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Agenda 08-19-20 The City of Boynton Beach City Commission Agenda Wednesday, August 19, 2020, 5:30 PM GoToWebinar Online Meeting and City Hall Community Room, 100 E. Ocean Avenue 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 Pagel of 1128 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 August 19, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Page 2 of 1128 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 that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1128 1. Openings A. Call to Order - Mayor Steven B. Grant I nvocation by Pastor Amalie Ash of First Presbyterian Church 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. Presentation of the 21st annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. B. Proclaim August 31, 2020 as International Overdose Awareness Day. C. Proclamation encouraging all citizens to honor June 19 through August 25, 2020, as a period of reflection, cultural and public education, earnest assessment, planning, and commitment to end systemic racism and all forms of dehumanization which threaten equality and freedom for all. D. Announcement of Flag Distribution Events to be held in September by Eleanor Krusell, Public Communications & Marketing Director. E. Dr. Adam Miller, Director of Educational Technology, and James Gavrilos, President & CEO, Education Foundation of PBC, will give a presentation on the Digital Inclusion Initiative. F. * Regular Commission Meeting on Tuesday, September 1st, 2020 at 5:30pm (Location TBD) * Tuesday, September 8th at 5:30pm— First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (Location TBD) * Regular Commission Meeting on Tuesday, September 15th, 2020 at 5:30pm (Location TBD) * Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (Location TBD) 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for Page 4 of 1128 "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. Accept the written report to the Commission for purchases over $10,000 for the month of June 2020. B. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY19/20. C. Approve and authorize the issuance of a purchase order in the amount of$16,900 to TranSystems Corporation by utilizing the Florida Department of Transportation (FDOT) Contract#C-A548 for a total expenditure of$45,800. The FDOT contract satisfies the City's procurement requirements. D. Proposed Resolution No. R20-080- Approve Award of and authorize the City Manager to sign the EQUIPMENT LEASE AGREEMENT between Tanner Industries, Inc. ("Lessor") and The City of Boynton Beach ("Lessee"). E. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for August 19, 2020 - "Request for Extensions and/or Piggybacks." F. Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. G. Proposed Resolution No. R20-081 - Approve and authorize the City Manager to execute the first amendment to the Pay for Parking Services Agreement between the City of Boynton Beach and Parkmobile. H. Proposed Resolution No. R20-082- Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their July 27, 2020 meeting and give authorization to do the following: 1. Establish wastewater user rate at 1.11/1,000 Gal (O&M rate of $1.06/1,000 Gal and R&R Reserves Rate of $0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2020/2021; 2. Establish reclaim user rate at$0.18/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2020/2021; 3. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2020/2021; 4. Accept the 2020/2021 Wastewater and Reclaim O&M Budgets. I. Review of legal invoices. No action by Commission. J. Approve minutes from the City Commission budget workshop/special meeting on July 13, 2020 and the City Commission meeting on August 4, 2020. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Approve the employee group insurance plan renewals and recommended employer subsidies for FY20-21 and authorize City Manager to sign any required documents. B. Proposed Resolution No. R20-083- Authorize the City Manager to sign the proposal for the purchase of 2 Diesel Generators from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum of $687,644.00 through the national Sourcewell Contract #120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. C. Proposed Resolution No. R20-084-Approve an Interlocal Agreement with Palm Beach County for required water main adjustments and associated utility work for the intersection improvements at Gateway Boulevard and High Ridge Road. The total construction amount for the City's portion is$164,131.81, which includes 20% contingency. D. Proposed Resolution No. R20-085- Approve utilizing the Polk County bid for utilities Page 5 of 1128 construction services (BVP #14-156) with Killebrew, Inc. of Lakeland , FL and authorize the city manager or designee to issue a purchase order for work that includes directional boring a 8" pre- chlorinated potable water main to connect to existing water distribution system in Half Moon Bay (Hypoluxo), plus a second connection to an existing watermain on Hypoluxo Road, in the amount of $260,597.55 plus a 10% contingency of $26,059.75 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$286,657.30. E. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for August 19, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." F. Approve Purchase of Furniture from J CW hite Architectural Interior Products for a not to exceed price of$184,575.37 for the Cultural Center and a not to exceed price of$140,626.55 for City Hall utilizing Florida State Contract: #425-001-12-1 &#56120000-19-ACS. 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 20-029 - Second Reading Approve request for Abandonment of a portion of a ten (10) foot wide Utility Easement (ABAN 20-008) located at 2735 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD. Applicant: David LaMaster B. Proposed Ordinance 20-030 - Second Reading - Adoption of an ordinance allowing for virtual City Commission meetings by communication media technology. (The City Attorney is requesting to table this agenda item.) 9. City Manager's Report A. Hear a presentation of the proposed City Hall Innovation Centre and Hospitality Amenities solicitation(s) by Mark Hefferin, President, E2L Real Estate Solutions and provide direction. B. Discuss direction to City staff for the 2021 International Kinetic Art Exhibit and possibly consider Resolution No. R20-086 -Authorizing the City Manager to sign a proposal and purchase order for Zucker & Lewis Media Group, LLC to manage and promote the event, currently scheduled for February 6-7, 2021. C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. 20-087- Authorize the Mayor to sign the Purchase and Sale Agreement with Pulte Home Company, LLC., for a City owned parcel known as the Nickels property. 12. Legal A. Proposed Resolution No. R20-088- Approval of Settlement Agreement Between the City of Boynton Beach and Eckols '76 LTD and Eckols '86 LTD and authorizing the City Manager or the City Manager's Designee to execute the Settlement Agreement. 13. Future Agenda Items A. Mayor Grant requested staff present information on internship programs- TBD Page 6 of 1128 B. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD C. Mayor Grant requested a discussion regarding education in Boynton Beach - TBD D. Discussion on status of Town Square easements and overall project status—September 1, 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 7 of 1128 1.A. OPENING ITEMS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Pastor Amalie Ash of First Presbyterian Church 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 8 of 1128 2.A. OTHER 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 9 of 1128 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Presentation of the 21st annual "Bob Borovy Student Citizen of the Year" award by members of the Education &Youth Advisory Board. Explanation of Request: The Bob Borovy Student Citizen of the Year Award was created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy, a United States Veteran and former advisory board member who was an active citizen of the community for many years. The recipient will receive $1,000 and have his/her name placed on a permanent plaque. How will this affect city programs or services? I n order to apply, students must be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year's award recipient. Fiscal Impact: Non-budgeted The award is sponsored by the Education and Youth Advisory Board and is funded through donations. Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 10 of 1128 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proclaim August 31, 2020 as International Overdose Awareness Day. Explanation of Request: Dedicated to creating a wave of awareness through education in our communities and providing peer support for those affected by Substance Use Disorder. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation International Overdose Awareness Day Proclamation Page 11 of 1128 ---------------------------------------------------------------------------------------------------------------------------------- Procl am at i on WHEREAS, addiction is an American Medical Association defined disease and the stigma associated with addiction must be addressed so that no one feels shame or disgrace over a legal or illegal dug poisoning (overdose);and WHEREAS, drug poisoning (overdose) is the number one cause of injury deaths in the nation with an accidental drug overdose death occurring every 11 minutes,surpassing deaths from motor vehicle accidents or gun homicides;and W HEREAS,according to the Center for Disease Control and Prevention 67,367 people died in the United States as a result of drug poisoning(overdose)or 185 per day during 2018;and WHEREAS,according to the Florida Medical Examiners Commission,there were 4,698 accidental deaths in the State of Florida during 2018 caused by a prescription drug poisoning(overdose)representing a 45 percent increase over the previous year;and WHEREAS,the City of Boynton Beach remains committed to raising awareness in order to combat stigma and educate our community about prescription drug poisoning(overdose)prevention; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 31s' day of August,Two Thousand Twenty as: INTERNATIONAL OVERDOSE AWARENESS DAY And urge all residents to learn about this disease and to aid and support those that are affected by it. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 19,h day of August,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proclamation encouraging all citizens to honor June 19 through August 25, 2020, as a period of reflection, cultural and public education, earnest assessment, planning, and commitment to end systemic racism and all forms of dehumanization which threaten equality and freedom for all. Explanation of Request: June 19, 2020, best known as J uneteenth or Freedom Day, marked the 155th anniversary of the arrival of Union Gen. Gordon Granger in Galveston, Texas, where two and a half years after the Emancipation Proclamation, African Americans learned of the end of enslavement. The 400 Years of African American History Commission (400 YAAHC) will fulfill its charge to educate the public about, recognize, and highlight the resilience and contributions of African Americans since 1619 and to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States. On August 25, 2020, we Write New History as we acknowledge another year since the 400th anniversary observance of the first documented arrival of Africans in the American colonies by looking forward to confront differences between the concept of freedom versus the reality of freedom. All citizens are encouraged to honor June 19 through August 25, 2020, as a period of reflection, cultural and public education, earnest assessment, planning, and commitment to end systemic racism and all forms of dehumanization which threaten equality and freedom for all. 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? Page 13 of 1128 Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 14 of 1128 ---------------------------------------------------------------------------------------------------------------------------------- y"ff7n&n, ffe"A Proclamation WHEREAS, June 19, 2020, best known as Juneteenth or Freedom Day, marked the 155th anniversary of the arrival of Union Gen. Gordon Granger in Galveston, Texas, where two and a half years after the Emancipation Proclamation,African Americans learned of the end of enslavement,and WHEREAS,since its federal enactment in January 2018, Public Law 115-102,through its sunset in June 2021,the 400 Years of African American History Commission (400 YAAHC) will fulfill its charge to educate the public about, recognize, and highlight the resilience and contributions of African Americans since 1619 and to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States;and WHEREAS,on August 25,2020,we Write New History as we acknowledge another year since the 400th anniversary observance of the first documented arrival of Africans in the American colonies by looking forward to confront differences between the concept of freedom versus the reality of freedom,and WHEREAS, America must never forget or repeat its vivid and tragic examples of African American history which expose the dehumanizing impact of racial violence from chattel enslavement to convict leasing,from thousands of lynchings to racial massacres like Tulsa, Oklahoma in 1921 and Rosewood, Florida in 1923, from segregation to voter disenfranchisement,from mass incarceration to wrongfully inflicted violence upon the innocent who fought for freedom as captured by media in Selma,Alabama at the Edmund Pettus Bridge,or the images of children,now parents and grandparents who in Birmingham, among countless examples, endured the bites and anguish of unleashed dogs,and WHEREAS,we must collectively strive to close gaps of immeasurable distance between us and affirm the promise of the Declaration of Independence that all people have the right to life,liberty,and the pursuit of happiness,and hold that the purpose of the American government must be to secure these rights for all. We must reject acts of violence and expand opportunities to understand and learn from our frank and complex conversations. Juneteeth through August 25, 2020 will serve as benchmarks to encourage individual and collective reflection and transformation. It is through leadership and courage that we each have a responsibility to confront entrenchments which perpetuate injustice or a threat to America's true greatness, NOW,THEREFORE,I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach,Florida,respectfully join municipal leaders across the country and the 400 YAAHC in spirit and solidarity, and by proclamation, I thereby encourage all citizens to honor June 19 through August 25, 2020, as a period of reflection, cultural and public education, earnest assessment, planning, and commitment to end systemic racism and all forms of dehumanization which threaten equality and freedom for all. IN WITNESS WHEREOF I have hereunder set my band this 19,h day of August,2020. Steven B. Grant,Mayor ATTEST: Crystal Gibson,City Clerk 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Announcement of Flag Distribution Events to be held in September by Eleanor Krusell, Public Communications& Marketing Director. Explanation of Request: Due to the fact that multiple planned Veteran Events could not be held (due to COVID-19) and the City's continual efforts to assist our local restaurants, Free Flag Distribution Events have been held at: Mission BBQ on Memorial Day Boardwalk Italian Ice & Creamery on D-Day Common Grounds Brew& Roastery on Flag Day Boynton Diner on July 4th Bond Street Ale and Coffee on J my 4th Green Owl Restaurant on July 4th Jupiter Donuts on July 4th 500 flags have been distributed to-date at these restaurants. In September, two additional Flag Distribution Events are scheduled as follows: September 2 at Prime Catch (11:30 am to 1:30 pm) Recognizing V-J Day (Victory over Japan Day) September 7 at Brooklyn Water Bagel (7:00 am to 9:00 am) Recognizing Labor Day Please follow us on Facebook, Twitter, I nstagram and NextDoor for additional details and updates. How will this affect city programs or services? Flag Distribution Events do not affect City programs or services. Fiscal Impact: Non-budgeted Funds budgeted for events that have been cancelled (due to COVI D-19) are being utilized for Flag Distribution Events (Special Events Budget). Alternatives: Strategic Plan: Strategic Plan Application: Do not announce September's Flag Distribution Events. Page 16 of 1128 Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 17 of 1128 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Dr. Adam Miller, Director of Educational Technology, and James Gavrilos, President& CEO, Education Foundation of PBC, will give a presentation on the Digital Inclusion Initiative. 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 18 of 1128 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: * Regular Commission Meeting on Tuesday, September 1st, 2020 at 5:30pm (Location TBD) * Tuesday, September 8th at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (Location TBD) * Regular Commission Meeting on Tuesday, September 15th, 2020 at 5:30pm (Location TBD) * Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (Location 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 19 of 1128 5.A. ADMINISTRATIVE 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible. Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Attachment Appointments and Applicants for 08-19-2020 Addendum Levine, Marcia Page 20 of 1128 Appointments and Applicants for August 19, 2020 Arts Commission I Katz Alt 2 yr term to 12/20 (Tabled 2) Applicants: None Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/21 (Tabled 2) IV Penserga Reg 2 yr term to 12/21 (Tabled 2) Mayor Grant Reg 2 yr term to 12/21 (Tabled 2) Applicants: None Historic Resources Preservation Board IV Penserga Alt 2 yr term to 12/20 (Tabled 2) Mayor Grant Alt 2 yr term to 12/21 Applicants: None Library Board I Katz Reg 2 yr term to 12/21 (Tabled 2) 11 Hay Reg 2 yr term to 12/20 (Tabled 2) III Romelus Alt 2 yr term to 12/21 (Tabled 2) IV Penserga Alt 2 yr term to 12/20 (Tabled 2) Applicant: Levine, Marcia Page 21 of 1128 Cher Guberman, Catherine From: City Clerk Sent: Friday,August 07,2020 3:40 PM To: Cherry-Guberman, Catherine Subject: FW:Advisory Board Appointment application From: marcialorilevine<noreply@123formbuilder.io> Sent: Friday,August 7, 2020 2:54 PM To:City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 08/07/2020 Name Marcia Levine Phone number 917-693-4729 Address 625 Casa Loma Blvd Apt 808 Boynton Beach FL 33435 United States Emailr i is iic in (q,,g,i Lt,_C0,111 0 Current occupation or,if Sales-Marketing retired,prior occupation Education Hunter College graduate Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? No If"yes",name of business: Are you currently serving on a City board? Yes Have you served on a City board in the past? If"yes",which board(s) Arts Commission Vice Chair and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Library Board i Page 22 of 1128 Personal Qualifications I love Boynton Boynton having lived herE three years, I am getting to know and love It more each day. Sitting on the Arts Commission board has enriched my life tremendously, Teaching me not only about art and it's relation to community and to our businesses,but I've made so many be great friend. The experience of being on a board is terrific, we learn so much ourselves and others,how to get things done and sometimes how to practice patience. I love our new library( I love libraries in general!) and would love to do service on the board . I look forward to hearing from you Marcia Levine Professional Memberships Toastmasters Feel free to attach/upload an extra sheet or resume. Certification I, the applicant,hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 174.227.4.67(United States)at 2020-08-07 13:53:48 on Whone 13.1.2 Entry ID:397 Referrer: fres:j/www,boynton-eggL ra Form Host:htto,�)'/ wl.M.123for wilder c m.rf,.n - 8, 2 Page 23 of 1128 6.A. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of June 2020. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for March 2020: Purchase Order# Vendor Amount 201223 Envirowaste Services Group $29,500.00 201239 Fluid Control Specialties $12,396.00 201247 Sesco Lighting $23,900.00 201256 A Cut Above Landscape $13,521.00 201257 Hardrives of Delray $16,500.00 201272 Discount-Equipment $17,650.00 201275 Farina Tree Care $11,300.00 201285 Grimco $11,039.00 201291 Home Depot Credit Services $11,141.09 201295 Broadcast Systems $33,600.00 201297 Shi j $19,757.44 201298 Connection 1 $13,041.32 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Page 24 of 1128 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Attachment Page 25 of 1128 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JUNE 2020 1. Vendor: Envirowaste Services Group Purchase Amount: $29,500.00 Requesting Department: Utilities Contact Person: Joseph Paterniti Date: 6/2/2020 Brief Description of Purchase: Cleaning for master lift station#317 located at 1527 W. Boynton Beach Blvd. Source for Purchase: Three Quotes Fund Source: 401-2816-536-46-51 2. Vendor: Fluid Control Specialties Purchase Amount: $12,396.00 Requesting Department: Utilities Contact Person: Joseph Paterniti Date: 6/9/2020 Brief Description of Purchase: Purchasing a 6"DeZurik Flanged PEC Standard Port Plug Valve for Village of Golf. Source for Purchase: Sole Source Fund Source: 403-5000-533-65-02 Project#WTR017 3. Vendor: Sesco Lighting Purchase Amount: $23,900.00 Requesting Department: Warehouse Contact Person: Jen Paciello Date: 6/11/2020 Brief Description of Purchase: Four light pole assembly replacements on Seacrest Blvd. Source for Purchase: Sole Source Fund Source: 303-4101-580-6201 Project#GG 1901 4. Vendor: A Cut Above Landscape Purchase Amount: $13,521.00 Requesting Department: Engineering Contact Person: Gary Dunmyer Date: 6/15/2020 Brief Description of Purchase: Relocation of palms from Sara Sims to Town Square from along north wall to FS#1 and from Harvey Oyer to Intracoastal Park. Source for Purchase: Piggyback Fund Source: 001-2730-572-46-98 PBC Contract#17005C 5. Vendor: Hardrives of Delray Purchase Amount: $16,500.00 Requesting Department: Utilities Contact Person: Joseph Paterniti Date: 6/16/2020 Brief Description of Purchase: Removal and stock pile of sludge material from East Water Treatment Plant. Source for Purchase: Three Quotes Fund Source: 401-2811-536-49-17 Page 1 Page 26 of 1128 6. Vendor: Discount-Equipment Purchase Amount: $17,650.00 Requesting Department: Police Contact Person: Captain Zeller Date: 6/23/2020 Brief Description of Purchase: Traffic trailer and message board for PD Traffic Unit. Board is 4'x 6'and has speed measurement and cellular connectivity. Source for Purchase: Three Quotes Fund Source: 105-3448-521-6402 7. Vendor: Farina Tree Care Purchase Amount: $11,300.00 Requesting Department: Engineering Contact Person: Gary Dunmyer Date: 6/23/2020 Brief Description of Purchase: Trimming of Ficus trees,severing roots, and uplifting of existing trees along Ocean Ave.for pedestrian and vehicular passage. Source for Purchase: Three Quotes Fund Source: 001-2730-572-46-98 8. Vendor: Grimco Purchase Amount: $11,039.00 Requesting Department: Warehouse Contact Person: Jen Paciello Date: 6/26/2020 Brief Description of Purchase: HP latex printer for Streets. Source for Purchase: Three Quotes Fund Source: 001-2512-541-64-02 9. Vendor: Home Depot Credit Services Purchase Amount: $11,141.09 Requesting Department: Warehouse Contact Person: Jen Paciello Date: 6/26/2020 Brief Description of Purchase: To build a new roof on existing building at Rolling Green,along with additional concrete beams and columns. Source for Purchase: Three Quotes Fund Source: 302-4225-580-62-01 Project#FA2002 10. Vendor: Broadcast Systems Purchase Amount: $33,600.00 Requesting Department: Police Contact Person: Captain Zeller Date: 6/29/2020 Brief Description of Purchase: Twelve monitors for the Real Time Crime Center. Source for Purchase: Three Quotes Fund Source: 105-3449-521-64-15,303-4119-580 Project#IT2011 11. Vendor: Shi Purchase Amount: $19,757.44 Requesting Department: ITS Contact Person: Marty Stevens Date: 6/29/2020 Brief Description of Purchase: APC UPS units for new City Hall ITS data closets. Source for Purchase: Piggyback Fund Source: 303-4101-580-64-15 State Contract OMNIA, Public Sector 2018011-02 Project#IT2002, IT2004, IT2005 12. Vendor: Connection Purchase Amount: $13,041.32 Requesting Department: ITS Contact Person: Marty Stevens Date: 6/30/2020 Brief Description of Purchase: Yearly Adobe license renewals for muliple departments, including Acrobat, Creative Cloud, Photo Stock, and Photoshop. Source for Purchase: Three Quotes Fund Source: 14 account numbers Page 2 Page 27 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P,0. #; 201223 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/02/20 VENDOR 18200 SHIP TO: TO: ENVIROWASTE SERVICES GROUP, IN City of Boynton Beach 18001 OLD CUTLER RD, SUIT EAST UTILITY ADMIN PALMETTO BAY, FL 33157 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 76488 ORDERING DEPARTMENT UTIL -WWLSM µ MDC DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: r � .............. _ EXTENDED LINE# QUANTITY UOM ITEM NO_ AND DESCRIPTION UNIT COST COST 1 120. 00 HR WET WELL CLEANING VIA VACTORS, 200 . 0000 24000 . 00 PUMP TRUCK, AND Confine Space Entry. 2 1. 00 WK 12 BY-PASS PUMP SYSTEM 4000 . 0000 4000 . 00 3 1. 00 WK 24 - .48. PjUG 1500 . 0000 1500 . 00 REMARKS CLEANING FOR MASTER LIFT STATION #317 LOCATED AT 1527 W. BOYNTON BEACH BLVD. VENDOR WILL SUPPLY .BY.PASS PUMP SYSTEM ... ....._ PROCUREMENT SERVICES P.O. TOTAL: 29500 00 ACCOUNT NO. PROJECT 401-2816-536.46-51 1 1 PURCHASING Page 28 of 1128 Page 29 of 1128 Coma, Skender From: Frederiksen, Mara Sent: Monday, June 1, 2020 5:41 PM To: Coma, Skender Subject: RE: 76488 Approved Sent via the Samsung Galaxy S9,an AT&T 5G Evolution capable smartphone Mara Frederiksen Director of Financial Services Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 k - 561-742-6312 � FrederiksenM@bbfl.us „ boynton-beach.org/ ADA30 Americans with Disabifities Act Celebrate brace t;-,,e ADA! July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. -------- Original message -------- From: "Coma, Skender" <ComaS@bbfl.us> Date: 6/1/20 4:39 PM (GMT-05:00) To: "Frederiksen, Mara" <FrederiksenM@bbfl.us> Subject: 76488 Col to 7/31/20 Thanks! 1 Page 30 of 1128 Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 561-742-6308 ComaS@bbfl.us f boynton-beach.org/ A, DA30 "D62NO Americans itDisabilitiesg of w, l4 ? C.; 8thed"', Dp x 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 31 of 1128 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 5128/2020 H.T.E.REQUISITION# 76488 Clerk: MDC Procurement Asst: Dircctor: City Manager(non budgeted capital and/or$5000+ ; REASON FOR PURCHASE: Master lift station#317 located at 1527 W Boynton Beach Blvd. needs cleaning. We are going with the vendor Envirowaste Services Group, LLC. They are charging more but they will supply their own by-pass pump system.The other vendor Shenandoah will not supply their own by-pass pump system.We will have to supply the by-pass pump sy°stem (in ho__�vWhich will be addfional.costs which will exceed what Envirowaste Services,Group charges are. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: EnviroWaste Services Grnup, Inc. Admin. { ) Date: 5/28/2020 ASAP (x ) ...... ......._------------ . Address: 18001 Old Cutler Road, Suite 554 Engineering { ) Date Needed: 6/11/2020 Confirm. ( ) Palmetto Bay, FL 33157 Cust. Rel. ( ) ASAP/Conf. { } Distribution ( } BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): (877)637-9665 Water Qual. ( } Quotes/Verbal ( } E.Admin. 