the purpose of implementing programs at local schools that 620 benefit students from Pre- K through grades 12 and vocational schools. 621 (d) Development of incentives and enhancements to encourage the development of safe 622 places, including improved playgrounds at or near local schools and structured 623 activities during non-school hours. 624 (e) Coordinating with City's parks and recreation department to improve playgrounds 625 at or near local schools. 626 (f) Identification and dissemination of information on local, county, state and federal 627 programs that provide beneficial services to children and their families. 628 (g) Developing strategies for communicating with the School Board of Palm Beach 629 County and its staff, advising the City Commission as to the activities of the School 630 Board, and other federal, state and local legislative bodies which affect the needs 631 of students, within the city. 632 i. Developing recommendations to the City Commission for forwarding to the 633 School Board of Palm Beach County regarding actions which may be taken 634 in support of schools in Boynton Beach and with respect to proposed 635 legislation at the state level. 636 (h) Development of child and youth advocacy programs. 637 (1) Developing public relations that highlight successful programs within the schools 638 to help improve their image in conjunction with local media. 639 (j) Coordinating with the local police department to improve safety for students before, 640 during and after school, and to promote and enhance the relationship between 641 children and local police. {00351419.9 306-90018211 20 Page 710 of 817 642 643 Sec. 27-55-27-59. Reserved. 644 645 ARTICLE VII. PLANNING& DEVELOPMENT BOARD 646 Sec. 27-60. Membership. 647 1. In appointing members to the Planning and Development Board,the City Commission shall 648 give preference, when possible, to resident professionals such as urban planners, developers, 649 realtors, and design professionals licensed in the disciplines of architecture, landscape 650 architecture, and civil engineering. 651 2. Should a member of the Planning and Development Board move outside the City limits,the 652 member shall become disqualified, and a new member shall be appointed by the City 653 Commission. 654 655 Sec. 27-61. Functions, Powers, and Duties. 656 1. The Planning and Development Board shall act in an advisory capacity to the City 657 Commission by conducting investigations and holding public hearings regarding the 658 following: 659 (a) Ordinances,regulations, and other proposals promoting orderly development along 660 lines indicated as desirable by the Comprehensive Plan; 661 (b) Proposed developments and determination of conformance to the principles and 662 requirements of the Comprehensive Plan and Land Development Regulations; 663 (c) Changes or amendments relating to the boundaries of the City, its zoning districts, 664 or future land use map classifications; 665 (d) Changes or amendments to the text of the Comprehensive Plan or Land 666 Development Regulations; 667 (e) Other duties which may be lawfully assigned to it, or which may have a bearing on 668 the preparation or accomplishment of the plan; 669 (f) Project designs, aesthetics, quality, and impact upon the value of property and the 670 physical environment of the City; and 671 (g) The promotion of sustainable development activities. 672 673 Sec. 27-62. Meetings. {00351419.9 306-90018211 21 Page 711 of 817 674 1. The Planning and Development Board shall meet on the fourth Tuesday of each month 675 unless otherwise rescheduled in connection with holidays, planned absences, or at other such 676 times as the chairperson may determine. 677 (a) On behalf of the board, the City Clerk shall keep minutes of its proceedings, 678 showing the vote of each member on each question, or if absent or abstaining, 679 indicating such fact. 680 (b) No member shall abstain from voting unless he or she has a conflict of interest 681 pursuant to the provisions contained herein or in accordance with F.S. Chapter 112. 682 (c) The records of the board shall be filed in the office of the City Clerk and shall be 683 public records. 684 685 Sec. 27-63. Review of Applications. 686 1. Staff shall review each of the following types of applications and requests and make a 687 recommendation to the Planning and Development Board, who shall have the authority and 688 duty to hear and make recommendations to the City Commission: 689 (a) annexation; 690 (b) Comprehensive Plan amendments; 691 (c) conditional use; rezoning; 692 (d) Master Plan (new); 693 (e) major Master Plan modification; 694 (f) Site Plan; 695 (g) Site Plan time extension; 696 (h) Major Site Plan modification; 697 (i) Vacation and abandonment; 698 0) Master Site Plan (new); 699 (k) Major Master Site Plan modification; 700 (1) Use approval; Waiver(in PID); 701 (m)Community Design Appeal; 702 (n) Height exception; 703 (o) Variance to Land Development Regulations; and, 704 (p) Wireless communication facilities (WCF). 705 {00351419.9 306-90018211 22 Page 712 of 817 706 Sec. 27-64. Action. 707 1. No action of the Planning and Development Board shall be considered a final action of the 708 City until ratified by the City Commission. The procedure for ratification shall be as follows: 709 (a) All matters which have been reviewed and acted on by the board shall be 710 summarized in writing as a proposed development order. The form of the 711 proposed development order shall be approved by the City Attorney. 712 (b) All proposed development orders shall be submitted to the City Commission at 713 a regular City Commission meeting following action by the board. When a 714 legislative item, such as a land use amendment, is consolidated with a quasi- 715 judicial item, such as a rezoning, both items shall proceed using the quasi- 716 judicial process, but consolidation shall not alter the legal standard for review, 717 or the burden of proof. 718 (c) The City Commission may table a proposed development order to ensure that 719 proper notice and opportunity to be heard is provided to the applicant, the 720 public, and any other interested parties. All documents and evidence that were 721 submitted to the Planning and Development Board constitute part of the record 722 of the proceeding before the City Commission and it is presumed that the City 723 Commission accepted and considered the documents and evidence in its 724 consideration of the issues before the Commission. 725 (d) Following approval of a development order by the City Commission, the City 726 Clerk shall date and sign the development order and issue it as a final order. 727 728 Sec.27-65. Terms and Definitions. 729 See Part I11, "Land Development Regulations", Chapter 1, "General Administration", Article 730 II, for all applicable terms and definitions which pertain to the regulations and standards 731 contained herein. 732 733 Sec. 27-66-27-70. Reserved. 734 735 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION BOARD 736 737 Sec. 27-72. Membership. {00351419.9 306-90018211 23 Page 713 of 817 738 1. Where possible, a minimum of two(2)members shall be chosen from among the disciplines 739 of architecture, history, architectural history, archaeology, landscape architecture or planning. 740 A minimum of three (3) additional members of the board shall be experienced in the areas of 741 commercial development, real estate, banking or law. The two (2) remaining members shall 742 be citizen members at large. 743 (a) All members shall have demonstrated a special interest, experience or knowledge 744 in historic preservation or closely related disciplines. 745 (b) Persons serving on the board are encouraged to attend educational meetings or 746 workshops to develop a special interest, expertise, experience or knowledge in 747 preservation, architecture, or quasi-judicial boards. 748 (c) The City may appoint a professionally qualified historic preservation planner to 749 advise and assist the board, carry out delegated responsibilities, and undertake the 750 requirements for Certified Local Government certification. 751 752 Sec. 27-73. Meetings. 753 1. The board shall hold a minimum of four(4) meetings per year at regular intervals. All 754 meetings of the board shall be publicly announced and will have a previously advertised 755 agenda. The meetings shall be open to the public. 756 (a) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity 757 and participating fully in board discussions, but having no right to vote. 758 (b) Summary minutes will be prepared and made available to the public after 759 adoption by the board. 760 761 Sec. 27-74. Powers and Duties. 762 1. The board shall have the following powers and duties within the incorporated City limits of 763 Boynton Beach, Florida: 764 (a) The Historic Resources Preservation Board shall act in an advisory capacity to the 765 City Commission and shall provide recommendations to the City Commission 766 regarding the following: 767 i. Nomination of properties and districts to the National Register of 768 Historic Places, as a required duty of being a certified local government. {00351419.9 306-90018211 24 Page 714 of 817 769 ii. Nominations of properties and districts to the Boynton Beach Register 770 of Historic Places. 771 iii. Adoption, modification, or replacement of a Design Guidelines 772 Handbook. 773 (b) To hold public hearings and to approve or deny applications for certificates of 774 appropriateness or certificates of economic hardship affecting proposed or 775 designated properties or properties within districts; 776 (c) To advise and assist owners of properties on physical and financial aspects of 777 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion 778 in the National Register of Historic Places; 779 (d) To call upon available City staff members as well as other experts for assistance 780 and/or technical advice; 781 (e) To authorize a member of the board to testify before a board or committee on any 782 matter affecting historically, culturally, archaeologically, and architecturally 783 significant properties and resources; 784 (f) To confer recognition upon the owners of properties and districts by means of 785 certificates,plaques or markers; 786 (g) To recommend amendments or changes to these Regulations; 787 (h) To inform and educate the citizens of the City concerning the historic, cultural, 788 archaeological, and architectural heritage of the City; and 789 (i) To participate in survey and planning activities of the Certified Local Government; 790 (j) To coordinate with the State of Florida's Division of Historical Resources Certified 791 Local Government program by satisfying the following requirements: 792 i. The State Historic Preservation Officer shall be given thirty (30) 793 calendar days prior notice of all meetings and within thirty (30) days 794 following such meetings shall be provided with the minutes and record 795 of attendance of the Historic Resources Preservation Board and the 796 public. 797 ii. The State Historic Preservation Officer shall be notified of any change 798 of Historic Resources Preservation Board members within thirty (30) 799 days of their appointment. {00351419.9 306-90018211 25 Page 715 of 817 800 iii. Notify the State Historic Preservation Officer immediately of all new 801 historic designations or alterations to existing designations. 802 iv. Submit amendments to the ordinance to the State Historic Preservation 803 Officer for review and comment at least thirty (30) days prior to 804 adoption. 805 V. Submit an annual report by March 1 covering activities of the previous 806 October 1 through September 30 and shall include the following 807 information: 808 A. A copy of the Rules of Procedure; 809 B. A copy of the Historic Preservation Ordinance; 810 C. Resumes of the Historic Resources Preservation Board members; 811 D. Changes to the Historic Resources Preservation Board 812 membership; 813 E. New local designations and National Register listings; 814 F. A review of survey and inventory activity with a description of the 815 system used; 816 G. A program report on each grant-assisted activity; and 817 H. Number of projects reviewed. 818 (k) To undertake any other actions or activity necessary or appropriate to the 819 implementation of its powers and duties or to implementation of the purpose of 820 these Regulations. 821 822 Sec. 27-75-27-79. Reserved. 823 824 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS 825 826 Sec. 27-80. Powers and duties. 827 Pursuant to Section 553.80, Florida Statutes, as may be amended, the Florida Building 828 Code, and the Boynton Beach Administrative Amendments of the Florida Building Code, the 829 Building Board of Adjustments and Appeals shall have the power, as further defined in Section 830 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code, to 831 hear appeals of decisions and interpretations of the building official and consider variances of {00351419.9 306-90018211 26 Page 716 of 817 832 the Florida Building Code and other technical codes. See Boynton Beach Administrative 833 Amendments to the Florida Building Code 6th Edition (2017). 834 835 Sec. 27-81. Secretary of board. 836 The building official or his/her authorized representative shall act as secretary of the board 837 and shall make a record of all of its proceedings, which shall set forth the reasons for its 838 decision, the vote of each member, the absence of a member, and any failure of a member to 839 vote. 840 841 Sec. 27-82. Membership. 842 Board members shall be composed of individuals with knowledge and experience in the 843 technical codes to include, to the greatest extent possible, an architect, engineer, general 844 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other 845 contractor licensed category. In addition to the regular members, there should be two alternate 846 members, one member with the qualifications referenced above and one member at large from 847 the public. 848 849 Sec. 27-83. Appeals. 850 1. Decision of the building official. The owner of a building, structure or service system, or 851 duly authorized agent, may appeal a decision of the building official to the Building Board of 852 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: 853 (a) The building official rejected or refused to approve the mode or manner of 854 construction proposed to be followed or materials to be used in the installation or 855 alteration of a building, structure or service system. 856 (b) The provisions of this code do not apply to this specific case. 857 (c) That an equally good or more desirable form of installation can be employed in any 858 specific case, which the building official has rejected or refused. 859 (d) The true intent and meaning of this code or any of the regulations hereunder have 860 been misconstrued or incorrectly interpreted. 861 862 Sec. 27-84. Variances. {00351419.9 306-90018211 27 Page 717 of 817 863 1. The Building Board of Adjustments and Appeals, when upon written request, has been so 864 appealed to and after a hearing, may vary the application of any provision of this code to any 865 particular case when, in its opinion, the enforcement thereof would do manifest injustice and 866 would be contrary to the spirit and purpose of this or the technical codes or public interest, and 867 also finds all of the following: 868 (a) That special conditions and circumstances exist which are peculiar to the 869 building, structure or service system involved and which are not applicable to 870 others. 871 (b) That the special conditions and circumstances do not result from the action or 872 inaction of the applicant. 873 (c) That granting the variance requested will not confer on the applicant any special 874 privilege that is denied by this code to other buildings, structures or service 875 system. 876 (d) That the variance granted is the minimum variance that will make possible the 877 reasonable use of the building, structure or service system. 878 (e) That the grant of the variance will be in harmony with the general intent and 879 purpose of this code and will not be detrimental to the public health, safety and 880 general welfare. 881 882 Sec. 27-85. Conditions of the variance. In granting the variance, the board may prescribe a 883 reasonable time limit within which the action for which the variance is required shall be 884 commenced or completed or both. In addition,the board may prescribe appropriate conditions 885 and safeguards in conformity with this code. Violation of the conditions of a variance shall be 886 deemed a violation of this code. 887 888 Sec. 27-86. Notice of appeal.Notice of appeal shall be in writing and filed within 30 calendar 889 days after the building official renders the decision. Appeals shall be in a form acceptable to 890 the building official. 891 892 Sec. 27-87. Unsafe or dangerous buildings or service systems. In the case of a building, 893 structure or service system, which in the opinion of the building official, is unsafe, unsanitary {00351419.9 306-90018211 28 Page 718 of 817 894 or dangerous,the building official may, in the order, limit the time for such appeals to a shorter 895 period. 896 897 Sec. 27-88. Procedures. 898 1. Rules and regulations. The board shall establish rules and regulations for its own procedure 899 not inconsistent with the provisions of this code. The board shall meet on call of the chairman, 900 subsequent to a request to call a meeting by the secretary. The board shall meet within 30 901 calendar days after notice of appeal has been received. 902 (a) Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due 903 process should be observed and govern the proceedings. Upon determination by the 904 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but 905 all other evidence of a type commonly relied upon by reasonable, prudent persons in 906 the conduct of their affairs shall be admissible, whether or not such evidence would be 907 admissible in a trial in the courts of Florida. Any part of the evidence may be received 908 in written form. The board may request certain evidence from the petitioner to be 909 provided by an architect or engineer registered in the State of Florida, in which case, 910 said evidence shall be signed, sealed, and dated. 911 (b) Testimony. Any member of the board or the attorney representing the board may 912 inquire of, or question, any witness before the board. Any member of the board, the 913 petitioner or his/her attorney, and/or the building official shall be permitted to inquire 914 of any witness before the board. The board may consider testimony presented by the 915 building official, the petitioner, or any other witness. 916 2. Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a 917 decision without unreasonable or unnecessary delay. Each decision of the board shall also 918 include the reasons for the decision. If a decision of the board reverses or modifies a refusal, 919 order, or disallowance of the building official or varies the application of any provision of this 920 code, the building official shall immediately take action in accordance with such decision. 921 Every decision shall be promptly filed in writing in the office of the building official and shall 922 be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise 923 to the appellant and a copy shall be kept publicly posted in the office of the building official 924 for two weeks after filing. Every decision of the board shall be final; subject however to such 925 remedy as any aggrieved party might have at law or in equity. {00351419.9 306-90018211 29 Page 719 of 817 926 3. Local Construction Regulation Board. The local government may also utilize this Board to 927 convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 928 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor 929 to obtain a building permit or permit with specific conditions, if the LCRB has found such 930 contractor, through public hearing, to be guilty of fraud or a willful building code violation 931 within the county or municipality that the LCRB represents. The LCRB may also, deny, 932 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or 933 permit with specific conditions, if it has proof through the public hearing process, that a 934 contractor has been found guilty in another county or municipality within the past 12 months, 935 of fraud or a willful building code violation and after providing notice of an opportunity to be 936 heard to the contractor, finds that such fraud or violation would have been fraud or a violation 937 if committed in the county or municipality that the LCRB represents. Notification of and 938 information concerning such permit denial shall be submitted to the division within 15 days 939 after the LCRB decides to deny the permit. 940 941 Sec. 27-99. City Commission. 942 1. Local Planning Agency. The City Commission is hereby designated as the city's local 943 planning agency to act on behalf of the city under the terms and provisions of the local 944 government Comprehensive Planning Act, having the general responsibility for overseeing a 945 comprehensive planning program and the preparation and amendment of the Comprehensive 946 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as 947 provided in said Act. 948 2. Finality and Review. All decisions of the Planning and Development Board shall be 949 advisory to the City Commission. Once final, a decision may be reviewed by the filing of a 950 Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm 951 Beach County, Florida, and in accordance with the procedure and within the time provided by 952 court rule and such time shall commence to run from the date of the decision sought to be 953 reviewed. 954 955 27-100-27-104. Reserved. 956 957 ARTICLE X. APPEALS {00351419.9 306-90018211 30 Page 720 of 817 958 Sec. 105. Administrative Official. 959 1. Eligibility. Appeals of a decision of an administrative official may be taken by any person 960 aggrieved, or by any officer, board, or bureau of the governing body affected by any decision 961 of an administrative official under any ordinance enacted pursuant to the Land Development 962 Regulations. 963 2. Filing. Appeals of a decision of an administrative official, excluding the Building Official, 964 shall be filed within fifteen (15) calendar days after rendition of the order, requirement, 965 decision, or determination made by the administrative official. For appeals of a decision made 966 by the Building Official, the notice of appeal shall be in writing and filed within thirty (30) 967 calendar days after such decision is rendered. When necessary, a current certified survey and 968 a fee as adopted by resolution of the City Commission, plans, drawings, documents and/or 969 other material constituting the record upon which the action was taken shall be collected by 970 the administrative official and, together with the completed appeal, forwarded to the 971 appropriate appeal board for placement on the board's next available agenda. 972 3. Stay of Work. Upon posting of acceptable surety (see Chapter 2, Article 111, Section 6)by 973 the appellant in an amount equal to one hundred ten percent(110%) of the potential costs of 974 delays and damages as certified by a design professional, all work on the premises and all 975 proceedings in furtherance of the action appealed will be stayed, unless the administrative 976 official from whom the appeal was taken, certifies that by reason of facts stated in the 977 certificate, a stay would cause imminent peril of life or property. In such case,proceedings or 978 work shall not be stayed except by a restraining order which may be granted by the board or 979 by a court of record on application, on notice to the officer from whom the appeal is taken and 980 on due cause shown. 981 4. Assignment of Appeals. The City Commission or the Building Board of Adjustments and 982 Appeals shall review all appeals. The assignment of each is as follows: 983 (a) City Commission. The City Commission shall hear and decide all appeals regarding 984 the administration, interpretation, or enforcement of any standard, provision, or 985 regulation contained in the land development regulations, except for that which is 986 identified below. 987 (b) Building Board of Adjustments and Appeals. The owner of a building, structure, or 988 service system, or duly authorized agent may appeal a decision of the Building Official 989 or the Floodplain Administrator,as applicable,in his/her enforcement or administration {00351419.9 306-90018211 31 Page 721 of 817 990 of Chapter 4, Article IX, Building, Construction and Historic Preservation 991 Requirements; Chapter 4, Article X, Flood Prevention Requirements; or whenever any 992 one (1) of the following conditions are claimed to exist: 993 i. The Building Official or the Floodplain Administrator, as applicable, rejected 994 or refused to approve the mode or manner of construction proposed to be 995 followed or materials to be used in the installation or alteration of a building, 996 structure, or service system; 997 ii. The provisions of the city's current edition of the Administrative Amendments 998 to the Florida Building Code do not apply to this specific case; 999 iii. That an equally good or more desirable form of installation can be employed in 1000 a specific case; or 1001 iv. The true intent and meaning of the city's current edition of the Administrative 1002 Amendments to the Florida Building Code have been misconstrued or 1003 incorrectly interpreted. 1004 V. An application made by the owner or tenant of a property which operates as a 1005 group home is denied. The Building Board of Adjustments and Appeals shall 1006 convene within thirty (30)calendar days of the date that a written appeal is filed 1007 with the City. If the Building Board of Adjustments and Appeals is unable to 1008 convene within 30 days, the appeal may be heard by the City's Magistrate and 1009 the matter will be added to the agenda of the next available Code Enforcement 1010 Hearing date. 1011 5. Hearing of Appeals. The City Commission or Building Board of Adjustment of Appeals 1012 shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as 1013 due notice to the parties in interest. Upon the hearing, any party may appear in person, by 1014 agent or by attorney. 1015 6. Review of Administrative Orders. In exercising its powers, the City Commission or the 1016 Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may 1017 modify the order, requirement, decision, or determination made by an administrative official 1018 and may make any necessary order, requirement, decision, or determination, and to that end, 1019 shall have all the powers of the officer from whose action is being appealed. The concurring 1020 vote of a majority of the members present shall be necessary to reverse any order,requirement, {00351419.9 306-90018211 32 Page 722 of 817 1021 decision, or determination of any administrative official or to decide in favor of the applicant 1022 on any matter upon which the board or commission is required to pass. 1023 7. Indemnification. In the event a claim or lawsuit is brought against the city, its officers, 1024 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold 1025 harmless the city, its officers, employees, servants or agents and to defend said persons from 1026 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out 1027 of or relating to the appeals from decisions of an administrative official whether the appellant 1028 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and 1029 expenses incurred by the city, its officers, employees, servants or agents in connection with 1030 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of 1031 any of the city's immunities provided for in F.S. § 768.28. 1032 1033 Sec. 106. Building Board of Adjustments and Appeals. 1034 1. Eligibility. Appeals of decisions by the Building Board of Adjustments and Appeals may 1035 be taken by any aggrieved parry affected by a board decision. 1036 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 1037 within thirty (30) calendar days after rendition of a board decision. 1038 (Ord. 10-025,passed 12-7-10) 1039 1040 Sec. 107. City Commission. 1041 1. Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved 1042 party affected by a City Commission decision. 1043 2. Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court 1044 within thirty (30) calendar days after rendition of the City Commission decision. 