40 (x) rover$500) Pumping (x ) Quotes/Written {x } E.WTP 41 { ) .(over $2000) "�Vendor_Number'_'1 8,200 ) PWTreat. ( ) Bid Docs.' ( ) W.WTP 42 ( ) Meter Serv. { ) Sole Source Ltr. P/U 99 ( ) i INITIATOR: Tremane Johnson, Field Sewage { ) Insurance ( ) Special Instructions: Operations Manager Rquirements: APPROVED: Strmwtr. { ) Project Number: Quan Unit Pry „Description &Part Number Fund Deet Basic Elem .i Obi, Amount 120 HR $200.00 Wet Well Cleaning Via Vactors, Pump _ 401 2816 ' 536 46 51 $24,000.00 j i Truck, and Confine Space Entry _ 1 $4,000.00 i 12" Sy-pass Pump System 401 7 2816 336 46 51 $4,000.00 Weekly _ ..... 1 $1,500.00 24u-48"Plug 401 2816 536 46 51 $1,500.00 ,Weekly � _ 36 . s ` TOTAL__.. 401 2816 5 46 51 $29,500.00 _ ..®... -- ._-------_.._. ..... ... _.C _. ._.... ._n................ m___.._.... Page 32 of 1128 The City of Boynton Beach Utihau Depar�inent 124 F.Woolhright Road Boynton Beach,Florida 33435 Phone(S6I)7424400 FAX-(S61 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Master lift station#317 located at 1527 W Boynton Beach Blvd. needs cleaning.We are going with the vendor Envirowaste Services Group, LLC. They are charging more but they will supply their own by-pass pump system.The other vendor Shenandoah will not supply their own by-pass pump system.We will have to supply the by-pass pump system (in house)which will be additional costs which will exceed what Envirowaste Services Groin charges are. VENDOR#1: Envirowaste Services Group,Inc. DATE: 5/18/2020 CONTACT PERSON: Zeferino Betancourt PHONE NUMBER: (877) 637-9665 QUOTE: $29,500.00 VENDOR#2: Shenandoah General Construction LLC DATE: 5/27/202 CONTACT PERSON: Perry Hoff PHONE NUMBER: (954) 975-0098 QUOTE: $23,170.00 VENDOR#3: Johnson Environmental DATE: CONTACT PERSON: Allan Lgnnge PHONE NUMBER: (800)767-9594 QUOTE: We reached out on numerous occasions they have refused to do the job and no response when we try and reach out to them. ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 33 of 1128 8 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 1-Jun-20 Requesting Department: Utilities Contact Person: Tremaine Johnson Explanation for Purchase: Master lift stations #317 located at 1627 W. Boynton Beach Blvd. needs cleaning. We are going with the vendor Envirowaste Services Group, LLC. They are charging more, but they will supply their own by-pass pump system. The other vendor Shenandoah will not supply their own by-pass pump sysyem. We will have to supply the by-pass pump system (in house)which will be additional cost which will exceed what Envirowaste Services Group charges are. Recommended Vendor Envirowaste Services Group, Inc. Dollar Amount of Purch�se $29,500.00 Source for Purchase (check ead attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase.: 401-2816-536-46-51 Approvals: Department HeadDate Purchasing AgentI Date Asst City Manager Date City Manager w Date Form Revised 02/01/02 Page 34 of 1128 wNDG'EECTnCm ;U• H X O r-r'C LX(D(D ti3 ti i Z ti ( OVIr ,+ w.w 10 H I 1WH M • tomNr HR,ti (:! W N HZ f W N Y k "rt z .w t� -GGM H."r pej Li] H10 M ty O N W H qC r N W 0 4 I d to SEcrt LQtirr �a WnA mnN rnnom 1 en yy q 'rz,m V '.1c H I [Q 024O".9H I fA Q H Al H- m G 9 c 1O +P kP P,b + ud 3 I w U7 ht I n 0 rr n rr G Fi 0 r•• z o 0 ora I n 3 n a oo n r- 1 '� tY ,-t G'WOq:$HH r 1' >'n + 004 00Ic OOGW , H �0 H F1 'a (D 0 J n N N N O 1 3 t9 00 3 l7 I 3 L7(D L" I n1 9 H GEmrm Em O w w OD9 Fq C 1GCCtrA)M 3 H r� six OI~-a O H O Hznr H H Z w H+O m G m a 3p� a, a, a,H U k ro t7 tic a k<v n O H O rrmrrmm' w w w s C to •••• wL' Z O w E a'G(D 9 rt n y rn rn cn I W E GO] w m (D wM r•• WWFN En a kA & I iib tn,b Wi m rrH N(D(D o, w 0% I �y �y� zHLTJH I C=f rt w G' H"CG w to Ln (n Ul I w m G3�o z I (D(2.(D O v .4 0 Y Y F-' I :a Sa A7 x1 itl A'1 rr o I f!] H RL (D E r•w k cn H 1 y r wr-V r-n G + r tl W+< taUrc C H (D rrs< 0 F-'(D L 1 H m H M MH h]• H 1 C. 010 r1t+ raa + Vi W w I H(D m' C=1 H [=1 , Ga y G14�] I.3 C i LH 0:~ F•I ' nymasl-tGHm M rat=f tom y + H r m~WOJ 10 0 m.4 W yHHNHN 1 H n I H rn 010 m(D !lo M fh'�a fh iN1 U]Sa r�] H.hHd H�HN7 O k 000 Jc` m 1-•I H�7.�] H-tN ,',0 1 Ormr 0861m H�H H zH 7.H 7.�3 � 3 G K Oo H O•t-'O H H H 1 m [ 3 N3 I H n 'd mlr7 MOP. 0 0 0 Z + 0 bi FV w Rk D9 to E'C COH.- 0 7aH7a "rH 1 roz FUz az 0 nGrmmGH HA vi m W �+�3 H H 3 1 I �U AK,n(Dm(DOk's itl Cil w bU I Hh] HLz7 Htri ro H�0 CT m r• t=1 ro ro ro 1 Hnc) u to (ASO 1 kcrt O �nyn57n + U 1 (D 9a :r x HmHVIF-IM ci Hp r-r-• D w H :a `A 0 I n � N w H CT to rA rn[n m U]U! 1 1 N �V (D N H to Sa co 'V o w W EOn I Qb w 1 bd I I In H Q I TR 1 t F-3 C+9 a1 I a x1 zi W Em` a Pd m H ri N E C wPU yH CpH" [HU i Y Hs a e rj 9 W xi z i i A7 O b o I k H O O til (n.4 za z W , rJ 10 F H H OOH x 7C i 3 o ff sJ ;d H I rq H f z i N N Ca H I N z o r I HUH m z. W O N k F-I W O H I a0 H O O 0 [ ,4d H O k 1 F' H 3 0 0 0 1 O a a 00 p H o o a i n �i t Iwa O I 000 z T+ 0 0 o r O m I O o 0 ty 0 0 0 1 W(••H y w 4 z 1 coo K) 0 0 n a HH py H I Q t US Vi I M 1 a W N N I 1 k r ,r. ,p I rf`-H H O 1 ul +n o o I [i1 n z N r H I I o o a o I w N H 0 0 o I I o 0 0 O I nH W In OW N ep I 1 0 0 0 o I ED z Ga a n 0 0 01 , 0 0 0 0 1 ya ;U H O O O NmAAi ; 0 z z I a,Na k ro Dd Q 1 Co 0.'a 1 I IC •• i y0Fnt']z H lµ�] I 0 ZZHWI x 1 tn w 1 i zoo I A rn 1 1 H I t=1 I I tyj N N I x tLi C I I k I u1 Ul 0 0 I z n ro a s 0 0 0 oz I ZO 1 I O O 0 G h] I I H OC I I at 01 H I 'atl 1 HH 1 I N N Oz r o 0 Page 35 of 1128 ENVIRU WASTE SERVICES GROUP ENVIROWASTE SERVICES GROUP, INC. SPECIFIC WORK ORDER BETWEEN ENVIROWASTE SERVICES GROUP, INC. And City of Boynton Beach Site: 1527 W Boynton Beach Blvd, Boynton Beach FL 33436 The parties to this Specific Work Order are parties to this Professional Services dated May 18,2W (the "Agreement").The parties hereto agree that all of the terms and conditions set forth in the Agreement are in full force and effect and incorporated herein by reference. The terms and conditions of the Agreement shall govern and control over any inconsistent terms or conditions contained in this Specific Work Order except as to the scope of work to be performed and the fees for such work which are set forth herein and which shall control. Capitalized terms used in this Specific Wort:Order that are not otherwise defined herein shall have the meanings ascribed to them in the Agreement. RE:Praosed Master 317 eI Well Cleaniu�!�,F_ Qty: Unit: Unit Price: Total: Wet Well Cleaning Via Vactors,Pump Truck,and Confine 120 HR $200.00 $24,000.00 Space Entry 12"By-pass Pump System 1 Weekly $4,000.00 $4,000.00 24"-48"Plug 1 Weekly $1,500.00 $1,500.00 Total:$29,500.00 *By-pass System and plug are charged weekly.Additional weekly charge will be added if job takes longer than a week. *Hourly charge begins once truck arrive on site;Travel time to and back from Disposal Facility will be charged under hourly price. a If project takes longer than estimated quantity hours,sante rate will apply thereafter. *City will provide location for disposal. SERVICE CHARGE: IF ANY PAYMENT DUE HEREUNDER OR PURSUANT' TO ANY SPECIFIC WORK ORDER IS NOT RECEIVED BY THE CONSULTANT WITHIN THIRTY (30) DAYS AFTER CTS DUE DATE,A SERVICE CHARGE IN THE AMOUNT OF ONE AND ONE41ALF PERCENT 11.5°10) OF THE UNPAID BALANCE WILL BE CHARGED TO THE CLIENT(TILE-SERVICE CHARGE"). THE SERVICE CHARGE SHALL BE APPLIED MONTHLY AND ANY PREVIOUSLY UNPAID SERVICE CHARGE WILL BE ADDED TO THE UNPAID BALANCE.The Client hereby authorizes the Consultant to commence the work (commencement date) required under this Specific Work Order on IN WITNESS WHEREOF,the parties have duly executed this Specific Work Order as of the day and year first above written. ^CLIENP City of Boynton Beach "CONSULTANT"(ENVIROWASTE SERVICES GROUP,INC.) Site: 1527 W Boynton Beach Blvd. A Florida Corporation Zeferino Betancourt Superintendent TITLE TIT 05/1812020 DATED 1A s l Headquarters: 18001 Old Cutler Road, Suite 554, Palmetto Bay,FL 33157 Office (87.7)637-9665 1 Cell (786) 527-48311 zetbetancourt a.ewsa.carn Offices: Miami, FL * Orlando,FL * Tampa,FL Page 36 of 1128 Ftxm WRequest for Taxpayer Give-Form to the DBC°"' 2D1� Do not identifiiciation Number and Certification 'e'"�` IRS. kub mpl Raysnue larvas 7 ''i � eeutd to the IRS. Narna'(sta shown cri your income tax"k IVatrte is rsqutrod on tliis One;do not leave this line blank EnviroWaste Sentioes Group,Inc. 2 Bueainess neonval±disr*Wwded ontity eleme.if dt Brent 4,nm.ab ve 3 Cheek spp Wlata box for tederat.tox cleselfloptlam check a*one or the folbwft saver boxes: 4 Euemptfors(codes a�hr pto ❑Ittt�rlduailsoie prrolxistor or p C t�rpiarattort ❑S Corpoealion [I tttn@rship ❑Tn,W-Aat, •eWistrvctierea ori g: '0not ee SNI.. nlbix LLC Exeanpt Payee Dada pt eerttl} ❑Umitad Os61Oty company.teuttar the tax ciaoeifltautiPrt P-0 tx>rparatlan,SSS corporation.f''Pa►inershipi 10 p Note.Far a single-mmrAW LLC that Is dWragardgal,do toot check U_C,check the appropriate bot in the lire above for ftn from FAMA reporting coca_t'rxetassi tianeC°tt single-emtlerowner. ooda.(Ifa* 5 ©.met kteeirmtructicnal-1 � � � a°ab'wLLaaorAruaiioYMdoWddethu8} 5 Address(number,.Dtreea,chid apt orw to no.) Teequestei'a nemaand address(optional) 10001 Old Ctaf:Ier Road,Suite 554 H $Coy,stg6a,and zip oodo Palmetto Bay,FL 33157 T List account numbs*)Rana(bpWnq ) T aye. tdentfit n NUM!w i"I'I Enter your T1N In the appropriate box.The TIM provided must match the name given on line 1 toavald Social secu ty numbsr backup withholdhq.For(ndiv)duala,this is generally your social socurity number(SSM.However.for a resident alien,soja plvpdoW ar disregarded.ehtity,see the Part 1 Instructions an page 3.For other — — eniftles,it is your amployer Identification nufter PIN).If you do not have a number,see Now to)feta 77AI on-pop S. or Nate:If.:the account is in more than orla name,see the Irwtrud(ons for One 1 and the chart an page 4 for Eoyer idena t mil number guidelines on whose number to enter. 6,1 s ag a ala f;to Cei tiiication Under penalties of perjury,I certify that: 1. Thonumbetr shown 4n thla form Is my oorreot taxpayer iderdit#eation numbor(or I am waiting for a number to be Issued to me);and 2. I am not subject to backup withholding because.(a)I am exempt from backup withholding,or(b)I have not beers nodded by the(ntamal Revenue Service pR%that I am subject to backup withholding as a result of a failure to report all Interest or dMdends,or(a)the IM has notified me that I am no longer subject to backup withholding;and 3. 1 am a U.S.citizen or other U.S.person(defined below);and l 4.The FATCA ooda(s)entered on this form(if arty)Indicating that I am exempt from FATCA reporting is correct CwtVicatlon instruddons.You must c mas out'item 2above If you have been notified by the INS that you are currently subjactto backup withholding because you have failed to report all interest and divldenda an your tax return,For real saUte transactions,stern 2 dose not apply.For mortgage interest paid,atcquiaRion or abandonmerrt.of secured property,cancellation of debt,contifttions to an Individual retfroment arrangement(IRA),and 'generally;payrnahts other than interest and cfiVi ods you are not required to sign the certification;but you must provide your correct TIN.See the instruct oho t:r'i pe4e2. Sign Blgnatureot Hei.e us person► rate► 1.'i`t d General InS#ru ctiod i Form nn)7098(ricma mortgage intpre o i M-E(Ardent town ln*eati,14B9-T 5eaetlNon rt ferarres craw the Int erhl Re Code unless otherwise mated. •Form 1099-0(nenceled da6t1 Futuro devetopetettto.lrtfamnatton 4,waftpments afN cft Farm W-9(surds .Fprm IOWA(aoquishlon or,abardgrrm9ntOf secured property). as Ieghlstion anadod ager war release iq kat www lraQ"fi"- Uss Fnreh 11Y.9 Amy if you are a U,$.parson gnt:tuft a'raeldi+ett.e)len},ft Purpos+eof Form prgvfdeswu,■correctTIN, An kidhrldual 00 entity(Farm W-9 retiusstel who la To*ired to 1119 an krformWkn Ityov OP 1w atum Farm W-9 to ttia rvgaasrsrwldi a T1N,yon m11gltt be Woo retum whh the RS must-obtain your owed taxpayer kip ttllitxiHon numbw(TIM to backw wMhWft Sae Rhat b backuq wV**Wh9'y on page 2. whichfta be your social security nlaimberPW8 ihd1wEd6eltaxpayertdsnt&800n *-slgnangthe Mied-out form,you: wmber.011N),adopllon taxpayer iderdtfim6on number(A.TV4,or employer t.Certify.that the TN you are gMhg is obrrect{qr you are watting for a number ldsntNicaticn number(SIM,to Tsport Pit art Inicnatlon r,9twm the amount paid to to be i=04 mo you,or other sunt.reportsbo an sn'kiformitIoDrettan.Exarni)"of Wormadlcn reb ms induds.but are net limited to,the tAipwinm 2.Off ft that you are not au4je d to backup wttmolditie.dr •Form 10994NT(Irders6t eased or psA S.C idrn tkamption from backup withholdkV If you are,a U.S.exempt payee.If •Farm 1099-DM1I{dNMwtd9,ktoludksg thnreham.stoekc or mutual furxfa) ap�abla.YOU are also cartifying that as-a UA person,your sAecIk share of arty parthargip Unwire horn a U.S.trade or business Is Beet subject to the •.Form 1 DW4k3G(various tyfiea of.it—ma,Prase,awards,-grom.pr3ocaedal wffhholding talo cn foreign pamwsl sh—of tdfmtIvaly cwa aaW kw-v%and Farm 1099-B(stock or mutual find sales and Certain other dransWcrna by 4.Ge11fYthtjt FATCAPoda(s)watered an this form(l#airy))ndiceft that you ere brokers) .exempt from the FAA A repordnp,is correct.See Mat Is FATC4 eqo~on -Form 1090-9 knoceedsdrom real gstate-transestlona) page 2 for further 100ftation. -Form 1099.1((nwc tzrit card and MM party network Wsad*ft). Cat No.10W.IX Form W-9(Rev:12-2014} Page 37 of 1128 Page 1 oft HEN�ANDOAH 1888 NW 22nd Straet Pipe Inspection&Restoration Specialist Pompano 11mch,F4 33069 (954)975-0098 shenandoahconstruttlon.com DA'Z'E:May 27,2020 PROPOSAL#P17640 SUBMITTED TO:Boynton Beach,City of STREET: 124 East Woolbright Road CITY,STATE&ZIP:Boynton Beach,FL 33435 PHONE:(561)742-6422 FAX: EMAIL:johnsontr@bbfl.us JOB NAME:Cleaning Master Station 317 ATTENTION:Tremaine Johnson We propose to furnish a crew and all necessary equipment to city to setup bypass pump and plug and pump down station we will remove as many solids as possible,rags etc.We will drain as much liquid as possible at the station prior to dumping at the approved site in Boynton.provided by the city There may be issues that prohibit us from getting as much solid debris as the city expects per load.We can explain on site why if a representative from the city is present.Our goal is to get 15-20 cubic yards of sludgy debris from the station per day.The estimate below is to supply 2 Large Vac truck with an operator a support truck and 2 helpers for 4 days.at the above mentioned job location.This work will be performed at our following hourly and/or unit prices: Jet Vac'Truck(Tandem Axle)X 2 Vac (at$500.00 Per Hour) 40 hour(s) $20,000.00 Support Truck (at$35.00 Per Hour) 40 hour(s) $1,400.00 Disposal Pass Through Delray Regional Plant (at$0.00 Per Truck Load) 0 truck load(s) $0.00 Flex Hose 6" (at$1.85 Per L.F.) 200 L.F. $370.00 Additional Third Man working Flex/lose (at$35.00 Per Hour) 40 hour(s) $1,400.00 Estimated Total: $23,170.00 NO'T'E:One way travel time for all hourly vehicles listed above.Three hour minimum.This proposal includes removal of all loose debris from the structures only.Pipes not included(excluding hazardous waste),if non-hazardous contaminated liquids or soils are encountered,such as oil,gas,fuel,hydraulic oil,etc.,the customer will be required to have the material analyzed,by an approved lab,then approved by a disposal facility,prior to Shenandoah transporting and disposing of the material,additional cost for specialty hauling and disposal will be applied to the invoice,along with documented receipt..However,we are not responsible for problems occurring during or after cleaning due to pre-existing condition,original installation or design. This proposal may be withdrawn if not accepted within 30 days.Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement,this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Price above is only an estimate of foreseen conditions.Unforeseen conditions can affect the amount of time to complete the work,therefore increasing or decreasing estima±p_All agreements are contingent upon strikes,accidents or delays beyond our control.Unless noted above engineering,permits,testing and bonds are not included in the pricing.Owner is to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance.Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. Page 38 of 1128 HENANDO . H PBge2af2 Xl 1886 KW 22nd Sbeet Pipe Inspection f ltestaratlon SpoclalW Pompano Beach,FL,33069 1954)975-0098 shenandoahconstructlon.com SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. TITLE DATE Perry Hoff Estimator 05127/2020 ACCEPTANCE OF PROPOSAL I SIGN&RETURN The above prices,specification and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: DATE: REPRESENTATIVE: TITLE: I Page 39 of 1128 Form Request for Taxpayer Give f=orm to the (Rev.OetaW21]18) Identification Number and Certification requester.Do not pepartment 0-i the rreasuiy send to the IRS. Internal Revalue Service l►Go to r,vww.hv gov1FbnnlW for Instructions and the latest information. 1 Name(as shown on your Income tax retum).Name is required an this line do not leave this line blank ShenandoahGeneral Construction LLC . 2 aus]risss na� ifme/dieregxdod entity name, different from above M :3 Check appropriate box forfetlaral#ax dassificatlon oFthe person-hoes name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to mfollowing seven boxes certain entities,not individuals;see ainstructions on page S): ❑ IndividuMole proprietor or ❑ C Corporation ❑5 Corporation ❑ Partnership ❑Tnrst/estate al L single-member LLC Exempt payee code(if any) ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partiership]► C p Nott Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified er LLC that is not masga single-member LLC that is disregarded ner for U.S.federal tax the owner unless the owner of the LLC is code(if any) o is dis disregarded from the owner should check ted from the he appropriate box forthe tax classification of its owner.es.Otherwise,a member LLC that m ❑ other(see instructions)► wear a m.ox mr.met,na ed aw,ra.d.use 8 Address(number,street,and apt ar suite no.)Sea Instnirtions. Requester's name and address(optional) 1888 NW 22 Street 6 City,state.and ZIP code Pompano Beach,FL 33069 7 list account number(s)here(optional) - . ) Tialfgayer identification Number MN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Scaral eacurfgr number backup withholding.For individuals,this is generally your social security number(SSN).However,fora _m -� resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,]star.For other entities,it is your employer identification number(EIN).If you do not have a number,see Flow to get a T)N,tater. Or Note:If the account is in more than one name,see the instructions for line 1.Also sae What Name and Emp*er Identification number ], Number To Give the Requester for guidelines on whose number to enter. 9 37 0 �73 certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer Identification number(or 1 am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that t am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA codes)entered on this form(If any)Indicating that I am exempt from FATCA reporting Is correct. Certification instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. �ro r Sign &gnature of , � May 19, 2020 more U.S.person 11- 01•Form 1099-DIV(dividends,including those from stocks or mutual General Instructions funds) Section references are to the Internal Revenue Code unless-otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its inshuctions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/F`ormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to Tile an •Form 1098(home mortgage Interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number .Fenn 1099-C(canceled debt) (SSM,individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(MIN),or employer identification number (EiN,to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(ncluding a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns Include,but are not limited to,the following, ff you do not return Form W-8 to the requester with a TlN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Page 40 of 1128 Czecholinsid, Michelle From: Johnson,Tremaine Sent: Thursday, May 28,2020 8:41 AM To: Czecholinski, Michelle Subject: FW: Master L/5 cleaning Tremaine Johnson Manager,Field Operations Boynton Beach Utilities- City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6476 JohnsonTr@bbfl.ushttp://www.boynton-beach.org/ , s ADA30 *w� Americans with Disabilities Act Celebrate the ADAI July 26, 2020 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Hart,James<hart@bbfi.uv Sent:Friday, December 06,7019 3:27 PM To:Johnson,Tremaine<JohnsonTr@bbfl.us> Cc: Hatcher,Allen<HatcherA@bbfl.us> Subject: FW: Master L/5 cleaning Here is the answer from Johnson Environmental.They will let us know when they can do the job. Thanks Jim 1 Page 41 of 1128 James Hart Assistant Supervisor Utilities Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6422 hart@bbfl.us I i http://www.boynton-beach.orgl America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Alange<alan a iohnsones.com> Sent: Friday, December 06,2019 9:57 AM 7o: Hart,James<hartf bbfl;us> Cc: Francisco<franoi oh nsones.com>; Dione<dione€r--,iohnsones.com> Subject: Master L/S cleaning Hi Jim, I was asked by Francisco a couple of days ago and just informed by Dione that you called her about the job.We are having a problem finding qualified personnel to do the work.Our employees as well as outside staffing companies are really not interested in doing the-job.So I have been reaching out to several people that I know from confined space projects that we have done in the,past to see if they are interested. l am waiting for responses from those people. When I hear from them I will let you know.Sorry, but as you know,that is a lousy jab and the design of the station makes cleaning it that much more difficult to do. Regards, Allan Lange Johnson Environmental Services 4600 Powerline Road Fort Lauderdale, FL 33309 Phone: 800-767-9594 Fax: 954776-5955 alapge@ Ighnson, s.com 2 Page 42 of 1128 www. ohnsones.com Thank you for choosing Johnson for all your Environmental needs!! Please like us on Facebook'and Yelp ll 3 Page 43 of 1128 Czecholinski, Michelle From: Johnson,Tremaine Sent: Thursday, May 28, 2020$:43 AM To: Czecholinski, Michelle Subject: FW:Wet well cleaning vendor Tremaine Johnson f, a Manager, Field Operations Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. i Boynton Beach, Florida 33435 561-7.42-fi476 JohnsonTr@bbfl.us i `°z http://www.boynton-beach.org/ �r+soo-w�r�t -A, DA30 Americans with Disabilities Act Celebrate the ADA! July 26,2020 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Brian Shields<bshields@lakeworthbeachfl.gov> Sent: Monday, May 11,2020 9:35 AM To: Paterniti,Joseph Jr.<Paternit.0@bbfl.us>;Johnson,Tremaine<lohnsonTr@bbfl.us> Cc:Johnson,Thorley<JohnsonTh@bbfl.us>; Hatcher,Allen<HatcherA@bbfl.us>;Chris Helfrich(CHelfrich@ci.boca- raton.fl.us)<CHelfrich@ci.boca-ratan.fl.us>; 'LWilsonDavis@ci.boca-raton.fl.us'<LWilsonDavis@ci.boca-raton.fl.us> Subject: RE:Wet well cleaning vendor Joe,we generally use our own vac trucks,on occasion for a particularly tough wetwell we have used Shenandoah. Hope all is well in Boynton 1 Page 44 of 1128 arl ter, V "U"tilities- Brian shields, P.E. Director/City Engineer I Water Utilities City of Lake Worth Beach 301 College Street Lake Worth Beach, FL 33460 V: 561-586-1675 bshiel&r lakeworthbeachfl. ov www lakeworthbeachfl. oy City Operating Hours Monday-Friday 8:00 am- 5:00 pm "We are FAKE WORTH BEACH. A hometown City that is committed to delivering the highest level of customer service through a commitment to integrity, hard work and a friendly attitude. We strive to exceed the expectations of our citizens, our businesses, our elected officials and our fellow employees." 4 k From: Paterniti,Joseph Jr.<PaternitiJ@bbfl.us> Sent:Monday,May 11,2020 9:11 AM To:Johnson,Tremaine<JohnsonTr@bbfl.us> Cc:Johnson,Thorley<JohnsonTh@bbfl.us>; Hatcher,Allen<HatcherA@bbfl.us>; Brian Shields z Page 45 of 1128 <bshields@lakeworthbeachfl.gov> Subject:FW:Wet well cleaning vendor Cautuan:This is an external email. Do not click links or open attachments from unknown or unverified sources. FYI-LS Cleaning vendor Joseph Paterniti, P.E. Utility Director Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. E Boynton Beach, Florida 33435 561-742-6.423 Paterniti)@bbfl.us http://www.boynton-beach.org/ f � mn America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Wilson-Davis,Lisa<LWilsonDavise i.boca-raton.fl.us> Sent: Monday, May 11,2020 9:09 AM To: Helfrich,Chris<CHelfrichwg+ci.boca raton.fl.us>; Paterniti,Joseph Jr.<Paternitrl bbfl.us>; Brian Shields <bshields lakeworthbeachfl,;-,ov> Subject:RE:Wet well cleaning vendor Hi Joe, You can try contacting Envirowaste,they are our repair/rehab contractor and can provide these services. Eileen should be able to help you, I also included the owner's.information. 3 Page 46 of 1128 Eileen Algaze Chamorro Administrative Assistant Envirowaste Services Group, Inc. eileenaleaze@ewse.com W 305-637-9665 M 305-720-9201 Owner: Julio Fojon—305-637-9659 julio.foion@envirwastes.g,com Lisa M.Wilson-Davis I Operations&Environmental Compliance Manager City of Born Raton,Utility Services Department 1401 Glades Road•Boca Raton,FL 33431 P 561-338-7310 I IwNsondavisOffwbocams C 561.-239-8229 Stay connected... L From: Helfrich,Chris<CHelfrichci.boca-raton.f#.us> Sent: Monday,May 11,2020 9:02 AM To:Paterniti,Joseph Jr.<PaternitlJP_=bbfl.us>; Brian Shields<bshieldst L iakeworthbeachfl.gov> Cc:Wilson-Davis, Lisa<LWilsonDavisLci.boca-raton.fl.us> Subject: FW:Wet well cleaning vendor P Joe We clean our lift stations with our own crews(vactors ect)—However I have forwarded to Lisa Wilson Davis to provide some guidance or if she is aware of a company that may do this work also Chris From:Paterniti,Joseph Jr.<PaternitiJCBbbfl.us> Sent: Monday,May 11,2020 8:55 AM To:Helfrich,Chris<CHeffnch(&ci.boca-raton.fl.us>; Brian Shields<bshields �lakeworthbeachfl. ov> Subject:[EXTERNAL]Wet well cleaning vendor Good morning Chris, Brian, Hope you are doing well. Staff is having difficulty getting our current vendor(Johnson Environmental)to clean(remove rags)for one of our master stations. Do you all contract for this service?Would you give me a lead on who to contact? I am afraid this LS could have a problem any day. Thank you 11 4 Page 47 of 1128 Joe Joseph Paterniti,P.E. Utility Director Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 561-742-6423 Paternit.J@bbfl.us `" http://www.boynton-beach.org/[boynton-beach.org] America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Please note: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records, and are available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. The City of Boca Raton scanned this outbound message for viruses,vandals and malicious content and found this message to be free of such content. 5 Page 48 of 1128 Page 49 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 10 P.O. #: 201239 BOYNTON BEACOH,BOFLORIDAA 33425-0310 DATE: 06/09/20 VENDOR 11343 SHIP TO: TO: FLUID CONTROL SPECIALTIES INC City of Boynton Beach 111 MARITIME DR EAST UTILITY ADMIN SANFORD, FL 32771 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 ® ® � � REQUISITION NO 76531 � ORDERING DEPARTMENT: UTIL/ W. DIST. / MDC d DATE NEEDED: « CONTRACT NO. GOMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA 6 DEZURIK FLANGED PEC STANDARD 11396 . 0000 11396. 00 PORT PLUG VALVE W/ Rotork IQT500-4-20mA Watertight Electric Actuator PEC, 6, F1, CT, NBR, CR-RT-IQT500 2 1 . 00 EA STARTUP 1000 . 0000 1000 . 00 REMARKS: PURCHASING A VALVE FOR THE VILLAGE OF GOLF, FL SOLE SOURCE m. w.uuuuuuuuu, uuuuu d� e ,. wuv,..uuAuvuvuvuvuu uuu............ PROCUREMENT SERVICES: ' P.O. TOTAL: 12396 ., 00 ACCOUNT NO. PROJECT 403-5000-533 .65-02 WTRO17 f PURCHASING Page 50 of 1128 Page 51 of 1128 Coma, Skender Bill From: Elliott, Corinne Sent, Tuesday,June 9, 2020 11:37 AM To: Coma, Skender Subject: RE: 76531 Approved. Corinne Elliott Deputy Finance Director Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6311 IllioItC@IIIIIl.us boynton-beach.org/ ADA30 Americans with Ii a flffies Act Qeebmte V'M ADM July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Coma, Skender Sent:Tuesday,June 9, 2020 11:04 AM To: Elliott, Corinne<ElliottC@bbfl.us> Subject:76531 Over$10k and sole source forms attached. Thankyoul Page 52 of 1128 Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 ( Boynton Beach, Florida 33426 M� �, x 561-742-6308 Comas@bbfl.us boynton-beach.org/ i�M� ED, 919111111 ADA30 Americans with Ii s 0ifies Act Celabr��'ille the ADA! July 2 , 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 53 of 1128 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 8-Jun-20 Requesting Department: Utilities Contact Person: Tremaine Johnson Explanation for Purchase: Purchasing a valve for Village of Golf ... .... Recommended Vendor Fluid Control Specialties, Inc, [Dollar Amount of Purchase $12,396.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS. Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: !VOTE Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-533-65-02 Project#WTR017 Approvals: Department Head Date Purchasing Agent ,, `� � Date ze:) Asst City ManagerAL Date City Manager Date Form Revised 07!01102 Page 54 of 1128 REQUEST FOR REQUISITION ILT.E.ENTRY DATE: 6/812020 H.T.E.REQUISITION# 76531 Clerk: -MDC Procurement Asst: Director: _ IcalMaltn(Yor ...... ................._ ager(non budgepted $5000+I REASON FOR PURCHASE: Purchasing a valve for Village of Golf. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Fluid Control Specialties, Inc. Admin. { } Date: 6!812020 ASAP { X) Address: 111 Maritime Drive Engineering ( ) Date Needed: 6/22/2020 Confirm. ( } - Sanford, FL 32771 Cust. Rel. ( } ASAPIConf. { } ff Distribution { x) BACKUP DOCS. DELIVERY: SUBMITTED: Phone(contact): (407)302-5611 Water Qua]. ( } Quotes/Verbal ( } E.Admin. 40 (X) Lover$500) _ Pumping ( ) Quotes/Written ( E.WTP 41 { } :over $2000) _ Vendor Number__11343 -- PWTreat. __..). Bid Docs. O W.WTP 42 { } Meter Serv. ( ) Sole Source l_tr. (x ) P/0- 99 { } INITIATOR: Tremaine Johnson, Field Sewage ( } Insurance { ) Special Instructions: Operations Manager R uirements: APPROVED: Strmwtr. ( }� Project Number: WTRO17 Quan. Unit Price Description & Part Number Fund ! Dept _ Basic Elem O® bj F Amount §�_ „ .�_ 1 $11,396.00 6" DeZurik Flanged PEC Standard Port 403 5000 533 65 02 $11,396.00 Plug Valve w/Rotork IQT500-4-20mA Watertight Electric Actuator PEC, 6, F1, Cl NBR, CR*RT-IOT500 ® .._ . 1 $1,000.00 m .Startup 403 5000 533 11 65 02 $1,000.00 TOTAL 403 5000 533 65 02 $12,396.00 t w. G ___--------- .................. i C a . _..... ... ............... Page 55 of 1128 W. Quote Gilberto Rodriguez 111 M3Rutne Dive &ut—.rodnguez�a c-g*-.mm 5artrora, r Date:Jun 5,2020 sanf or , STATES Vad Till:Jul 7.2020 uNIT Qwte Number GRIO14151 32771 P:407-302-5611 F:407-302-5512 FCS Project Number: WWW.flllldCOn>e'015QCC.Cam _. -. Boynton Account Beach Contact Name:Joel Lacroze- Name: Utilities S61-742-6492 SHIP TO: BELL TO: Boynton Beach Utilities Boynton Beach Utilities ATTN.Joel Lacroze ATTN:Joel Lacroze FCS Pro;ect: tri ., QW 1, 6"DeZurik Flanged PEC Standard Part Plug Valve wl Rotork IQTS00 4-20MA 1 $ $ Watertight Electric Actuator 11,396.00 11,396.00 PEC,6,F1,CI,NBR,CR-RT IQT800 Valve Specification: PEC: DeZURIK Eccentric Plug Valve, Rectangular Port (AWWA C517) 5: 6 Inch (158mm); (Standard Port), Stainless Steel Bearings, Welded-In Nickel Seat (Except Rubber Lined or Stainless Steel Bodies) F1: Flanged, Drilled to ASME Class 125/150 (End Connection) CI: Cast Iron, ASTM A126, Class B; (.5"-12" Pressure Rating 175 psi (1210 kPa); (14% larger Pressure Rating 150 psi. (1038 kPa) (Body Material) NBR: .5" - 3" Acrylonitrile-Butadiene Reinforced filler in a PTFE U-ring; 4" & Larger Acrylonitrile-Butadiene Reinforced Multiple V-Ring with External Adjustment, -20 to 250° F. (-29 to 121° t.) (Packing Material) CR: Chloroprene; -20 to 180°F (-29 to 83°C) (Plug Facing) RT-IOT500; Rotork IQ3 IOT500 Electric Motor Actuator Rotork Actuator Specification: Series: I03 Series Model: IOT500 Gearbox: N/A - Direct Mount Hazardous: WT (Watertight) RPM: Adjustable Actuator Speeds Single/Three Phase: 7 - Specify upon order Rated Torque: 580 Nm - 389 lbsft Communications: 4 - 20ma Handwheel: Std Side Screen Protector: UV Shield RHS: No (Remote Hand Station) Adaption Hardware: Included - Direct Mount Carbon Steel FS: Fail Safe - Internal Battery Back Up Lead Time: 8-10 Weeks ARD Full Freight Allowed / Freight Included 2-Year Manufacturer's Warranty Page 56 of 1128 2. Startup 1 $ $1,000.00 1.000.00 Sub Total$12,398.00 Tax $0.00 Grand Total$12,398.00 PIease see T %hI�„{Iwww fluidconuol ,ec.mml Terms and Conditions-Please Reference FCS project Number and Quote Number on all paper work. Qun,auon veud"-ao,yy fnm&Ee h"m Prices quoted are net each.Quotation reflects our policy of sourcing raw materials in the most cost effective manner.Any requirements for specific U5 content shaft require a revised quotation.This proposal is based on the quantities and sizes listed. All pricing is formulated to include all items contained within the proposal. Any deviation from or manipulation of the scope proposed,will require a revised proposal. Standard manufacturer's warranty applies,Ask representative for details specific to products quoted_ Page 57 of 1128 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity,service,or construction, or: b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or, c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition-A procurement decision whereby purchases are directed to one source because of standardization,warranty, or other factors, even though other competitive.sources may be available. Requestor Department .._ Division „”i 1 �5 ' I Point of Contact Phone Number ") 7 ,- � Vendor Company Name s " n _ = a , Address �. Phone Number ti ,,. Point of Contact and Title �s .. a�. What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service e m f " ProducttService Name r Manufacturer Make/Model# Price F. - Did you negotiate the terns or prices with the vendor? Yes ❑ No Why is this price considered to be fair and reasonable? r F 1 Page 58 of 1128 Purchasing Division SolelStnle Source Justification Form Will this purchase obligate the City to a particular vMies r m the future?(Either in terms of maintenance, services,or re-purchase for compatibility reasons) ❑ No IN I This is a sole source because(choose any that apply): ole provider of a licensed or patented good or service Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function(please detail below or reference an attachment). ❑ The vendorldistributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City.(Please provide information on current market prices, availability,etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. Attach documentation to substantiate this sole source claim Including but not limited to: vendor quotes, product manuals,sole source letters,and patents or copyrights. Bill My department's recommendation for a sole source purchase is.based upon an obective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, i' materials, or firms been a deciding influence on my request to sole source this purchase when there are other s uknown supliers that exist. 1. Department$ ecr Sig6ap')�e Date 2. Purchasing Manager/Finance Director Based on the information provided In Sections A and B and the attached supporting documents, I recommend ❑/do not recommend ❑this being certified as a sole source. Required❑/not required❑to be advertised for a period of 7 business days before award. .:� _....::. Signature Date 2 Page 59 of 1128 i E 250 Riverside Ave N 320-259-2000 p (RDeZURIK Sartell,MN 56377 USA 320-259-2227 f I 1 2020 Sole Source Representative January 1, 2020 To: All Customers Re: Authorized Agent Fluid Control Specialties, Inc. is the sole authorized manufacturer's representative of all DeZURIK, Inc. products, including DeZURIK, APCO, Hilton, and Willamette valves, parts, OEM repair parts, and maintenance for the Water and Wastewater Industries in the state of Florida, except for the pan handle counties of Bay, Calhoun, Escamhia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington. If you have any questions feel free to contact me. Best Regards, va) au - l/3/10?0 Michael DeAustin Bid Team Tread info®dezurlk.com www.dezurik.com Premed in the US.4 f Page 60 of 1128 Ur 6o v, oaln 54 So ite Services Rotork Controls,Inc. January 1,2020 675 Mlle Crossing Blvd. Rochester,New York Attn:To whom it may concern 14624 Subject: Sole Source Representative tel: +1 585 247 2304 fax:+1 565 247 2308 Dear Sirs: www.rotork.com Rotork Controls,Inc.is the sole manufacturer of Rotork products and associated equipment. Fluid Control Specialties,Inc.located in Sanford,Florida is the sole and exclusive representative for Rotork electric actuators within the state of Florida excluding the following counties: Escambia,Santa Rosa,Okaloosa,Walton,Holmes,Washington, Bay,Jackson,Calhoun,and Gulf. No other representative can sell products;provide OEM replacement parts,maintenance, repair services, field services and technical support for Rotork Controls,Inc.within the counties identified above. Your contact for Fluid Control Specialties,Inc.is: Robert Whtitenbur 111 Maritime Drive Sanford,FL 32771, Office: 407.302.5611 Fax: 407.302.5612 Email: robert.whri.tenour@fc-spec.com If you have questions regarding this issue,please contact Joe Libasci at 904.334.0614. Sincerely, JM 1W.W Joe Libasci Area Sales Manager-Southeast Page 61 of 1128 I I t I I r N rz I N r f Sb7 x m + I GVV H w i rnm+C�yH tn0Di0 i w H Q A 1A'fl i I1d itl t7d X�O t7 i (-I O CHR o on + n31-3 n3 HCL! 1 W w wH n + Odp 080)Kt.4 I H +f1 l!!d I 3 d to SCJ• c O O I '3'H Z H H 11-3 0 a o Oyy Oyy'sJ�H 0 0►3 I d+C C3 C r til w w o ui w wCh 0 in Ln I Cro Crono + r G] 1 `d ] N N I w o t=in 7 N CL] + U] H ca mro oG i y 0[ 1 m t�0:9n 1 H R, 1 xi P! + t, { ,T1 H H i to E0*r y � H O hl 1 1 I x W-3'1� 1 IS tR I I iT 1 H 20210 I rP 1PHN•❑ 1 tuHW#A i oKp t 2 �H`roH I CViro I tj � ro ro I n Ia I m Sn as �* rj jj I C71 Q a i nG H CQ ra n C? I Ce LTJ y ro H n { C' I G7 CMA,"b•] O $ n rtM i W Z� H O i 0 i ti ni to 1 G z i i!^O b 10 z H W r I y pd H+'�u H H 1 I Hzi ai 1-3 ro o o i 4 00 O w azwz[o� tai rt0 rt 04 1I [ ~ C' L4 n-jn.Win 01 w e TJ 3 H 70 w ai (fit n n i •4 ty+ 1 N N i z O w ! H W O 11i PJ P1 I r] O 01 ! O y1.1 J :a 0 0 b i �y o o + p z �r w 0 �+ 0 0 1 to H H !' W z i .. o a ; +3 0 0 tsi ro ro + r I 1 + CR III u. u. 1 r W + ro n I N W W ni a O I w o w + t1i n O Q o 1 s+ o a i 61 9 • N. ! a a o , N z H n O 0 1 0 o O ! Ht;l H H 0 O + M N x 1 + p 1 I H • I I n I 1 I I I I I I I I ty I 1 r I I H I I C t=i 1rb I z O w o 4 r r w N r r t7 ty ai o C�i O i i id � tH+J I I \ \ t 1 tU N O tLi N W I 1 N N a a Page 62 of 1128 Page 63 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 p p #; 201247 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/11/20 VENDOR 17996 SHIP TO: TO: SESCO LIGHTING, INC. City of Baynton Beach 222 W MAITLAND BLVD WAREHOUSE MAITLAND, FL 32751 222 NE 9TH AVENUE BOYNTON BEACH; FL 33435 i REQUISITION NO. 76267 ORDERING DEPARTMENT: JEN ® • ® ®' ®.® DATE NEEDED: CONTRACT NO COMMISSION APPROVED; EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 4 . 00 EA MEDIUM BASEPLATED ROUND POLE 5975 . 0000 23900 . 00 ASSEMBLY LIGHT POLE ASSEMBLY INCLUDES THE FOLLOWING: MEDIUM BASEPLATED ROUND POLE.119' 5" ABOVE GRADE HEIGHT (6P3I) BLACK .PEBBLESTONE EXPOSED AGGREGATE FINISH AMERSHIELD COATING. ANCHOR BOLTS, FIXTURE:; ARMS, GLASS GLOSE. .4 OF EACH VENDOR ITEM NO. - MBRX06SPL REMARKS : LIGHT POLE REPLACEMENTS ON SEACREST BLVD. SOLE SOURCE LIGHT POLE ASSEMBLY INCLUDES THE FOLLOWING: MEDIUM BASEPLATEDP OUND POLE, 19' 5" ABOVE GRADE ... HEIGHT (GP31) BLACK PEBBLESTONE EXPOSED AGGREGATE FINISH AMERSHIELD COATING. ANCHOR BOLTS, FIXTURE, ARMS, :GLASS GLOBE.'' 4 OF EACH PROCUREMENT SERVICES: " E + I ., P.O. TOTAL 23900 . 00 ACCOUNT NO PROJECT 303-4905-580.63-08 CP0266 I 0 i PURCHASING Page 64 of 1128 Page 65 of 1128 Coma, Skender From: Frederiksen, Mara Sent: Thursday,June 11, 2020 7:39 AM To: Coma, Skender Subject: RE: 76267 Attachments: 76267.pdf Mara Frederiksen Director of Financial Services Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6312 FrederiksenM@bbfl.us boynton-beach.org/ 1090-202CI ADA30 * I * *IX Americans with Disabilities Act Celebrate the ADA! July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Coma,Skender<ComaS@bbfl.us> Sent:Wednesday,June 10, 20201:37 PM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject:76267 Sole Source and Over$10k forms attached. Thanks! Page 66 of 1128 Skender Coma Intern Financial Services i ailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 ` 1 � 561-742-6308 � ComaS@bbfi.us boynton-beach.org/ A, DA30 Americans til Disabilities C 3 'h twhe D,r July 26, 210210 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 67 of 1128 f CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $30,000 Date: 4/22/2020 Requesting Department: Materials & Distribution Contact Person: Jen Paciello Explanation for Purchase: Purchaase of light pole replacements on Seacrest Blvd. Recommended Vendor Sesco Lighting [Dollar Amount of Purchase $23,900.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: m NOTE: Pricing proposal for purchase must he presented in the same detail contained within the contract. Fund Source for Purchase: 303-4101-580-6201 Project# GG1901 Approvals: r Department HeadDate .... Purchasing Agent ��,,.: Date Asst City Manager Date City Manager Date Form Revjsed 02!01102 Page 68 of 1128 Purchasing Division .e. Sole/Sin :le Source Justification Form .._ ..: .m-__.. all this purchase obligate the City to a particular vendor in the future?(Either in terms of maintenance, services, or re-purchase for compatibility reasons) Yes ❑ No e _ . This Is a sole source because(choose any that apply). ❑Sole provider of a licensed or patented good or service Single Source provider of items compatible with existing equipment, inventory, systems, programs, or i services. ❑ Single Source provider of goods and services for which the city has established a standard. {new standards , i require the competitive solicitation process} ❑ Single Source of factory-authorized warranty service j ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function(please detail below or reference an attachment). ❑ The vendoddistributor is the owner of used equipment that would represent a best-valueurch City and is advantageous to the Ci p ase for the . � ty. {Please provide on current market prices, availability, etc,) What necessary features does this vendor provide which are not available from other vendors? Please be specific. jcj ' 'j1 a t-A i . r sAcs Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights My department's recommendation for a sole source - product/servicepurchase is based upon an objective review of the required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor da I have any personal involvement in any way with this request_ No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of : materials, or firms been a deciding influence on my request to sole source this purchase when thereaarep other known su Tiers that exist. 1. De partmen#Director ,u..mm�F.nrc „M� Signature Date _.._ _... l 2.Purchasing Manager/Finance Director _ Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑/do not recommend [I this being certified as a sole source. f Required[]/not required to be advertised for a period of 7 business days before award. Signature �. ._ ... � ..... Date 2 Page 69 of 1128 i Purchasing Division Sole/Single Source Justification Farm This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity,service,or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition-A procurement decision whereby purchases are directed to one source because of standardization,warranty, or other factors,even though other competitive sources may be available. t�eiqueator 4 Vic,. , Division Point of Contact Phone Number sR 'erar3ar Company Name ..... ® _ � Address ......... e Phone Number t� Point of Contact and Title --- �' 4 Wha# other vendors were a s contacted? (List company n; ,l c ted v- C41v"- �k,vA name, contact, and phone number and explain why they were not suitable) °Product or Service Product/Service Name Manufacturer _. �... _. Make/Model# All Price r� I e... e ... Did you negotiate the terms or prices with the vendor? Yes ❑ No ..... _...._ ..._..... I Why is this price considered to be fair and reasonable? I Page 70 of 1128 VENDOR PRICE WSO / PO I Requisition - ��W° Name: Phoneg %- n,..W 0 2. $ Name: Phone 3. $ Name: Phone CBB Bid # Piggy Back Bid # Sole Source Letter Other Page 71 of 1128 0 City of Boynton Warehouse Special Order (Purchase Order) 09105 Vendor {Only one vendor per Special Order}: «mn Ship To: Attn: Warehouse Email Confirmation 222 NE 9th Ave. Fax Confirmation To: _....... _.......___............ __....... Boynton Beach,FL 33435 Total Cost of Order: $ Requesting Department Use WH Use Only Qty. Item # Description Date r .. I I I Requesting Department .. Budget Account D '2--4 t ® t_ S-fr 0,6 1 Project# (Use orn'ly one accomit number per Mier form, If apph able) Department Director Signature .-Z Mig :, t re is mquired Mom an order can be processed) Recipient24,41 Extension or Cell Phone 561, 30 7 -216S' (The Warehous4e will deliver the order to the recipient) ;,WH Only) Order placed Name Date .� Reason for placing order: _ d�c �1.�,( 4'A•ad�t,� ...... ' All copies are to he returned to the warehouse when placing an order. Page 72 of 1128 1 B PO MIMI l lPHU Ix 1 1 t ------------------------------------------------------- ARE ------------------------------------------ ----ARE u I sill 0 n O s s s � I 4 Page 73 of 1128 • x $ o � o n Q �ELI �n on b o 0 Lu 0; 455 IL a Nuovy� YQc ] Q Z R O -J N N a g aV �aWLL°°ayaW�mc IL w 3 pp W O c 9 Q O �=dove �VOd^Q �q 0.Q e ` o ul on Q W Y p 1 Eli yaG ma$00 ��4gWW5J ' rm�W mom �. Qa Fee � 4v;4%e�drlm D O t Li � ��� `3'� ���� m G � d� p1pda Q i?= r e a b m 4 LWr �NQ�.f pp t7 a us I a W m ~ F Ud' d 7G N 0 r ME rg vwfi Wa a �j 1Al l IL da 2.901§9 h l lip, � Z 0.' 4 ppwt U �, , • ' �p WV W tlk 2 i 15 F3 41silo y� W Wil ry0 C6�Y 1 F In W _... m r Y� Page 74 of 1128 1 n 1 To Whom it May Concern ~ Subject:SESCO Lighting Date:November 27,2019- SESCO 7,2019_SESCO Lighting isthe sole authorized Signify of North America manufacturer's representative in the state of Florida,Underthe Signify Representative Agreemen4e have in place with SESCO, they are granted the right to represent Sign ifyformarketing,sales,and overall support forthe luminaire brands thatfall underthe Signify name.This will include the Professional Luminaire Brands: Ledalite,Lightolier,Day-Brite,Lumec,Gardco,Hadco,Stonco,Chloride,Bodine,Color Kinetics,and Philips. Sincerely, ! � ja-- Thad Hill, LC Director of District Sales—Florida Signify North America Corporation 904-923-0463 Signify North America Corporation 200 Franldin Square Drive,5omensec,NJ 08875 Page 75 of 1128 Paciello, Jen From: Mootz,Gail Sent: Wednesday,April 22,2020 10:53 AM To: Paciello,Jen Subject: RE: Emailing:WSO 09105 Jen, Yes,they need to be glass globes,Signify Is what is existing now on Seacrest and the replacements need to match,if you can find a vendor that can match the existing and it is less expensive,that would be great. Thanks Gail Gail Mootz Project Supervisor Public Works,Facilities Maintenance Mailing Address: P.D. Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach, Florida 33435 561742-6223 { f 0 MootzG@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Paciello,Jen Sent:Wednesday,April 22,202010:49 AM To;Mootz,Gail<MootzG@bbfl.us> Subject:Emailing:WSO 09105 Good morning Gail, Please look at the attached special order for SESCO,when looking at Luminaire Matrix it has the leas type as Acrylic Not Glass,this will change to glass will make the pricing more expensive. I will have to email them to get an updated quote. In the meantime can you tell me why the Signify light poles are the only light poles we can go with? Your message is ready to be sent with the following file or link attachments: WSO 09105 1 Page 76 of 1128 Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments.Check your e-mail security settings to determine how attachments are handled. Jen Paciello Supervisor of Materials and Distribution Finance/Materials and Distribution Mailing Address: P.O.Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6309 R 0 PacielloJ@bbfl.us Q boynton-beach.org/ ® 9 INS= Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. z Page 77 of 1128 Paciello,Jen MEMNFrom: Paciello,Jen Sent, Wednesday,April 22,20201'1:43 AM To: Mootz,Gail Subject: RE: Emailing:WSO 09105 Perfect,I will start the requisition. From:Mootz, Gail<MootzG@bbfl.us> Sent:Wednesday,April 22,2020 11:42 AM To:Paciello,Jen<PacielloJ@bbfl.us> Subject:RE: Emailing:WSO 09105 Sorry,that is my fault I thought I attached the updated quote...yes this is good. Thanks Gail Gail Mootz Project Supervisor Public Works,Facilities Maintenance 3 Mailing Address: P.O. Box 310 1 Boynton Beach,Florida 33425 Physical Address:222 N.E.9th Ave. i Boynton Beach, Florida 33435 '® 561-742-6223 w , 0 MoatzG@bbfl.us i Q boynton-beach.org/ �� I'i phi • Please be advised that Florida has a broad public records lave and all correspondence to me via email may be subject to d isclosu re.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Paciello,Jen Sent:Wednesday,April 22,202011:39 AM To:Mootz,Gail<MootzGibbfl.us> Subject:FW: Emailing:WSO 09105 Gail,can you take a look at the updated drawings an let me know if they are approved or need changes, Lauren has also said that Mike taylor was given this updated copy on 2/24. Page 78 of 1128 Jen Paciella Supervisor of Materials and Distribution Finance/Materials and Distribution Mailing Address: P.O. Box 310 1 Boynton Beach,Florida 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach, Florida 33435 561-742-5309 � i 0 Paciello)@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Lauren Tracey<LTracey0sescolighting.com> Sent:Wednesday,April 22,2020 11:18 AM To:Paciello,Jen<PacielloJ@bbfl.us> Cc:Craig Grillo<cgriIIoJMsescoliehtine.com> Subject: RE: Emailing:WSO 09105 Good Morning Jen, It looks like the quote you had was older than the most recent.Craig had sent the attached to Mike Taylor around 2/24 and the quote you sent was dated 2/6. Please see attached record drawings from the vendor reflecting the glass globe,please advise any changes needed,as well as the finalized quote that should be used for order entry purposes. Thanksl Lauren Tracey,MBA Sr. Project Manager I Public Sector 222 West Maltland Boulevard I Maitland,FL 32751 P:(407) 629-6160 1 F:(407)629$368 EI '1f there is a problem with a SESCO product that you specified or we supplied. we will fix it.PERIQIY' L• I sti It"Y' 1 N�s From: Paciello,Jen<Pacielloj(&bbfl.us> Sent:Wednesday,April 22,202010:52 AM To:Lauren Tracey<LTracev(fsesm1Ightine.com> Cc:Craig Grillo<cerillo@sescoliehtine.com> Subject:Ema€ling:WSO 09105 Importance:Nigh Good morning Lauren/Craig, I was given this order to place but I noticed that they have written in pen that they would like Glass Globes,however on the Luminalre Matrix it shows being quoted for Acrylic again, I know the pricing is different so can you please send me an updated quote and Luminaire Matrix reflecting Glass Globes? 2 Page 79 of 1128 Your message is ready to be sent with the following file or link attachments: W50 09105 Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments.Check your e-mail security settings to determine how attachments are handled. Jen Paciello Supervisor of Materials and Distribution Finance/Materials and Distribution Mailing Address: P.O.Box 310 1 Boynton Beach, Florida 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach, Florida 33435 561-742-6309 0 PaclelloJ@bbfl.us f boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 3 Page 80 of 1128 QUOTE#S0009911 CITY OF BOYNTON BEACH SEACREST GLASS REPLACEMENTS Date:412212020 41:12 AM ORLANDO 222 W Maitland Blvd S E S C 0 Maitland FL 32751 P 407-629-6100 1 F:407-629-6213 L I G H T I N G "if there is a problem with a SESCO product that you specified or we supplied,we will fix it...PERIOD" _JoblProlect-Narne: CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH SEACREST GLASS BOYNTON BEACH FL REPLACEMENTS Attn: MIKE TAYLOR Contractor:: Bid Date:: Location �� Secifleis: Contact°Name: Type. �Rerriarits: PRICING VALID FOR 30-DAYS.-SALES TAX NOT INCLUDED WHERE APPLICABLE.FREIGHT ALLOWED 0 TxpeMfg- Desctilation Price', 4 AMERON MBRX06SPL MEDIUM BASEPLATED ROUND POLE,'l9'-5"ABOVE GRADE HEIGHT (SP31)BLACK-PEBBLESTONE EXPOSED AGGREGATE FINISH AMERSHIELD COATING 4 AMERON ANCHOR BOLTS 1 AMERON FREIGHT 4 FIXTURE HADCO 04982C-AGL4NG250HG 4 FINIAL HADCO CA4982A-A 4 ARM HADCO CA4982-P3AN SUBTOTAL. $23,900.00 FREIGHT INCLUDED SALES TAX NOT INCLUDED WHERE APPLICABLE TOTAL: $23,900.00 I'Priees Firth for Enlry.By: "Shipmei t''B ;Lead Time: Z 1 30 Days Varies by Mfg prreted By. ;E=mall: �_ 'Oath: Tracey,Lauren Itracey@sescolighting.com 4/22/2020 > Price per BOM only > Complete quote must be used.no partials > Spare material,allowances,dimmers and sales tax NOT Included unless noted > Prices include standard finishes only unless noted > Lamps are not Included unless noted(This does not apply to fxhm wler Internal LED diodes) > Pole wind load calculations do not Include struaturat base engineering a Project may Include SESCO start up services which consist of programming,testing,end user training and system configuration back up. These services are required for manufacturers warranty. To ensure this warranty,SESCO start-up costs ane non-refundable > All warranties as per manufacturers terms > All shipments FOB origin > Deposits may be required as noted at time of breakdown > Quotation valld 30 days > Hold for Release orders do not secure project pricing but may be required-for factory drawings > Additional costs will be charged to ship the Anchor Bolts and Template out ahead of time Page: 1 of 1 Page 81 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 201256 P.O. BOX 310 DATE: 06/15/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 14748 SHIP TO: TO: A CUT ABOVE LANDSCAPE & IRRIGA City of Boynton Beach 1686 D ROAD PUBLIC WORKS DEPARTMENT LOXAHATCHEE, FL 33470 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 76563 ORDERING DEPARTMENT: ENGINEERING/MD/ALGA , DATE NEEDED: _ CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 630 . 00 DL ROYAL PALMS FROM SARA SIMS PK TO 1. 0000 630 . 00 TOWN SQUARE PIGGYBACK PBC CONTRACT $#17005C EXPIRING 02/06/21_ DEEP ROOT LIQUID DRENCH W/20-20-20 MACRON, APPROX. 50 GALS (PER PALM) TOP DRESS W/8-2-12 PALM FERTILIZER, APPROX 10-L3S (PER PALM) 2 2911. 00 DL FIRE STATION #1 TREE INSTALL 1 . 0000 2911 -00 3 9980 . 00 DL. HARVEY OYER PARK REMOVE ROYAL 1.0000 9980 . 00 PALM REMOVAL OF SPECIFIED ROYAL PALM. AT INTRACOASTAL PARK AND RELOCATE FROM N P/L RO INTRACOASTAL AND BRACE (4X4.) . TRANSPORT COSTS REMARKS : RELOCATION OF PALMS FROM SARA SIMS TO TOWN SQUARE, FROM ALONG N WALL TO. FS #1 AND FROM HARVEY OYER TO INTRACOASTAL PARK. P 0 PROCUREMENT SERVICES �r �� TOTAL: 13521. 