1045 1046 Sec. 108. Withdrawal or Denial of Appeal. 1047 1. Refiling After Denial. Upon denial of an application for relief hereunder, in whole or in 1048 part, a period of one (1)year must elapse prior to the filing of a subsequent application 1049 affecting the same property or any portion thereof. 1050 2. Refiling After Withdrawal with Prejudice. Upon the withdrawal of an application, in 1051 whole or in part, a period of six (6) months must elapse prior to the filing of a subsequent 1052 application affecting the same property or any portion thereof, unless, however, the decision {00351419.9 306-90018211 33 Page 723 of 817 1053 of the applicable Advisory board is without prejudice; and provided that the period of 1054 limitation shall be increased to a two (2)-year waiting period in the event such an application, 1055 in whole or in part, has been twice or more denied or withdrawn. 1056 3. Refiling After Withdrawal without Prejudice. An application may be withdrawn without 1057 prejudice by the applicant as a matter of right; provided the request for withdrawal is in 1058 writing and executed in a manner and on a form prescribed by the Building Board of 1059 Adjustments and Appeals and filed with the board at least one (1)week prior to any hearing 1060 scheduled concerning the application; otherwise, all such requests for withdrawal shall be 1061 with prejudice. When an application is withdrawn without prejudice, the time limitations for 1062 re-application provided herein shall not apply. No application may be withdrawn after final 1063 action has been taken. {00351419.9 306-90018211 34 Page 724 of 817 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Vote City Clerk Pyle called the roll. The vote was 3-2. (Commissioner Romelus and Commissioner McCray dissenting) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to the Ment2Makelt, Inc. (Heard earlier in meeting) B. PROPOSED RESOLUTION NO. R17-113 - Resolution of City of Boynton Beach in support Florida House of Representatives House Memorial 263 urging the President to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Representative Al Jacquet is available to comment to this topic. (Heard earlier in meeting) C. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. Attorney Cherof, indicated the backup was put together by the City Clerk's office. The backup contains the information regarding the current composition of the boards, board requirements, and terms of offices. The back —up also contains a comparison with other municipalities and the County with respect to other boards and other comparable information. If the Commission wanted to change, this needed to be done through a comprehensive ordinance. If the Commission wanted to have uniformity of requirements or conditions or individually by boards, it would need one or more ordinances to modify these changes. Vice Mayor Katz asked if there were any specific recommendations. He did not recall the genesis of this issue. Attorney Cherof explained the issue was with an individual serving on more than one quasi-judicial board. A quasi-judicial board would have final say. Those conflicts are eliminated under the current policy. He does not see anything that would come into play. 21 Page 725 of 817 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray asked if the City has a problem with any of the boards. Attorney Cherof stated he has not seen any problems regarding these boards. The Clerk could speak on this issue. Judith A. Pyle, City Clerk responded there were no problems. We do have some reappointments in December, some are March and April. This was at the Commission discretion. There are some boards that no not have and end date. Ms. Pyle stated it would be good if the City had the re-appointments at one time. Some are in April, some are June, and some of the boards' members do not have any term limits to be reappointed. Vice Mayor Katz asked would it be appropriate to request any glaring issues, that the Clerk would see an inconsistency. If there was an issue it can be sent to the Commission. Ms. Pyle would have the best view on this situation. Commissioner McCray asked did we have it where we appointed all boards at one time. City Clerk Pyle responded yes. Board members whose terms were expiring are reappointed in December. Commissioner McCray asked about the discrepancy with the boards. Ms. Pyle replied the ordinances were created over time. Mayor Grant stated he would like to have a universal December reappointment. He wanted to have a two year term and have it alternating. Except for the Citizen Oversight Committee, we make this as uniformed as possible, and the Building Board Adjustment and Appeal we allow for the business owners as well, because it was sometime difficult to find qualified residents with the specific qualifications. Ms. Pyle stated the Building Board of Adjustment and Appeals had a scheduled meeting. Mayor Grant asked if everyone was in agreement with what was said. Commissioner McCray asked if staff needed direction from the Commission. Mayor Grant stated they had a consensus. D. Discussion on Public Art as requested by Vice-Mayor Katz. (Heard earlier in meeting) 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017. 22 Page 726 of 817 7 REGULARS&2 ALTERNATES Established per Ordinance No.61-2 Staggered Two-year terms for all members . ..w 2020 � .. �� RECREATION PARKS BOARD MEMBER EXPIRES PHONE PROFESSION _................. _ ._....... _ ...�_. AMMON, Eric 12/20 914-924-0421 Executive 3100 Fernwood Drive(33435) Appt'd 04/02/17 ericammonmail corn FREDERICK, Charles 12/21 702-3219 Teacher j 1413 N. Seacrest Blvd. (33435) Appt'd 11/5/19 dr _q PIERCE-ROE, Elizabeth (Betty) 12/21 436-8420 Self-Employed 637 Oak St(33435) Appt'd 4/4/10 couleabuckshuntclub.r„3 r,ail.corn Realtor/Bookeeper KANTER,Charles 12/21 369-7828 Writer, Marine 2905 South Greenleaf Circle Appt'd 9/7/10 charlesekantergmail.com Surveyor 33426 VAN LEUVEN,Joshua 12/20 561-633-3095 Sales Admin 350 N. Federal Hwy. #713 (33435) App'd 8/6/19vanleuyen� mail.com FAGAN, Eugene 12/20 561-385-4514 Architect 101 S. Federal Highway Apt 319 Appt'd 12/4/18 Eu=deng Fa�janArchitect.com (33435 STERN, Renee 12/21 375-9490 Ret.Teacher 13B Westgate Lane(33436) Appt'd 7/16/13 Repgg4531,;�r aol.com I ALTERNATES: ... .. BONNELL,Richard 12/20 678-428-8868 Aviation Tech 3504 SE 2nd St. (33435 Appt'd 5/21/19 r.brian bonnellC'=mall com, MONDELLO Julie 1221 / 356-9466 Information 122 Lancaster Road (33426) Appt'd 12/2/14 iullemondellor- hoo.comSecurity Project �. .... . -1--_ _[' ........ _.M ._ Manacler CITY EMPLOYEE REPRESENTATIVE: MA.70111-S,Wally- Recreation &Parks Director-742-6255 Updated: 12/06/19 S:\CC\WP\BOARDS\LISTS\2020 Board Lists\RECREATION&PARKS BD.docx Page 727 of 817 7 REGULARS&2 ALTERNATES Established per Ordinance No. 61-8 Staggered Two-Year Terms for all members __....._ _. . .... LIBRARY2020 MEMBER EXPIRES PHONE PROFESSION ... _.. __ .. ............. VACANT 12/20 i VACANT 12/21 i i FELDMAN, George 12/20 Not listed Realtor 9778 Nickels Blvd., 505 Appt 6/18/19 george@georgefeldman.com SHERLOCK, Elizabeth 12/21 561-932-8197 Realtor 2010 s. Federal Hwy., #202 (33435) Appt'd 12/03/19 Sherlock,..elizabeth�e yahoo.com VACANT 12/21 i I i BOUCARD, Robyn 12/20 543-7262 Data Processor II 516 New Lake Drive(33426) Appt'd 5/7/19 rbouc4l@aol.com HAYDEN-ADEYEMO,Stephanie Dr. VC 12/21 945-1329 Teacher 2181 SW 15th Ave. N102 (33426) Appt'd 2/7/17 Monroe s vmail.com �.... _ .. .m., .... _ -------- __.... ALTERNATES: �. ----.--------------- ... . Vacant 12/20 Vacant _12/2_1 �� w ... a........._. .._-,._ CITY EMPLOYEE REPRESENTATIVE: CLARK, Craig — Library Director S:\CA\ADVISORY BOARDS\2020 Board Lists\LIBRARY BOARD.docx Page 728 of 817 7 REGULARS&2 ALTERNATES Established per Ordinance No.92-13 Staggered Two-year Terms for All Members ... - — .....___ -----------___. .......... 2020 SENIOR AD ISORYBO RD _ _ - - . _ MEMBER EXPIRES PHONE PROFESSION ... . Lyman,Judi 12/20 561-704-2507 Retired 2 Villa Lane (33436) Appt'd 4/16/19 secretaryexpress@aol.com CRUZ,Angela 12/21 561-674-3905 Regulatory j 1420 Via De Pepi (33426) Appt'd (12-17-19 crangela23@yahoo.com Analyst I Vacant(Iames) 12/21 NEWTON, Margaret 12/20 561-315-9595 Teacher& 701 NW 4th St.(33435) Appt'd 4/18/17 kipsaigi@aol.com Suprvr. SIEGEL, Lawrence 12/20 561-254-4237 Educator/Consult 1010 NW 8th Street (33426) Appt 9/20/18 Isle el2010�,11 gmall.com ant VACANT 12/20 GOMEZ, Jennifer 12/21 561-577-6136 Elder Law 3221 Chapel Hill Blvd (33435) Appt'd 7/18/17 jg@.jennifergomez.co Attorney ...._....� ................._. .....M.M. ...__ _.... ALTERNATES: BLACK, Alison 12/21 715-4067 M Social Worker 1 6 Bethesda Place :.33435 A it'd 7/3/18 AlisonFblack` AQ1,corn _ OPE12/20 . CITY EMPLOYEE REPRESENTATIVE: Brent Rolle— Recreation Supervisor S:\CC\WP\BOARDS\LISTS\2020 Board Lists\SENIOR ADV BD.doc Page 729 of 817 7 REGULARS &2 ALTERNATES Established per Ordinance No. 01-64 Two-year Terms for All members Amended per Ordinance No. 04-031 _._ 2020 u _ ------ 7 RTS COMMISSION MEMBER EXPIRES PHONE PROFESSION ZELL,Jehana 12/20 376-3397 Artist&Volunteer 736 Shore Drive(33435) Appt'd 3/20/18 Jehana d aol.com LEVINE, Marcia,Vice Chair 12/21 917-693-4729 Account Exec MD TV 625 Casa Loma Blvd. Bldg 2,#808 Appt'd 12/5/17 Marcialorilevinemail.com (33435) MOODIE,Clovis 12/21 601-9492 Retired Educator 3638 SE 2nd Street(33435) Appt'd 2/7/17 McarV05r bellsouth.net McQUIRE, Courtlandt,Chair 12/20 954-465-4369 Creative Director 719 SW 27«Place(33435) App'd 10/2/18 CourUkredbaradv.com OYER,Susan 12/20 736-1251 Social Studies PO Box 57(33425) Appt'd 8/21/18 susanoyer gmail.com Teacher AYALA, Dario 12/21 561-891-0401 Aircraft repair/sales,-7 1600 Woodfem Dr.(33436) Appt'd 12/03/19 Dario&varmsintl.com SILVERIO,Saddam 12/20 954-557-3054 Field Sales Manager 200 Ocean Pkwy(33435) Appt'd 12/03/19 saddamsq�!live com ALTERNATES: ...... .w. .a� ... LORENZ, Robyn, 12/20 561-541-5238 Substitute Art Teacher 805 SW 1st Ct.(33426) Appt'd 12/03/19 Tall.artist� ahoo.com KLAUBER, Martin 12/21 301-891-0402 Adm. Law Judge 700 E. Boynton Beach Blvd., LPH-1 Appt'd 12/03/19 Marty.klauber@gmail.com f 33435 ,:_. .m...._. w_.M.M M.M. (,... .... .... ..M. _ _... _...� --. — .._ ...�..................� _ � CITY EMPLOYEE REPRESENTATIVE: Coles-Dobay, Debby, Manager 742 6026 phone/742 6089 fax/ 632-7992cell colesdobaydbbfl.us www.bovntonbeacharts.pM CRA LIASION: Michael Simon S:\CC\WP\B0ARDS\LISTS\2020 Board Lists\ARTS COMMISSION.dooc Page 730 of 817 7 REGULARS&2 ALTERNATES Established per Ordinance No.71-1 Staggered Two-year Terms for All Members 020 PLANNING DEVELOPMENT MEMBER EXPIRES PHONE PROFESSION _ LITSCH,Tim 12/21 954-494-7271 Retired J 12 Colonial Club Dr., Apt 205 Appt'd 12/03/19 southoceandrive: hotmail.com Telecommunications 33435 OYER, Susan 12/21 736-1251 Social Studies PO Box 57 (33425) Appt'd 12/03/19 susanoyer@gmaii.com Teacher BUONI, Butch 12/20 706-993-8598 Pres. COA/Retired 450 Horizons E #304 (33435) Appt'd 8/21/18 Butch.BuonNC mail..com Military SIMON, Chris 12/20 436-7580 Project manager 222 NW 1A Ave. (33435) Appt'd 12/4/18 Simo9884 c�c mail_com wew® I ROSECRANS,Trevor, Vice Chair 12/20 654-3863 Civil Engineer 703 SW 4m Avenue (33426) Appt'd 12/2/14 trevrose�bellsouth.net I DeVOURSNEY, Dr. James, Chair 12/21 376-3747 Physician/Owner 2625 Lake Drive North Appt'd 12/03/19 drdevoursne� mail.com ALLEN, Darren 12/21 305-333-3500 Assist. Dean/Real 250 N. Federal Hwy 1015-S (33435) Appt'd 12/03/19 darremmallenl _mail.com Estate .......... ,..,._— .1...... ._.... M.. .-... ....... . ALTERNATES: ...................... SO-BEL,Jay 12/20 810-4410 Chemical Engineer 24 Sutton Drive. (33436) Appt'd 10/15/19 jesobel gjuno.com i PHILLIPS, Lyman 12/21 508-202-5635 Realtor 6 Danby Place (33426) Appt'd 12/03/19 Ir)r)hilli1234n_qmail.com ........ ... . ._ CITY EMPLOYEE REPRESENTATIVE: ED BREESE—PLANNING&ZONING ADMINISTRATOR S:\CC\WP\BOARDS\LISTS\2020 Board Lists\PLANNING DEV BD.docx Page 731 of 817 7 Regular members- 2 Alternates Established 2/15/11 2 year staggered terms for all members Ordinance No. 10-25&11-007 2020 HISTORIC RESOURCES PRESERVATION BOARD MEMBER EXPIRES PHONE PROFESSION m... ........ _ . __.._.®___....... .... .�._ Vacant 12/20 Feldman,Jesse 12/21 954-770-2179 Attorney 117 South Seacrest Blvd. (33435) Appt'd 12/4/18 Jesse robert.feldman % mail.com ' Vacant 12/21 Dean, Palm Beach State Ad' Prof. FAU +Ready, Barbara 12/20 734-3646 (H) Banking 34001 Baez Bay (33436) Appt'd 5/17/11 313-5185 (c)) fivereaclyl.com *Lowe, Ben 12/21 317-5174 Chair FAU 751 SW 35th Avenue (33435) App'd 4/2/19 Bplowe1534@bellsouth.net History Dept. Tidwell III, Hollis 12/20 561-707-4501 Architect 324 SW 3rd Avenue(33435) Appt'd 8/4/15 hollis= ,bridesmarsharchitects.com Wilson, Michael 12/21 561-260-1296 Land to Sea i 1224 Isle Ct. (33426) Appt'd 5/17/16 landtosea'a,_co cast.net Photography- L .MOwner . ALTERNATES: Vacant 12/20 Vacant 12/21 L... ___. _.... CITY EMPLOYEE REPRESENTATIVE: Mike Rumpf Director of Development *2 members—Architecture, history, architectural history, archaeology, landscape architecture or planning +3 members—commercial development real estate, banking or law #2 members—at large S:\CC\WP\BOARDS\LISTS\2020 Board Lists\HISTORIC RESOURCES PRESERVATION BD.dooc Page 732 of 817 7 Regulars-2 Alternates Established per Ordinance No.76-11 Staggered Two-year Terms for all members — ............. . _.... 20 BUILDINGBOARD OF ADJUSTMENTS & APPEALS MEMBER EXPIRES PHONE PROFESSION Bortz, Paul 12/20 724-322-0391 Business Owner 3418 Tuscany Way(33435) Appt'd 1/19/16 phbortz@gmail.com GURITZKY,Sanford 12/20 734-8899 Retired 14 Estate Drive (33436) Appt'd 1/5/10 isand_q >comcast.net VACANT(Mann Resigned) 12/21 VACANT(PODRAY did not apply) 12/21 i E BERGER, Daniel 12/21 334-559-1292 Construction 827 South Road ( 33435) Appt'd 2/7/17 TdanielberLcDd jr.com Manager DORNBLASER,Timothy 12/20 561-239-5191 General 136 Mohigan Circle, Boca Raton Appt'd 5/7/19 tdornblaser,�gail.com Contractor/Business (33487 _ Owner BRINK, Damian 12/21 561-632-5387 Retired 1523 S. Federal Hgwy, (33435) Appt'd 5/7/19 damianbrink att,net .... . .. _ - _.. . _ ALTERNATES: _ ...... _.. _... _... VACANT 12/20 VACANT 12/21 CITY REPRESENTATIVE: Shane Kittendorf, Building Official S:\CC\WP\BOARDS\LISTS\2020 Board Lists\BLDG BD OF ADJ&APPEALS.dooc Page 733 of 817 5 REGULARS 2 YR TERMS Established per Resolution R17-020 Adopted February 21,2017 ----- _. ....... ...... ............ ..... .....� ..._ 2020 CITIZENS OVERSIGHT COMMITTEE .................._- -_.M.v.._.. r��—_..... MEMBER APPOINTED PHONE PROFESSION EXPIRES Kerr, Adam - Chair 2-21-2017 561-840-0874 Engineer Consult. 1920 Wekiva Way Suite 200 12/19 Adam.Kerr c- kimle -horn.com West Palm Beach, FL 33411 Avril, Jude - Vice Chair 2-21-2017 561-654-9017 Financial Consult. 301 W. Atlantic Ave. Suite 0-5 12/19 �'av rilbellsouth.net Delray Beach, FL 33444 Pickel, Joyce 2-21-2017 561-738-1644 9 Colonial Club Dr. #104 12/20 Boynton Beach, FL 33435 Taylor, Jerry 2-21-2017 561-389-2216 Government/Mayor 1086 SW 26th Avenue 12/19 Taylor. l�bellsouthnet Boynton Beach, FL 33426 Wilson, Alexandria "Nicole" 2-21-2017 561-202-5753 Project Engineer 1202 NW 5th Street 12/20 alexandriai wilson(`c-L) mail.mmcom Boynton Beach, FL. 33435 CITY EMPLOYEE REPRESENTATIVE: Mara Frederiksen — Director of Financial Services 742-6312 S:\CC\WP\BOARDS\LISTS\2020 Board Lists\CITIZENS OVERSIGHT COM.docx Page 734 of 817 7 REGULAR MEMBERS *Commission Appointed -Three-year Term +Employee Elected -Three-year Term .... ......................... .._.... _.- _ .....M.. ._ 2020 EMPLOYEES' PENSION PLA BOARD �.M..... _ F TRUSTEES MEMBER EXPIRES PHONE PROFESSION GRANT, Steven B. appointed by ordinance 376-1537 Mayor 100 E. Boynton Beach Blvd. Boynton Beach, FL 33436 grants&bbfl.us LAVERRIERE, Lori appointed by ordinance 742-6010 City Manager 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 LaverriereL bbf._ *MCDEAVITT, Cathleen V. 12/20 715-3107 Retired - ITS 237 SW 9th Avenue Appointed by the City mtck: bellsouth.net Boynton Beach (33435) +LOW, Michael 12/20 742-6403 Deputy Utilities Director 11197 Manderly Lane Non-Bargaining Rep lowm.Qbbfl.us Ops & Maintenance Wellington, FL 33467 +FASOLO, Laurie 12/19 312-4136 Cus. Rel. Clerk, Sr. 1405 SW 25 Avenue Boynton Beach, FI. 33426 Bargaining Rep. fasolol_c bbfl.us Tennis Center +CLAUDE, Sherri 12/19 685-8918 Accreditation Manager 457 SW 4th Ave Employee Rep sherri.claudgaarpail.com Boynton Beach, FL 33435 non-sworn HOMER, Kevin 12/20 305-1976 Insurance Benefits 2505 Lake Drive North Appointed by the City Kevin�r'7i homerinsured.com Consultant Boynton Beach, FL 33435 PENSION ADMINISTRATOR: Amanda Kish &Scott Baur 561-624-3277 The Resource Centers 4360 Northlake Blvd, Ste 206 PBG, FL 33410 Updated: 2/2/2018 S:1CC1WPIBOARDSILISTS12020 Board List1EMPLOYEES PENSION BD.doc Page 735 of 817 7 Regulars Members—2 yr staggered terms Established per Resolution No. R15-136 202 --- COMMUNITY REDEVELOPMENT AGENCY ADVISORY BO MEMBER EXPIRES PHONE PROFESSION Grcevic, Sharon 12/21 252-2519 Real Estate Broker 7043 Chesapeake Cir. bo�,ntonrealty aaqol.com (33436) Devlin, Thomas 12/20 734-0964 Wireless 2840 SE 1s'Ct. (33435) tdevlin( )bellsouth.net Consultant Hendricks, Allan 12/21 541-3700 Landscape 122 SE 4,h Ave. (33435) allan@,cwiassoc.com Architect Barber, Anthony 12/20 777-4934 Business Owner 1920 S Federal Hwy. (33435) a tbarbertrosbbue.com Gordon, Golene 12/20 853-5959 Real Estate Agent 230 Lake Monterey Cir. (33426) Golene ordonnCd) mail com (Mailing — P.O. Box 4303) j (33424) I Cruz, Angela 12/21 674-3905 Regulatory Analyst 1420 Via De Pepi (33426) cranela23ahoo.com I Vacant 12/21 CRA EXECUTIVE DIRECTOR: Mike Simon, Executive Director 710 N. Federal Highway 600-9090 Updated:12/18/19 S:1CC1WPIBOARDSILISTS12020 Board Lists\COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD.docx Page 736 of 817 5 REGULAR MEMBERS Fund Established by Ord.245(1953) * Commission Appointed-Four-year Term Reorganized Under Ord 02-004 **Elected by Police Officers-Four-year Term + Board Appointed-Four-year Term (Terms amended from two to four years per Ord. 10-05,effective 02/02/10) D.0 (� ����Dlb" ��IBU E`en L. N1"I )E ,T A", L INFORMATION 20 MUNICIPAL POLICERETIREMENT TRUST FUND MEMBER EXPIRES PHONE PROFESSION ... � VACANT 12/22 *bugger, Daniel 12/22 742-6100 Police Appt'd 7/17/18 2woDepartment +FAINE. Russell 12/21 742-6100 Police Officer Appt'd 7/2/13 ain , fi..I **LLOPIS, Det. Jason—Secretary 12/22 742-6100 Police PO Box 310 (33425-0310) Elected 05/08 15.s.€ ' birLUS, Department � P **McDeavitt,Brian 12/21 436-3110 Police Elected 11/10/17 !ate P 4 r LI Department Administrators - Precision Pension 2100 N. Florida Mango Rd. West Palm Beach, FL S:\CC\WP\BOARDS\LISTS\2020 Board List\POLICE OFFICERS'PENSION BD.doc Page 737 of 817 5 REGULAR MEMBERS * Commission Appointed - Four-year Term **Elected by Firefighters - Four-year Term + Board Appointed - Four-year Term DO NOT DISTRIBUTE - CONFIDENTIAL INFORMATION 20 MUNICIPALIO TRUST FUND MEMBER EXPIRES PHONE PROFESSION *WALTER, Desirae 12/20 561-703-6739 Teacher 2890 SE 1St Court Appt'd 01/15/19sinaeni ariewa ,r a Boynton Beach, Florida ail,com m. "CALE. STANLEY 12/21 Firefighter Elt'd Cala - _ I **PETTY, MATTHEW, CHAIR 12/20 Firefighter Elt'd12/2010 Pei b 1lm +RAYBUCK_ 10KIATHAni r 12/21 Firefighter/ Appt'd 08/13/09 Ra b u , fl,rL Paramedic 1 *TAYLOR, ROBERT B, JR. 12/20 737-1960 Financial 4 Via Lago (33435) Appt'd 04/1999 gl larrConsultant it a Ex-Officio Member- TBD PENSION ADMINISTRATOR: DAVE WILLIAMS, PRECISION PENSION S:\CC\WP\BOARDS\LISTS\2020 Board List\FIREFIGHTERS'PENSION BD.doc Page 738 of 817 8.F. PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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. (This agenda item has been continued to the June 16, 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 739 of 817 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 740 of 817 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 7 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the property owner has made application to rezone land, said land being 13 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 14 MIXED USE(SMU); and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from 25 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 28 29 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 30 COUNTY OF PALM BEACH,FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 31 32 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 33 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 34 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 35 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 36 DISTANCE OF 1898.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 37 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 38 DESCRIPTION: THENCE S.88°05'26"W., A DISTANCE OF 846.73 FEET TO A POINT; 39 THENCE S.43032'54"W.,A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0059'39"E., 40 A DISTANCE OF 258.27 FEET TO A POINT;THENCE S16°46'44"E.,A DISTANCE OF 199.60 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 741 of 817 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 742 of 817 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 743 of 817 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 744 of 817 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 745 of 817 Page 3 Boynton Beach Mall REZN 19-001 BACKGROUND AND REQUEST The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the city-initiated FLUM amendment that changed the classification from DRI to Mixed Use Low (MXL). The action—undertaken in preparation for redevelopment of the Mall— did not include rezoning, expected to be applied for by a developer at a later date, concurrently with a master plan for the entire site. The pine preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, was not the included in the subject amendment. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational zoning (REC). The applicant submitted a request for rezoning from the current C-3 Community Commercial district to a SMU, Suburban Mixed Use district, and a five-phase Master Plan, which will guide redevelopment of the Mall. The Master Plan proposes a mix of uses including: • A maximum of 1,420 multi-family residential dwelling units; • A maximum of 400 hotel rooms; • Approximately 1,024,000 square feet of non-residential uses, comprising roughly: ■ 629,000 square feet of shopping center uses, ■ 123,000 square feet of existing Church use, ■ 20,000 square feet of fitness center use, ■ 10,000 square feet of restaurant use, ■ 65,000 square feet of general office, ■ 65,000 square feet of medical office, ■ 80,000 square foot existing theatre with 3,650 seats, and ■ 23.3 acres of Open Space Note that the Master Plan does include the approximately 7.4 acre Pine Preserve, although the latter is not a subject of rezoning. For more information on the Master Plan, see the corresponding staff report. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. It should be noted that the requested zoning district of SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. For that reason, the responses to the criteria below will parallel—when appropriate— those provided for the review of the earlier future land use amendment for the site. 3 Page 746 of 817 Page 4 Boynton Beach Mall REZN 19-001 a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. Criterion as intended is not applicable. The current C-3 zoning of the Mall is inconsistent with its new MXL future land use designation. As stated above, the SMU is the only zoning option for the MXL-classified site. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan was addressed in the staff's review of the future land use amendment to the MXL classification. To reiterate, the MXL classification and thus the proposed rezoning of the site to SMU, its only corresponding zoning district, is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. For the analysis of the consistency of the Master Plan with the LDRs, see the corresponding sfaff report. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent 4 Page 747 of 817 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 748 of 817 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 749 of 817 Page 7 Boynton Beach Mall REZN 19-001 (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As affirmed in the staff's review of the FLUM amendment, redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested rezoning meets criterion "g(1)". The ensuing project has also a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. (Between 2016 and 2017, the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168.) • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "g5", and "g7"); • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The FLUM amendment and the proposed rezoning of the Mall can potentially reduce the amount of land available for commercial development since the MXL and SMU encourage a mix of residential and commercial uses. Inclusion of residential uses supports the "live, 7 Page 750 of 817 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 751 of 817 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S Owners other than Boynton Mall LLC 062. 25 250 375 500 qt EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t ��� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 Elp-pt EXHIBIT B BOYNTON BEACH MALL FLU SCLASSIFICATION 1 NO NEW t{ I t , � t z• , p �1 Mixed Use Low (MXL) rif / IIIIIIIIIIIII� t_ J \ tt. f 1 � � f r +jy E G >{ Y 4 t � I S5 4 , 1 r t } li! f_ jj( 4 tt LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) WE _,`, ` LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) goppt EXHIBIT C BOYNTON BEACH MALL CURRENT ZONING l4 h — �r ,il yt51 ill�ttl{}ts r7s\\} lli tiVl- ` i r+t -.tlt+ ,„ a itt {ts� } 4gi jt irlt 4}!Ar ry}tI rstt rAtt f(4 4:JiJly t`7t £J_t ritS�{ l�r s 1A� v� i !¢ t �,,Yrrr r1 rltit 4 " 4 � , 14 ,'! -. t l 'tt A:u{y;i 7+i„+yil4r,i+li:r i i h}_,,,;r�t�,t.,}Ilmt I£t+rsri{1)r„;�i}s r rr)i 1t��t r r t+it t s:�t)5}( ,+}ly�\ `\\it;slit i+7,r{{ \/1(4s4✓it}!(ii sr It+\r{I s{ili�'l,S,t, ty, s„} tiit} ,,j ISJt)I itll,l t i\) lr s1}Sir{yj rti t Irti 75( .(£ f t f`t(£,( 4s r __ti}v #r.) j S } P Jt 1t+r }tt,44,,,f 1 tt Ia7J't r t J t' t'\Stl\{tU7itl f r\tvt \ {�\ Jp+firs tV t tt4GiJ!v\}1t I It SI`!1,{t+{klt �s i4t I 77rt ISh+k VI r o +t la1 rbll£t t vrt`t),4} a£i VriY dt' tt l ti tit fi. 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ISI t t tlgr f i tri S4 + till jt} sl t ! tt Jl+ill t t r ri rltlj 11117+tt1 Jy'tlt;(t }lb4)51JarU\h1S\6r1S13x1}\h1S\h1S\h1S\titU\h1S\h1S\h1S\brb\h1S\h1S\h1S\dr1SSh1S\h1S\h1S\drit�its tY,rYu rd;,tYu Au ath u-� 9 {u1�{Iu"�t t„'life,t{}fl},3,ti t}' ttA,ttu sdA�t} 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 �r irr rrr i4} rf}'j r4}(ry rt r' Alyt \1i } }� 4 rl �u. r£,lrr ir)rr lrlrlrS £!�'� r,,1 (i it Irr Y�pirrrit�r ,lr t — (i, ilr�, �rsrf�tlrrrr err rirtri}1141+��� �;� i �' fS})t rrr. f rrr tri Irr t , 'tr 1C �f�ilir�fi�r iir��i�«r v}�) jSr ��� s rrr if t t -t ifl} _ ttf s i c Iq tit r} � }�lrrr Si 1 m PROPOSED ZONING: SMU rrr SUBURBAN MIXED USE yy 1 r4r rir 1 y(�I 1jI rf lrfrrr� r}� �1�f rr ��s } t - {{„ r rrrt rr rt liI r rrrr}i- rrr 1� t i riui ,r, }}v;li('IlislirS� t? 1rr,(rrltru}`u, iyi,rr` £� 1£r �rtTr'��y � l} It � It rtl �itrt� ul-r tr51(tt �r}}k1}t 1�),:'. r sr ���}f�Ai}�a rt Ut liv iltrr ri it t j tf r�i�f ?, 1 1 rrtf rf��rl , r Grir}ii �111t> ��:{rl t f}1R£x- } 1 It ti 1 rrr � � t 1f1 Ir hl- t r 111 t rSr a�� r y 1st(r!/rr z vOt�i i� 1 Ir rl�l� rii 11 r�{ rl r rrrr� I}r t� r� r t � y tYr X14 rr. f1A r4Ul r I. r t sr i i rrtr�ii rrtsr} 1 t�rs��rr ilrtnitl 'tlSt iS t{y i } rf1�r1 11 trt}f i11�1 �} fij>> yy4}r I�r(fr 1 r y�rtrt S 1 1}str{rr} �i � if} r� N/r i 1r �l r 1 i t r r ;rf.it � 1 i r r1 S�rtr £4}Ir{ r \ttl ryr t( lr ltjr�r,tr 7Srtrf ftifl trt 11 Gr i �; r11 1tr r 1 -U r r r1 r 2 r r s frtf 1 1 r� ( �� r -r irrr It U 4> r£ f rpt rK }r rr) It ttl}� rr 1 S(, r 4t}>yr rl r r�£ t r��l1 -S It{Ilr ": t 11 �rrl } i,irr ir'} rttyl� rrf�71� 5 i+i}}�} V �it lirf li £�atst� ilsr�itrl r{f}r(t�'ri1 t�rs`r r r 4 f i {}tt r r rrr s rr rr yl�r.lrrflr7 } 11 1 t i O 't t r s_ r i\ t t if£ {t� 7 } r (> rr r r Jr 4 11+1. 