00 J ACCOUNT NO. PROJECT 001-2730-572 .46-98 i PURCHASING Page 82 of 1128 Page 83 of 1128 Coma, Skender From: Frederiksen, Mara Sent: Monday,June 15, 2020 3:50 PM To: Coma, Skender Subject: RE: 76563 approved Mara Frederiksen Director of Financial Services Financial Services Mailing Address: P.O. Box 310 IBoynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 ( Boynton Beach, Florida 33426 561-742-6312 "} FrederiksenM@bbfl.us ( baynton-beach.org/ rr zr, ADA30 Americans can with Disabilities Act C,ekabrate the'PAZAJuly 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me Via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Coma,Skender<ComaS@bbfl.us> Sent: Monday,June 15,2020 3:34 PM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject:76563 Thanks! Skender Coma Intern Financial Services ` Mailing Address: P.O. Box 310 l Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 ( Boynton Beach, Florida 33426 561-742-6308 ComaS@bbfl.us � �, boynton-beach.org/ 1 Page 84 of 1128 art A: DA, 30 Americans with i abil tie Act Celebrate the ADA! July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. z Page 85 of 1128 t CITY OF BOYNTON BEACH n R REQUEST FOR PURCHASE OVER $10,000 Date: 6/15/2020 Requesting Department: PW-Engineering Contact Person: Matt Doyle Explanation for Purchase: For the relocation of palms from Sara Sims to Town Square, from along N wall to Fire Station #1 and from Harvey Oyer to Intracoastal Park. .. .. Recommended Vendor A Cut Above Dollar Amount of Purchase $13,521 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sale Source Piggy-Back 0 Budgeted Item Emergency Purchase Other Contract Number: 17005C NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2730-572-46-98 Approvals: Department Head W.4 4 e W eW Date AN Purchasing Agent "` �" . �� ' Date r " Asst City Manager Date City Manager Date ., Form Revised 02/01/02 Page 86 of 1128 Page 87 of 1128 O O 1 1 N N 1 F In a w 1 I ri H I \ \ I F Lp 1p 1 { 1 1 0 0 o n 1 { 0 0 o a w W an i i O o ,1 o F-1 Ea E-1 (may 1 I M .-I CO N If��i �i pl I I 1 %D 01 pl Ln A I I N Qi M � F I l I I , 1 I H I 1 a I I w I i Q I I I , 1 I 1 I 1 , 1 H I 1 z O H H I I O [] O Uz-Iw 1 O O O OO O O 00 N 1 ,-I r-1 r-I �y Cl w r XO ON m M I N Ch CJ H 1 1 W EE { 00 o i z nl O '� HH+.UI F O O O •• I Ln N7H O O F7[„) 1 a O Q I r r4 F .-I H O i H O 1 E Q z F z V 0 H 1 O O r H G U! rtC 1 E t U! m 7 a E eP O A A A OI i 0 iJ E IQ W4 1 W O WZ H Ix I O 0 0 IMI z pd'i H aD Hi H H W H a: �-+ 1 O N O I H A EO r7y. i +0 6i m W WO 01 i N i E rnz uEi N tt O H iwn 1 \ a [/l] ]1Lz, o W og FV^4 I V m 0 iH a Enmx -- oIs � o `�wwul pq ul wz U� UVUVUV d r E>4 N1WH WH r�4H L11 IIyH�� 1 RPM [x'7.1[�T-I , ow 1 Boa Z m 2 n 1 7.HTH I EU NM04UJ 4 UPC a a UCd H H H 1 Yom 1 WWa WN wW I + NCD CDWP4W 41Y. as w I \U!\U!\U] O N w— -,b I-a -a 'i+ \Cly -48 1 MME Ri \ ca I w rl \w U7 �i(n OI-I N H ifs 1 H H H C7 aG , 2:-1 rd CA 0 E U' PC1 U]GVF ; aoaoa0 k' 04 I Hak Aq�z M ;a; S+ZO7Nyz H D I w x H $t., H O V H E4 3 I H U Pa 1 L.7'2" HO �." C9 Da V z44 �£ E U 1 P7E1rI{gH SSq, H qPS 0.'wH 1 H I cwd A{� fa R.' W W W O A Edi + H a I 0 Aj HE+ "E IXH aH E0 I C3 I £Ow EM Wwom I ao ob ao Z p £O A u: w w .CHH W 1 m m rn Es7 W I O V H al H pq p;Cl W I LD kD I,v I PC s'70.1G18M ,k0�" M Opppt 1 v v VI I WV d VZ, PCE Na0 2: I N N N P; + v]a I r- r- h au o z l w a a w .. .. o .... a P—.. 1 Ln In Ln H O 1 0401>4n 1ZJ I V oOPyH O � FO 1 E Op0 E H I C —WHO & HOX 0:VOrh+r h th C, H aE C, A cis N N E O H Orl H a0�E 00� 0 w w ao2 a wOmc5mum Hw CR a A s An rsl W 04 ;w I 1 U] H I 1 H a 1 1 a I Page 88 of 1128 Page 89 of 1128 Purchasing Department 50 South Military Trail.Suite 110 Form L January 7,2020 West Palm Beach,FL 33415.3199 (561)616-6800 A Cut Above Landscape&Maintenance, Inc. FAX:(561)242-6744 Eneyda Gomez,Pre-Construction Manager vrww.pbcgov.comlpurchasing 1666 D RdLexahatchee,FL 33470 t TERM CONTRACT# 17005C Dear Vendor: This Is to inform you that Palm Beach County Board of County Commissioners lahn Beach County ("County") Is entering into a Term Contract with your company for LanY�` ds_ cage Board of county Insllatign at ValriQus49%ft0 based on: Commissioners Dave Kerner,Mayor 1X] RENEWAL OF CONTRACT based on SOLICITATION#17-0061ZG in accordance with all original terms,conditions,specifications and prices with no deviation. Robert S.Weinroth.Vice Mayor [X] OTHER: Lot 92 Hal R,Valeche Gregg K Weiss The term of this contract is 0210712.020 through 02106!2021,,, and has an estimated dollar value of$116,000, Inclusive of all vendors awarded. Mary Lou Berger If applicable, Vendor shall maintain all insurance coverages) throughout the entire Melissa McKinlay term of the contract, including any renewals or extensions thereof. Mack Bernard County User Departments will Issue individual"Delivery Orders"against this contract as your authorization to deliver. The original Invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the'invoice'may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for cO°"�Ad�inis�tor the County to make payment, the Vendor's Legal Name; Vendor's Address; and Verdenla C.Baker Vendor's TINIFEIN Number on the Vendor's bid/quotelresponse must be exactly the same as It appears on the invoice and in the County's VSS system that can be accessed at b_Ua�tikkvssp.co.paim-beach.fl.usLv&bgpn/vssL)IARSelfService Failure to comply with the foregoing may result in a delay In processing payment. If you have any questions, please contact Marva Brown_at mbrown be ov.v or (561)616.6816. Sincerely, AnI� � � KaOleen M.Scarlett tin Equal ppporruaity Director Affirmative Action Ernployer' c: Countywide File prhrtad on suslainade and n3cy.W paper Page 90 of 1128 Page 91 of 1128 'I BIN 0 ROAD A CUT .' , u-"11- VELOXANAT01,11EE� F1 33470 LANDSCAPE & IRRIGATION t, i Design•installation•Mlaintenance 6 . ' , ' 0918 - FX NAME/ADDRESS it 0 6 City of Boynton Beach �$ i Attn: Matthew Doyle PO Box 310 Boynton Beach, FL 33425 PROPOSAL DATE PROPOSAL PBC SBE Vendor#VC0000009701 6/5/2020 14022 �_l DESCRIPTION QTY j COST TOTAL Fit, ROYAL PALMS (0 5",ARA SIMS PARIC ACA to provide any/all necessary equipment, labor, supervision,materials and supplies to complete the fallowing: ACA TO PROVIDE&INSTALL THE FOLLOWING: Deep Root Liquid Drench w/20-20-20 Macron,Approx. 50 Gals(Per Palm) 6 60.00 360.00 Top Dress w/5-2-12 Palm Fertilizer,Approx 10-lbs (Per Palm) 645.00 270.00 x ti `e- cusroMerc gurHo►uzaT �k TOTS $630.00 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO.I OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY"PLANTS",STATE OF FLORIDA,DEPARTMENT OF AGRICULTURE.THERE WILL BE■CHARGE OF 1.5%ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY,SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT,CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN,YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO AGA TO COMMENCE PROPOSED WORK. Page 92 of 1128 16,96, 11 ROAD A CUT ABitiVE MARA TICKER Ft 33470 al 1993 LANDSCAPE & IRRIGATION - a ,0 - PH .1 sMAM - V Design-installation-Maintenance sf } NAME/ADDRESS I City of Boynton Beach Attn: Matthew Doyle PO Box 310 Boynton Beach, FL 33425 PROPOSAL DATE PROPOSAL.# _ate_ _ .. .- ®w . PBC SBE Vendor#VC0000009701 5/26/2020 14002 DESCRIPTION QTY COST TOTAL FIRE STATION A°1 ACA to provide any/all necessary equipment, tabor, supervision, materials and supplies to complete the Following: Admin/Mobilization 250.00 250.00 Relocate Small Leaf Clusia from front along N. wall 53 5.00 265.00 ACA TO PROVIDE&INSTALL THE FOLLOWING: Adondia'Christmas' Palm (10'OA,double trunk) 2 289.00 578.00 'Sloppy Painter' Croton #3 67 12.50 B37.50 'Green Island' Ficus#3 50 10.75 537.50 I Eco Mulch (Per C.Y.) a 40.00 320.00 Topsoil (Per C.Y.) 3 41.00 123.00 i : I i tI Iry ., CUSTOMER AUTMOJUZ01 TOTAL $2,911.00 a ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO.1 OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY"PLANTS",STATE OF FLORIDA,DEPARTMENT OF AGRICULTURE.THERE WILL BEA CHARGE OF 2.50/0 ON ANY BALANCE REMAINING AFTER 30 DAYS PAST THE DUE DATE WHICH SHALL BE ASSESSED MONTHLY.SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT,CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEY'S FEES THEREIN.YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA's COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Page 93 of 1128 IM D ROM A CUT AB4VE LUUHATCWEI� 111 3347U IO " 1,79&1995 - PH LANDSCAPE & IRRIGMN 0 Design-Installallon-Maintenance 5,01.1"S FX NAME/ADDRESS ...... 9 City of Boynton Beach Attn: Matthew Doyle PO Box 310 Boynton Beach, FL 33425 PROPOSAL PBC SBE Vendor#VC0000009701 5/26/2020 14003 1 DESCRUMON QTY COST TOTAL [RE: Harvey C. Oyer Park(Revised) ACA to provide any/all necessary equipment, labor,supervision, materials and supplies to complete the following-. Admin/Mobilization 500-00 500.00 Removal of specified Royal Palm at of Intracoastal Park. Pricing includes anylall 2 I'000.00 2,000.00 disposal fees, Relocate Royal Palm from N. PIL to Intracoastal Park&brace(4x4's) 2 3,400.00 6,800.00 Transport Costs 2 275.00 550.00 Installation a Irrigation Bubblers 2 65.00 130.00 CUS70MER AUTHORLUTZON. TOTAL $9,980.00 ALL LANDSCAPING SHALL BE INSTALLED ACCORDING TO SOUND NURSERY PRACTICES AND SHALL BE FLORIDA NO.I OR BETTER AS GIVEN IN GRADES AND STANDARDS FOR NURSERY'PLANTS-,STATE OF FLORIDA,DEPARTMENT OF AGRICULTURE.THERE WILL BE A CHARGE OF 2.5%a ON ANY BALANCE REMAINING AFTER 30 DAYS PASTTHE DUE DATE WHICH SHALL BE ASSESSED MONTHLY.SHOULD ACA BE REQUIRED TO PURSUE COLLECTIONS IN THE ABOVE ACCOUNT,CUSTOMER SHALL BE LIABLE FOR COSTS OF COLLECTION AND REASONABLE ATTORNEYS FEES THEREIN.YOUR SIGNATURE ABOVE CONFIRMS YOUR UNDERSTANDING OF ACA'S COLLECTION POLICY AND GRANTS PERMISSION TO ACA TO COMMENCE PROPOSED WORK. Page 94 of 1128 Page 95 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 201257 P.O. BOX 310 DATE: 06/16/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 1389 SHIP TO: TO: HARDRIVES OF DELRAY City of Boynton Beach 2101 SOUTH CONGRESS AVENU EAST UTILITY ADMIN DELRAY BEACH, FL 33445 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 s REQUISITION NO. 76534 5 ORDERING DEPARTMENT: UTIL PWT/MR {f DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COSI' COST 1 1. 00 EA EXCAVATE AND PLACE SLUDGE 16500 . 0000 16500 . 00 MATERIAL IN DESIGNATED stockpile area. Price includes mobilization, it is also based on the premise that the dragline can be left on site .when not in .use, or .wll be removed once complete, if required. REMARKS: REMOVAL AND STOCK PILE OF SLUDGE MATERIAL FROM EAST WATER TREATMENT PLANT. PRICE INCLUDES .MOBILIZATION AND IS BASED ON PREMISE .THAT THE DRAGLINE CAN BE LEFT ON SITE WHEN NOT IN USE, OR WILL BE REMOVED ONCE COMPLETE IF REQUIRED. PROCUREMENT SERVICES: mP.O, TOTAL: 16500 00 ACCOUNT NO. PROJECT 401-2811-536.49-17 PURCHASING Page 96 of 1128 Page 97 of 1128 Coma, Skender From: Frederiksen, Mara Sent: Tuesday, June 16, 2020 10:15 AM To: Coma, Skender Subject: RE: 76534 approved Mara Frederiksen Director of Financial Services Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 si Physical Address. 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 561-742-6312 FrederiksenM@bbfl.us boynton-beach.org/ ADA30 Americans with Disabilities Act "'he ADM July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Coma,Skender<ComaS@bbfl.us> Sent:Tuesday,June 16, 2020 10:09 AM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject:76534 COI to 10/1/20. Thanks! Page 98 of 1128 ender Coma Intern y Financial Services j oz h u Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 � 561-742-63078 ComaS@bbfl.us boynton-beach.org/ ADA30 Americans itF Disabilities Act Celebrate he ADpry,: July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 99 of 1128 IN n c�o, ;{y.� v 'n B� A ' � �� � � ��� `�r� , C« rv#ESFOR M.obr R .fin RC1,1,ASE OVd%`W�i4iR $1 0�.wP 0 t yll N 1k P fd Date: 8-Jun-20 Requesting Department: Util-PWT Contact Person: David Roland/M. Roberts Explanation for Purchase: Excavate and place sludge material in designated stock pile area. iRecommended Vendor Hardrives, Inc Dollar Amount of Purchase $16,500.00 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Q Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presenW In the same detail contained within the contract. Fund Source for Purchase: 401-2811-536-49-17 a Approvals: Department Head T Dat o d o , ,Purchasing Agent Date ;' 4q ^ Asst City Manager Date City Manager Date mm Form Revisedo21o1ro2 Page 100 of 1128 REQUEST FOR REQUISITION &T.E.ENTRY DATE: 06/8/2020 H.T.E.REQUISITION# 76534 Clerk: At — Procurement Asst: Director. r 42 City Manager(ncN1*udd f ca:'site]and/or$50�O-!pyo REASON FOR PURCHASE: Removal and Stockpile of Sludge material from East Water Treatment Plant. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: i Name: Harddrives, Inc Admin. { ) Date: 0618/2020 ASAP (X) Address: 2109 S Congress Ave Engineering ( ) Date Needed: 07/1/2020 Confirm. ( } Delray Beach, Florida Cust. Rel. { ) ASAP/Conf. ( } Distribution ( ) BACKUP DOC$. DELIVERY: SUBMITTED: Phone(contact): W.Allen Poston Water Qual. { ) Quotes/Verbal ( ) E.Admin. 40 over$600 561-278-0456 Pumping ( ) QuotesNllritten { ) E.WTP 41 (X) (aver $2000) _ Vendor Number:1389 PWTreat. X Docs. ( ) Bid O ; W.WTP 42 Meter Serv. ( } Sole Source !_tr. ( ) PIU 99 ( } INITIATOR: Juan Guevarez,Manager Sewage { } Insurance ( } Special Instructions: Treatment&'Water Quality Re uirements: . ............. APPROVED: Strmwtr. O Project Number: i Quan Unit Price Description&Part Number Fund __Dep tasEc Elem Obi '. Amount 1 16,500 Excavate and place sludge material in r 401 2811 . 536 49 17 $1fi,500 designated stockpile area. Price includes j j mobilization, it is also based on the k premise that the dregline can be left on site when not in use, or will be removed once i complete, K required. . . _ TOTAL � 401 2811 536 49 17 $16,500 E I � C ..... ... _ Page 101 of 1128 The City of Boynton Beach Room �"�`�`'` UtiktiesDeparr[mertt 724,& Wwlb4gldRoad Boynton Beach,Florida 33435 Phone(SGI)742-6400 F,".-(91742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Removal and Stockpile of Sludge material from East Water Treatment Plant. VENDOR#1 Harddrives, Inc DATE: 05/27/2020 CONTACT PERSON: W. Allen Poston PHONE NUMBER: _561-278-0456 QUOTE: $16500.00 VENDOR#2: Dev-Land Demolition&Site, Inc DATE: 05/28/2020 CONTACT PERSON: Carl Deveaux PHONE NUMBER: 561-585-6370 QUOTE: $34,560.00 VENDOR#3: M&M Construction DATE: 06/4/2020 CONTACT PERSON: No Response/No Quote PHONE NUMBER: - m QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 102 of 1128 {frac t4 c DRIVEWAYSel, PARKING AREAS 0 STREETS GRADING x, ROCK & FILL , CONCRETE WORK t . PHONE 561-27a-0486 2101 SOUTH CONGRESS AVENUE FAX 861-278-2147 CELRAY BEACH. FLORIDA 33415-7398 QUOTATION May 27,2020 Phone:561.742.6953 TO: City of Boynton Beach Email:rolandd@o1bl;IMs David Roland,Lead Operator Boynton Beach Utilities 5469 West Boynton Beach Blvd. Boynton Beach,FL 33437 NAME OF PROJECT: Removal and Stockpile of Sludge Material LOCATION: Boynton East Water Treatment Plant,Baynton Beach PLANS AND SPECIFICATIONS: As Described Below WE PROPOSE TO FURNISH ALL LABOR,MATERIALAND EQUIPMENT TO PERFORM THE FOLLOWING: Excavate and place sludge material in designated stockpile area. LUMP SUM: $16,500.00 NOTE: • Price includes mobilization;however,it is also based on the premise the dragline can be left an site when not in use,or will be removed once complete,if required. The prices on this Quotation are valid for 30 days. Thank you. ACCEPTED BY: HARDRIVES OF DELRAY,INC. DATE, � _ n � ��... ig K Elmore,Vice President HARDRIVES CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS: Power steering and fast starts will damage asphalt. We cannot be held responsible after completion of this project. Grass and weeds will grow through asphalt.The control of these isthe iesponsi bility of the owner of the property. Buyer's signed acceptance will constitute a binding contract In the event there is any default in payments due under this contract and the same Is placed in the hands of an attorney for collection, the purchaser and/or purchasers agree to pay all cost of collection,including a reasonable attorney's fee. Page 103 of 1128 D N-Land Demolition & Site, Inc. 11 $randywine Lake Way Phone:(561)585.6370 tx Beach,Fl. 33473 F= (561)732-0105 PROPOSAL City of Boynton Beach Project: Sludge Pond Excavation Project Attn:David Boynton Beach,Fl. Tt :.foiiowing proposal is submitted far your review and acceptance and consists of A SLUDGE POND EXCAVATION 1 DIMENSION OF EXCAVATED AREA APPROX. 100'WIDE,25'DEPTH, 175'LENGTH APPROX. 16,204 CUBIC YARDS. B. EQUIPMENT USAGE APPROX.3 V.WEEKS. Equipment needed: 1.Long stick excavator 150.00 per hour. 2.Front end loader 90.00 per hour. i TAL PROPOSAL: S34,560.00 7/M/w ftp S t by: DAV " Deveaux ''sident A opted by: i Page 104 of 1128 Roland, David From: Roland, David Sent: Thursday,June 04,2020 2:18 PM To: mcc2019@gmail.com Cc: Guevarez,Juan Subject: Removal of Sludge in Lagoon Good afternoon Clebert, Can you please send us a quote for dredging out our Lagoon at the City of Boynton Beach East Water Treatment Plant. We are located at 1620 South Seacrest Bbd, Boynton Beach, FL33435. Thanks, David Roland 0 � i Page 105 of 1128 W r ' ' m G w z t r t H SV N i 1 b M " 1 conmMmrrM] I O H H g05 0•� r?s'C Dom ro" b I O H wooap,crO H-H [7 H cog MH w N OakOOamt� H Va Ln . ..ommn m a I CHnm rr wro LD Fl i tangy 00 � 0�y rom Wilms H-rn Cl [a7�Nb�f01 t H80 M � CCdd I H H 1 Lr \ mm F-I W F~11 rt�� � � � O I 1 H 7d H(] -(D [a I Hmp. I E m trz f ID Li L7 I F+- N• t H 1 F•'PjN a ;mm i rw�� i H C I b�N•H 1 [�!-sI ,�7In Ip m mrO0 � M 1-3 � � �� n z n ; mF•m m zm N a ' dna ; � •• En C ' a Ma x H z � 1 < at,a M z °cy � H ' x � W F H H I l ro H O O I l •� 1 � z tzj 0 i i p i En g w D � ; H m n H i t�=J H I t6 'ji I 9 m •� i W p F�•i rr 1 w v I 4 b l IR M o Ln 1 [+1 o ul 1 0 I.3 I Ol H O 1 O O 1•� I O H t•3 O 1 H h] .] O o o O z I--p z �,� I c c to O 1 10 [�]� O I 2 1 y i a I ta r H C h 1 m OI I H O 1 1 kn r 1 1 O O M 0 1 1 o a I t7 I 1 1 vA 1 1 O o 1 f] 0 1 C 1 o v 1 H I 1 I I O I 1 3021 C� i 1 I I I [rJ 1 I 1 I W I I 1 ZM I 1 H I 1 HQ f].�+ I I rb 1 1 1 z 1 Q1 D1 i HLFI I 1 a 00 t Lz] 1 p CS IL'. 1 H I ' .• .. O O q zi I I n 1 1 J 1 I 1 \ \ l O O 1 I 1-1 00 I N N I o 0 Page 106 of 1128 Page 2 of 2 CERTOATEJMWD0ft-MI IFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 0 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 dw-cefoiriaae h Is an ADDITIONAL INSURED,the pDlky(ho)must have ADDITIONAL INSURED provisions or be endo - IfSUBROGATION IS WAIVED,subjea to the terms and conditions of the policy,certain poticles may require an and mein. A statement on this cortiffcM don not 1.0, his to the certificate holder In lieu of such endarearrven0r). r PRMCER NAM, vA—x WLzIiz of Florida, Inc. c/o 26 Cantury Blvd P.O. BOX 305291 ........... as Nashville, TN 272305191 M INSURMSJP�"—C""COVERAGE, NAICA INSURER A.. Zurich American 1W=&n09 COIWAnY 26535 INSURED American Guarani and Liability Ins==00, 26241 Herdz*veffi Oil Defray, Ina. k1m HardrLves, Inc. Alta: stw" 610s k 2101 8. COACT095 Aroma MSURER 0 Delray amelh, M 33445 COVERAGES CERTIFICATE NUMBER;W12734242 RLWION NUIMBERs —5-0—y=��IOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCEI I LISTED BELOW HAVE BEEN ISSUED TO THE INSURED EDA FOR THE PO INDir-ATED. KOTVATHSTANDING 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TENS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS --ADDLISUM rQUO EFF LKM X COWEIMULGENLULLIAORM FACH=URRENCE I-x PR1 300,000 CLOJUS-NME O=UR M_5k���L 10,000 Y OW 0185301-04 10/03J2019110/0112021) FERS"L&ADVINAIRY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEWL AGGOeGATE LWT APPLIES PER 4 PRODUCTS i2MPA�AGG .L. PC=F'n p`RD- E".Loc 3 JECT .............. LE1,000,00 AUTWOULUMM ANY AUTO BOD21-y IM JAY P&P"M) 15 SCMECULPI) 2" 0195300-04 Ifo/al/2019 3,0/0112020 BODILY IKAJRY J12w..drd) S AUTOS PSPnZ�RTnY �A NOW-VMED AUTOS ONLY HAUTOS ONLY . ... ......................— ........ umofda.LA LAD OCCUR -EACHOCCURR EMCMLIM CLAIMS4MM RETEMM,, OED I x KER5COUMBATM —=1TUffTE,.'. iANoF4ffjXyjWUA8LFIY YIN El EACH ACCIDENT 1,000,000 B ANYPROPMEI ATNEPJEYMLMVE OFFMaROM12MBERMCCLUDED7 NO N f A VC 0155653-03 1,000,000 EL.DISEASE-EAEMPLOYeE I ,dfjWfturft E.L.D45EASE-POLICY LIMIT 3 1'000.000 , --RIPTPONOF, J, TIONSbalaff 065c" OFOPERATIONSILOCATIONSIVEHIGM gILS7DR0101,AdaNbnslllrmuYs4sleduls.wsYlessldclydlrntowapsnisnYsiwdl Mrtirloate solder is included as an Additional Inoured as respects the general Liability pol:Lcry as reWlred by written contract. CERTIFICATE HOLDER CANCELLATION , $MOULD ANY OF THE ABOVE M&CROMD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, W0710E WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION. City of soynton Readu AVINOPM RLMAZINITAT11A r IW Attn: PAak Manageamt p �� - ? P. D. Hoz 3LO L; -� 1988-2019 ACORD CORPORATION. All rights reserved. Boynton sear}., 9%-SS435 -- ACORD 25(20160) The AGORD name and Wgo are m9istaind markt of ACORD sa M 19530380 RAM- 1373027 Page 107 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #: 201272 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/23/20 VENDOR 1821.0 SHIP TO: TO: DISCOUNT-EQUIPMENT.COM INC City of Boynton Beach 990 W 15TH ST POLICE DEPARTMENT RIVIERA BEACH, FL 33404 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. 76555 ORDERING DEPARTMENT: POLICE-SS : r DATE NEEDED: CONTRACT NO COMMISSION APPROVED EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA INBOUND FREIGHT TO YOUR LOCATION 800 . 0000 800 . 00 ( 99-FRGHTIN ) PAR VENDOR ITEM NO. - 99-FRGHTIN 2 1 . 00 EA MISCELLANEOUS CROWN PART / ITEM 1850 . 0000 1850 . 00 (SEE NOTE BELOW) 9 VENDOR ITEM NO..- 99-MISC-CROWN=l 3 1. 00 EA MISCELLANEOUS BROCE BROOM PART / 14000 . 0000 14000 . 00 ITEM (SEE NOTE BE VENDOR ITEM NO. - MISC-BROCE BROOM-1 4 1 . 00 EA MISCELLANEOUS BARETTO PART / 1000 . 0000 1000 . 00 TTEM DESCRIPTION Trailer: Welded Structural Steel Frame, Round Fenders that are Bolted to the Trailer Frame, 2 , 000 lb. Axle Assembly, Double Eye Leaf Springs, 15 wheels / tires; Four 2 ,. 000 lb. corner ,Stabilizer swivel Jacks, Telescoping Tower with 3600 Rotation Drawbar: Removable, 2 Ball Hitch, Swivel Foot pad Tongue hack,. Flat four trailer Tights plug Color: Powder . Coated Blue/White Police Package with Corrosion package Metra Matrix Display: 12 Variable Fonts,. Full Range of MUTCD Graphics, Weather Resistant Aluminum Cabinet, Powder Coated Flat Black, Lexan Window, Stainless Steel Hinges, Cooling Fans to Circulate PROCUREMENT SERVICES. TOTAL: r� ACCOUNT NO. PROJECT 105-3448-521.64-02 PURCHASING Page 108 of 1128 Page 109 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX p O #: 201272 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/23/20 VENDOR 15210 SHIP TO: TO: DISCOUNT-EQUIPMENT_COM INC City of Boynton Beach 990 W 15TH ST POLICE DEPARTMENT RIVIERA BEACH, FL 33404 2045 HIGH RIDGE RD;. BOYNTON BEACH, FL 33426 ......,, ....... A,,,,,. REQUISITION NO. 76555 ORDERING DEPARTMENT: POLICE-SS �....a wnwnwnwne— - .e<<<iii++uur .wwuuuuuuwvnwum.m®ms DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: _._ �m. .......- . EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST Air ICC (In Cabinet Controller) : Capacitive 7 Touchscreen Controller, Full color Touchscreen Display, Multi level Password Protection,. NTCIP Compliant, Easy to Use, Vandal Resistant when Deployed 5 Year. Wanco manufactured electronics Warranty Batteries: .Wanco standard battery box, Four -6V Batteries (430 Ah Total Capacity) , . 15 Amp Batter Charger Solar: High Efficiency Photovoltaic Solar Module, 85W Solar Panel (Medium Display) , Regulated by the Wanco Message Sign Control .System VENDOR ITEM NO. - 99-MISC-EARETTO-1 REMARKS: TRAFFIC TRAILER/MESSAGE BOARD FOR PD TRAFFIC UNIT MESSAGE BOARD IS 4' X 6' AND HAS SPEED. MEASUREMENT AND CELLULAR CONNEC`T'IVI'T'Y -- . I PROCUREMENT SERVICES: P.O. TOTAL: 17650 .00 � I r ACCOUNT NO. PROJECT f 105-3448-521.64-02 PURCHASING Page 110 of 1128 Page 111 of 1128 CITY OF BOYNTON BEACH ` REQUEST FOR PURCHASE OVER $10,000 Date: 6/19/2020 Requesting Department: Police Contact Person: S. Stewart Explanation for Purchase The Traffic Unit was issued a grant for equipment. The equipment being purchase is a trailer/message board_ The message board is 4' x Wand has speed measurement and cellular connectivity. Recommended Vendor Discount - Equipment.Ctam Dollar Amount of Purchase 17,650.00 'Source for Purchase (check and attach backup materials). Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other 3 Contract Number: I NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 105-3448-521-6402 ,F i Approvals: S Department Head Date ' Purchasing Agent Date =Asst City Manager Date City Manager Date Form Revised 02101102 , Page 112 of 1128 r' O O N N o N m OH w 1 rl N I w 1. I 1 H ,Wy A7 F` 1 O w I � W I 0 I I N H m a cn Hm q { T I i Cl H W w � + A I I 1 + I i I I I • I i Q M i op o a o O O O U 1 O o G M O O I N m m o 0 0 S O P 1{1 N N to H 1 p, N 1 H Ln Ol LO W H W i o C Ci i Ln �+ ❑U i � � � � 4 i O QO Q I O Ie, O C F i H o m tlJ � w m o o I E 4 m p I ri H R C9 ra H W N X QQ H a y�� w m a 1 of IO "WFQ 0 0 14 H " m A i s.l O W W W p I w L7 p 77 I F PO A E q iZ W m w b 0 od a mxa rn ,u.+41 14 d er duCri0 m i U E i 1i m 7 G) LI $•,[,'r-1 Gl 41 +i ii GI a f+ m L' .4 U m I a mIC m I pq OE -H., o SZ 41? Nx.aa ., a ra O m w S+ a.1 la y 3 U d.� n W W u $ro L m R T1A C u U v Y+ ro O ID d Oml ��ry.,r 0uUOCausly,P. 0 , NME F+m .� E ud �.N NI-I d.iU + ma ppa � � �.70 a ya 40+•+uaAuG w 9 9 Wm CQwm E m p14 OtnNO.-1h+ ,tram E.L) roaroa I '-•mW V}NM Hpt1 W b ?I w �w 11 Id .R Itl _ k4�yM a� u D m W W I zPSa PS.H7 _�H EIF'Q Q`~1Fw O-4 q m w43 C 0°i •,-Oi WLX alrop u44 +(A 0.'a 1 o ff d I H a H{11 E a a U rl L 4 C Id Id o+}i o a u cs.-I w I HQ W uRRP, FQ W H r.l ar-10 m�p,ro Our+ sf a U I-1 U d+d fA3 ,. ,qd Er�apq 5 H qq'pm t3 10.0 o m 9 o 11 W W-.i ri did+l ai UpFx", Ham pi y'm al'�O,i O U O .. N.-I kV W '� D a F OI 'C w' i £d,71 Hd HyG]N F UN m,a-1 ad Ol+ 32 O ,.i -a yf d 0 b, - ham w'1d�wV qwm� u x a+� .tl I-I W u O rl d W � dZp 0.`S'i'I-1zd uu a.�.0i! k d00i+ a•d mU>a Md a Oho F-Ib~7 xp , C7 4 w E FI.moi y k. U m 9 1, 0 U a m u r1'M 001 �J U E F d A b+ P u H mit H , C ••w a£ a w O w U +� O a .y 3 A ••.0 d C u.-+ Id mom-O PSE H a.aiwp oa�i mramm myywuNa � .s; oo� u m a.-1 i+E O,-I.i u tC M F, a u .1 W HH LGHH (Y,HH 'd aR L4 Q Q -+m HH 9RRaa'pp' uaoao maoa ac. " > �p 1 .iroq u vw u o ' >,aa QUwM rnww rq �ro1v+.l g C a+U lu -dlmww i P7 P p O a uI� m O ,sq�.•1.H Sc a7 G .a pl d u it u 4,-I P5`wA G07WA WS1A 00 NL' 0 F1N o U .WmH -Illm ro d,d � � q i .�0. m IC O,-1 16-.i W m OY tl PC y A L O U W I oa a�"'1 E �+ gal N a�w fiA w A tl -m U 41 d�c+ C 1•r ; rEi a H� r [] wNm.{v•.ro tlycauuP.+tivgP �oEoq , a u �l O f.]7 Iy1 ri H F.'.i a rl m Gl k m.w r-1 a7 ro-,i ULD LO i 0 U O 1 OEfO UP9 UpUp UU�`4704'�o ya+U•.IA F! C .gHrl O a O+I o 7 W q P m P d P.0.-I F+u w �1 U 4 4.-1 k H y y•p C �p d Er W i 2p�8 u a mm}aGo o•.1 tm a.1 dN 7m E4k7JSO aCn a i Q q I HUWH m H m 1-+WEa -In a.lw St-H Nr�.N O+i a W m Oe6+C�+l Um , w a E4 wN�mMEOIPol£�UmREQ � N y H PS 1 rl fn I W P I a Page 113 of 1128 0 0 N N I N m W I rl N ! � � I b m i p7 a pppp '❑X, o 0 0 0 I O O Ill 4 O N a Q a l I ga'm m o 0 0 4 R I I rl V' .•I n CI Ll I I I I I 1 1 I i I H a i � 1 � p r I i I •• I 1 I � V &U3 I I dp o e a 0 "0 I o 0 0 0 F u I I o 0 o a m i I .� ri ri r•I 41 a M Cl In H uh) ; z L mu G O O F1 H ppCY3 5 {Iq m O I I O L) F H a s�' •• h t 1 H U Vi o pI W w .7 H o ra u z ED pay GQ], Ij Gg7 0 H W H I 1 N H K H aI I I b.waNw>.wal� 1 I F•1 1���yH+�i HC 1 I V V CaUW IS U3 r � En I 1 1 ' W Pfl 1 � U U r to IH7 rH-7 N N N N O O 1 r 9 P o 4 61 a w dI V .. 1 r lD ID ko 1p aJ m 1 1 rl ."1 I••I N rYi 1,) In N INTI �f [� ¢ 14 f'1 RI M M CJ N H a pH: ; ; In Irl In N a W tlJ rA I U N N N O r.Ni 4* Ey 41 4 A I r H R: h 319 i i to tl W H 67 r H O+, L a a � I a {Wxl N I a Page 114 of 1128 re TO Joseph DeGiulio FROM: Phillip L.Hawkins Assistant Chief Uniform Services Sergeant Boynton Beach Police Department Uniform Services!Traffic Unit 1 SWAT REF: Traffic Trailer/Message Board DATE: 5.27.20 The Traffic Unit was issued a grant for equipment. Attached are three(3)quotes for a Traffic Trailer/Message Board. The message board is 4'x 6',and has speed measurement, and cellular connectivity.The grant account number is also listed below. Account Number 105-3445-521.64-02 Attached W9. R A POL c, 0 M1 39 50. 4 y Professionalism*Respect*Integrity*Dedication*Excellence www.bbpd.org Page 115 of 1128 ti�q >Quote Cart Quote, Ca # 52299-15842 Search► ) Anthony.qhs rte valid for 30 days.I can update the lead for you when you are getting dose to making e decision.If you have any"plIons let me know.Thane you,Ron Blade DISCOUNT'EQU IPMENT t POWER ' Search TO GO 9W W 15Th SUM Riviera Beach,FL 33444 P:56149644949 EXT:2O4 n . _.... Q Go Product Ordered Each Total t Irrborwp Frelgtst to Yotu Locsacn(99 FRGHIIN►Parti ® $800.40 $60"o FRGHTIN ........... ,, ..e; 'Comment DIRECT FROMTHE FACTORYTO YOU Shopping Cart g ;�;j Miscellaneous Pert 1 Item(see note below)WMLw W Pert#99- F 51,854.OD $1,854.00 �I MISC.96 QUOTE CART r+r Comment: Wesco 40 Modem vd GPS&SYears Fleet Manager Service t Mlscellanocuo Pad 1 Item(ase note Leluw)8Mrx 97 Pert tF---7 514,000.00 ;14,000.04 r MISC97 ------------ Comment Vit NCO MODEL Vff MM-M SEE DESCRIPTION BELOW I Miscellaneous Part f Item(see note below)99-Misr 99 Pert NO- $1.000.00 51,000.40 Comment K-Band Radar .. . ......, r..:.. I DESCRIPTION Purchases $17,650.00 TOW,,Welded Structural Steal Frame,Round Feexiefs that are Bolted to Subtotal: the TraW Frame,2,ODO lb.AxleAssernbty,Dout>IrEye Leaf SprIngs,15 wheals Itires,Four Z,4OO tb.comer Slabilker swtvel Jacks,Telescoping $4.00 Tower with 380°Rotation Drawbar.Removable,2'Bell Hitch,Swivel Foot �1 pad Tongue Jerk Flat-four fre lou lights plug Color.Powder-Coated 50.00 110 BlueA hker-Police Package with Cmosionpackage Melro—Mehix Display:12 Variable Furls.Full Range of MUTCD Graphics,Weather- wry. Resisrar t Atuminam Cabinet,Powder-Ceatod Flat Black,LexmO Window, s "O' x a ''.Stainlese Steel Hinges,Cooling Fans lo Cirailate Air ICC(In Cabinet Cordrder):Capacitive 7'Touchsoreen Controller,Full-color Tourhacreen Display.Multi-level Password Protectior4 NTCIP Compllanr Easy to Use, _n Vandal Reaistant when Deployed 5 Year Wino marrfaclurW alectronios Warranty Betterles:Mneo standard battery box,Fax 6V Batteries(43D $0.00 Ah Total Capacity),15Amp Battery Charger Saler High.Elliciency PholovdtaicSOW Module,85WSOW Panel(MadiumDisplaA,Reguisled Click for Details Manufacturer/grand► by the War=Message Sign Control System _._.. ....... _�.._-. ... ..i Select Manufacturer/E Malify Quxse R Sign In Coreloue Shopping I Some CheckoutI For questions or assistance with online ordering,please Call 5611-964-4949 Equipment Type► Select Equipment Typ k Page 116 of 1128 Form Request for Taxpayer Give Foran m tyre (Rev.Ooh* x2018) Identification Number and Certiftatlon requealff.Do not Safte r .too to*wo,.ftoovaimmm fo.irtstrt" ns MW the Nun i"rmatiom d M ilre CRs. t it�rus�stwem on your �exrn,e tme alerts to rec}rired on thio Iine>;do rraR leave ttr's a:ie Ltlanlc 2 t3ustiras8 namddlerepardep a none,it esAcererd from above 3 Checirto a priate forfederal tax c�icaUm of the pereon whose nerne is entered an lira 1.Chat*only one ofthe 4 Fxerrrph ti _- - oris(cedes apply only to �,/ cutin tirtl W%not kx tvkksahq ses S 11kavi oie proprkrtw or El Corparwan L!7 S cmpw2d m ❑ PartrresM Tnist/esmte an pQesk e ❑ a atnglearte ether LLC i3remptpiryAe coda QF aeryj erg ❑ Liittited liabfiity eompairy.F1thu the tax n l exvporatieri,34 capOMftL P-Panes dv is. e !totes Check the appropriate bac In the Ilne abaveforto tmr cla*ficallon of*A segl er .awner. Do not rhedc LLC If fns LLC Is cri ed as a 6aemPtlat from FATCA repot dnp C Mother LLC first Is riot dMtsyerded�oiw a ar S.fed Tran the owner'unless the orrrteraf the LLC is coda(f mM Is dWregar ded from the owner should cbK kths Plea.Clt�rw[sa,a member LLC � apprgxmta box Gtr the cmc efas&1Rratian of its overact: O � Ottrer{see lb. p�pprur+eennfs,,,.yyY,.aamkptl+•udl�„ �} S Ad�ess(raart6et:street,acrd apt.err amts r�o}See inshrrctios Requeatrrra nares and address(ophonap 8 City.state.and 21P coda , ...... __ i W account nurrft"here kpft* sgiffimkiiiii Ikon[itutti��N in the �" �� �--�`�ra"""°__aPAra lox.The TIN provided must match true name given Ott line 1 to avoid 8eeld asetatbrrrrtnitolding.l=ot fridividcmis,#his is generally your social aexarrily number{S 4 However,fora.soda proprietor,or disregarded exttily;See the ftttthvetiorrs far Part 1,later:For otheryrnrr errtployrs Identificattort number(F.I1�,ff you do riot have a number,see How fo get a or Koft if the account is in more than one narns,see the Instructions for lime 1.Also we What Ahm and nf+foyer fderutrir fga Ina..... Nurrtber To Ghee the Requester for guidelines an whose numberto enter. l075 � Z Cgrtfication Under pemildea of perjury,I carft that. i.The number shown on thus form is my correct taxpayer idMtWcdttn number(or I am waiting for a number to be homed to mey and 2.1 am not subject to backup wftftlding be muse:(a)I am exempt from backer wM%dditg,w(b)I have not been notified by the Hrternal Raverme Service OPM that I am subjeetto backup wbholding as a result of a failure to report all interest or dividends,or(e)the IRS has notifled me that 1 am no longer subject to backup wlthhoidirgf;and &I am a U.S.citizen or other U.S.person(defined belo*.and 4.The FATCA code(s)entered on aria form(if any)'urdicating than I am exempt tram FATCA reporting is correct. CertilliCation hisbrrcl mm You must cross out item 2 above N you have been notMed by the IRS that you ane cun'erldy auEjes:t to backup wrddmgdbtg because You have Palled to report all interest and dhndeards on yenta tate rearm.For mal estate tansaetiow Ilam 2 does not apply.For mortgage interest paid, acquisition orabandonment of ear ion of debt.contributions to an Wgvidusl retirement arrangement(IIIA},and generaly,payments crusta than intwest and di you err a r va,4lo sign the rtL¢but you must provide your eotrmet TIN.Seethe metructiens for Part ll,later. .�.�_____ . _. Sten - r Here u.&person► �� � � Dace► , r _ General Instructions •Foran 1099-DIV(dividends.Including thotce from slacks or mutual note& Section references are to the Internal Revenue Code ranlsss otherwise note .Farm 1099�MISC(varloua types of income,prase,awards,err gross d. Pte) Futrare developments.For the latest irdartnatiat about developments •Form 1 B(stock or nartual fund sales and cartatirt other related to Foran W-3 and its instructions,such as legislation enacted brokers) afterthey were puawhed,go to www.frsgov/FormW9. transactions by •Form 10994(prooeeds frnrn real estate transactions) Purpow of Fo m -Form 1099-K(merchant card and third party nalwa k transaefimA An individual or entity{Form W-9 requester?who Is required to tits an •Farm 1098{Home mortgage intertest},1098-E(studerd loan interest) Information return with the IRS worst obtain your correct taxpayer 109&T(trtitionj Identification number(CIN)which may be your social secuilty number •Fenn 1009-C(canceled dabs MN),individual tsxpsyet•identificaflon number(MM,adoption taxpayer Identification number(ATIPQ,or employer kie nUlloatkxt number •Form 1099-A(acquisition or abandonment of secured properly) (84,to report on an Information return the amount paid to you,or other Use Farm W-9 only 9 you are a U.S.Person(including a resident amount reportable on an information returm Examples of inks nvation ar'+errk to provide your comsat TIN. rehmts include,but are not limited to,the foRwiing. t:you do not rehrm perm W-a to the nxpAm err with a?IN,you might •Farm I OWHNT(Interest earned or paid) he sulr a to 69ciagp wit*ok&ig Sae What to backup witr wlclrt9, Cat.No.t0831X r-M.. W-$Mov.10-MB) Page 117 of 1128 Vetted Security Solutions GS-07F-0031 W 4185 35th St N Contract Period: 10/5/2009-1014/2024 84 Saint Petersburg,FL 33714 FSC t up:63 SECt1AITY SOLUTIONS Office: (727) 440-3245 f]ownlpad PAF File for GS-07F-0031W Attention Boynton Beach Police nepartneft Date 5/1/2020 6:43:06 AM Project Name: Boynton Beach PD-WVTMM-M Trailer Quote Number: 00000545 PROJECT QUOTATION We at Vetted Solutions are pleased to quote the following systems for the above referenced project: Scope of Work- Hardware _ . _. _ _ �....... .... - Mf .Part# Item Cray Unit Price Extended Nee „ ......._ Pg 9 y �., Metro Medium Mess a—Sign Trailer-Two 1 12V 41)AGM batteries,400 Ah capacity,15- WVIMM_M amp charger,Telescoping tower with 360- 1 $1745.00 $17,345.00 degree rotation,Full-color touchscreen oontroller with Continuous message preview, I Blue powder oat finish,,130-Watt solar array Shipping Mfg.Part# Item _ Qty Unit Price 1 Extended Price vss sxP- Shipping Rates for Trailer 1 $959.50 $959.50 TRIL „.. Hardware Cast: $17,345.00 ; Software Cost: 50.00 Shipping&Services Cost: $959.50 Warranty Cost: $0.00 Extended Total Cost: $1ti,304.50 Page 118 of 1128 Proposal Notes: 1. All prices are quoted in USD and will remain firm and in effect for 30 days. 2. This Quote does not include anything outside the above stated bill of materials. 3. Complete system includes 1-year parts/labor warranty,extended warranty options are available. 4. The expected lead time for hardware and installation is 30-60 days. 5. Connectivity is assumed Cellular on department supplied cell card to the MDC for real time connectivity to LEARN database. Quoted by Jeff Kinney Phone: email:jkinney@vettedsecuritysolutions.com Project Total: $18,30450 Accepted By: Date: P.O# Please email purchase order to: Iurchasina i�vettedsecurit.:solutions.com Page 119 of 1128 tit 150 Huddleston Rd atiate � Suite 400 Safi.�-OCLM PnIplieM Peachtree City GA 30289 5125!2020 CEN024133 me/ dress City of Boynton Beach 3301 Quantum Blvd.Ste 101 Boynton Beach FL 33425 .. .. LKI MIA , sf of ... p Wanco Video Message Sign Board-City of Boynton Beach i y � � 0 Scope. i Supply new Metm Mini VMS trailer in Blue with Radar and 4G Cellular o Connection Asaumptlom: End userto pnvvide cellular SIM and airtime=ftd. r i 7RL-WANC4-WVTMM-M-PD MefoTM MaW Message Sign,FL&maft display•1040 de`%tdt ford 1 119983.33!� 19,983.33 size"•12 font styles•Two 12V 4D AGM batteries,400 Ah total capacity•15-amp charger•Telescoping towwwith 380-degree rotation•Manual-winch tcwwr iifl•Ful-color touchsor sen controller with continuous message preview•Blue powder-coat finish with primer coat•24nch bat hitch•Axle Loddng Bar Ova La AV= Cost of deU%wy of products to customer 1 500.001 5110.00 I I F 1 C i Total USD 20,483.33 Phone# Fax# E-mail Web Site . 8558525468 8558625470 Accounts®r cintelusaxorn cintelusa.co Page 120 of 1128 STATEOF Fwn1)k0E*WMErr0FTftN5 KrAnoNo- OT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFM saH9 project Number:MSHVE-2a-06-05 FDQT Contract Number:G1 EBB Federal Funds Awarded-$50,000 FDOT DUNS Ntunber. 8-939-7102 SubgrantAward(Start)Date SubgraArrt End Data:09/3012020 „n Part 1: GENERAL ADMINISTRATIVE INFORMATION Projed T&:Boynton Beach Impaired Drir4ng Enforcement Federal Funding: $50,000 Match: $ Total Cost: $50,000 1. SubrecipientAgency: 2_ Implementing Agency: Agency flame City of Boynton Beach Agency Name: Boynton Beach Police Department Address Line 1: PO BOX 310 Address Line 1: 2045 High Ridge Road Address Line 2: Address Line 2: City; Baynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33425 Zip: 3.3426 f i 3 Federal ID Number:59-6000262 4, DUNS Number.072247133 5, Chief Financial Officer- 6. Project Director. Name: Mara Frederiksen Name: officer Jaclyn Smith Address Line 1: City of Boynton Beach Address Line 1: 2045 High Ridge Road Address Line 2: PO BOX 310 Address Line 2: City: Boynton Beach city: Baynton Beach State: Florida Stat-: Florida Zip; 33425 Zip: 33426 Telephone No: (561)74243312 ext. Telephone No: (561)74243195 ext. E-Mail Address, frederiksenm@bbfl.us E-Mail Address: smithja@bbll.us a 7 Financial Reimbursement Contact ; B. PrajectAatilvity Corrtact Name. Jadyn Smith Name: Jaclyn Smith Title: Grants Manager Title: Grants Manager Telephone Number: (561)742-6195 exL Telephone Number, (561)74246195 ext. E-MailAddress: smithjaQbbfl.us E-Mail Address: smithja@bbfl_us 9. Payment Remittence Address: m Name: Clfy of Boynton Beach Address Line 1: PO BOX 310 Address Line 2: City: Boynton Beach State: Florida Zi.: 33425 Amann wM N=bar.Ordeal SUB-2020-BoyntanBee-00247 Page 1 of 27 Aewednant Mr. Page 121 of 1128 PraJfttWft'00VrA0n Basch Impabod Driving Effillamawt 50M5411 Project Number.l HIVEa0-ee-05 mpm FWT Ccntraet Number.GrEse wig Part Ii:PROJECT PLAN AND SUPPORTING DATA State clearly and In detail the aims of the project,precisely what will be done,who will be Involved,and what is expected to result. Use the following major headings: I. Statement of the Problem: The City of Boynton Beach is located along the Atlantic Coast In the southern part of Palm Beach County.The city is approMmataly 16 square miles and ties between West Palm Beach, 10 miles to the north and City of Miami,which Is approximately 50 miles to the south.The olty has approximately 7o,000 year-round residents. During the winter months,there is a sharp Incneasa in part time residents and tourists to the area.There are nine major roadways within the city limits,including Boynton Beach Boulevard(State Road 804),which is the main roadway with an exitlerrtranae to Interstate 95 and Florida's Turnpike. I I According to the Florida Department of Transportation (FDOT)Fiscal Year 2020 Highway Safety Matrix,the City of Boynton Beach is ranked number 18 in Group I I of Florida Cities(Group II;Populations of 15,000-74,999)for Impaired Driving—related serious injuries or fatalit€es, h is clear that continued education and enforcement of the state's impaired driving law is necessary in order to reduce the incidences of serious injuries and fatalities on the olty's roadways. 2. Proposed Solution: I The Boynton Beach Pollee Department(PD)has utilized subg rant funding from the FDOT State Safety offi ce with great success over the past several years.With the rapid growth and expansion comes a need to further enhance our efforts to reduce impaired drilling related traffic crashes,fatalities and injuries through a F comprehensive strategy based countermeasures detailed in the NH1-SNs Ninth Edition of the "Countermeasures that Work(CTthl):A Highway Safety Countermeasure Guide for State Highway Safety Offices."Specifically,the CTW's found under Chapter 1:Alcohol-and Drug-impaired Driving,Including CTW Chapter 1)Sections i 2.Deterrence: Enforcement—Subsections 2.2 High-Visibility Saturation Patrols; 2.5 Integrated Enforcement; I •5. Prevention,Intervention,Communications,and Outreach—Subsections 5.4 Alcohol Screening and Brief Intervention; 5.2 Mass Media Campaigns; •6. Underage Drinking and Drinking and Driving--Subsections 6.2 Zero-Tolerance Law Enforcement: 6.5 Youth Programs; CTW Chapter 1)Section 2.Subsections 2.2 and 2.5;Section 6.Subsections 6.2:Boynton Beach PD w€ll review crash dela on a weekly basis to determine high frequency crash fatality locations throughout our jurisdiction;schedules will then be developed four agency personnel to conduct"zem tolerance'enforcement operations at those locations.The project director will be responsible for ensuring that data is reviewed each week for any possible changes to our target fist of locations.in addition,the project director will be responsible for distn'buting this target list of locations to all personnel so that they can concentrate on these specified areas,which will increase law enforcement prewce. Through this FDOT funding,overtime will be paid to Boynton Beach PD officers to conduct 24'zero tolerance" AmandmentNumbar:Wiginal SUB-202MoyntonBea-00247 Page 2 or 27 Am®ndment Date: Page 122 of 1128 Prokat Title:Bogmmn eeseh k Wked DrIWng Enfurow*nt 50N*M1 Pm*d Numbar.M6WE-20.OB46 SAFETy FD4rr Comsat Number G1EBs W12 high visibility anforoemerrt operations.These enforcement operations will be used to deter impaired driving, check for valid driver licenses,and treat belt use,outstanding warrants, stolen vehicles and other traffic or criminal infractions.The message board purchased with subgrant funds will be utilized to display traffic safety messages to educate the motoring public in the city. CTW Chapter 1 j Sections 5.Subsections 5.1 and 5.2;6. Subsection 6.5:The Boynton Beach PD will also conduct education initiatives in local high schools,senior centers,businesses,civic organizations and public forums to raise awareness regarding traffic safety,including impaired driving_The police department will determine through a review of our crash data which population groups are involved in most of tmfTrc crashes that occur within our jurisdiction.A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to sollat traffic safety information and guidance. In order to facilitate the delivery of this message,the Boynton Beach PD will partner with local resources such as the Community Traffic Safety Team,Law Enforcement Liaison Program,neighboring law enforcement agencies and local media outlets.The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the FOOT Safety office,including the Drive Sober or Get Pulled Over campaign. 9 3. Project Objectives: a.Strive to decrease impaired driving crashes and fatalities citywide h 6%when Y co ar compared to the previous b.Conduct 24 impaired driving high visibility overtime enforcement operations during the project period. c.Participate in the National Drive Sober or Get Pulled Over campaign through impaired driving overtime enforcement operations and educational/community activities. d.Conduct and/or participate In 4 educationallcommunity outreach events to increase Impaired driving awareness during the project period. e.Provide impaired driving information and education to the pubic through the use of message boards/local media outietslsocial rnedialpress releases at least B times during the project period. 4. Evaluation: a.Impaired driving crashes and fatalities are reduced by 5%citywide,compared to the previous three year average. b.The number of impaired driving high visibility overtime enforcement operations conducted during the project period. a The number of impaired driving overtime enforcement operations conducted and education/community activities conducted/participated in during the Drive Sober or Get Pulled Over campaign. d.The number of educationallcommunity outreach events condL;cWd or participated in to increase impaired driving awareness during the project period. e.The number of instances that impaired driving information and education is provided to the public through the use of message boards/local media ouilets/social medialpress releases during the project period. Amendment Number.Q191 ar SUBI-202"oymnBe"0247 Page 3 of 27 Amendmant Date: Page 123 of 1128 Project TED:Boyntm 13Mh Umpired MMng Eftftrwmem aco-aes l ® Project Number.MSHVE- WEry 4fi4 FDG1fiCOnbaCt Number.G1E86 Part III:PROJECT DETAIL BUDGET Each budget category subtotal and individual line item oasts listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. FEDERAL .�,..._... TOTAL BUDGET CATEGORY FUNDS IIAATCH cOsr .Personnel Services Overtime Salary $.'1(1,000 $ $30,000 Overtime salary,no benefits InOuded. SubtptaG $30,000 $30,000 B Coairaetual$srvlces Subtotal ---. $ � Expeasm .,. I SubEotal S 5 P.KsulpTppt COatiri $8,000 or Mara Message Board - $20,000 $ $20,000 1 Message board include shipping and handling. Sut#otaf: $20,0001 $ E.Indiroct Cost itolal: �v $ sui Tow Goat of Project: S80 000 000 Amendment Humber:Odgkol SUB-202"oyntoneea-00247 Page 4 of 27 nrnmument pare: Page 124 of 1128 Pr*ct TISN'BWdtM BWh ImpWred Dr&Mg Enftmmmt saa peso, Prof act Number:MOM-20494M FDWCw&WKumbor.Gj"9 Wig PART IV,PERFORMANCE REPORT Minimum Performance Standards The following are the minimum performance standards required In this subgrant agreement.The status of these standards will be reported using FDOT farm number 5004)65-19 Performance Report and shall be included with each request for reimbursement 1 Submit request(s)for financial reimbursement 2.Provide performance report(s), 3.Collect and analyze crash data to determine focus areas for targeted impaired driving enforcement. . ........... 4.Conduct impaired drIvIng high visibility enforcement operations. .............. S.Conduct ovVeactVeducatkmal activities for impaired driving. National Highway Traffic Sd*Administration(NHTSA)Required Activity Reporting -- The lbilowimj qpq"qsare 95quired r--k(-,ortin,for ani traffic safer,enforcement-,,rant-ienforcement ,,raft ori,1 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of Impaired driving arrests made during subgrant-funded enforcement activities. -J 3. Number of speading citations issued during subgrard-funded enforcement activities. ................. Ammdmod Numter.OrIglool SUB-2020-BoyntonBea-00247 Page B of 27 Aumdmwd Omb: Page 125 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O, #: 2131275 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/23/20 VENDOR 17774 SHIP TO: TO: FARINA TREE CARE LLC City of Boynton Beach NICHOLAS DAVID FARINA PUBLIC WORKS DEPARTMENT 2200 SW 36TH AVE. 222 N.E. 97H AVENUE FT LAUDERDALE, FL 33312 BOYNTON BEACH, FL 33435 ....... ................_ REQUISITION NO. 76596 ORDERING DEPARTMENT: ENGINEERING/ALGA/MD w, n,n,n,n__ .a DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: . - �,�„ EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 6500 . 00 DL TRIMMING OF FICUS TREE 1 . 0000 6500 . 00 TRIMMING OF FICUS BRANCHES & CROWN REDUCTION 2 1400 . 00 DL SEVERING OF ROOTS: ALONG OCEAN 1 . 0000 1400 . 00 AVENUE SIDEWALK AT FICUS TREES 3 2000 . 00 DL TRIMMING OF. HARDWOOD TREES ALONG 1 . 0000 2000 . 00 OCEAN AVENUE UPLIFTING OF EXISITNG HARDWOOD TREES FOR PEDETRIAN & VEHICULAR TRAFFIC PASSAGE ALONG OCEAN AVENUE (SIGHT TRIANGLE & RAILROAD CROSSING LIGHTS INCLUDED) 4 1400 „ 00 DL MOT REQUIRED ALONG OCEAN AVENUE 1 . 00.00 1400 , 00 REMARKS : TRIMMING OF FICUS TREES, SEVERING ROOTS AND UPLIFTING OF EXISTING TREES ALONG OCEAN AVE„ FOR PEDESTRIAN AND VEHICULAR TRAFFIC PASSAGE,, PROCUREMENT SERVICES: � e `� P.O. TOTAL: 11300 . 00 ACCOUNT NO. PROJECT 001-2730-572 .46-98 PURCHASING Page 126 of 1128 Page 127 of 1128 Coma, Skender From: Frederiksen, Mara Sent: Tuesday,June 23, 2020 2:18 PM To: Coma, Skender Subject: RE: 76596 approved 'or Rnondal ,­e�'Vi('.`5 Rlnanci,-fl Service.,s, sor' MadHIIR "I s R'3,3,, U_M I i d a AIL 2 5 J­A,A,M�,--,",_ A, E5('rX 'E' Be a F Be c!h, o I,` Z 4 6 Atar. W '1,0311 1 0, s Z P ii y_.....€­ s A d Ci r e s s: '3"3 0 1 Q ui-) -' V" 742.6 bc-, ADA3O Americans witisab ilities Act Celebrate the ADAJuly 26. 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure,Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Coma,Skender<ComaS@bbfl.us> Sent:Tuesday,June 23,20201:50 PM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject:76596 COI to 7/18/20. Attached is a revised quote from the selected vendor showing the correct price compared to the one attached to the others. Thanks! Page 128 of 1128 ever Coma Intern Financial Services ailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6308 Comasfl.us I Boynton- eac .or / ADA30 Americans its Disabilities IN I 1,11i e ADA! July 26, 2020 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. nder Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 129 of 1128 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $I OOO s Date: 6/22/2020 Requesting Department: PW-Engineering Contact Person: Matt Doyle Explanation for Purchase: This project is for the trimming of ficus trees, severing roots and uplifting of existing trees along Ocean Avenue for pedestrian and vehicular traffic passage. Recommended Vendor Farina Tree Care Dollar Amount of Purchase $11,300 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2730-572-46-98 Approvals: Department Head Date ' Purchasing Agent , Date i `, � � Asst City Manager Date City Manager Date m �' 20 Form Revised 02/01/02 Page 130 of 1128 Page 131 of 1128 Jun 23,20M 1:$7:24 PIM E61' — X F710 Edd Ust Commands Help Purchase Requisition Approval Requisition number: 0000076596 Requisition total: 11300.00 �ltaqufattion Header: � Requisition Line Items I Current approval level. PURCHASING APPROVAL i I� Requisition type: 1 PURCHASE REQUIShTION I Reason: TRE TRIMMING&CROWN REDUCTION OCEAN AVENUE I Requisitioned by: ENGINEERINGIAGGAIMD j 1 Requisition date: 6122120 Deliver by date: 6123120 a , . Ship to: 64 PUBLIC WORKS Ott Vendor number: 17774 Vendor name: FARINA TREE CARE LLC �$ I Contract number. I Buyer codeApproval kwL : a Fiscal year code: Current year Pp Cancel rucl— r�r#rase_ 1 I[I fir,CH 'ifi!% ... __. ----.. ,...... , Page 132 of 1128 Page 133 of 1128 City of BoyntonBeach Public Works-Engineering :301 Quarstuma'ouleva da,`wuito 101 .�,gip,.+wr�2 BoyntonBoyntonBeach.Beach.1°`i��riat a, 6 Mutthow Doyle Landscape A chitectlProject Manager oyem@bbfl,us 561-742-6218 Request For Quote Tree Trimming and Crown Reduction June 19,2020 Project: Town Square,Boynton Beach,Florida Company Name: FARINA TREE CARE The City of Boynton Beach is requesting formal quotes for the Crown Reduction of large ficus branches hanging over Sidewalk and Grassed Areas at the New Amphitheatre. The ficus limbs shall be rigged and lowered,not swung or allowed to fall. All debris shall be removed and disposed of at the south entrance of the park along SE 1st ave. All trees MAY NOT be accessible with a bucket truck. Please review the site visually and adjust the quote accordingly. Contractor is responsible for removal of the debris via chipper and truck. Contractor is responsible for Locating Underground Utilities if necessary to perform work(811 locater service). Several of the branches are adjacent to New Overhead Light Poles so care shall be taken to rig the branches and lower them. ALL BUTTRESS ROOTS ARE TO REMAIN. Surface roots along the southern sidewalk on Ocean shall be trimmed back at least 3 feet from edge of new sidewalk(8'from Back of Curb). In addition,the City is requesting tree uplifting and clear sight trimming along Ocean Avenue between Seacrest and Federal Highway on all hardwood trees in the sidewalk. Structural pruning may be required on selected trees. All work shall be coordinated with the City Landscape Architect. Pricing Trimming of Ficus Trees Units Unit Price_ Total Trimming of Ficus Branches and Crown Reduction 1 $ 6,500.00 $ 6,500.00 Severing of roots along Ocean Avenue Sidewalk at Ficus Trees 1 $ 1,400.00 $ 1,400.00 Trimming of Hardwood Trees Along Ocean Avenue Uplifting of existing hardwood trees for pedestrian and vehicular traffic passage 1 $ 2,000.00 $ 2,000.00 along Ocean Avenue (sight triangle and railroad crossing lights included) MOT required along Ocean Avenue 1 $ 1,400.00 $ 1,400.00 $ 11,300.00 If at any point a problem occurs on site during this work,work must immediately stop and the City Landscape Architect will be notified for procedures for moving forward. 