1 tlrl s 7 � rt (r rri Yi}71r Il �sl} y t - t i r y }}r14� r 114 ii 4r�1rr{i rJ}£ i s r 11 `t;rrr rry } li4+fr rlr}r }rrf 'blit ri fr)lit f I r lfsi rr r�IJ��trilir yf i„`. r„rr I SiA r rr 11 r4r4Sr is u, V rr}r,l r rirr (s {S c r r r trA ( r it t r rrf rr 4-riq}rl i frf�r ���� 11', f ti Ilt\r(. f\y'tr n- r (�1,1+ r r S r rrif� r irri jr} ri t ! tr J�rrll t r r, ri rltlj ; �7�4)r�ur$\h11\dr11t3r11\h11\h11\h11\dti11\h11\h11\h11\drb\h11\h11\h11\dr11Sh11\h11\h11\drit�ris tt,,r7,,,rd;,¢r,,,r7,,,t rt,u-� � �uffr,,�� r„�lr}s,t{�+i},�,�i r�' rt,,,r7,,,�d,,it} 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.G. PUBLIC HEARING 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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 June 16, 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 757 of 817 • 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 758 of 817 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 759 of 817 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 760 of 817 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 761 of 817 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 762 of 817 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 763 of 817 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 764 of 817 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S Owners other than Boynton Mall LLC 062. 25 250 375 500 qt EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t ��� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 Elp-pt DUNAY Gary Dunay Ete Zachariade<s Bennie MiskeL Matthew H.Scott F Scutt Backman Christina Bite fnki 00000 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: S 17 MAP LEGEND Mall Property � Pique Preserve N 14 S.E,4th Street,Suite 36, Boca Raton, FF 33437 Fel: [561)405-3300 Fax:t5611 409-3341 wwwAr-nioblaw,corn Page 767 of 817 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 768 of 817 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 769 of 817 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 770 of 817 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 771 of 817 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 772 of 817 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 773 of 817 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 774 of 817 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 775 of 817 M z 0 lip O zoo 61 C) (DLLlo A w 0 0 0 Nw z 0 OM l ,51� I"V Mj q al Ai 110 1,6 n III 7,1 1 oil; M� r: all I No H we .09 1 Ni, ITHITH IN 95, 111�tlllll�l II II�11LI1 II"u, Ag 4,J) "M 2,11mil T fi Ll Al WOO 15 I"T'Mm"',1f,ffi"ag� iSyY lt Jil" 111AINTITIP 4, 1 71 a, MW NO ""ISN 3?V If 4drl qN,Ow"T", Ov 14 TIM ro M-M a CO co Js o CD o< 0 C) C) L) C) Ln oe Ow DO OO 0 0 8 0. z> E � I ��� ; 00000000 - �� � � m � m� e . tj ——————————-- � � �I �� I ill='I � i i ;�tY ,IR l �`� t g'���� M,M M a O l, --—---------------------7 aX11@1,- ","W, , ll�� 5,IN �11�1rrdS �+tt �' � rJ�i i���il�£� i W L---j 'A—) ft.00 ,,RPI7, T' 7 IN, mmm"m w. 0W%s- -—--—--—-- mw 0-0 �g ,,g n j 'AsIR k. Hul �o s 77 p"m )R, io .............. m_-----T IN PEI J-1 SWIM flu 77V F oil i a mum 0 o,�l yr hip fl n "Iftpq Opp, oil gut p a CO o� z o - a m U w °� ° 3aV3`JNIaIIna �'I az oNg<p oz - Q > wz ozw row¢ i Cl)LU 10 +❑ W w mLU <72 LO �000zYz �Qaw U) W C? 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C,3 zQ6 D <c jz 0- O co N < LU C -11 81 R co C) z,7 0, X M (0 Q) In Z Z Z LU Lu o ° eZ3 co-Q 2 q- Q w C',Tj U) A c, m Z) LZ Q) -ZtUUaNaZQU U) ro ro -C3 cu xm 'Zo cu m G cu o �o q z Q) Q) Z (D �1 Q, Q co 2 2 z -2 cc 0 mx cc '0 . 0- + LL LU C0 w C) w U) 0- U) D LU LU � rocw, co zpis o0 < U) 0- Tz, >w 0 0 Uj C)o m n m ax 3 Ir wco�T a_ LU 0- Ir z EXHIBIT "D" Conditions of Approval Project Name: Boynton Beach Mall File number: MPMD 19-004 Reference: 31d review plans identified as a Master Plan Modification with a November 19, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. A traffic approval letter from Palm Beach County Traffic Engineering X is required prior to final approval of the Rezoning and Master Plan amendment. Should the approval letter require changes to the Master Plan, no permits shall be issued until those changes have been completed and approved by staff. 2. A school concurrency approval letter is required prior to final X approval of the Rezoning and Master Plan amendment. Page 782 of 817 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 783 of 817 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 784 of 817 9.A. CITY MANAGER'S REPORT 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Review and discuss staffs report on the City's Home-based Business Regulations and comparison with the Village of Wellington's home-based business standards. Explanation of Request: Businesses conducted from the home have been accommodated and regulated since modern zoning regulations were established by local and county governments. The City's Land Development Regulations defines a "Home Occupation" (a.k.a. home-based business) as"the operation of an individual and/or members of the immediate family conducted inside a dwelling unit within a zoning district that allows for residential uses, when such dwelling unit is the principal use of the property and all the applicable conditions of this Code can be affirmatively evidenced and complied with". The criteria and standards are established to control the characteristics ("performance") of the business to prevent impacts upon the residential environment, as well as to prevent its existence from even being realized within the neighborhood. The regulations are primarily performance-based, in that they regulate the characteristics of the business rather than being zoning-based by specifying the permitted or prohibited uses. The Zoning Matrix, footnote#34, regulates such uses with both objective and subjective standards, including primarily those that address maximum area devoted to the business, the operators of the business (residents only), the equipment or machinery used, use of the home's garage, business signage, and parking and types of vehicles used for the business. In most cases, these regulations are adequate in achieving the intended peaceful co-existence within neighborhoods. However, staff has learned that there are few uses that have associated operational characteristics that create noise or that represent a greater commercial appearance for neighborhood compatibility, warranting the application by staff of additional regulating rules. Such uses would include landscaping contractors with on-site equipment trailers, towing companies, stretch limos, mobile venders, and moving companies. This review, as requested by the City Commission, has prompted a review of these processes for conformance with the standards, or for the possible need for amendments to these standards. In comparison with the regulations of the Village of Wellington, staff describes the most notable differences as follow: The City's LDRs allow a maximum of 20% of the dwelling to be used for the business, verses 15% by Wellington; • Both Cities allow residents of the home to operate the business; however, Wellington also allows one (1) nonresident to support the business. • Boynton allows one (1) commercial vehicle consistent with the City's truck regulations, and Wellington more stringently sets a maximum of two vehicles at the property; • Boynton does not require liability insurance, in contrast with Wellington which requires proof of liability insurance; • The City allows one discreet business sign (non-illuminated, maximum 2 sq. ft.), whereas Wellington's doesn't allow any signage or external evidence of a business; • Wellington's ordinance has several restrictions/provisions on personal instruction, which is attributed to the high equestrian activity at the Village. In summary, the City's requirements for home-based businesses are generally less stringent than Wellington's Page 785 of 817 standards, except for Wellington's provision allowing one non-resident to assist with the business. Staff believes that the City's current standards described above from Zoning Matrix Note#34 are adequate to support a home based business but recommends amending the regulations to allow one non-resident to be a part of the business. 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? Grant Amount: ATTACHMENTS: Type Description Attachment Footnote#34- Home Occupation Standards Page 786 of 817 34. Home Occupation. a. Home occupations shall be permitted subject to these specific regulations designed for the pioi of residential neighborhoods,where all offhe activity takes place within a structure, and where the principal use is for residential purposes.In order for any home occupation to be permitted or continue to be permitted,the following performance standards shall be agreed to in writing by the applicant and be maintained for the duration of the occupaflonal license: (l) Compatibility.The residential character and integrity of the neighborhood must not be disturbed and the occupational activity at the home shall not be noticeable from off the premises. (2) Size. A home occupation shall only be conducted within twenty percent(20%)of the living area of the dwelling including interior halls,closets and storage areas,but excluding garages,screened porches,accessory buildings or any similar space not suited or intended as living quarters. (3) On-site Restrictions. The home occupation shall be conducted at the licensed address only by residents of that dwelling unit and shall only he the type of occupation which does not involve client business visits to the home,and is typified by business transactions conducted by telephone,mail,or off premises of the licensed address.(The giving of individual instruction to one (1)person at a lime,such as an art or piano teacher,shall be deemed a home occupation). (4) Performance Standards,No equipment or process shall be used in a home occupation which creates fumes,glare,noise,odors,vibration,or electrical interference detectable to the normal senses off the lot,if the occupation is conducted in a single-family residence,or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference,no equipment or process shall he used which creates visual or audible interference in any radio or television receivers off the premises. (5) Traffic.No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residenflal neighborhood,and any need for parking generated by the conduct of a home occupation shall be met by off-street parking which complies with Chapter 4,Article V1. (6) Storage.All storage of materials or supplies used in the home occupation shall be done within the living area of the dwelling unit,within the space limitations specified in subsection 2 above and shall not be visible from adjacent residential units.Contractors,liadespeisons and the like shall not use their home garage or yard areas for storage of materials and supplies used in business activities. (7) Signage. No sign or display shall be visible other than a non-illuminated sign,not exceeding two(2)square feet in area,placed on the exterior wall of the residence as close as practical to the front entrance. (8) Parking.A panel,pick-up truck,van,or similar type of truck,not to exceed a one(1)ion chassis configuration,may be parked in a residential zoning distriol.However,such vehicle must he used by a resident of the premises,and no more than one ll i such truck shall be located on each plot. (9) Miscellaneous. A home occupation shall be subject to all business tax provisions defined in Part 11 of the City Code of Ordinances. Page 787 of 817 12.A. LEGAL 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. (Tabled to the June 16, 2020 Commission Meeting.) Staff has an update for the City Commission on this item. See attached correspondence from Florida Textile Recycling (copy of email). Staff recommends removing this item from the table for discussion. Mr. Douglas will be available to speak to the item as well. 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? Page 788 of 817 Grant Amount: ATTACHMENTS: Type Description D Attachment Correspondence from City Attorney to FLSC, LLC D Agreement Resolution and Franchise Agreement D Addendum I\Aemo from Marc Douglas Page 789 of 817 The City ofBounton Beach 01111'1(111'of,THE '1301 P.O. BOX 310 0310 (561) 712-60.70 April 2, 2020 Mark Douglas, Manager Fl-SC, LLC. d/b/a Florida Textile Recycling Program 3911 SW 47th Avenue, Ste. 903 Davie, FL 33314 Re: Franchise Agreement between the City of Boynton Beach and FLSC, LLC for textile Recycling Dear Mr. Douglas: I have been advised, as City Attorney for the City of Boynton Beach, that your company has defaulted in making the franchise fee payments required under the terms of the Franchise Fee Agreement entered into on August 6, 2018. As you know the City has the right to terminate your Agreement with or without a statement of cause. I will bring the default to the attention of the City Commission at its next meeting and request authorization to terminate the Franchise Agreement. It would go a long way to preserve the relationship you intended to form with the City if you make payment prior to the April 21, 2020 Commission meeting so I can advise the City Commission of your good faith effort to comply with the terms of the Agreement. Very truly you -- f James A. Cherof City Attorney JAC/ls cc: Lori LaVerriere, City Manager Mayor and Commission Andre S. Parke, Esquire A-3-fE ICA°s GAIL T A 3-710111TE ��r,�L�{Srz��z ��1 Page 790 of 817 Y i i 1 RESOLUTION NO. R18-058 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLSC, 6 LLC., DBA FLORIDA TEXTILE RECYCLING 7 PROGRAMS, OF DAVIE, FLORIDA FOR A TEXTILE 8 RECYCLING FRANCHISE CITY-WIDE, RFP NO. 009- 9 1210-1.8/IT FOR AN INITIAL THREE (3) YEAR TERM; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS,on March 12,2018 the City opened and tabulated two(2)proposals in 14 response to RFP No. 009-1210-18/IT for Textile Recycling Franchise; and 15 WHEREAS,the proposals were presented to the City Commission on April 3,2018; 16 and 17 WHEREAS, the City Commission approved Option A — Exclusive City-wide 18 Franchise for a textile recycling program; and 19 WHEREAS, the Agreement is a revenue generating Agreement whereby FLSC, 20 LLC.,will pay to the City a fixed monthly fee of$2,000.00 per bin or$100,000.00 annually, 21 whichever is greater,for the exclusive right to implement a Textile Recycling Program City- 22 wide (Option A of the RFP) for a period of three years from the date of execution with an 23 option for an additional three (3)year renewal if deemed in the City's best interest. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Agreement_With_FLSC_For_Textile Recyciing_-_Reso.Doc Page 791 of 81 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign an Agreement with FLSC, LLC., d/b/a Florida Textile Recycling Programs of Davie, 33 Florida for a Textile Recycling Franchise in response to RFP No. 009-1210-18/IT for an 34 initial three (3) year term whereby FLSC shall pay to the City a fixed monthly fee of 35 $2,000.00 per bin or $100,000.00 annually, whichever is greater, for the exclusive right to 36 implement a"Textile Recycling Program City-wide(Option A of the RFP)with an option for 37 an. additional three (3) year renewal if deemed in the City's best interest, a copy of the 38 Agreement is attached hereto as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 17th day of July, 2018. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Christina L. Romelus s 48 ...- 49 Commissioner—Mack McCray 50 51 Commissioner—Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE -5 -0 57 ATTEST: 58 59 `1 60 61 Juditliik Pyle, CMC — 62 City Clerk 63 64 65 (Corporate Seal) ;:\Users\Stanzionet\?.ppdata\Local\Microsoft\Windows\Temporary Internet iles\Content.IE5\TQFSZ5NC\Agreement_With FLSC_For Textile_Recycling_-_Reso.Doc Page 792 of 81 FRANCHISE AGREEMENT Between CITY OF BOYNTON BEACH, FLORIDA and FLSC,LLC for TEXTILE RECYCLING AND COLLECTION This is an Agreement, made and entered into by and between the City of Boynton Beach (the"CITY"), a Florida municipal corporation, 100 E Boynton Beach Blvd., Boynton Beach, FL 33435, and FLSC, LLC, a Florida limited liability company, d/b/a Florida Textile Recycling Programs, hereinafter referred to as ("CONTRACTOR"). CONTRACTOR maintains an office of business at 3911 SW 47 Ave., Suite 903, Davie, FL 33314. WHEREAS, the CITY issued a Request for Proposals for the operation of a Textile Recycling and Collection Franchise; and WHEREAS, the CONTRACTOR, in response to the RFP (009-1210-18/IT), submitted a proposal which was relied upon by the CITY in selecting the CONTRACTOR to operate the Textile Recycling and Collection Franchise; and WHEREAS,the CITY desires to enter into an agreement with the CONTRACTOR under the terms and conditions of the Agreement as contained herein; and NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows SECTION 1: AGREEMENT 1.1 TERM OF FRANCHISE AGREEMENT This Agreement shall be for a period of three (3)years commencing on the date the Agreement is executed by the CITY. The City of Boynton Beach may extend the contract with the same terms and conditions for an additional three(3)year renewal term subject to vendor acceptance,satisfactory performance,and determination that renewal will be in the best interest of the CITY. 1.2 FRANCHISE The CONTRACTOR shall for the term of the Contract have the exclusive franchise and the sole obligation to operate and maintain a comprehensive Textile Recycling and Collection program including the provision, placement, and maintenance of Textile Recycling Collection Bins in and upon approved properties identified and specified in this Contract.No other services shall be exclusive to the CONTRACTOR. The Contract specifically excludes the collection of Recovered Textile Materials from Commercial Service Units in the Service Area in compliance with the requirements 1 Page 793 of 817 for a local government found in §403.7046(3)F.S. (2014) and as may be amended from time to time.The Contract shall also exclude the location of textile recycling collection bins on properties utilized for the sole purpose of operating K-12" grade schools or properties utilized owned by churches and utilized for the sole purpose of operating churches; subject to the condition that all textile recycling collection bins located on church properties shall be owned and operated by the church and all revenue derived from the textile recycling collection bins shall inure to the church. The CONTRACTOR is authorized by the CITY to enter in and upon public property, in upon over and across the present and future streets,alleys, bridges, easements and other public places of the CITY for the purposes of collecting the Recyclable Textiles within the municipal corporate limits of the CITY, or as directed in conformance with Ordinances and other applicable law. The CITY shall assist CONTRACTOR in enforcing the exclusivity of this Contract. In the event that the CONTRACTOR determines that a commercial establishment has not contracted with a City-registered Recoverable Hauler for textile recycling collection, CONTRACTOR shall notify the CITY. The CITY shall notify the commercial establishment to cure the noncompliance. If the noncompliance is not cured within five (5)work days, the CITY may file an appropriate code enforcement action before the City of Boynton Beach Code Enforcement Special Magistrate, or use any other suitable iegai remedy applicable thereto as determined by the CITY. 1.3 TIME FOR PERFORMANCE Work under this Agreement shall commence on October 1, 2018("WORK COMMENCEMENT DATE"), sixty days from the date of execution of this Agreement. CONTRACTOR shall perform all services and provide all work product required pursuant to this Agreement upon WORK COMMENCEMENT DATE. SECTION 2: DEFINITIONS For the purpose of this Agreement, the definitions contained in this Section shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Section,the definition of such word or phrase as contained in the Code of the CITY shall apply. To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail. Definitions contained herein shall not be interpreted to require the CONTRACTORto undertake any conduct contraryto federal,state,or local law. When consistent with the context,words used in the present tense shall include the future, words in the plural shall include the singular,and use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. A. Advertisina shall mean any CITY-approved written communication for the purpose of promoting the City's Textile Recycling Service Program either in 2 Page 794 of 817 a written advertisement upon one of the CONTRACTOR's recycling bins, advertisement on the CONTRACTOR's or CITY's website,or by use of any other promotional device previously approved by the City. The CONTRACTOR's name in which it is doing business and written communication as specified in the Contract or written communication as directed by the City Manager or his/her designated representative(s),shall not be considered Advertising. B. Agreement shall mean this Exclusive Franchise Agreement for establishing and operating a Textile Recycling and Collection program in the CITY. C. Aoolicable Law shall mean any city, State of Florida, or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive or policy which is in effect, enacted, promulgated, issued or enforced by a court, administrative hearing officer or before a governmental body, during the term of this Contract, and related in any manner to the performance of the CITY or CONTRACTOR under this Contract. D. CITY shall mean the City of Boynton Beach, Palm Beach County, Florida. E. City Manager shall mean the City Manager of the CITY, or his/her designated representative(s). F. city Commission shall mean the CITY Commission of the CITY. G. Collection shall mean the process whereby Textile Recyclables dropped off, delivered, quantified, removed and transported from CONTRACTOR recycling bins,trucks and other collection points. H. Collection Bin shall mean any metal receptacle,with a defined capacity equal to a maximum of 800 pounds designed or intended to be manually dumped into a loader-packer type collection truck. All such Containers must be clearly marked in a manner that identifies it as a Textile Recycling receptacle (a/k/a collection receptacle) so as to prohibit their use for the disposal of other solid waste, medical waste, hazardous waste or foreign objects. The receptacle shall display the CITY logo and CONTRACTOR information, including the name, telephone number, and physical address of the business. CONTRACTOR shall put the following statement on each collection receptacle: "This is not a charity. Textile recycling collections made here support a for-profit business and are not tax deductible." In addition, these containers shall include a notification system that will help limit the number of container pickups. The quantity,style and color(s)of the Textile Recycling Collection Receptacles shall be approved by the City Manager or his/her designated representative(s). See Exhibit A. 3 Page 795 of 817 I. Community Events shall mean events sponsored or co-sponsored by the CITY and CONTRACTOR. J. Contract Administrator shall mean the CITY employee designated by the City Manager to be the CITY's official representative,or if no such party shall thereby be so designated, it may be the City Manager, regarding matters pertaining to this Contract. K. Contract Year shall begin on [DATE] at 12:00 a.m., EST, through [DATE] at 11:59p.m., EST. Each subsequent year shall begin on October I and end on [DATE]. L. CONTRACTOR shall mean the person or entity named above that has entered into this Contract to provide and manage the Textile Recycling and Collection Program described herein for the Service Area. M. County shall mean Palm Beach County, Florida N. Day Bin Trucks shall mean 18 foot trucks that are utilized to pick up textiles from collection bins and may be utilized to ensure cleanliness at high volume locations as long as they are attended, limited in operation to 9:00 AM- 5:00 PM daily, and must be removed from each high volume site daily. O. Franchise Fee shall mean the revenues paid from the CONTRACTOR to the CITY for the right to the textile recycling and collection franchise. P. Gross Revenues shall mean all revenues collected by the CONTRACTOR,from any source whatsoever, arising from, attributable to or in any way derived from the Textile Recycling services it provides pursuant to this Contract. Qr Hazardous Waste shall mean Solid Waste, or a combination of Solid Wastes, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed; any waste, substance, object or material deemed hazardous under: (i) Section403.703, Florida Statutes; (ii) RCRA, 42 U.S.C.A §6901 et seq.; (iii) CERCLA, 42 U.S.C.A. § 9601 et seq; (iv) Toxic Substances Control Act, 15 US.C. §2607, et seq., and in each case, applicable regulations promulgated thereunder. The term does not include human remains that are disposed of by persons licensed under Chapter 470,Florida Statutes. R. Ordinance shall mean those parts of the code of the CITY governing 4 Page 796 of 817 Textile Collection,Disposal and Recycling activities within the CITY. S. Recovered Materials shall mean those materials meeting the statutory definition set forth in F.S. 403.7046. Recovered Materials that meet the statutory definition are metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Construction and Demolition Debris is not Recovered Materials. T. Recyclable Materials shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste.Textiles, for purposes of this exclusive franchise agreement, are Recyclable Materials to be collected by the CONTRACTOR under the parameters of this contract. Other known Recyclables shall include all materials that are accepted by a Designated Recycling Facility. These materials may be re- defined by the CITY from time-to-time, at the sole discretion of the CITY. U. Recycling shall mean any process by which materials which would otherwise have been Solid Waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. The recycling process shall include the Textile Recycling program undertaken by the CITY through its exclusive franchise agreement with the CONTRACTOR, with the intent of redistributing textiles for reuse, return to use and for avoidance of landfill depletion. V. Service Area shall mean the municipal limits of the CITY. W. Unacceptable Waste shall refer to (a) Solid Waste; (b) Construction and Demolition Debris (c) Recoverable items other than Textiles (d) Hazardous Wastes, cleaning fluids, hazardous paints, acids, caustics, poisons, radioactive materials, fine powdery earth used to filter cleaning fluid, and refuse of similar nature; (e) any controlled substances regulated under the Controlled Substances Act, 21 USC 801 et seq., or any equivalent state law; (f) and, all other items of waste which the CONTRACTOR reasonably believes would be likely to pose a threat to public health or safety or the acceptance and disposal of which may cause damage to the Designated Textile Recycling Facility or that which may be in violation of any judicial decision, order, action, permit, authorization, license, approval or registration of any federal, state or local government or any agency thereof, or any other regulatory authority or applicable law or regulations. SECTION 3: SCOPE OF SERVICES TO BE PROVIDED TO THE CITY 5 Page 797 of 817 The CONTRACTOR shall provide the services identified in Section Ii-Scope of Services and attached hereto as Exhibit"A", Option A- Exclusive City-Wide Franchise Program. 3.1 FRANCHISE SERVICES The CITY hereby grants the CONTRACTOR the right to erect, place, maintain, and install CITY approved textile recycling collection bins at CITY-owned or private properties as approved by the CITY. 3.2 COLLECTION BIN LOCATIONS Upon contract execution, CONTRACTOR shall have the right to erect 50 collection bins, in consideration for the annual Franchise Fee (12000 per bin per year or $100,000.00 per year whichever is greater"), at high volume locations,on approved CITY or private properties. The City Manager or his/her designated representative(s) must approve of all proposed containers prior to placement. The day bin trucks shall be utilized at a maximum of 4 high volume locations and may be in operation from 9:OOAM- 5:00PM daily. These trucks must be attended and removed daily. No overnight parking is permitted. The City Manager or his/her designated representative(s)reserves the right to deny the CONTRACTOR's collection bins access to certain public lands inside the CITY where it is in the best interest of the general public to do so due to conditions of such areas, including aesthetics, streets and traffic flow. The CONTRACTOR shall use best efforts to not interrupt the quality of life for any residents. No collection of any Textile Recycling Collection Bin may be undertaken before 7:OOA.M. or after 7:OOP.M. on any week day and no collection may occur on any Saturday, Sunday or Holiday. CONTRACTOR may seek exemption for collection regulations found herein from the City Manager or his/her designee if it can be shown that no deleterious impact upon Boynton Beach residents will occur. Priorto its placement of aTextile Recycling Collection Bin on a CITY-OWNED property, CONTRACTOR shall request and receive the written approval of the CITY for any Public Property location placement; Prior to the placement of any Textile Recycling Collection Bin on privately-owned property, the CONTRACTOR shall submit written authorization from the Private Property Owner permitting said placement that shall be submitted to the CITY prior to the approval of any private property location. 