954-857-1686 1 Page 134 of 1128 Page 135 of 1128 City of Boynton Beach Public Works-Engineering r 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 Matthew Doyle Landscape ArohiteetlProjeot.Manager Doylem@bbfl.us 561-742-6218 Request For Quote Tree Trimming and Gown Reduction June 8,2020 Project: Town Square,Boynton Beach,Florida Company Name: FARINATREECARE The City of Boynton Beach Is requesting formal quotes for the Crown Reduction of targe Ficus branches hanging over Sidewalk and Grassed Areas at the New Amphitheatre. The ficus limbs shall be rigged and lowered,not swung or allowed to fall. All debris shall be removed and disposed of at the south entrance of the park along SE 1st ave. All trees MAY NOT be accessible with a bucket truck. Please review the site visually and adjust the quote accordingly. Contractor is responsible for removal of the debris via chipper and truck. Contractor Is responsible for Locating Underground Utilities if necessary to perform work(811 locater service). Several of the branches are adjacent to New Overhead light Poles so care shall betaken to rig the branches and lower them. ALL BUTTRESS ROOTS ARE TO REMAIN. Surface roots along the southern sidewalk on Ocean shall be trimmed back at least 3 feet from edge of new sidewalk(8'from(lack of Curb). In addition,the City is requesting tree uplifting and clear sight trimming along Ocean Avenue between Seacrest and Federal Highway on all hardwood trees in the sidewalk. Structural pruning may be required on selected trees. All work shall be coordinated with the City landscape Architect. Pricing Trimming of Ficus Trees Units Unit Price Total Trimming of Ficus Branches and Crown Reduction 1 $6,500.00 $ 61500.00 Severing of roots along Ocean Avenue Sidewalk at Ficus Trees 1 $1,400.00 $ 1,400.00 Trimming of Hardwood Trees Along Ocean Avenue Uplifting of existing hardwood trees for pedestrian and vehicular traffic passage 1 $3,400.00 $ 3,400.00 along Ocean Avenue (sight triangle and railroad crossing lights included) MOT required along Ocean Avenue 1 $1,400.00 $ 1,400.00 $ 11,300.00 If at any point a problem occurs on site during this work,work must immediately stop and the City Landscape Architect will be notified for procedures for moving forward. 954-857-1688 1 Page 136 of 1128 City of Boynton Beach Public Works-Engineering 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 Matthew>5oyle Landscape ArchitecliProject Manager +tr {j Doylem@,bbfl.us 561-742-6218 Request For Quote Tree Trimming and Crown Reduction June 8,2020 Project: Town Square,Boynton Beath,Florida Company Name: Duffy'sTotal Care Lawn service,Inc. The City of Boynton Beach is requesting formal quotes for the Crown Reduction of large ficus branches hanging over Sidewalk and Grassed Areas at the New Amphitheatre. The Ficus limbs shall be rigged and lowered,not swung or allowed to fail. All debris shall be removed and disposed of at the south entrance of the park along SE 1st ave. All trees MAY NOT be accessible with a bucket truck. Please review the site visually and adjust the quote accordingly. Contractor is responsible for removal of the debris via chipper and truck. Contractor is responsible for Locating Underground Utilities If necessary to perform work(811 locater service). Several of the branches are adjacent to New Overhead Light Poles so care shall betaken to rig the branches and lower them. ALL BUTTRESS ROOTS ARE TO REMAIN. Surface roots along the southern sidewalk on Ocean shall be trimmed back at least 3 feet from edge of new sidewalk(8`from Back of Curb). in addition,the Clty is requesting tree uplifting and clear sight trimming along Ocean Avenue between Seacrest and Federal Highway on all hardwood trees In the sidewalk. Structural pruning may be required on selected trees. All work shall be coordinated with the City Landscape Architect. Pricing Trimming of Ficus Trees Units Unit Price Total Trimming of Ficus Branches and Crown Reduction 1 01110i t# $ 10,600.00 Severing of roots along Ocean Avenue Sidewalk at Ficus Trees 1 $ 300.00 $ 300.00 Trimming of Hardwood Trees Along Ocean Avenue Uplifting of existing hardwood trees for pedestrian and vehicular traffic passage 1 $ 720,00 $ 720.00 along Ocean Avenue (sight triangle and railroad crossing lights included) MOT required along Ocean Avenue 1 $ $ 1:6620.00 If at any point a problem occurs on site during this work,work must immediately stop and the City Landscape Architect will he notified for procedures for moving forward. 954-857-1688 1 Page 137 of 1128 Duffy's Total Care Lawn Servfce,Inc. 10190 52ND PLS LAKE WORTH, FL 33449 US (561)433-0095 duffysiandscape@comcast.net I UrrT-1 I so CONTRACTMOTE# 20927 uont-ract/QuoteDATE 06/1112020 ADDRESS City of Boynton Beach Attn: Matthew Doyle Public Works- Engineering 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SALES REP Ron Weiland ACTIVITY QTY RATE AMOUNT 100 Block Of Ocean Avenue: 2 Ficus Trees- 15%-20%lateral reduction;structural prune interior of tree and elevate 2 5,300.00 10,600.00 lower limbstbranches to meet M.D.T.standards Sidewalk Of Ocean Avenue Between SE 1 st Street and Federal Highway: 12 Oak Trees and 1 Black Olive Tree-elevate to meet M.O.T.standards 720.00 720.00 2 Ficus Trees-re root prune and correct cuts that have already been poorly made 300.00 300.00 Signing this contract indicates acceptance for the above work at the stated TOTAL $11 ,620.00 price. Reduction or changes of scope may increase the price. Pricing is based on normal business hours(M-F,8:00am-4:00pm). We follow Palm Beach County Ordinance 87-15 Chapter 162 FS: We cannot trim more than 250/.off of any tree within a given year. During trimming,removals,root pruning,excavating,stump grinding and installations: We are NOT responsible for surrounding plants and/or sod that is damaged due to work being completed as contracted. It is the responsibility of the HOA and/or homeowner. Duffy's is NOT responsible for damages to wiring,irrigation,lighting that NoCuts cannot mark. When performing removals,it is the Association or Homeowner's responsibility to obtain any necessary permits. This contract does NOT include permit cost,cost of obtaining permit or any required replacements unless otherwise stated above. Acceptance of this contract is between Duffy's Total Care Lawn Service,Inc.and the Addressee on the first page of the contract for the above work at the stated price. Changes of scope may increase the price. Pricing is based on normal business hours(M-F,8:00am-4:00pm). Palm Beach County License#200302238 8#200302236 Carolyn Geddes,ISA FL-9266A Initial Here Page 138 of 1128 Accepter!By Accepted Date Acceptance of this contract is between Duffy's Total Care Lawn Service,Inc.and the Addressee on the first page of the contract for the above work at the stated price. Changes of scope may increase the price. Pricing is based on normal business hours(M-F,8:00am4-00pm). Palm Beach County License#200302238&#200302236 Carolyn Geddes,ISA FL-9266A Initial Here Page 139 of 1128 City of Boynton Beach Public Works-Engineering 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 Matthew Doyle Landscape ArchitectlProjectManager l Doylem@bbil.us 'e 561-742-6218 Request For Quote Tree Trimming and Crown Reduction June 8,2020 Project: Town Square,Boynton Beach,Florida Company Name: A Cut Above Landscape & Maintenance, Inc. The City of Boynton Beach is requesting formal quotes for the Crown Reduction of large ficus branches hanging over Sidewalk and Grassed Areas at the New Amphitheatre. The ficus limbs shall be rigged and lowered,not swung or allowed to fall. All debris shall be removed and disposed of at the south entrance of the park along SE lst ave. All trees MAY NOT be accessible with a bucket truck. Please review the site visually and adjust the quote accordingly. Contractor is responsible for removal of the debris via chipper and truck. Contractor is responsible for Locating Underground Utilities if necessary to perform work(all locater service). Several of the branches are adjacent to New Overhead light Poles so care shall betaken to rig the branches and lower them. ALL BUTTRESS ROOTS ARE TO REMAIN. Surface roots along the southern sidewalk on Ocean shall be trimmed back at least 3 feet from edge of new sidewalk(8'from Back of Curb). In addition,the City Is requesting tree uplifting and clear sight trimming along Ocean Avenue between Seacrest and Federal Highway on all hardwood trees in the sidewalk. Structural pruning may be required on selected trees. All work shall be coordinated with the City Landscape Architect. Pridng Trimming of Ficus Trees units Unit Price Total Trimming of Ficus Branches and Crown Reduction 1 $6,900.00 $6,900-00 Severing of roots along Ocean Avenue Sidewalk at Ficus Trees 1 $850,00 $ $50-00 Trimming of Hardwood Trees Along Ocean Avenue Uplifting of existing hardwood trees for pedestrian and vehicular traffic passage 1 $4,500.00 $4,500-00 along Ocean Avenue (sight triangle and railroad crossing lights included) MOT required along Ocean Avenue 1 $500.00 $ 500-00 $92,750-00 If at any point a problem occurs on site during this work,work must immediately stop and the City Landscape Architect will be notified for procedures for moving forward. 954-857-1688 1 Page 140 of 1128 Page 141 of 1128 O O I t NN I I \ p 1 1Y1 dv N N 1 N + I p O LD ka H , I OLS In F E+d 04(l, l I lIl In R R + N N a I I A+ O I + zr , � I , I , H I 1 a I , W 1 , A I I , 1 , I , I r I , U I 1 O z I ,z H [�^� I I o [Tar Fj i o a I pN O L4. EW u i ui ut i O O K n n H W to Ln U i N N i H oI5 W I I H W HM I o i U O C9 11 I- zH I H ( 1, O H 1 zi Ei o a o W , O i d H 1 £ Dd Cl,! z + H H PG H �r �W N O + C] OI O WOWI '7. d��.Q7 'yam+ i W r W 1"7 awry W t0-I 0 CD HP1 r�H Q'i M I Ifl I H U V) d aC pOp r l+ I W W W O a WW I 1Z H C7 Ey I W O H J O W1-4 F I a N u a ma 9) d H u , m 1a ' H , w , 1 a H 1 E-.� r 1 IxO W r I ':pq i pr7 W Ri IX A W i Ex•I H O R I Hf7 •H 1 1n ril rko a 3 aWi W U th'z I�11�S W V 1 ?CSW HIX I H H i H WW H7+ + 1n W cu U OE I w y+ z '�00FAUW i m I In W O , Ho FC R r fn O �LF t Q H a H I *O.1 H `IEIOX VV [OO IO.�o H H O W r W�ECfj�gR0� , �M W t,+ 0 ; a 6W7 W E 2HC W'7 IX r-1 i rl TA H ca I H az1 I a I Page 142 of 1128 Page 143 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. # : 201285 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/26/20 VENDOR 15459 SHIP TO: TO: GRIMCO, INC City of Boynton Beach 1585 FENCORP DR WAREHOUSE FENTON, MO 63026 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 76427 ORDERING DEPARTMENT: JEN DATE NEEDED. CONTRACT NO. COMMISSION APPROVED: i �.r... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA HP LATEX PRIN'T'ER AND CUT 54" 11999 . 0000 11999 . 00 PRINTER AND PLOTTER VENDOR ITEM NO. - L115PRINTCUT 2 1. 00-EA HP LATEX PRINTER REBATE 1700 . 0000 1700 . 00- VENDOR ITEM NO. - HP-SPR 3 1 . 00 EA HP 821 400ML.. CYAN LATEX INK 95 . 0000 95 . 00 VENDOR ITEM NO. - HPGOY86A 4 1 . 00 EA HP821 400ML MAGENTA LATEX INK 95 . 0000 95 . 00 VENDOR ITEM NO. - HPGOY087A 5 1 . 00 EA HP 821 40.OML YELLOW LATEX .INK 95 . 0000 95 . 00 VENDOR ITEM NO. - HPGOY88A 6 1 . 00 EA HP8'21 400ML BLACK LATEX INK 95 . 0000 95. 00 VENDOR .ITEM NO. HPGOY89A 7 1. 00 EA HP821 400ML LIGHT CYAN LATEX INTO 95 .00:00 95 . 00 VENDOR ITEM NO. - HPGOY90A 8 1. 00 EA HP 821 400ML TIGHT MAGENTA LATEX 95. 0000 95 . 00 INK VENDOR ITEM NO. - HPGOY91A 9 1. 00 EA HP 821 400ML OPTIMIZER LATEX INK 95. 0000 95 . 00 VENDOR ITEM NO-. - :HPGOY92A 10 75 . 00 DL FREIGHT 1 . 0000 75 . 00 VENDOR ITEM NO. - FREIGHT REMARKS : HP LATEX PRINTER FOR STREETS TRANSFERRED FROM SPECIAL ORDER WSO 09110 *NEEDS ASSET TAG* PROCUREMENT SERVICES; t_s240 P.O. TOTAL: 11039 00 ACCOUNT NO. PROJECT 001-2512-541. 64-02 PURCHASING Page 144 of 1128 Page 145 of 1128 Morone, , Susan From: Frederiksen, Mara Sent: Wednesday, May 20, 2020 12:53 PM To: Coma, Skender Subject: RE: 76427 approved Mara Frederiksen Director of Financial Services Financial services Mailing Address: P,O. Box 310 1 Boynton Beach, Florida 33425 x — Physical Address:3301 Quanturn Blvd,, Suite 101 1 Boynton Beach, Florida 33426 u, 561-742-6312 Frederiksen @bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosur'e. nder Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Coma,Skender< o a l.us> Sent:Wednesday, May 20, 202012:45 P To: Frederiksen, Mara < reeriksen fl.us> Subject: 76427 Thanks! Skender Coma Intern Financial Services Mailing Address: P.Q. Box 310 I Boynton Beach, Florida 33425 J Physical Address:3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6308 ComaS@bbfl.us I boynton-beach.org/ 1 Page 146 of 1128 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure-Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 147 of 1128 ,A W W I 1 \ \ r 1 r rn N 1 � r I t A Q r H W w m O�1 O -1 N a l PG o4 m o ao ao a, m (n x I H , ,yl '1 p+ >, >4 >4 >1 wLnto o o CJ to7 Col a 1 I .H7 304 x � r SZ I H I 1 H a r a 1 [4 1 l Q 1 Q 1 ate'np 1 I i C7i�� i 1 1 I � a,co 1 1 OLn(n 1 1 [a v Ln 1 z , xlna r UZr 1 0 O O O O O O O O O O 1H 1 eW CCss77 1 O 1 kU 1 ati 0 to to l[1 IPI In tf IA Ln 11 1 1 1 01 O cn 0 01 a1 a1 M 0% h cn , I z w 1 ce Q 1 -1 ri rl I [j 1 M [I� 1 r ) z HIM r O O 0 0 b 0 0 0 0 O a 000 1 N H H U 1 0 0 0 0 o a 0 O o n K� z o.io I O r 0 0 0 0 0 0 0 0 0 o F O o00 1 N p i rn o In u; In Li u1 In H N H o U t a� a m m m m m m a% H M In r E c u! 1 rn n z M o N r C) w &n H a x 1a vo z w n a � u� w a a �o [4� H A I W 1 1 w f] zp �a p+ i o 0 0 0 0 0 0 0 0 o a i i 7r a HH f3, I Q O O O O 0 O O O p I 1 W H U H 1 1 p r H uH] W W as i H rt rr H ,q rI rI rI .1 n i WW��.r11 i H E O i a I H W z a� i i rd 1 z 04 .'J pq 1 r Ka i D4E 1 U fib w r F pl �E-41 I � I Q I 1 FF7J4, 1 I 1 f HH 4i w a1-4 >a .4 ryas b4 fad M- 0.1 � H E � P HpI D4 zi zz z xz �z NZ ,[7],a i In M, ZH HH HH 9 Wh1 4' EI H 1 14 14 1 w I «7 Ot11.4 W COH mmm PNM rE4 Ik N .p�pq4q W U] z1z C40) �pry7 uw lW�+ EWr.�'7ra1 I�.a7 Da ED.a7 ss'�Wir�I rtASa ha70a ; 0 1 Q a H am CAH [AH [AH MH y 17tH AH NSAH ED 1 I .7.,za wza W a W .`3. tri W U W w H a4 zZ 1 z 1pQ 1 FjHW WHa `�yWW wW Op+lW w E W .'E H I W �i a2y�y Pe z +il-Ula Ha 0Ha ri �H�GCH OHa �H aA 17 '3 1 WF-�L7 L7 H. 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Phone vAQs - -�% - szs 3. :".; $ a n� Name: - , CBB Bid # Piggy Back Bid # Sole Source Letter Other Page 150 of 1128 Warehouse Special Order�(Purchase order) 09110 Vendor (Only one vendor per Special Oarder): .,— Ship To: Attn: Warehouse !:mail Confirmation To: 2221E 91h Ave. Fax Confirmation To: Boynton Beach,FL 33435 Total Cost of Order: Requesting Department Use WH Use Only ty$ !tern # Description - Date RCD WO ea vi s. 7, C -v%g., 4, `e -.Ik I - a i Requesting Department Date , r e Budget ccount COp - � _� _ � .,, Pro'ect (Use ordy one account, or for: lm i ep,_ ent lei fori nat e , ' (Signstaire is required' efo n order can be processed 7 h Recipient ,,,,,ti ', Extension or Cell Phone .. ............... tThe %Varebouse will deliver the order to the meipien0 �Wn Only) Order placed via: Name Date Reason for placing order: a kukuku� All copies are to be returned e warehouse whenlam n order. Page 151 of 1128 CITY OF BOYNTON BEACH II REQUEST FOR PURCHASE OVER $10,000 Date: 5/18/2020 Requesting Department: Materials & Distribution Contact Person: Jen Paciello Explanation for Purchase: HP Latex Printer for Streets. Recommended Vendor Grimco Dollar Amount of Purchase $11,039.00 Source for Purchase (check and attach backup materials): Three Written Quotations F7X GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Sack Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. -------------- Fund Source for Purchase: 001-2512-541-6402 Approvals: ;a m� n Department Head Date p, 1 Purchasing Agent � ��� Date Asst City ManagerDate p, City Manager Date Form Revised 02/41102 Page 152 of 1128 QU OTE# 513116-1 Cuimeo,Inc. www.grimmcom - www.Orimco.ea Josue Rodriguez E-Mail.jrodiigucz@grimco.com 1750 NW 15th Ave Pompano Beach,FL 33069 Phonea(800)542-9941 Sold To: Bill To: Ship To: CITY OF BOYNTON BEACH(#9556291) CITY OF BOYNTON BEACH(#9556291) CrrY OF BOYNTON BEACH(#9556291) 222 NE 9TH AVE 222 NE 9TH AVE 222 NE 9TH AVE BOYNTON BEACH,FL 33435-3140 US BOYNTON BEACH,FL 33435-3140 US BOYNTON BEACH,FL 33435-3140 US ATT:GAIT.MOOTZ ATT:GAIL MOOTZ ATT:GAIL MOOTZ PFI:(561)742-6223 PH:(56I)742-6223 PH:(561)742-6223 Created_-5/14/2020 Revision Date;511412020 Production Time: Varies Qgantlt art e�criptian � YourUnit rice Yoar.Tofa1 `rice 1 LI ISTRINTC[TT HP LI 15 54"LATEX PRINTER AND CUT*54" $111999.00 $11,999.00 HP Latex 115 printer and plotter *Produce professional,High-resolution printer with leading HP Latex Technology *Sharp image quality on printer that come out completely dry for same-day delivery-no degassing required *Healthier printer with HP Latex-no special ventilation required,no hazard warning labels or HAPS,nickel free *Printer uses HP 821 Latex Inks,HP Latex 821 Optimizer,and HP 831 Latex Printheads *PRINTER DOES NOT COME WITH A TAKE UP REEL.THIS IS AVAILABLE AS AN ADD ON ITEM *Substrate Profiling: *Up to 15 pre-installed generic profiles and HP substrate profile library *Online substrate library access from the front panel RIP Software: *Intuitive SAI FlexiPrint HP Edition printing/cutting software included inbox *This is the only RIP available to run the L115 Online Operator Training Required: *Online self-help,tools-from the basics on how to start operating the printer to tips such as how to grow your business with new applications *Online training available along with tools and the opportunity to join the HP Latex Community *Printer will require quantity two 220v lines to operator Hp LI 15 54"Latex Printer And Gla 1 HP-SPR HP Sponsored Printer Rebate. ($1,700.00) (51,700.00) **Offer good while supplies last*" 1 HPGOY86A HP 821 400ML CYAN LATEX INK $95.00 $95.00 1 HFCTOY87A HP 821 400ML MAGENTA LATEX INK $95.00 $95.00 1 HPIGOY98A HP 821 400ML YELLOW LATEX INK $95.00 595.00 1 HPGOY89A HP 821 400ML BLACK LATEX INK $95.00 $95.00 1 HPGOY90A HP 821400ML LIGHT CYAN LATEX INK $95.00 $95.00 1 HPGOY91A HP 821 400ML LIGHT MAGENTA LATEX INK $95.00 $95.00 1 HPGOY92A HP 821 400ML OPTIMIZER LATEX INK $95.00 595.00 THANK YOU for considering Grimcoi Page 1 of 2 Page 153 of 1128 r QUOTE# 573116-1 Grimed,Inc. - www.gdtneo.com • www,grimw.ea Josue Rodriguez E-Mail jrodriguez@grimco,com 1750 NW 15th Ave Pompano Beach,FL 33069 Phone;1(800)542-9941 COMMENTS: All printer deliveries are set up with a Delivery Appointment and Liftgate,first floor only. If your shipment arrives without either of these,please do not accept delivery and contact Grimco Tech Support immediately at 877-283-5579.Inside delivery and special handling not included. *Mandatory Online Training after purchase "Offer is good while supplies last** 'Prise quotations me good for 30 days only and ate Lased on entire quaatityAltrnu being purdmsed at ones.Exclusions may apply. _ :All quotes raw meet our 550 order minimum. Custom signs mrd bisalts have a 64 square foot minimum order requimnem •[.sad times start at date of approval and aro subject to change. 11T T'0br. $1.0r� •Prises do mot laclurde lieight unless otherwise stated. Actual Height coats vary. • We reserve the right to avedunder ship by Mon custom sign and blank orders.over 50 piext �_ Tik%'' $V0 • We accept reuuns up to 30 days from receipt of merchandise.Restocking fees may.spply.Custom and non-stock items are non-retumebla -_. , ieightL •All sign and blank:dimensions are listed WAL -- •Custom PMS color matching may incur additional charges ifoutside of t36mco standard colors _ TOtai' i 1,U39.�fl. r THANK YOU for considering Grimco I Page 2 of 2 Page 154 of 1128 SITE & POST WARRANTY CONTACT INFORMATION For equipment installations only, please provide the following contact information: DELIVERY&INSTALL CONTACT NAME: PHONE#: EMAIL ADDRESS: DELIVERY ADDRESS: WARRANTY CONTACT NAME: PHONE M EMAIL ADDRESS: EQUIPMENT PAYMENT OPTIONS *50%deposit required for printers, routers,:and flatbed cutters with Installations under$50,000 *50%deposit required for printers,routers,and flatbed cutters with installations over$50,000. 40%due to release shipment and remaining 10%due directly following training. * 100%deposit required for plotters, laminators,substrate cutters,software and all other accessories. OPTION#1 ❑ CREDIT CARD: Call In-your credit card for ppyment to your sales rep or Grimco Accounting 800-542-9941. -OR- Fax the Authorization for Payment form.with CC information.Grimco Accounting Fax 636-305-7398 • Please do not a-email CC information,for your protection. A Grimco representative will follow up after the Installation(if applicable)to collect balance. OPTION#2: ❑ ELECTRONIC CHECK: Fax the Authorization for Payment form with check information. Grlmco accounting fax:636-305-7398 • If this option is chosen do not mail into lockbox OPTION#3 ® LEASE: Secured funding with a Grimco approved leasing company Leasing Company: PO#: Lease Amount: * If you are not leasing the entire amount,deposit is due before order is released. Please make arrangements to make payment for your equipment purchase within 24 buslrress hours_of signing your contract. Signature Printed Name Date Page 155 of 1128 CONTRACT FOR PURCHASE AND SALE *N�3 I GdmmIrr. • www.grimomcom • wwwgrimema OF EQUIPMENT AND SERVICES Quote#573116.1 Agreement entered Into this 14th of May,2020,between Gdm o, Inc. 11745 Sappington Barracks Road,Sunset Hills, MO 63127("Grimco")and CITY OF BOYNTON BEACH located at 222 NE 9TH AVE, BOYNTON BEACH, Fl. 33435- 3140("Customer") 1. Grimco Inc.agrees to sell and buyer agrees to purchase the equipment,systems and/or software described In the attached quote transaction document.This order can not be cancelled after proposal is signed. 2. Pricing:The pricing stated on the referenced quote number is valid until the date listed in the quote. 3. Taxes:Buyer will pay all applicable sales tax In accordance with state and local laws. 4. Payment Terms and Conditions for Delivery only(No Install and training offered):Payment in full with order based on quoted price by credit card,check,wire transfer or lease payment before shipment. 5. Payment Terms and Conditions for Installed printers,routers,and flatbed cutters:Customer shall pay the total pf€oe on the quote document and payment terms shall be as follows:$50,000 or less 50%upon order and signed contract with the balance due upon installation of equipment.$50,000 or over 50%upon order and signed contract with 40%due at shipment of equipment and 10%balance due upon installation of equipment. 6. Default:Customer will be in default under this agreement 9 remaining balance of installed equipment Is not paid within 10 business days of installation.If Customer is in default Grimco may;(1)submit balance to a collection agency,or(2)at it's discretion,seek repossession of the equipment from Customer's facility.Customer is responsible for any collection fees. 7. Delivery:Delivery dates are estimates only and are subject to Grimco's suppliers'current lead times.Grimco is not responsible for delay or failure of delivery due to issues with the manufacturer,supplier or shipping company. 8. Representations:Customer acknowledges that they have accepted the manufacturers'product specifications in all rage rds including,but not limited to print speed,print resolution,acceptable materials,and all other areas.Customer accepts these specifications.Customer acknowledges that there are no other representations,either verbal or in any other form of communication,that he is relying on to make his purchase decision other than the manufacturers'written specifications. 9. Warranty:Grimco does not supply a warranty of any kind for the equipment,software,Ink or media you are purchasing.The warranty is between the customer and manufacturer.By signing this agreement you understand that Grimco provides no warranty of any Find for the equipment,software,ink and media being purchased. 10. (.lability:Grimoo is not liable for any loss,damage,claim or ink and media expense arising from use or inability to use the proposed equipment,software or services listed in this equipment proposal.Under no circumstances will Grlmco be liable for any indirect,incidental,punitive or other damages arising from or in relation to the equipment,software,ink,media or:services purchased from Grimco. 11. Preparation and Delivery:Preparation of the installation-site will be at the customer's expense and should be In accordance with the manufacturer guidelines.Some guidelines could Include,but are not limited to a clean,air conditioned,humidity controlled environment with proper electrical requirements.Gdmeo Inc.and their suppliers will not be held accountable for equipment/systems failures outside these guidelines.Unloading of equipment and electrical receptacles must be in place prior to scheduling installation and training.Customer is fully responsible for the delivery and unloading,including any need for a forklift,added labor,building modification or any other condition to get the equipment Into the bullding,all at customer expense. 12. lnstallatlon and Acceptance of Equipment/Systems:Equipment installation,testing and training will be performed by Grimco Inc.or the manufacturer if that is stated in the quote.No live production will;take place at time of installation and training.The customer°agrees to make employees available for training purposes on scheduled dates and times.Failure to do so could result in additional fees for setup.Upon completion of scheduled installation/training the customer will be required-to sign a Certificate of Installation and Acceptance.By signing the certificate the customer will be accepting all equipment and training provided.Grimco has a no return policy on all equipment purchases. 13. Limited Parts Warranty:The parts warranty period on equipment begins at the date of purchase and runs for the length.of time set by the manufacturer.Grimco Inc.and the manufacturers are not obligated to provide warranty service or support for claims resulting from equipmentlsystems being removed from their originally installed location or damagelservices required caused by the use of any third party product. Grimco Inc.Authorized Signature Customer Authorized Signature Print Name Print Name Date Date Revision 1 G Page 1 of 1 Page 156 of 1128 Original message From: USCutter<support@uscutte_r.com> Date:5/7/2017:39(GMT-05:00) To:"Bazemore,Warren"<BazemoreWbbflus> Subject: USCutter Quote#1975 USCutter , 99cuttet,17945 NE 65th St,Suite 200,Redmond,WA 98052 QUOTE 425-481-3555 QUOTE ORDER#: SALES REP: . SHIP VIA: DATE: TIME: 1975 Darinda UPS Ground[up m t to s dap) 05l07l2020 or aPM BILL TO Al7DRESSASH{PTO ADDRESS Warren Bazemore Warren Bazemore City of Boynton Beach City of Boynton Beach 222 NE 9th Ave 222 NE 9th Ave Boynton Beach,FL 33535 Boynton Beach,FL 33535 us US (561)742-6204 (56 1)742-6204 ACCT#519382 PRODUCT UNIT PR10E UNIT DISCOUNT UNIEI' TOTAL D_111 HP115LP-PC 1 HP Latex Print&Cut Solution-HP $15,060.00 $4,096.00$10,964.00$10,964.00 1 115 54in Printer and 54ln HP Latex Edition Vinyl Cutter Add Requirements:CMYKLc1m Ink Set and Optimizer Comments: SUBTOTAL $10,964.00 Sales ORDE uREELPRomon4Ns ($0,00) Other Support Shipping Cali Order An2Us7MEM ($0,00) pping Financial Rep z��_ Log History sw -FAx $0.00 Notes _..._. Message {ode Privacy User Stamp SHIPPING $290.0o rG �� Quote has no comment. R_RAND TOTAL $0.00 BALANCE $11,254.00 Thankyou Page 157 of 1128 Paciello, Jen From: Paciello,Jen Sent: Thursday, May 14, 2020 8:22 AM To: Zach Deliberto Subject: RE:Quote Impartanct=: High Good morning Zach, Do you have a quote yet on this HP printer? From:Zach Deliberto<zachdel@cdwg.com> Sent:Wednesday, May 13,202010:29 AM To:Paciello,Jen <PacielloJ@bbfl.us> Subject:Re:Quote Will do, I'll make sure! Zach Dellberto State & Local Account Representative I CDW-G 120 S. Riverside Plaza Chicago, IL, 60606 Direct: 312.705.8944 Fax: 312.705.7587 cow kthe tNM1a17edmofoay Paibr ei tha PGA TOUR. i xs From: Paciello,Jen<PacielloJ@bbfI.us> Sent:Wednesday,May 13,2020 9:27 AM To:Zach Deliberto<zachdel@cdwg.com> Subject:RE:Quote 1 Page 158 of 1128 Ok, keep on them I need to get the quotes rather quickly so I can send the requisition request up to my finance department. Jen Paciello Supervisor of Materials and Distribution Finance/Materials and Distribution Malting Address: P.O. Box 310 1 Boynton Beach,Florida 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach, Florida 33435 9,0 561-742-6309 0 PacielloJ@bbfl.us boynton-beach.org/ I Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Zach Deliberto<zachdel@cdwg.com> Sent:Wednesday, May 13,202010:23 AM To:Paciello,Jen<PacielloJ@bbfl.us> Subject:Re:Quote Good morning Jen, Once my purchasing team has an update on pricing from one of our vendors, I will forward you over the quote on this. Thanksl 2 Page 159 of 1128 Zach Del'ilberto State & Local Account Representative I CDW-G 120 S. Riverside Plaza Chicago, IL, 60606 Direct: 312.705.8344 Fax: 312.705.7587 wil" N. MW[stheOfflaialTedsrtotagy pErwor Of�h From:Pacielio,len<PacielloJ@bbfl.us> Sent:Wednesday,May 13,2020 8:05 AM To:Zach Deliberto<zachdel@cdwg.com> Subject:Quote Good morning Zach, I have something else for you to quote on if you can. It is an HP Latex Print&Cut Solution W/541N.HP Latex Edition Vinyl Cutter Add Requirements CMYKLcLm Ink Set and Optimizer.Part Number HP115LP-PC Jen Paciello Supervisor of Materials and Distribution Finance/Materials and Distribution Malling Address: P.O.Box 310 1 Boynton Beach,Florida 33425 Physical Address:222 N.E.9th Ave. I Boynton Beach, Florida 33435 561-742-6309 0 PacielloJ@bbff.us boynton-beach.org/ 0 3 Page 160 of 1128 i Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 4 Page 161 of 1128 Return via Fax Authorization for Payment 636-305-7398 y Credit Card I Debit Card I E-Check I ACH GRIMCOa Date: Reference Number(Order/Customer): Company Name: „ , Account Holder's Billing Address Street Address: City: State: ,,.,,.,,, Zip Code:, Phone Number: Credit/Debit Card Card Type:ic,eaami O Visa O Visa Debit O Master Card 0MasterCard Debit O Discover Card O American Express Card Number: � :FI�BAHK �_'oFSiYiKI- ,� Exp. Date: a, CW Number: Amount to charge: $ MINI liiiii 11 ACH/E-CHECK Routing Number: AgdAawinglf mbartrFla row Account Number. I Bank Name: J ftwow6mur Nam1rwbw Amount to charge: $ _ �� ........ ' �� AUTHORIZATION I authorize GRIMCO,INC.,to chargeWth draw from my account list above as payment for products or semces purchased though GRIMCO,INC.,further more under penalty by law,confirm this Is my account and have authorization to remove funds for payment. Zoount Holder SlgnatMe Printed Name Title Page 162 of 1128 Page 163 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3341 Quantum Blvd. Suite 101 P.O. BOX P.O. #: 201291 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/26/20 VENDOR 1449 SHIP TO: TO: HOME DEPOT CREDIT SERVICES City of Boynton Beach 4241 LAKE WORTH ROAD ROLLING GREEN COMPLEX LAKE WORTH, FL 33461 502 NW 14TH COURT BOYNTON BEACH, FL 33435 REQUISITION NO. 76641 ORDERING DEPARTMENT: JEN ® �® DATE NEEDED * CONTRACT NO. „wry COMMISSION APPROVED EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12 . 00 EA 4 X 8 PLYWOOD 32 . 9700 395 . 64 VENDOR ITEM NO. - 0000-915-440 2 152 . 00 EA 19/32 4 X 8 RTD SHEATHING 21 . 9300 3333 .36 VENDOR ITEM NO. - 0000-166--081 3 50 . 00 EA 1 X 2 X 8 FURRING STRIP 1 . 1800 59 . 00 VENDOR ITEM NO. - 0000-160-954 4 12 . 00 RL #30 FELT ROOF DECK PROTECTION 22 . 8500 274 . 20 VENDOR ITEM. NO. - 0000-387--473 5 40 . 00 EA T1-11. 11/32 4X8 WOOD24 .4600 978 .40 VENDOR ITEM NO. '- 0000-2 :.8:-007 6 90 . 00 BDL ROYAL SOVEREIGN GOLDEN CEDAR 20 . 8000 1872 . 00 ROOFING SINGLES VENDOR ITEM NO. - 0000-515-026 7 12 . 00 EA 4 .X 4 X 12 PT WOOD 20 . 8800 250 . 56 VENDOR ITEM NO. - 0000-258-132 8 1 . 00 CAN 1 5/8 TIN TAGS. 30 LB PACK 67 . 74. 00 67 . 74 VENDOR ITEM NO 0000-405-998 9 200 . 00 EA Z MAX 18 GAUGE GALVANIZED .4800 96 . 00 .HURRICANE TIE VENDOR ITEM NO. - .0000-102-924 10 100 . 00 EA ZMAX GALVANIZED FACE MOUNT JOIST . 6700 67 . 00 HANGER VENDOR ITEM NO. - 0000-865-794. 11 150 . 00 EA MSTA 241 18GA ZMAX GALVANIZED 2 . 1500 322 . 50 MEDIUM S'T'RAP TIE . VENDOR ITEM NO. - 0000 866-055 12 3 . 00 BOX 1 1/4" WIRE 7 .2M STEEL RING SHANK 44 . 1800 132 . 54 ROOFING NAILS VENDOR ITEM NO. - 0000-405-017 ....... PROCUREMENT SERVICES: ,, P.O. TOTAL: vv.... ACCOUNT NO. PROJECT 302-4225-580.62-01 FA2002 PURCHASING Page 164 of 1128 Page 165 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101P.OP.O. #: 201291 BOYNTON BEACH,BFOLORI A 33425-0310 DATE: 06/26/20 VENDOR 1449 SHIP TO: TO: HOME DEPOT CREDIT SERVICES City of Boynton Beach 4241 LAKE WORTH ROAD ROLLING GREEN COMPLEX LAKE WORTH, FL 33461 502 NW 14TH COURT BOYNTON BEACH, FL 33435 -.. ---- r.. ...4 . REQUISITION NO. 76641 ORDERING DEPARTMENT: JEN DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 13 28 . 00 EA 5/8 X 20FT ##5 REBAR 10 .4000 291. 20 VENDOR ITEM NO. - 0000-918-999 14 34 . 00 EA 2 X 4 X 12 PINE 5 . 9200 201. 28 VENDOR ITEMNO. - 0000-16l.-667 O._0000-161- 667 15 3 . 00 EA 15 . 5 GAUGE REBAR WIRE TIE 9 .4700 28 . 41 VENDOR ITEM NO. 0000-572-365 16 5 . 00 EA 2 3/8 X . 113 GALVANIZED SHANK 25.. 9800 129 . 90 NAILS VENDOR ITEM NO. - 0000-940-753 17 2 . 00 EA 2 X . 113 GALVANIZED STEEL RING 2:5 ..9800 51 . 96 ROUND NAILS VENDOR ITEM NO. - 000.0-860-630 18 4 . 00 EA #8 .311 . 16 PENNY NAILS 1.8 . 980.0 75 . 92 VENDOR .ITEM NO 0000-193-313 19 3 . 00 EA 3 X . 120 GALVANIZED SHANK NAILS 26 . 9800 80 . 94 VENDOR ITEM NO. - 0000-977-079 20 8 . 00 EA 10.D X 1 1/2 SMOOTH SHANK 19. 9800 159 . 84 CONNECTOR NAIL VENDOR ITEM NO. - 6000-205-268 21 40 . 00 EA 2 3/4 X 3 :X 10 26 .GAUGE DRIP 7 .8200 312 . 80 EDGE VENDOR ITEM NO. - 0000-355-175 22 56. 00 EA 2 X 4 X 8 `#2 -PT LUMBER.. 5 . 9800 334 . 88 VENDOR ITEM NO. 1001-753-743 23 36 . 00 EA 1 X 6 X 12 PT LUMBER 8 . 5700 306 . 52 VENDOR ITEM NO. - 1.001-753-967 24 50 . 00 EA 1 X 4 X 8 FURRING STRIP 1 . 9800 99. 00 VENDOR ITEM NO. - 0000-687-642 PROCUREMENT SERVICES: cDi4 P,O. TOTAL: .. 0 ACCOUNT NO. PROJECT 302-4225-580.62-01 PA2002 PURCHASING Page 166 of 1128 Page 167 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 201291 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/26/20 VENDOR 1449 SHIP TO: TO: HOME DEPOT CREDIT SERVICES City of Boynton Beach 4241 LAKE WORTH ROAD ROLLING GREEN COMPLEX LAKE WORTH, FL 33461 502 NW 14TH COURT BOYNTON BEACH, FL 33435 REQUISITION NO. 76641 ORDERING DEPARTMENT: JEN DATE NEEDED: CONTRACT NO. COMMISSION APPROVED. . ,4vv EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 25 80 . 00 EA 2 X 4 X 16 LUMBER 7 . 8600 628 . 80 VENDOR ITEM NO. - 0000-161-683 26 50 . 00 EA 2 X 4 X 961N WOOD STUD 3 .41.00 170 . 50 VENDOR ITEM NO. - 0000-161-640 27 20 . 00 EA 3/8 X 20 43 REBAR 5 .3500 107 . 00 VENDOR ITEM NO. - . 0000-962-910 28 20 . 00 EA 2X 6 X 16 #2 DIMENSIONAL LUMBER: 11. 6100 232 .20 VENDOR ITEM NO. - 0000-161-799 29 79 . 00 DL DELIVERY FEE 1. 0000 79. 00 VENDOR ITEM NO. - 0000-515-663 REMARKS: 142W ROOF AT ROLLING GREEN WAREHOUSE ORDER FOR FACILITIES TRANSFERRED FROM SPECIAL ORDER 9120 ...,,, u......... wuu. M», <<. i PROCUREMENT SERVICES. P.O. TOTAL. 11141 , 09 ACCOUNT NO. PROJECT 302-4225-580 . 62-01 FA2002 PURCHASING Page 168 of 1128 Page 169 of 1128 PURCHASE REQUISITION NSR: 0000076641 CONTRACT NO.: STATUS: DEPT APPROVAL ' REQUISITION-Y:�EN ,REASON-.-NEN-RODE_A'�i¢�..LSNG,GREEN__- DATE: 6/26/20 SHIP TO LOCATION: ROLLING GREEN COMPLEX SUGGESTED VENDOR: 1449 HOME DEPOT CREDIT SERVICES DELIVER UNIT EXTEND NBRE DESCRIPTION. QUANTITY UOM COST COST VENDOR PART NUMBER 1 4 X 8 PLYWOOD 12.00 EA 32.9700 395.64 0000-915-440 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMNOD: PLYWOOD 2 19/32 4 X 8 RTD SHEATHING 152.00 EA 21.9300 3333.36 0000-166-081 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOP: PLYWOOD 3' 1 X 2 X 8 FURRING STRIP 50.00 EA 1.1800 59.00 0000-160-954 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 4 #30 FELT ROOF DECK PROTECTION 12.00 RL 22.8500 274.20 0000-387-473 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 5 T1-11 11/32 4XS MOOD 40,00 EA 24-4600 978.40 0000-218-007 COMMODITY, LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 6 ROYAL SOVEREIGN GOLDEN CEDAR ROOFING SINGLES 90.00 HDL 20.8000 1872.00 0000-515-026 COMMODITY: ROOFING MATERIALS SUSCOMMOD: SHINGLES' ALL TYPES 7 4 X 4 X 12 PT WOOD 12.00 RA 20.8800 250.56 0000-258-132 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 8 1 5/8 TIN TAGS 30 LH PACK 1.00 CAN 67.7400 67.74 0000-405-998 COMMODITY: ROOFING MATERIALS SU13COMMOD: ROOFING SUPPLIES 9 Z MAX 18 GAUGE GALVANIZED HURRICANE TIE 200.00 EA .4800 96.00 0000-102-924 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 10 ZMAX GALVANIZED FACE MOUNT JOIST HANGER 100.00 EA .6700 67.00 0000-865-794 COMMODITY: ROOFING MATERIALS SUBOOMMOD: ROOFING SUPPLIES 11 META 24" 180A ZMAX GALVANIZED MEDIUM STRAP TIE 150.00 EA 2.1500 322.50 0000-866-055 COMMODITY: ROOFING MATERIALS SUBOOMMOD: ROOFING SUPPLIES 12 1 1/4" WIRE 7.2M STEEL RING SHANK ROOFING NAILS 3.00 BOX 44.1800 132.54 0000-405-017 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 13 5/8 X 20FT #5 REBAR 28.00 RA 10.4000 291.20 0000-918-999 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD Page 170 of 1128 PURCHASE REQUISITION NBR: 0000076641 CONTRACT NO.: STATUS: DEPT APPROVAL ----REQUISITION 7;°-a ............ . ,- REASON NEW ROOF AT ROLLING GREEN DATE: 6/26/20 .�._.., SHIP TO LOCATION: ROLLING GREEN COMPLEX SUGGESTED VENDOR: 1449 HOME DEPOT CREDIT SERVICES DELIVER BY DATE: 6,��2� NBRE DESCRIPTION QUANTITY UOM COST E UNIT ECOST VENDOR PART NUMBER ------------------------------------------------------------------------------------------------------------------------------------ 14 2 X 4 X 12 PINE 34.00 EA 5.920D 201.28 0000-161-667 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 15 15.5 GAUGE REBAR WIRE TIE 3.00 EA 9.4700 28.41 0000-572-365 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 16 2 3/8 X .113 GALVANIZED SHANK NAILS 5.00 EA 25.9800 129.90 0000-940-753 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 17 2 X .113 GALVANIZED STEEL RING ROUND NAILS 2.00 SA 25.9800 51.96 0000-860-630 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 18 #8 3" 16 PENNY NAILS 4.00 EA 16.9800 75.92 0000-193-313 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 19 3 X .120 GALVANIZED SHANK NAILS 3.00 EA 26.9800 80.94 0000-977-079 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 20 10D X 1 1/2 SMOOTH SHANK CONNECTOR NAIL 8.00 EA 19.9800 159.84 0000-205-268 COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 21 2 3/4 X 3 X 10 26 GAUGE DRIP EDGE 40.00 EA 7.8200 312-80 0000-35S-17S COMMODITY: ROOFING MATERIALS SUBCOMMOD: ROOFING SUPPLIES 22 2 X 4 X 8 #2 PT LUMBER 56.00 EA 5.9800 334.88 1001-753-743 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 23 1 X 6 X 12 PT LUMBER 36.00 EA 8.5700 308.52 1001-753-967 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 24 1 X 4 X 8 FURRING STRIP 50.00 EA 1.9800 99.00 0000-687-642 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 25 2 X 4 X 16 LUMBER 80.00 EA 7.8600 628.80 0000-161-6B3 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 26 2 X 4 X 99IN WOOD STUD 50.00 EA 3.4100 170.50 0000-161-640 COMMODITY. LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD Page 171 of 1128 PURCHASE REQUISITION NBR: 0000076641 CONTRACT NO.: STATUS: DEPT APPROVAL - REQUISATION_ax - REASON: NEW ROOF AT ROLLING GREEN DATE: 6/26/20 SHIP TO LOCATION: ROLLING GREEN COMPLEX SUGGESTED VENDOR: 1449 HOME DEPOT CREDIT SERVICES DELIVER BY DATE. 6/26/20 1NE UNIT R EXTEND DESCRIPTION OUANTITY UOM COST CO NBT VENDOR PART NUMBER ------------------------------------------------------------------------------------------------------------------------------------ 27 3/8 X 20 #3 REBAR 20.00 EA 5.3500 107.00 0000-962-910 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 28 2X 6 X 16 #2 DIMENSIONAL LUMBER 20.00 EA 11.6100 232.20 0000-161-799 COMMODITY: LUMBER& RELATED PRODUCTS SUBCOMMOD: PLYWOOD 29 DELIVERY FEE 79.00 DL 1.0000 79.00 0000-515-663 COMMODITY: SHIPPING AND HANDLING SUBCCMMOD: SHIPPING: & HANDLING REQUISITION TOTAL: 11141.09 -------------- REQUISITION QUOTES VENDOR NAME SELECTED VENDOR: 11141.0900 1449 HOME DEPOT CREDIT SERVICES 10744.1800 6890 LOWE'S HOME IMPROVEMENT WHSE 10524.0100 17355 W & W LUMBER & BUILDING SUPPLI ------------------------------------------------------------------------------------------------------------------------------------ A C C O U N T I N F O R M A T I O N LINE # ACCOUNT PROJECT w AMOUNT 1 30242255806201 BUILDINGS FA2002 100.00 395.64 BUILDING IMPROVEMENTS Rolling Green Site Improv 2 30242255806201 BUILDINGS PA2002 100.00 3333.36 3 30242255806201 BUILDING IMPROVEMENTS Rolling Green Site Improv DINGSFA2002 100.00 59.00 BUILDING IMPROVEMENTS Rolling Green Site Improv 4 30242255806201 BUILDINGS PA2002 100.00 274.20 BUILDING IMPROVEMENTS Rolling Green Site Improv 5 30242255806201 BUILDINGS FA2002 100.00 978.40 BUILDING IMPROVEMENTS Rolling Green Site Improv 6 30242255806201 BUILDINGS FA2002 100.00 1872-00 BUILDING IMPROVEMENTS Rolling Green Site Improv 7 30242255806201 BUILDINGS FA2002 100.00 250.56 BUILDING IMPROVEMENTS Rolling Green Site Improv 8 30242255806201 BUILDINGS FA2002 100.00 67-74 BUILDING IMPROVEMENTS Rolling Green Site Improv 9 30242255806201 BUILDINGS FA2002 10D.00 96.00 BUILDING IMPROVEMENTS Rolling Green Site Improv 10 30242255806201 BUILDINGS M002 100.00 67.00 BUILDING IMPROVEMENTS Rolling Green Site ImproV 31 30242255806201 BUILDINGS FA2002 100.00 322.50 BUILDING IMPROVEMENTS Rolling Green Site Improv 12 30242255606201 BUILDINGS FA2002 100.00 232.54 BUILDING IMPROVEMENTS Rolling Green Site Improv Page 172 of 1128 PURCHASE REQUISITION NBR: 0000076641 CONTRACT NO.: STATUS: DEPT APPROVAL REQUISITION BY: JEN _ _ REASON: NEN ROOF AT ROLLING GREEN DATE: 6/26/20 ...... - - SHIP TO LOCATION: ROLLING GREEN COMPLEX SUGGESTED VENDOR: 1449 HOME DEPOT CREDIT SERVICES DELIVER BY DATE: 6/26)'20 LINE UNIT EXTEND NBR DESCRIPTION QUANTITY UOM COST COST VENDOR PART NUMBER ------------------------------------------------------------------------------------------------------------------------------------ A C C O U N T I N F O R M A T I O N LINE # ACCOUNT PROJECT ; AMOUNT 13 30242255866201 BUILDINGS FA2002 100.00 291.20 BUILDING IMPROVEMENTS Rolling Green Site Improv 14 30242255806201 BUILDINGS PA2002 100.00 201.28 BUILDING IMPROVEMENTS Rolling Green Site Improv 15 30242255806201 BUILDINGS PA2002 100.00 28.41 BUILDING IMPROVEMENTS Rolling Green Site Improv 16 30242255606201 BUILDINGS M2002 100.00 129.90 BUILDING IMPROVEMENTSRolling Green Site Improv 17 30242255806201 BUILDINGSFA2002 100.00 51.96 18 30242255806201 BUILDINGS FA2 BUILDING IMPROVEMENTS 000z g Green Site Improv 1DO.00 75.92 BUILDING IMP19 30242255806201 BUILDINGS ROVEMENTS FA2002RolliGreen Site Improv 1DO.DO 80.94 BUILDING IMPROVEMENTS Rolling Green Site Improv 20 30242255806201 BUILDINGS FA2002 100.00 159.84 BUILDING 21 30242255806201 BUILDINGS ng Green Site Improv PROVEMENT3 FA200Roll2100.00 312.80 BUILDING IMPROVEMENTS Rolling Green Site Improv 22 30242255806201 BUILDINGS FA2002 100.00 334.88 BUILDING IMPROVEMENTS Rolling Green Site improv 23 30242255806201 BUILDINGS FA2002 100.00 308.52 BUILDING IMPROVEMENTS Rolling Green Site Improv 24 30242255606201 BUILDINGS FA2002 100.00 99.00 BUILDING IMPROVEMENTS Rolling Green Site Improv 25 30242255606201 BUILDINGS BA2002 100.OD 628.80 BUILDING IMPROVEMENTS Rolling Green Site Improv 26 30242255806201 BUILDINGS FA2002 100.00 170.5D BUILDING IMPROVEMENTS Rolling Green site improv 27 30242255806201 BUILDINGS PA2002 100.OD 107.00 BUILDING IMPROVEMENTS Rolling Green Site Improv 28 30242255806201 BUILDINGS PA2002 100.00 232.20 BUILDING IMPROVEMENTS Rolling Green Site Improv 29 30242255806201 BUILDINGS FA2002 100.00 79.00 BUILDING IMPROVEMENTS Rolling Green Site Improv 11141.09 REQUISITION IS IN THE CURRENT FISCAL YEAR. REQUISITION COMMENTS: WAREHOUSE ORDER FOR FACILITIES DO NOT ORDER WE HILL EMAIL VENDOR. TRANSFERRED FROM SPECIAL ORDER 9120 Page 173 of 1128 PURCIWE REQUISITION NBRz D000076641 CONTRACT ED.-. STA TUS3 DEPT APPROVAL DATE: 9/26/20 REASON; NEW ROOF AT ROLLING GREEN SHIP TO LOCATION: ROLLING GREEN COMPLEX SUGGESTED VENDOR: 1449 HOME DEPOT CREDIT SARVICKS DELIVER BY DATEt ------------------------------------------------------------------------------------------------------------------------------------ RROCISITION COMMENTS- 3 QUOTES ATTACHED OVER 10,000 FORM ATTACHED DELIVER TO . 515 HN 14TH COURT ED BEACH FL 33435 ROLLING GREEN SITE Page 174 of 1128 VENDOR PRICLQ���� WSO / PO / Requisition 71�.�-,-ji 1. Name: c� 2. $ Name: Phone 50q -3c-91 $ aY Name: Phone CBB Bid # Piggy Back Bid # Sole Source Letter Other Page 175 of 1128 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 14,000 Date: Requesting Department: ,F Contact Person: { Explanation for Purchase: T t 7 ea v $ 3. lest Recommended Vendor � , Dollar Amount of Purchase ° Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number, NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. Fund Source for Purchase: uc, p <<°6 t,. Approvals: Date Department Head Z� - . Purchasing Agent Date e g Asst City Manager Date City Manager Date Form Revised 42/01/02 ' Page 176 of 1128 (4 Boxes)#8 3'long duplex nails icA" l , (34)2x4x12 pine Page 177 of 1128 ROLLING GREEN OUT BUILDING PROJECT: Materials list: t8) boxes Simpson Strong-tie 1 Y" nails f12)4x4x12 PT x(152) 19/32 x 4x8 rated sheathing tq 56)2x4x8PT M (150)24"x1 Y"truss straps 1..: 'A ,200)Simpson Strong-Tie Z-Max stud connectors (1)301b box of 15/8"tin tags -USK (50)2x4x8 pineo (100)Simpson Strong-Tie joist hangers L-1-15 'a4°1 (3)cases 1 Y"coil roofing nails (�, L (90)TAN (36)1x6x12 g % (80)2x4x16 (20)#3 rebs r 20'-0" 0 m (5)Cases 2 3/8"21 degree framing nails (40)2 Y" Metal drip(Gibraltar Building Products) (40)TI-11 Yz"x4'x8'with 4"spacing of grooves .i (12)T1-115/8"x 4x8 with 8"grooves 1kjk,,pcj (50) 1.x2x8 134CqSLi (3)cases 3 Y"21 degree framing nails 0x (2)cases 2" 21 degree framing nails 9,O t (50) 1x4x8 furring strip boards 81qSC (12)Rolls#30 Warrior roofing(432 sq.feet per roll) t, (3) rolls(400 ft each)16.5 ga tie wire "i (20)2x6x16 pine 0 (28)#5 rebar 20'-0" long %,A Page 178 of 1128 City of Boynton Beach, Warehouse Special Order(Purchase Order) 091,20 Vendor (Only one vendor per Special Order)- —11,11.La Ship To: Attn: Warehouse Email Confirmation To: �L��LL- 222 NE 91h Ave. Fax Confirmation To: Boynton Beach, FL 33435 Toud Costa of Order. $ 4 Y 1, 1 i),J Requesting Department Use WH Use Only Qty'. Item # Description Date RCD B/O X J I ............ �)LA, .......... ...... ..... f et Requesting Department r rl Date Budget Account#-S�2 I -- -------- Project (Use oyidy one account number per order form) ar applicable) Department Director Signature (Signature aq requimA before an order can be piticessed) Recipient Extension or Cell Phone JL (The Warebouse will deliver the order tothe recipient) (WTI Only) Order placed via: Name Date Reason for placing order: All copies are to be returned to the warehouse when placing an order. Page 179 of 1128 QUOTE Page 1 of 3 No. HO 224-199614 Store 0224 BOYNTON BEACH Phone:(561)364-9640 1500 SW 8TH ST Salesperson:SRM02M -- -40YNT6N BEACH,FL 33428 Reviewer.SRM02M [PACIELLID I ' QUOTE JEN (561)742-8309 222 NE 9TH AVE '%M2 (561)742-6324 cgffw�N" CITY OF BOYNTON BEACH BOYNTON BEACH '°"°i�'�'° ROLLING GREEN PROJECT 2020-06-28 09.33 FL 33435 PALM BEACH Prices Valid Thrq_0710312020 - - HOME DEPOT OELIVERY#'I 'MERCHANDISE AND SERVICE '"&resem�e' q, 'Iej°' merchendlse sal SUMMARY r F REP 9 V29 STOCK MERCHANDISE TO BE DELIVER: 99 � RRol EF# µl 00-915 QTY„ ... UM 60t �frl,Sidinp.x96 in.i 1 DOC(Rl ��t�.� xnft.x 8f ryaN„ P! I TAX 1'RIdE E 32.97 EXTENSi I R02 000-g66 081.. 152 00 „)92 in.x!4'R,8 ft Rtd Shealhi OCA Nomu�l:19132!n x 4 ft.x 8 ft Actual A N „,A R03 0000-160-954 50.00 E&1,in x 2 in.,x 8 FmStn'raA N 7.,i8 9.00 R04 OttI- X7-473 12.00 ,RL#30 Felt Roof Deck x�ryeclirl - . 205 X74.20 R06 0000-218-004 40.06 IJA�PI13 V. od Siding Panel T1-11 4 IN OC(Nominal.11132 in.x4%x 8 ft.;Actual. A N $24.46 $978.40 61, 0.3 .x 48 m.x 96 ROB 0000-515-028 90.00 BD,Royal Sovereign Golden Cedar Algae Resistant 3-Tab Roofing Shingles(33.33 A N $20.80i $1,872.00- laq.ft.ver.Bundle)-L20joeces l �R07 v. 0000-2-58-",32 12.00 r7,Af,4 in.x 4 in.x 12 ftin.x 4 in.x 12 ft.#2 Pressure-Treated Timber!„ A N I $ 0 88 R $ 56 ROB0000 405 998 1,006 . A 1 5t8 in Tm Tags 30 Ib.Pack/ ( $67.74 74 R09__ COM-102-924 y 2t�0.ry0 Fla Z MAX 1B-Gain Galvanized Hurricane Tie A_— N $0.48 5186 OD" _ �. R10 0000.865-794 100.00 EA9 7 KAX_Galvanized Face-m-num-10;,Ix Ila or°q 2x4 pminW Camber/ A ® �Nyuv� $0.67 _ 700" R11 0000-866-055 150.00 FA NEST h,24 i t.18-Gaspe ZMAX Galvan¢ed Medium StrapTie/ A N 3 52.15 $322.50 R12 0000405.017 3.66 EA;1-114 in,Wire 7.2M Electro-Galvanized Steel Ring Shank Roofing Nails(7,200 A N $44.18 $132.54• ____ .. Bal coumu a no HwN riAGE _ Page 1 of 3 No. H0224-199614 Indlctes Caust mer C py down Page 180 of 1128 HOME DEPOT DELIVERY#1 11 _ (con9mied) 9�REF#1/29 ...... .a_ ... - ..__..... s� �0 145 Lumber! A ®�s R14 00000-1667 34.00 EA 22iin!x 4 m x 122 ft.Standard and Better"n Dried Heat Treated Spruce-Pine- A N $$5.92 $20120 e EA R17 U70 94L,7-M� I 5.00 EA 2-318 in.x 0.113 Plastic Exter� e 1 A N � X0 47' 28 _R15 X00 572365 3._00 F�4 kG r� 965-Gauge Rebwr Tial . rEor Galvanized Rini€Shank Nails Y 1 0rrer Saxe I AI M 11 525.98' $129.90l e R16 I 0000-060-630 2.00` EA 2 in.x 0.113-Gauge Plastic 1M Galvanized Steel Ring Exterior Round Nails A N $25.98 Y $51.98 1 C)00tsrB�+x,l R19e ?000 193 13 4.00' EA#8 x 3 t0 16Pentq Bt l Steel Dy lex Nails t5 Ib-Packs l ;A N X 18.88 75.92 R18 0600 977-078 3X0 EA 3 m x 0120 Plastic ExtenGat� r ! r1,1. rlur�j, ,uJl r Boxy I_ rA N X26. R21� 0000-205-268 f 8.001 00 EA Strong Dr ve 10d x 1 112 in.SCN Smooth Shank HDG Connector Nafl(600- A N $19.9$ $159.84 FQO wR23 10011-3-743 1 v 58. JT EA 2 n lx4 irr.x 8 fL#O Prime Ground Contact P�prppOe sure-Treatedl�Lumber/ A N � 'w qa Y� .881 R22 1001-753-957 _ $6,001 � 1 in.x 6 in.x 12 ft-_ ,earance G dg$4UthgrEl,Pl�e Prasswe-Treated Board/ A y N 58.57 r $308.52 R25 0000387-042 50.(01 EA 1 in.x 4 In.x 8 ft.Furrin 5trti Board!� _ A :� 1,Da X99: 7 HQ4 0000-181-683; ._80.00 EA2 in.x 4 in.x 16 ft.IQn Dried'Heat Treated Whitewood Dimensional Lumber/ A ,..N $7.86 $628-80 R27 0000.161.640 50.00 EA 2 in.x 4 in,x 96 in,Piirng Wh4woodd Stud! A N s 53A, $170.0 R26 0000 962-91 20 00 EA X318 in x 20 R!Ki Rebar A N 5 35,. u107 00 y. - 1 1 0000-161-799 20.00 EA.2+ii,x 8 b x lB ft_#MTR KD-HT SPF Dimensional Lumber/ iA N 511.61 $23220 ERCHANDiSE TOTALT $11 05 . DELIVERY INFORMATION: SCHEDULED DELIVERY DATE: Will be scheduled upon arrival of all 810 Merchandise SCHEDULED DELIVERY TIIRM Wdl be scheduled urn amval of p 4 14terchandiise _ V29 0000 515 663 1.00 sOutside Delrry „� X79 00 $76 00 DELIVERY SERVICE SUBTOTAL 7tu 00 LTtM 6C WJt.L DELIVER MDSE TOr _IPAC1F-LLO,JEN ADDRESS: 515 NW 14TH CT CITY: BOYNTON BEACH STATE: 1=L ZIP: 33435 COUNTY: PALM BEACH SALES TAX RATE: 7.000 PHONE: (561J 742-6309 ALTERNATE PHONE: (561)742-0309 _ SE" '.:.CONTINID ON NFJ(T P71 1409 Page 2 of 3 No. H0224-199814 Customer Copy Page 181 of 1128 HOME DEPOT-DELiVERY-#1 _._.... L —j REF W28 DRJV'ER WrXIAIL.INSTRLICTIoms: END OF HOME DEPOT DEL-111ERY #V29 .w .. .............. .„........................... .N,u ., TOTAL CHA GES_QF ALL MERCHANDISE SERVICES Policy Id(PI): A 180 DAYS DEFAULT POLICY: SALSS TAXX0.00 YIOTAi1 111.141-091 SALAINC E DUE $11,141.09 a 'The Home Depot reserves the fight to limit/deny returns.Please see the return policy sign in stars fordefaffs' ®H_D�. ORDER No:80724-79 14 Page 3 of 3 NO. H0224-199614 Customer Copy Page 182 of 1128 6/24/2020 Shopping Carl-Lowes.com Eft, Shor%pin,-* Cart Order Summary Royal Palm Beach Lowe's, FL I Change Store> Item $10,644.18 103 South State Rd 7. Royal Palm Beach, FI. 33411 Total 788 Items I Remove 788 Items Estimated $100.00 Delivery Item#29003 1 Model#24#2SE.16 $7.85 Qty: 80 $628.80 "g� Top Choice 2-in x 4-in x 16-ft $7.86 each Estimated $10,744.18 } Spruce Pine Fir Lumber Total (Common); 1.5-in x 3,5-in x 16 ft(Actual) Taxes calculated at checkout Item#50031 Model# $3.41 Qty: 50 $170.50 Total $508.18 SO4S .'.9255 Savings 2-in x 4-in x - Whitewood $3 41 each Pre-Cut Stud (Common); 1.5- in x 3.5-in x 2-518-in (Actual) m. Item#45101 Model# $1.98 Qty: 50 $99.00 S145S96PMOM260WT 1 x 4 x 8-ft Furring Strip $1.9$each !v � (Common);0.75-in x 3.5-in x Was $2.26 8-ft(Actual) SAVE 12% 71 Item#4511 1 Model# $1.18 Qty: 50 $59.00 741262023931 $1.18 each 1 x 2 x 8-ft Furring Strip (Common); 0.75-in x 1.5-in x 8- (Actual) Item#2u349 I Model# $5,92 Qty: 34 $201.28 ..,- S204SE.`1.12 $5.92 each - Top Choice 2-in x 4-in x 12-ft , Spruce Pine Fir Lumber (Common); 1.5-in x 3.5-in x 12-ft (Actual) ir4ed1www3owes.comlcart 1/5 Page 183 of 1128 6/24/2020 . Shopping Cart-Lowes.com Item#33789 1 Model# $11.61 Qty:20 $232.20 S206SE.1.16 2-in x 6-in x 16 ft Spruce Pine $11.61 each Fir Lumber(Common); 1.5-In x 5.5-in x 16-ft(Actual) Item#953 1 Model#1X6 12 $13.18 Qty: 36 $474.48 SWPN2 $13.18 1-in x 6-in x 12-ft Whitewood each Board Was$13.88 SAVE 5% _ y Item#196087 1 Model# $5.88 Qty: 56 $329.28 • OG2P20408-AG i Severe Weather 2-in x 44n x $5'88 each 8-ft#2 Prime Pressure Treated Lumber i Item#122421 Model#NA $24,37 Qty: $3,704.24 Plytanium 19132 Cat Ps1.09 $24.37 152 • Square Structural Pine each Sheathing,Application as 4 x 8 .n m CD CL Cr s � Item#129561 Model#NA $32.93 Qty: 12 $395.16 Plytanium T1-11 Natural $32°93 Rough Sawn Syp Plywood each Panel Siding (Common: 0.59- in x 48-in x 96-in; Actual: I 0.578-in x 47.875-in x 95.875- in) Item#1901 1 Model# $8,42 Qty:40 $336.80 HGWH6TSRE26WF Union Corrugating 3-in x 10-ft $8'42 each White Galvanized Steel Drip Edge Item#267152 1 Model#PM28 $31.61 Qty:90 $2,844.90 Owens Corning Supreme $31.61 -$568.98 c 33.33-sq ft Beachwood Sand each 3-Tab Roof Shingles hdps:/A%wvJ,bwes.com/cart Page 184 oM 128 6/249020 Shopping Cart-Lowes.com I Buy 48 get 20%off Item#10308 Model#FGUR45 $16.75 Qty:24 $402.00 36-in x 72 ft 216-sq ft Felt $16.75 Roof Underlayment each Item#312626 1 Model#Y240412- $19.88 Qty: 12 $238.56 GC Severe Weather 4-1n x 4-1n x $19.88each •' 12-ft 42 Pressure Treated Lumber P Item#19833 1 Model#20163S $32.98 Qty:3 $98.94 Metabo HPT (was Hitachi $32-98 Power Tools)3.114-in 21- each Degree Pneumatic Framing Nails (1000-Count) Item#43564 1 Model#20171 S $23.98 Qty, 2 $47.96 Metabo HPT(was Hitachi $23.98 Power Tools) 2-in 21-Degree each Pneumatic Framing Nails (1000-Count) a � cD CD Item#1165131 Model#20103S $17.98 Qty: 5 $$9,90 77 Metabo HPT(was Hitachi $17.98 Power Tools) 2.318-in 21- each Degree Pneumatic Framing Nails (1000-Count) Item#688875 1 Model#12112.0 $49,98 Qty:3 $149,94 " Metabo HPT (was Hitachi $49 98 Power Tools) 1-'112-in 15- each Degree Pneumatic Roofing Nails (7200-Count) FItem#56928 1 Model#461486 $17.48 Qty: 8 $139.84 4 Fas-n-rite 1-1J2-in 9-Gauge $17.48 Galvanized Steel Exterior each Joist Hanger Nails(5-lbs) r: I h tps:// ww!Iowes.comlcart 315 Page 185 of 1128 6124/2020 Shopping Cart-Lowes.com Item#664480 1 Model#50118 $6,58 Qty:56 $480.48 (Common: 0.625-in x 10-ft; $13,58 each Actual: 0.625-in x 9.916-ft) Steel Rebar Item#69319 1 Model#16DUP5 $17,98 Qty: 5 $89,90 Grip-Rite 3-in 8-Gauge Bright $17.98 Steel Interior/Exterior Duplex each Nails (5-lbs) 1 De Is, Inspiration and Trends email address ZIP code SIGN UP We've got ideas to share. Enter your email and ZIP code. Cotact Us Order Status Lowe's Credit Gift Cards Installation Lowe's Apps Cards Services ro ro Q Cr 0) 0 ABOUT LOWE'S STORES & CUSTOMER CONNECT WITH US SERVICES SERVICE FaceboT*itter PinterektstagrYnutube Who We Are I Find a Store Rebates Caeeers Store Directory Returns & PRIVACY& USE Investors Exchanges Brand Directory Terms Ne, sroom Shipping & Store Services Delivery Privacy Statement Lowe's Suppliers Interest-Based Ads DIY Workshops Special Orders Affiliate Program Lowe's For Pros Recalls & Product CA Privacy Rights Lowe's Canada Safety Don't Sell My Info. Site Directory Protection Plans Military Discount { httpsz/Avwkbwes.c=/cart Page 186 of/sl 128 6124=20 Shopping Cart-Lowes.com a I I i d m co co CL cr m 4 L 1 I i t' https:lhnvw.lowes.corrJcart 51� Page 187 of 1128 W&W LUMBER-INDIANTOWN PAGE NO:1 P.O.BOX 1 1.6500=SW-WARFIELD-BL-ND- .......,, INDIANTOWN,FL 34956 PHONE: (772)597-3506 www.ww4umber.com IYIS11D1 w. 408N0: p1l owl ; +....®�._ -.. .. r:cREllrm er:,. .i •-•,,'�—:.c„ ail Er7�uE "�"�"'R 5ff0i32 000 CITY OF BOYNTON BEACH 'RGUISO 'M&20 3.4' esroac w..