3.3 COLLECTION BIN INSTALLATION, MAINTENANCE AND REMOVAL All costs and expenses associated with the installation,removal,replacement,repair, 5 Page 798 of 817 maintenance, and general overall appearance including labor and materials, of collection bins, pursuant to this Agreement shall be borne solely by CONTRACTOR. Installation and placement of all collection bins shall comply with all Federal, State, and Local rules and regulations; this shall include compliance with the Americans with Disabilities Act and applicable Florida Department of Transportation (FDOT) regulations. CONTRACTOR shall install, maintain,and keep in good repair any and all such units that are placed in the CITY.Vandalized or otherwise damaged collection bin shall be replaced or repaired within seventy-two(72) hours. CITY agrees to issue a Master Permit for all collection bins and any other appurtenances that are part of the installations covered by this Agreement.All CITY inspections of said installations shall be scheduled by CONTRACTOR for each bin and be required to meet CITY Code and/or other applicable laws. At all times, CONTRACTOR shall maintain the units in a safe condition and shall make regular inspections at least two (2) times per week to ascertain that all units are safe and in good condition. CONTRACTOR shall maintain each unit in a good state of repair and appearance, and shall keep the surrounding area free of debris, and other rubbish. CONTRACTOR has seventy- two (72) hours to inspect, repair, and make safe any faulty unit that is reported or discovered during regular inspection. CONTRACTOR shall use goad faith efforts to remove debris in an area ten (10) feet from each side of the shelter. CITY shall have the right to request removal and/or the relocation of a unit if the continued maintenance at the location concerned, will obstruct traffic or create a hazard to the public safety,welfare or convenience. CONTRACTOR shall remove all CONTRACTOR owned property at the conclusion of the term of this Agreement, in the event that the Agreement is not extended. If CONTRACTOR fails to remove said property, within sixty (60) days of the date if the expiration of the Agreement the CITY shall have the right to accomplish said removal,with CONTRACTOR indemnifying the CITY and agreeing to reimburse CITY for all costs incurred for the removal. In an Emergency event such as a hurricane warning, tornado, major storm, natural disaster, or other such event, the City Manager or his/her designated representative(s)shall request that the CONTRACTOR remove all existing Textile Recycling Collection Bins to a pre- approved location in CITY or at an existing safe storage facility provided by the CONTRACTOR. 7 Page 799 of 817 SECTION 4:FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees !Payments shall be paid as follows: Except for year one which will be prorated,CONTRACTOR will pay annually to the CITY $2,000.00 per bin as Guaranteed Annual Revenue or $100,000.00 whicever is greater. Guaranteed Annual Revenue will be paid on a monthly basis in the amount of $8,333.33 per month during the Term of this Agreement, with the first payment being due on-_ (`Fee Commencement Date'),ninety days following the execution of this Agreement. Payment shall thereafter be made on the 10th day of each successive month. Commencing [DATE] and yearly thereafter, the guaranteed revenue stated above, will be adjusted in accordance with the Consumer Price Index- All Urban Consumers' (Series IDCUURA320SAO and CUUSA320SAO) for Miami-Fort Lauderdale as published by the US Department of Labor, Bureau of Labor Statistics, or successor agency. If the agreement is terminated the parties agree that any payments due, will be prorated to the actual termination date. 4.2 CONTRACTOR GOODWILL The CONTRACTOR agrees to work with the CITY to hold two (2) clothing and shoe drives not to exceed one (1) week per drive to benefit the CITY. Revenue received by the CITY will be earmarked for education, safety or as otherwise directed by the CITY Commission. The CONTRACTOR shall provide advertising, vehicles and personnel subject to the CITY's approval. The CITY shall provide the collection locations for these drives. CONTRACTOR will pay to the CITY $.10 per pound of Textile recyclables collected during any such drives. The CONTRACTOR agrees to provide vouchers totaling $5,000 annually in increments of $25.00 each at a location of the City's choosing for the City's community endowment recipients at the City's choosing. 4.3 AUDITING The CITY requests that the CONTRACTOR maintain monthly logs of the following substantive data: 1. Collection bins to be identified by site location; 2. Dates of collection from each collection bin; 8 Page 800 of 817 3. Cumulative weight of respective bins during and at end of month; 4. Collective total weight tallied by monthly collections of CONTRACTOR CITY may inspect and audit, or retain an independent third party to inspect and audit any and all books and records of the CONTRACTOR relevant to the computation of the Textile Recyclable program collection total weight statistics, and may re-compute any amounts determined to be payable under this Contract. CONTRACTOR shall preserve and make 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 Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. All books and records of the CONTRACTOR relevant to the determination of textile recyclable franchise or associated fees due shall reside in the County. The cost of the audit will be borne by the CONTRACTOR, if as a result of the audit, the CITY determines that the CONTRACTOR has underpaid the textile recyclable payments owed in any amount. 4.4 METHOD OF BILLING AND PAYMENT Any and all payments to the CITY shall be made payable to the following address: CITY OF BOYNTON BEACH ATTN: Finance Director P.O. Box 310 Boynton Beach, FL 33425 4.5 FAVORED NATION in the event that the CONTRACTOR subsequently enters into an agreement for a term of more than 12 months (including renewal and option periods) for a textile recycling franchise with a governmental agency anywhere within Palm Beach County of comparable population size (within 10% of Boynton Beach's Current Population) or less and under contract terms (an "Eligible Agreement"), the CONTRACTOR shall provide the CITY with a copy of the Eligible Agreement within 60 calendar days of execution thereof. If the CITY determines that the Eligible Agreement includes revenues that exceed the revenues as set forth herein, the CITY may provide written notice to CONTRACTOR of CITY's determination, and, if the CITY does so,the CITY's revenue shall automatically be increase to match the revenues of the Eligible Agreement and shall commence to be paid within 60 calendar days after written notice from the CITY of any such increase due was mailed by the CITY to the CONTRACTOR. SECTION 5• INSURANCE AND INDEMINIFICATION POLICY 5.1 INSURANCE 9 Page 801 of 817 CONTRACTOR shall at all times during the agreement, maintain a comprehensive general liability policy as set forth: CONTRACTOR agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverages,limits, including endorsements described herein. The requirements contained herein, as well as CITY's review or acceptance of insurance maintained by CONTRACTOR is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CONTRACTOR under this contract. Commercial General Liability CONTRACTOR agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Coverage shall not contain any endorsements) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Worker's Compensation Insurance & Employers Liability CONTRACTOR agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. Additional Insured CONTRACTOR agrees to endorse CITY as an Additional Insured with a CG 2026 07 04 Additional - Insured -Designated Person or Organization endorsement or CG 20 1 0 19 0 1 Additional Insured- Owners, Lessees, or Contractors-Scheduled Person or Organization or CG 2010 07 04 Additional Insured - Owners, Lessees, or Contractors - Scheduled Person or organization in combination with CO 2037 07 04 Additional Insured - Owners. Lessees Contractors- Completed Operations, or similar endorsements, to the Commercial General Liability.The Additional Insured shall read"City of Boynton Beach." Waiver of Subrogation CONTRACTOR agrees by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit CONTRACTOR to enter into an pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and request the policy 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 specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. Certificate(s) of Insurance CONTRACTOR agrees to provide CITY a Certificate(s) of Insurance evidencing that all coverages, limits,and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal coverage.The Certificate Halder address shall read: City of Boynton Beach HR Risk Manager P.O. Box 310 10 Page 802 of 817 Boynton Beach, FL 33425 Umbrella or Excess Liability. CONTRACTOR may satisfy the minimum liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest"Each Occurrence"limit for either Commercial General Liability or Business Auto Liability. CONTRACTOR agrees to endorse CITY as an "Additional Insured"on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a"Follow-Form" basis. Right to Revise or Reject. CITY reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein.Additionally,CITY reserves the right,but not the obligation,to review and reject any insurer providing coverage due to its poor financial condition or failure to operating legally. Business Automobile Liability Insurance. CONTRACTOR agrees to provide minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy,without restrictive endorsement,as filed bythe Insurance Services Office and must include: • Owned vehicles • Hired and non-owned vehicles • Employers' non-ownership if no automobiles are owned by the CONTRACTOR,a statement to that extent will be provided to the CITY. Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide CITY with thirty (30) days' notice of cancellation and/or restriction. 5.2 PROPERTY DAMAGE The CONTRACTOR shall be responsible for the repair or replacement,if repair is not adequate of any damages to public or private property during the provision of Textile Recycling collection service caused by the CONTRACTOR or the CONTRACTOR's representative. The CONTRACTOR shall notify the City Manager or his/her designee of any reports by CITY citizens or CONTRACTOR employees of property damage within twenty-four (24) hours of occurrence or report. 5.3 INDEMNIFICATION To the extent of its negligence or other fault, the CONTRACTOR shall indemnify, 11 Page 803 of 817 defend and hold harmless the CITY and its elected officials, appointed officials, employees and other agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the CONTRACTOR or its employees,agents or sub-contractors(collectively referred to as "CONTRACTOR"), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence(whether active or passive)of the Indemnities,or any of them or (ii) the failure of the CONTRACTOR to comply with any of the paragraphs herein or the failure of the CONTRACTOR to conform to statutes, ordinances,or other regulations or requirements of any governmental authority, federal, state, or local, in connection with the performance of this Contract. The CONTRACTOR expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of the CONTRACTOR, as provided above,for which the CONTRACTOR's liability to such employee would otl;erwise be limited to payments under State Worker's Compensation or similar laws. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY or any party entitled thereto nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this agreement or any other contract.The City of Boynton Beach is a State political subdivision as defined in Chapter 768.28 F.S. and is entitled to the immunity afforded therein.(See Exhibit C) SECTION 6:TERMINATION This Agreement may be terminated with or without cause by the City Commission upon ninety(90) days' prior written notice to the CONTRACTOR, provided however, that for the first sixty(60) days of this Agreement,the CITY may only terminate this Agreement for cause. Thereafter, the CITY may terminate with or without cause. Upon termination,CONTRACTOR shall be obligated to removal of any and all textile collection bins within the CITY. The Agreement may be terminated for cause by the aggrieved party if the party in material breach has not corrected the breach within thirty(30)calendar days after written notice from the aggrieved party identifying the breach and the parties agree that a breach has occurred.All Articles in this contract are material and a breach of any Article shall be grounds for termination for cause. Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager,which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES"section of this agreement. 12 Page 804 of 817 SECTION 7: PUBLIC ENTITY CRIME ACT CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a CONTRACTOR, consultant, or other provider and 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 CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. violation of this section shall result in termination of this Agreement and recovery of all monies paid by CITY pursuant to this Agreement, and may result in debarment from CITY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination., based on an audit,that it committed an act defined by Section 287.133; Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime' regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. SECTION 8: INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its subcontractors or agents shall act as officers, employees, or agents of CITY. No partnership, joint venture, or other joint relationship is created hereby. CITY does not extend to CONTRACTOR or CONTRACTOR's subcontractors or agents any authority of any kind to bind CITY in any respect whatsoever. SECTION 9•THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. SECTION 10.ASSIGNMENT AND PERFORMANCE 13 Page 805 of 817 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. CITY may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by CONTRACTOR of this Agreement or any right or interest herein without CITY's written consent, irrespective of any termination procedures identified herein. CONTRACTOR represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner.The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. SECTION 11: CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. In the event CONTRACTOR is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as CONTRACTOR. SECTION 12• MATERIALITY AND WAIVER OF BREACH CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is,therefore, a material term hereof. CITY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. SECTION 13• COMPLIANCE WITH LAWS CONTRACTOR shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and 14 Page 806 of 817 obligations pursuant to this Agreement. SECTION 14:SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. SECTION 15• IOINT PREPARATION Each party and its respective legal counsel(s) have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort.The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. SECTION 16: IURISDICTION VENUE WAIVER OF IURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the CITY pursuant to Section 768.28 Florida Statutes. SECTION 17 REQUISITE FORMALITY OF FUTURE MODIFICATIONS_FTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the CITY and CONTRACTOR or others delegated authority to or otherwise authorized to execute same on their behalf. 15 Page 807 of 817 SECTION 18•PRIOR AGREEMENTS SUPERSEDED This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment,agreement,or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. SECTION 19;INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits and whereas clauses are hereby incorporated into and made a part of this Agreement. SECTION 20•REPRESENTATION OF AUTHORITY Each individual executing this Agreement 'on behalf of a party hereto hereby represents and warrants that he or she is,on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. SECTION 21: NOTICE Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission to the receiving party, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this Section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: As to CITY: Lori LaVerriere, City Manager City of Boynton Beach PO Box 310. Boynton Beach, Florida 33425 Copy to: 16 Page 808 of 817 Jim Cherof CITY Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 As to CONTRACTOR: Marc Douglas Manager FLSC,LLC 3911 SW 47 Ave. Suite 903 Davie, FL 33314 Andre S. Parke Sachs Sax Caplan 6111 Broken Sound Parkway NW Boca Raton, FL 33487 IN WITNESS WHEREOF,the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed hereon,the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA Attest: j' � f Judi A P le, CMC', City Clerk Lori LaVerriere, City Manager J y 60 day of OL- 2018 Approved a to f r and legality by Office of CI ttorney By: --- -------- ------ ---------- Ja es A. Ch rof Attorney 17 el Page 809 of 817 ( CON ACTOR WITNESSES: FLSC, LLC Signature Print Name Lang -title rint Name and Title day o> -j --- ----- 2018 /&day of---���----- 2018 --= ---- ------------------- S' ature —1-----�------------=---------------- Print Name and Title day of--J`_,-- ------, 2018 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to ad mi ter oaths and take ackftledgments, personally appeared AiVK _ as - ---- of __ � _ and organization authoWized to do busi_ ness in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of ------------------ for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me, or has produced ----------------- as identification. IN WITNESS OF THE FOREGOING, I avZ;p icial seal in the State his _ _ da018. NotaryPuWic-State ofFlw' n=GGt3tt45 Mycomm.Fxoues2021 —NOTAR My Com�missio�n Expires ss Page 810 of 817 i I 1 RESOLUTION NO. R18-058 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLSC, 6 LLC., DBA FLORIDA TEXTILE RECYCLING 7 PROGRAMS, OF DAVIE, FLORIDA FOR A TEXTILE 8 RECYCLING FRANCHISE CITY-WIDE, RFP NO. 009- 9 1210-181IT FOR AN INITIAL THREE (3)YEAR TERM; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS,on March 12,2018 the City opened and tabulated two(2)proposals in 14 response to RFP No.009-1210-18/IT'for Textile Recycling Franchise;and 15 WHEREAS,the proposals were presented to the City Commission on April 3,2018; 16 and 17 WHEREAS, the City Commission approved Option A — Exclusive City-wide 18 Franchise for a textile recycling program;and 19 WHEREAS,the Agreement is a revenue generating Agreement whereby FLSC, 20 LLC.,will pay to the City a fixed monthly fee of$2,000.00 per bin or$100,000.00 annually, 21 whichever is greater,for the exclusive right to implement a Textile Recycling Program City- 22 wide(Option A of the RFP)for a period of three years from the date of execution with an 23 option for an additional three(3)year renewal if deemed in the City's best interest. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 26 27 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to :\Users\Stanzionet\AppdataUL al\Microsot..Windows?Temporary Internet Files\Content.[E5\52FYTEOE1Agreement_With FLSC For_Textile_Recyciing_-_Reso.Doe Page 811 of 817 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign an Agreement with FLSC.LLC.,dlb/a Florida Textile Recycling Programs of Davie, 33 Florida for a Textile Recycling Franchise in response to RFP No. 009-1210-18/IT for an 34 initial three (3)year term whereby FLSC shall pay to the City a fixed monthly fee of 35 $2,000.00 per bin or$100,000.00 annually,whichever is greater,for the exclusive right to 36 implement a Textile Recycling Program City-wide(Option A of the RFP)with an option for 37 an additional three (3)year renewal if deemed in the City's best interest, a copy of the 38 Agreement is attached hereto as Exhibit"A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 17`h day of July,2018. 41 CITY OF BOYNTON BEACH,FLORIDA 42 43 YES NO 44 45 Mayor—Steven B.Grant 46 47 Vice Mayor—Christina L.Romelus v 48 49 Commissioner—Mack McCray 50 51 Commissioner--Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE 57 ATTEST: 58 59 60 - 61 Judith; Pyle,CMC 62 City,Clerk 63 64 65 (Corporate Seal) :BUsenStanzionet\Appdata\Loml\Microsoft\Windows\Temporary Internet iles\Cwwiit.IL5\TQFSZ5NCvlgreement_W ith_FLSC_For_Textile_Recyeiin�_Reso.Doc Page 812 of 817 LaVerriere, Lori From: Marc Douglas <marc@clothesbinfranchise.com> Sent: Tuesday, May 12, 2020 4:51 PM To: LaVerriere, Lori;Groff, Colin Ce: Nick Boariu Subject: Textile Recycling Program Boynton Beach Hi Lori, Thank you again for the time on the phone last week & the understanding of all the challenges we have had since the beginning & also the willingness to work with us in order to continue the program with a much smaller footprint. As we discussed we have had numerous documented issues with getting locations approved. This was mainly due to sight visibility issues required by the program and certain site requirements that the City mandated property owners comply with prior to hosting the bins. We were also asked to move bins previously approved by the City and we willing complied with those requests. However, due to regulatory nuances in the codes or code requirements (setback, buffe(ng), the program did not reach anywhere near its anticipated level of participation & has been a losing proposition. We presently have 15 total bins on the street at 9 bin locations &we propose to continue the program with a maximum of up to 15 bin locations, however only pay for those bin locations that are on the properties the prior month. With the fact that city issues can arise, property owners can change their minds on a whim & ask us to remove bins, or their corporate office decide after 5 years of great service to not permit bins at the locations any longer as what recently happened to us in Davie are just a few of the ongoing challenges we have. In addition with Covid-19 lingering around for some time we are not sure how the bins will perform or where we will be six months from now. We would propose to pay $2000 per year per bin location for the remainder of the contract. As for the prior monies owed we are waiting on some government monies that should come through within the next 30 days & propose to offer a settlement of $31,607.30, with an initial payment of 50% or $15,833.65 & the balance to be added into the monthly payments going forward. Please feel free to give me a call to discuss. Thank you. Best regards, Marc Fill The Bins, Marc Douglas i Page 813 of 817 13.A. FUTURE AGENDA ITEMS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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 814 of 817 13.B. FUTURE AGENDA ITEMS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 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: Page 815 of 817 13.C. FUTURE AGENDA ITEMS 6/2/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/2/2020 Requested Action by Commission: Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning: (1)Article III. Zoning Districts and Overlays, Section 1.13. and Sections 2.0 and 2.E., to set maximum building height consistent with Single-Family regulations and to modify development standards for selected non-conforming lots; and (2)Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental and to allow Professional &Technical Schools in Industrial (1) pods within Quantum Park, and to allow Self-Service Storage in the C-4 zoning district; and (3)Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria, and to add Section 3.AA, In-ground Storm Shelters. - June 16, 2020 Explanation of Request: Proposed changes to the Land Development Regulations include: Maximum Building Height in Single and Two-Family (R-2) Residential Zoning District • Staff recommends changing the maximum allowable building height for the R-2 zoning district from 25 feet to 30 feet to achieve consistency with the single-family zoning districts. The maximum building height for a single family home in the single family zoning districts was increased from 25 feet to 30 feet in the 1990's. It was likely an oversight that the R-2 district was excluded from this amendment. Single-family homes are allowed within the R-2 district, and its logical that single family homes and duplexes should be regulated uniformly. Swimming Pools Located Within Front and Corner Side Yard Setbacks • Staff proposes to allow pools to be constructed within the front or corner side yard for homes on corner lots, where spatial constraints would preclude construction of a pool in the requisite rear or interior side yard. Pools would have to be setback a minimum of 15 feet from the front or side corner property lines and screened with a minimum 4-foot tall opaque fence, wall or landscape buffer; no screen enclosures would be permitted. Automobile Rental Locations • Staff proposes to add this use to additional commercial zoning districts such as the C-3 District which commonly consists of large shopping plazas and power centers that may be able sacrifice the parking spaces needed for the rental fleet. Operational criteria will include the requirement that the use be located on properties at major road intersections. Any outdoor vehicle storage on site will require Conditional Use approval. In-ground Storm Shelters • Staff proposes in-ground storm shelter regulations for residents who, rather than fortify the exterior of their residence or construct safe rooms within the home, prefer to utilize an in-ground storm shelter as their means of protection. With South Florida being prone to hurricane strikes, and the tornadoes spawned by them, this type of shelter can provide another form of protection. Staff decided to draft this code amendment following several inquiries by a property owner who is very interested in adding a shelter to his back yard. Currently, the LDRs are void of such regulations. Self-Service Storage Locations • Staff proposes to expand the permitted locations for Self-Service Storage businesses by adding this Page 816 of 817 use to C-4 General Commercial zoning district, except on locations that front an arterial road. Currently, the use is permitted within the Industrial zoning district (M-1) and conditionally permitted within four (4) other zoning districts. Professional &Technical Schools Locations • This amendment would expand the permitted locations for Professional & Technical Schools within the PID (Planned Industrial District) to lots that have an Industrial (1) land use option within Quantum Park. Nonconforming Lots Standards • Staffs Housing Work Group continues to evaluate the City's regulations and processes for opportunities to eliminate barriers to construction of affordable and workforce housing, and now forwards for consideration this code change that targets a group of non-conforming lots within some of the older neighborhoods in the City. Left as either remnants from prior lot splits, or were vacated after regulations increased leaving them currently unbuildable due to current deficient lot size or frontage requirements. In order to allow single-family residences to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, as well minimum livable area. Not only would the amendments create buildable lots, but they would allow for the construction of small, and even more affordable houses. This amendment furthers the City's goal of increasing the inventory of attainable housing. How will this affect city programs or services? No impact on programs or services Fiscal Impact: No fiscal impact Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: Page 817 of 817