�. .70 � COD•RON GUISON- CITY OF BOYNTON BEACH 29 RON GUISON 1,CAX EXEMPT COD ROLLING,GREEN'OUT BLDG 9" S rAx:600 IND€ANTOWMENSEN EXE � rK JENS BE,ACH ,t�ri� JEN PAO 495 F� E vwnoNwe T6128l2D. 561-742-6309 ESTIMATE: 883750/5 „LXV QUANTITY. UMI SKU -_ ,u----------.- 17ESCRIPTION_ it $UGG� UNITS PRICE IPERJi E!(TEN;sION 1 8 EA HGN1129HGJH5 1 112 X 9 HG JOIST NAIL 5# B 13.39 IEA 107.12 N 2 12 PC 4412PT 04-12 PT PINE 144 1.59 ILF 228.96 N 3 152 EA 58CD 5I8"4X8 COX PLYWOOD 152 21.39 ISH 3,251.28 N 4 66 PC 248PT 2X4X8 PT PINE 448 0.75 ILF 336.00 N 5 150 EA MSTA24 24"FLAT STRjMP S[ P50N 150 1.28 1EA 192.00 N 7 200 EA SP4 SP4 SIMPSONYTOR; LA .BOX TIN �C u 1 61.99 IBX 67.99 N 200 1.19 IEA 238.00 N 8 50 PC 248YP 2X4-8 SYP 400 0.70 ILF 280.00 N 9 100 EA HUS26 HUS26 100 1.89 IEA 189.00 N 11 3 EA 'HGC114EGCRFG 11/4 X 120"EG SMT COIL NAIL 7M 3 36.69 IEA 110.07 N 12 (90)TAN???IF SHINGLE WE DONT 13 STOCK 15 36 PC 1612S3 1X6-12 #3 SPRUCE 432 0.79!LF 341.28 N 16 80 I PC 2416YP 2X4-16 SYP 80 10.56 IPC 844.80 N 17 20 BY 320R13 42 20'REBAR STEEL LENGTHS t 20 3.89 1BY 77.80 N Cnrdinued... "b5001320008831 E mofo Page 188 of 1128 W&W LUMBER4NDIANTOWN PAGE NO;2 P.O.BOX 1 16500 SW WARFIELD BLVD. INDIANTOWN, FL 34956 PHONE:(772)597.3505 www.vm4ijmber.com ,,OMMMERNO: JOB W. PURCHASEORBEW REFERENCE: CREATED BY: OATE17W: 500132 000 _ CITY OF BOYNTON BEACH _ RGUISO :6125/20 3:47 ws7oNER NWAIVI TERNMAL• 570 COD RON GUISON CITY OF BOYNTON BEACH 29 RON GUISON r EXEMPT COD ROLLING GREEN OUT BLDG rax 500 INDIANTOWWJENSEN EXE a l�N PACIEL'LO ExaRanoNCAM 6126120 JEIVSFN BEACH FL _X4957 66'-74209ESTIMATE: 883150/5 ..� 4 40 QUANTITY. UM p.�SJC1 - DESCRIPTION SUGG UNITS' pR10E„ 1pEfi EXTENSION 18 5 EA HGCCJVWWB3M 23/8X 113"RS COIL NAIL 3M 5 49.99 IEA 249.95 N S9 40 PC 33ED 3 X 3 GALV SAVE DRIP 10' 40 6.86 IPC 274.40 N 20 40 SH 584P 516"4X8 RIS 4"Ti I i PINE SIDING 40 40.56 ISH 1.622.40 N 21 12 SH 588P 518"4X8 RIS 8"T111 PINE SIDING 12 41.04 ISH ! 492.48 N 22 50 PC 128PTP iX2X8 EXTERNT�EATED Ca 400 0.14 ILF 56.00 N 23 3 EA HGCDMXSVUB4M 21 DEG 1W NOT IN1ST04I KtAJIL 3 72.99 IEA 218.97 N 24 3 25 2 EA HOCDFVWWB5M 21 DG PLASTIC 2X113 OGRS 5M NAIL 2 50.99 IEA 101.98 N 26 50 PC 14BPT 1X4-8 PT PINE 400 0.33ILF 132.00 N 27 12 RL 30ASTM ASTM 36"D4869 REG 3D#FELT 200' 12 16.99 IRL 203.88 N 2B 3 EA54722 VIRE TIE RE-BAR 16GA340' 3 8.79 IEA 26.37 N 29 20 PC 261BYP 2XSX16 92 YELLOW PINE 20 14.24 IPC 284.80 N 30 28 BY 520RB 6 20'REBAR STEEL GRD 60 28 8.93/BY 250.04 N 31 4 EA HGN160UPX 16D DUPLEX NAIL 50IF 41 49.39 IEA 197.56 N 32 34 PC 2412YP 4X12'02 YELLOW PINE 408; 0.61 /LF 248.88 N TAXABLE 0.00 NON-TAXABLE 10624.01 SUB-TOTAL 10624.01 TAX AMOUNT a.a0 TOTAL AMOUNT 10624.01 EDBY Ab5001320008831 . s A,vk Page 189 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #; 201295 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/29/20 VENDOR 18144 SHIP TO: TO: BROADCAST SYSTEMS City of Boynton Beach ER TECH SYSTEMS CROUP INC POLICE DEPARTMENT 205 NW 1TH AVE, SUITE 201 2100 HIGH RIDGE RD POMPANO BEACH, FL 33069 BOYNTON BEACH, FL 33426 REQUISITION NO. [ ORDERING DEPARTMENT: DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: ...... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12 . 00 EA LG: 55VM5E-A 2800 . 0000 33600 . 00 VM5E Series - 55" Video Wall Key Features 0 . 9 mm (even) / 1 8 mm (S.t.B) extreme narrow bezel Vivid picture quality with high and wade viewing an!71.e Built-in Content Management System Interface : HDMI (2) / DP/ DVI-D/ USB 2 . 0/ RS232C/ RJ45/ Audio/ IR REMARKS: MONITORS FOR THE REAL TIME CRIME CENTER ESTIMATE 43336 ---- .......... - _ PROCUREMENT SERVICES: � ` a a� � � � � P.O. TOTAL. 33600 . 00 �,„ .,........ ACCOUNT NO. PROJECT SEE BELOW I PURCHASING Page 190 of 1128 Page 191 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 201295 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/29/20 VENDOR 18144 SHIP TO: TO: BROADCAST SYSTEMS City of Boynton Beach ER TECH SYSTEMS CROUP INC POLICE DEPARTMENT 205 NW 1TH AVE, SUITE 201 2100 HIGH RIDGE RD POMPANO BEACH, FL 33069 BOYNTON BEACH, FL 33426 REQUISITION NO ORDERING DEPARTMENT u, u,uuuu uuuuuuu,u.. , r• ® b DATE NEEDED I COMMiSSIQN APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ----------------------------------------------------------------------- REQ/ACCT ---------_-----_-----------REQ/ACCT DATE REQ. . BY PROJECT AMOUNT -- -- -_-- 0000076651 06/29/20 POLICE-SS 30300 . 00 10534495216415 0000076651 06/29/20 POLICE-SS I.T2011 3300 . 00 30341195806415 PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT N0, PROJECT PURCHASING Page 192 of 1128 Page 193 of 1128 Morone ', Susan From: Frederiksen, Mara Sent: Monday,June 29, 2020 1:45 PM To: Coma, Skender Subject: RE: 76600 approved Mara Frederiksen Director of Financial Services Financial Services Mailing Address: P.O. Box 320 ( Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6312 FrederiksenM@bbfl.us boynton-beac .org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Coma,Skender<ComaS@bbfl.us> Sent: Monday,June 29, 2020 11:52 AM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject:76600 Typo on $10k form of total price will be fixed when printed. Thanks! Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 El Physical Address: 3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 562-742-6308 CoaS@bfl.us boynton-beach.org/ 19103 5 1 Page 194 of 1128 El Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 195 of 1128 J a CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $103,000 Date: 6/23/2020 Requesting Department: Police Contact Person: S. Stewart ...,..,, ,,,,,,,,,,,,,,,,,,, Explanation for Purchase: To purchase monitors for the Real Time Crime Center Three quotes are attached- -Broadcast Systems Estimate 3336 - RTCC Monitor Quote Rev 6-22-20 - $33,360 -Connection - LG - 55VM5E-A- $3940.47 -B&H - LG - 55VM5E-A- $44,601.20 syn Funds for the acquisition have been budgeted via Grant Account#105-3449-521.64-15 ($30,300) and Cayital Improvement Protect Account# 3034119-580-64.f ( 300) Recommended Vendor Broadcast Systems µ� , ,wmaaaa ., m Dollar Amount of Purchase 33,360.00 Source for Purchase (check and attach backup materials): Three Written Quotations lx:::] GSA State Contract PREDERESPECT } SNAPS Sale Source Piggy-Back Budgeted item Emergency Purchase Other Contract Number: _ NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account #105-3449-521,64-15 ($30,300.00) Account# 303-4119-580-64.14 $3,300.00). T-,T2o t t Approva[s Department Head " Date Purchasing Agent � Date i . Asst City Manager Date ,;.City Manager Date M.. Form Revised 02/01/02 Lt- c Page 196 of 1128 O O r 1 N N r I N M (Y) I 3 l4 1p i H O O O E+ 1 1 W m a O O M M �F aM mss. P: 1 , r D 1 1 `" '" 1 i � 1 f I44I 1 I 1 I 1 I 1 I 1 .. U 1 I 1 I C5 0 H 1 E- P$ Q E 1 1 O O 0 o va CJ V z 0 1 O O I np O I 01 zLD %D O H V1 W I M M UM M I 1-7 L I Wi Ei l I �1 L J (J1 E E-I L a 1. I z S'a ki)0E+ [rl� 9 a r o E i O U [pryt7;' 4 O Q r o E' 4 i� FC L m z I $4 r7 O P4 Q O 1 N U S^�.y11 CD 1 KC E+ £ (Ii V) D I H I H R. H di t H I E4 E•1 PO Z H 1 A Z o m O I W a ° w �., H z a£ ] t i 4' O N m a d H l O l In, IE't PG H H d P4' H u1 4E) O KG I KG 1 Do w ww ai iz z W H w r InE U]uz�iIrla, U z Ps U)a U] a Qy I y W W H L u Cn i P. Jutl b e a N a � awa�i w e N f tl N,7 m H l w H W H a I 41 4.J 11'1H ,� uLr) i �w•1 GD9 F4 1 1 PO Li rl m 2! I VzVx U1 1 W 91 � wPQ HHH 1 I I H 1+ fe zO 1UU 41 C\\ pq 1 U U 1 M JJ m •'I z . 0 1 H H 1 Cn Id • H W 7 a I W H rd A, Ln Ln O O I W W & C .H7 1H7 i H H L a ; m mA OO 1 %D W cn ?4 !4 G�Ln i N m H7., P4 O 7. 1 1 W :1 a .,W .. .. 1 Ul In H O 1 W r-1y m m o O Ey H i � r,tl� •.u{ SUP HO .7w rH-t ) H Gla 1 .`{, ¢t •ra Al\Q E I O M v U E-1 O H 1 t(y 1 W V D O I U Ln M Id ,-7 Pt 1 In O '-1'O N L14 N C} 1 U a o 1-4 U 1 111 UJ•,4 r I r-L W M 1 K�H M O D 03 1 0 171 N P. to 41 N O'f7 I H O :Z) E m r [7•ra • e1 "10 ;jsi u1 U Cl) 1 w Pt Q rlr> A> cdmHPi � 3kpi H � z P4 1 H w H H H H W W 1 1 W' Pry Page 197 of 1128 Stewart. Soiahia From: Snow, Vanessa Sent: Tuesday,June 23, 2020 10:09 AM To: Stewart,Sophia Subject: RE: Request for req That was my error,thank you for catching it. Yes, please modify. From:Stewart,Sophia Sent:Tuesday,June 23, 202010:07 AM To: Snow,Vanessa<snowv@bbfl_us> Subject: RE. Request for req Good Morning, Please approve me modifying the request to change the cost allocation. I would like to change the CIP Account#303- 4119-580-64-14 amount from$3,060 to$3300. This will ensure that the total cost is fully allocated. Special Thanks, Sophia From:Snow,Vanessa Sent:Tuesday,June 23, 2020 8:45 AM To:Stafford,Zeneta<StaffordZ�_iibbflmus> Cc:Stewart,Sophia<gtewartS r!1bbfl.us>; Zeller, Matthew<ZellerWe,c bbfl.us>;Smith,Jaclyn<SmEthla�-,:=Jbbfl.us>; Maracotta, Karl<MaracottaK,-Pbbfl..us> Subject: Request for req Good morning. Would you please process a req to purchase monitors for the Real Time Crime Center? Three quotes are attached: Broadcast Systems Estimate 3336- RTCC Monitor Quote Rev 6-22-20-$33,360 Connection-LG-55VM5E-A-$39940.47 • B&H -LG-55VM5E-A-$44,601.20 Funds for the acquisition have been budgeted via Grant Account#105-3449-521.64-15($30,300.00)and Capital Improvement Project Account#303-4119-580-64.14($3060.00). Let me know if you have any questions. i Page 198 of 1128 Assistant Chief Vanessa K.Snow 15upport Services Division Commander Boynton Beach Police 561.742.6116 office I snowy labfl.os I Follow Us On:Web;Twitter;Fa_cebook;YouTube 2 Page 199 of 1128 ryEstimate Date Estimate# S Y S TE M S 5/15/2020 3336 205 NW 12th Ave.,Suite 201 - - Pompano Beach,FL 33069 EC13009779 Name 1 Address Project Site City of Boyton Beach City of Boyton Beach 3301 Quantum Blvd, Suite 101 Police Department Boynton Beach,FL 33426 2045 High Ridge Rd Boynton Beach,FL 33426 _.... .. .... ........... -------------------------__.... ........ _. Item Description Qty Rate Total Misc Parts LG:55VM5E-A 12 1 2,800.00! 3300.00 VM5E Series-55" Video Wall Key Features 0.9 mm(even)/ 1.$mm(BtB)extreme narrow bezel Vivid picture quality with high and wide viewing angle Built-in Content Management System Interface:14DMI(2)1 DPI DVI-D/USB 2.01 RS232C/RJ451 Audio/IR This is an estimate only,not a contract.This estimate is completing the job listed above based on our Subtotal evaluation.It does not include unforseen price increases,discontinued products or additional labor and $33,600.00 materials which may be required should problems arise.This estimate is valid for 90 days. - ... _. �. Sales Tax(0.0%) $0.00 Phone# E-mail Follow us on[nstagram (561)578-4964 sales@broadcastsystemsinc.com Broadcast Systems Total $33,600.00 Page 200 of 1128 §14/2020 B&H Shopping Cart i B&H Photo Video e B&H for 825,Gov,students&More• Read Lora 800.894.4703 1212.502-6230 Q Help Q Live Chat About us The professional's Source Search DealZone Hello,Lon In DON'T MISS 0071 y. Ends In 14:53:17 My Account • P -co, S a z liv e I ie NYC Store Closed Please{Vote:B&H and our shipping partners are doing our best under difficult circumstances to deliveryour order quickly and safely. It is possible that some shipments may experience unforeseen delays.We appreciate your understanding and patience. ..... MY CART Move All to Wish List Remove All 92 Email Q Print r � usi , PROMO CODE LIS 55"VM5E 0.9mm Extreme special $3,596.00 = Narrow Bazel Video Wall o rder 12 — — Expected -- B&H#LG55VM5EA•MFR IP'SS ,ASE-A availaweelikry:2-4 Shipping Charges Apply ESTIMATE SHIPPING & This item is noncancelable and nonreturnable. 'TAX O Accessories I__ NYC 5uper5tore Pickup See Details SquareTrade Protection Plan: 2-Year Protection Plan $168.99 3-Year Protection Plan $299.99 UNITED STATES MORE INFORMATION Zip Code 33436 Save for Later Remove Subtotal: $43,15100 Item Total: $43,152.00 Shipping 1,449.20 Est.Tax Q $0.00 Cart ID:#18312365672 Total $44,601.20 Saved for Later 12 ilaPramo Financing Available > Stasn ideas here,corrnmitment-free? f egirl Checkout 0 Enter Si or Any items you "Save for Later" will appear here https:ftwww.bhphotavideo.com/fincUcartjsp 1/2 Page 201 of 1128 My Cart Detail rytstt i2t,2�trt}st+ws ms{\t S},r1sp1 t}, iFrs�st9v,�at{{�i(S114ti,(r1t,i;t1)�3,}21}}(sr.4„- 9,ei..;,�t9Z{f�,f 4 F17w 1i LG 55"VM5E Series Video Wall $3.324.95 12 $39,899.49 Partial Quantity Available Call for next available delivery Item#:36977286 Mfg.Part#:55VM5E A Subtotal: $39,899.40 Shipping&Handling: Best Way-Ground $31.47 Tax: $0.00 Total: $39,930.47 Generated on 6/4/2020 1:53:47 PIM Page 1 of 1 Page 202 of 1128 a @1412020 B&H Shopping Cart 168tH Photo Video Helpful Links Shipping Information Our Return Pol'cy Your Privacyand Security SALES&EXPERT ADVICE CUSTOMER SERVICE 800.894.9703 EJ CONTACT US C LIVE CHAT 800.221 .5743 212.502.6230 or 212.239.7765 SHIPPING RETURNS GIFT CARDS EVENT SPACE LANGUAGE CURRENCY Free Expedited Shipping Shop wth Confidence The GA that Expert 3&,H Events English US Dollar For most crders over t r9 Ease 30-Day Rerjrn Policy clever Expires and Presentations MORE HELPFUL LINKS + SIGN UP FOR B&H NEWS AND SPECIAL OTHER B&H SITES GREAT CUSTOMER MORE THAN A WORKPLAC OFFERS SERVICE Student Advantage ;.,,B&H named one of 82B Corp.Govt.&Edu, America's best employers! email address SIGN UP Federal Marketplace NewsweeRrnerica's Best ""Forbes 2018-America's be 2019- ' Customer Service mid-size employers sList E eal zone AigrS v'.reekl/B&H veva letter Americabest customer-Newsweek &J5i'f 7 SLtbSCrrptlnn5 Service ?e sample'Jev:;leitor .H ` Sire -:I-i C 7' - o _ .:.r{osea 4r,-'r. - cs. 'tae.... :r_t ;ros art s.L•ect ra cbang•t�'il:,r. .:rPcPe a,11..,t-::._t..ir "7r :'•uWd a•:. R- ... e; _zLle t,er ai iUWu:•63:icc '];e:.I .n=OF, >hri y rlc:ee hltps:fAww.., hphotovideo.comlfindleari.jsp Zn Page 203 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX p O # : 201297 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/29/20 VENDOR 10777 SHIP TO: TO: SHI City of Boynton Beach 33 KNIGHTS BRIDGE RD ITS DEPARTMENT PISCATAWAY, NJ 08854 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED CONTRACT NO. # COMMISSION APPROVED: EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2 . 00 EA APC SMART-UPS X 2000VA SHORT 1343 . 6600 2687 . 32 DEPTH TOWER/RACK Convertible LCD 100-127V with Network Card APC by Schneider Electric Part#: SMX200OLVNC Contract Name: Omnia Partners. IT Solutions Contract 4. 2018011-02 2 4 - 00 EA APC SMART-UPS SRT 5000VA RM 208V 4267 .5300 17070 - 1.2 TO 120V 2U STEP- Down Transformer APC by Schneider Electric - Part#: SRT5KRMXLT-5KTF C'ontra'ct Name : Omnia 'Partners - IT Solutions Contract #: 201801.1-02 REMARKS : APC UPS UNITS FOR NEW CITY HALL ITS DATA CLOSETS QUOTE 419027700 CONTRACT # 2018011-02 EXPIRES 2/28/23 ve— .en u> _.... ....... a, PROCUREMENT SERVICES: P.O. TOTAL: 19757 .44 ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 204 of 1128 Page 205 of 1128 a PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #: 201297 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 06/29/20 VENDOR 10777 SHIP TO: TO: SHI City of Boynton Beach 33 KNIGHTS BRIDGE RD ITS DEPARTMENT PISCATAWAY, NJ 08854 3301 QUANTUM BLVD , SUITE 101 BOYNTON BEACH, FL 33426 REQUISfTION NO. ORDERING DEPARTMENT: r °t ! DATE NEEDED: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ------MEQ. BY- -------- REQ/ACCTDATE RPROJECT AMOUNT --------------------------------------------------------- 0000076652 06/29/20 ITS IT2002 2687 . 32 30341015806415 0000076652 06/29/20. ITS IT2004 5761. 26 30341015806415 0000076652 06/29/20: ITS IT2005 11308 . 86 30341015806415 ——--—--------------------—--—----—-------------------------------—----- PROCUREMENT SERVICES: P.O. TOTAL: S P r•'. f ..._._..wey....---'-..., n------ ACCOUNT uwxnn Baan Baan rnmmmmcnn rn vs r ' ACCOUNT NO PROJECT i PURCHASING Page 206 of 1128 Page 207 of 1128 Morone Susan From: Frederiksen, Mara Sent: Monday,June 29, 2020 1:46 PM To: Coma, Skender Subject: RE: 76652 ,approved Mara Frederiksen Director of Financial Services Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 561-742-6312 FrederiksenM@bbfl.us boynton-beach.org/ El Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Coma, Skender<ComaS@bbfl.us> Sent: Monday,June 29,20201:12 PM To: Frederiksen, Mara <FrederiksenM@bbfi.us> Subject: 76652 Thanks! Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 561-742-6308 ComaS@bbfl.us I boynton-beach.org/ a Page 208 of 1128 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 209 of 1128 V tl O O N N I \ \ Q I a% O W I N N FQ I \ \ I I r I I H N l0 U] d' M N Q] [y I rl 0 r E E aC I 134 w � tt Q ❑ Cl) Ln H rn ?+ O , z I > t : I [ 1 F-I r I a i I [t] [ I Q l I I I I. I 1 I I UJ E-1 I � I I D O U I I o Ln Ln E Q H 1 N N d' I O r N U h W O 1 ri a�o M io QSEC U I aro o rL() M Z W w 0 r O ul 1 N r 01 I r-I H U E.1 I H 'A I ri C7 H I td 0 U] }. rd �m I 1 y JS •rl P H I o o Z I U? x N H W I O O a I U W SH DU I in [O H I LO fy) O 3 b4 r-I r M r H H z W O H O U I M C14 I E EQ NkDI N o W x H d O H H H O z EQ i IH-1 I G W 4 H P: r I U1 1 a H H H W DI H 1 0 U ,sG d'. Lc)-• E W7.1 a� 0 0 i W W N y.O] Wo 30303 Z F:�UJ r-1 p 1 W I W FD 04-)0 -W O 13 W I W' I O N O N Q1 N 0 0 0H �+ I 0 0 Z 2PZHZHZ H M Q O I W H H H H Pa .7 •• H I I H H F4P: E'tHj I N d' H C14 Q iy x p H p z p 1 H H w wu > R ❑ Q iW p H V) H w SC D H U: z ED 1 w Ln ; L�O W U E 1 z U O u co 0 `o a) a T-) ,n H H H C p x 0 + z z z E P4 u: Pd En I W 00 N x O , rC w W W H o7 1 \ O-r-1 rf l $. x x co J-J I Ix 04-) y s Pr W P1 H N [ W N O U) �5 , HHHHHH p N H ri t p z " , z a 0F-I o � 0 H W0 = aWawaw w r-I 0 � [ E V) u cern uu w� W � W � rx u [ off DOH a a a q [ x •• H fx W E ..-1 01 W , H H H rd tv t H #H P, 7t H W 1 p p p 4-) M } P, 1J .7 J-, i Di a a (13N W �4 1 A U] O S-I 1 Q m t W W W A \Q) ,>~ C4 0] O r'7 N LL 0) O p , R:a P: Ix EiJ H �9: H www14 H \ RS-rl I QY I , zHzz H N O ".40' 3 u4-) W UJ�J W MP4 WP , � xa r-I N I U)> -r1 S4 P1 H �i -'I S-I P, H I U,� u 'x U x r-I 07'd I r Hro Qa HZ Aa I o o o (13s40 I µ' N v 14 N -14 0 4J N N �W I U U C) x -11 v O CA Pr 0 u 0 6] 04 , Q,u1 I o 1 I QY p O Q) 0 1 fx p 1 ✓Y r-1 W a] LO r-1-r-I H W co 1 iJ W r-I I o o W G ri H w 2 1-1 H r 1 r-1 uJ vJ N liE a p sx H o p ID. Ln Ln LO U •.-r1 H H H O C Pr w 0. H �4 0 CD C4 W ; d' d• � 3 0 0 H H 1 SCA W H --< w N v H �., 3 U rd •000 E'o .. 06 tD k-0w u] Na 1 1 ClJ4 -r! Q)NUP, U) H-r1 NNU W 1 0 0 o H ZrHcn I Pt `Cj QJ E 14 0 w E I to (0 O Z r H - m O Z I .:) N SA P Z •• •• •• p 4-I 0 (5 -- .. .. I LC, Lr] LO W H N O H H 0 1 1 r-I M,I.+ Z }H Q I UJ,Jy Z41-?,i A I E H ,-1 r-f � 0 0 m . z H H I HJ�U U HD E F". U W HO O O O M -1H O 6 H I rl CO 4-) 1J H �+ rd co J-, -W I O OH dt 10 O D] H N ! H U P, 1 41,.k V U Q L HU U Q E-1 O H 1 S4 S4 ,�,fd rd O O H }v rd rd O 0 I U M M M I •• H a P4 I U1 Q, 0,q H P U Cn 4 S4 S4,r., U I U O O 0 Z -r1# ••r� LO U I } ',3 J-, 4J �cqq y JJ pq 1 4, M M M O G' H D U] 1 ) g4JUq �OQ U9UGr. H pv rror p H w I P4 0 0 P{ 0 0 U co P� 0 a 0 0 u uJ I E-1 0 1J 5- a A I � U zQ UU FS Q � U u I # H Cn-r1P4 4-1 rd U 1x H Wy I I W H p rd S4 O N i H H N N QD U O F'Z ra C4 r.0 D U n Page 210 of 1128 Pricing Proposal Quotation#: 19027700 Created On: 6/17/2020 Valid Until: 7/17/2020 City of Boynton Beach Inside Account Manager Charles Stevens Shaina Chinchilla 100 E.Boynton Beach Blvd 290 Davidson Avenue Boynton Beach, FL 33435 Somerset,NJ 08873 UNITED STATES Phone:800-543-0432 Phone: (561)742-6079 Fax: 732-868-6055 Fax: Email: Shaina_Chinchilia@shi.com Email: StevensC@bbfl.us AN Prices are in US Dollar(USD) Product Qty Your Price Total 1 APC Smart-UPS X 2000VA Short Depth Tower/Rack Convertible LCD 100-127V with 2 $1,343.66 $2,687.32 Network Card APC by Schneider Electric-Part#:SMX200OLVNC Contract Name:Omnia Partners-IT Solutions Contract#:2018011-02 2 APC Smart-UPS SRT 5000VA RM 208V to 120V 2U Step-Down Transformer 4 $4,267.53 $17,070.12 APC by Schneider Electric-Part#:SRT5KRMXLT-5KTF Contract Name:Omnia Partners-IT Solutions Contract#:2018011-02 Total $19,757.44 Additional Comments Please Note:APC has a zero returns policy. Thank you for choosing SHI International Corp!The pricing offered on this quote proposal is valid through the expiration date listed above.To ensure the best level of service,please provide End User Name,Phone Number,Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware,Software and Services Contracts, please contact an SHI Inside Sales Representative at(888)744-4084.SHI International Corp.is 100%Minority Owned,Woman Owned Business.TAX ID#22-3009648;DUNS#61-1429481;CCR#61-243957G;CAGE 1HTF0 Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. Page 211 of 1128 CITY OF BOYNTON BEACH rU REQUEST FOR PURCHASE OVER $101,000 Date: 06/29/20 Requesting Department: ITS Contact Person: Marty Stevens Explanation for Purchase: APC UPS units for the new City Hall ITS Data Closets. The new City Hall does not have UPS units and is subject to power loss which will cause network loss to city hall and other locations. Recommended Vendor SHI Dollar Amount of Purchase $19,757.44 mm� Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: OMNIA, Public Sector 2018011-02 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: :303-4101-580-64-15 Projects IT2002 IT2004 IT2005 Approvals: Department Head Electronically Approved by John McNally Date 06/29/2020 Purchasing Agent ent Date - Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 212 of 1128 OMNIA Partners I Contracts I shi.com Page 1 of 2 Cooperative Contract available through OMNIA OMNIA Partners, Public Sector P A n T N E n S You can now shop SHI through the nation's largest cooperative purchasing organizations! SKI International Corp.is pleased to partner with OMNIA Partners,Public Sector to provide to Public Sector customers our entire product catalog of IT services and solutions,including hardware,software,cloud,cybersecurity,and accessories.Our primary goal remains our consistent,transparent focus on value,allowing customers to make their IT purchases confidently.Our public sector sales force is divided into two teams:our field team,which includes over 120 regionally-based sales reps who understand the needs of their customers and work collaboratively with them to streamline and improve IT procurement; and our 170+SM SLED telesales reps,who are committed to supporting small-to medium-sized local government and education clients with all their unique IT needs. SKI commits to a process that is customer-centric,offering extraordinary services at the best possible value.We maintain robust,award-winning partnerships with all manufacturers and,in doing so,we ensure our customers get the best products and services,designed specifically for their needs.In fact,our dynamic sales force,software volume licensing experts,hardware procurement specialists,and Certified IT service professionals facilitate not just purchasing,but also strategic evaluation,solutions design,and IT support,always with a specific focus on cost savings for every eligible contract user and every purchase. Ranked in the Top Ten of CRN's Solution Provider$00 List,SKI is the largest Minority and Woman Owned Business Enterprise(MWBE)in the United States.We are confident that we are uniquely positioned to collaborate with OMNIA Partners,Public Sector participants,and we look forward to working with you! Quick Facts Contract Number Product categories include: 2018011-02 • Systems(desktops,laptops,tablets, Network equipment Expiration Date servers) Media supplies February 28,2023 Input devices(keyboards,mice,scanners, Collaboration and IP telephony audio) • Services • Output devices(displays,printers,print And more! accessories, • projectors,consumables) • Memory • Storage OMNIA Partners, Public Sector Participation Information Interested in acquiring our solutions,services and products via OMNIA Partners,Public Sector?No problem!If you aren't already registered with OMNIA Partners,simply visit www.omniapartneTs.com/putAicsector and click"Register"in the top right corner.Once you are registered,you will be able to browse contracts and contact vendors,like SKI,to gel started!Registration is open to all public sector verticals. Related Content OMNIA Partners,public Sector Overview SylW cookies to improve your experience on our website.Some cookies are essential to make our website work.We track website preferences,provide product recommendations,and record Acknowledge' ar9"Y:FJMffiA&h9NN'h,D(sMhAW1119s.To learn more about how we use cookies,see our P WT806 A&V%OMlsed an February 24,2020. https://www.shi.com/CustomerServices/SHIMarketing.aspx?Contentld=95118 of 1128 OMNIA Partners I Contracts shi.com Page 2 of 2 Learn More Contact us today to learn more about purchasing SHI products and solutions through OMNIA Partners, Public Sectorl SHI uses cookies to improve your experience on our website.Some cookies are essential to make our website work.We track website preferences,provide product recommendations,and record Acknowledge anonymized data about your site visit with cookies.To learn more about how we use cookies,see our Privat: StatemeyJ,which we revised on February 24,2020. hgsJ/www.shi.corn/CustomerServices/SHIMarketing.aspx?ContentId=95118 of 1128 e 4,RN ani Cd �NK s-- fl . �mm 10,10 0~k . �t1 tl ,,, ,.�� rt1u�C-mea �... a• SR�4§prytre�06@9%4fiPi CHMa' M 1 I 4 Imi SHIrsFA CAWMCO i9aa T,. :r Ci�afea9DOW1 i99;.Trt,4,e,• r ,�ItlFr $ SHI's ornnia contract hor epage:https://rublic.omn apartrier5,co LsijM, Hers shi oyeryieyy Pricing discount sheet(where 1 pulled the above shot from):htt s: ubfis.o maria ers. r lea Tn nbiic-sector su tiers S,-L'SHI/Contractocuments,2018011/ H. Updated P rid d€ Page 215 of 1128 py r Page 216 of 1128 Page 217 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 201298 P.O. BOX 310 DATE: 06/30/20 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 8847 SHIP TO: TO: CONNECTION City of Boynton Beach 732 MILFORD RD. ITS DEPARTMENT MERRIMACK, NH 03054 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: ••E - DATE NEEDED: CONTRACT NO. COMMISSION APPROVED EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA VIP NUMBER: DCCCF4133B5D5F27921A 0001 . 00 2 1. 00 EA GOVT. VIP STOCK. SMALL, MULTIPLAT 349.3200 349.32 MULTI NA Lang Rnwl ..1 User Lvl 2 12 Md. ths. 10-49 Adobe Vp Govt .. VENDOR I'T'EM NO:. 3658213.1. 3 41 , 00 EA GOVT'. ACROBAT PRO DC. .F'OR TEAM'S 18.7 .4400 7685 . 04 NAMED License Renewal Level .2. ,10 .- 4:9..1.2 Months Adobe-Vip: Govt VENDOR .ITEM NO.:-i:36647287 4 1 , 00 EA G:OVT.: :VIP PHOTOSHOP TEAMS 392.1600 392 . 16 RENEWAL Multiple.: Platforms Level 2 12M Adobe ; .VIP Gov Renewals VENDOR ITEM NO.'- 37922906 5 5 = 00 EA. GOVT. VIP CREATIVE :CLOUD ALL APPS 922 . 9600 4614 . 80 TEAMS: . Renewal. Multiple Platforms Level . 2 12M Adobe VIP Gov. Renewals VENDOR',I'T'EM NO:. - 37.9421.65.: . REMARKS YEARLY ADOBE LICENSE RENEWALS' FOR MULTIPLE DEPTS. INCLUDES ACROBAT, CREATIVE CLOUD, PHOTO STOCK AND PHOTOSHOP: € PROCUREMENT SE � P.O. TOTAL: 13041 .32 RVICES: � f � I � � . as.,. ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 218 of 1128 Page 219 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 201298 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 06/30/20 VENDOR 8847 SHIP TO: TO: CONNECTION City of Boynton Beach 732 MILFORD RD. ITS DEPARTMENT MERRIMACK, NH 03054 3301 QUAN'T'UM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 „...... - REQUISITION NO ORDERING DEPARTMENT: DATE NEEDED: COMMISSION APPROVED: EXTENDED LINE# QUANTI'T'Y UOM ITEM NO. AND DESCRIPTION UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* --------------------------------- - --------_,--------- REQ/ACCT DATE A80. BY PROJECT AMOUNT ------------------------------------ - - _--- - ------- 0000076628 06/25/20 ITS . 00 00115105134917 0000076628 06/25/2:0 ITS 1272 .28 00126105715201 0000076628 06/25/20 ITS 187 .44 00112115124917 0000076628 06/25/20 : ITS 937 .20 00113105125201 0000076628 06{2:;'b/20: ITS 562 .32 00114105135410 0000076628 . 0./25/20' ITS 1672 . 72 0011510513469 . 0000076628 ' 06/2:5,/20 ITS 1874 .40 00116105134< 91, 0000076628 06/25/20 : ITS 562 . 32 00122105224691: :: 0000076628 06/25/20 ITS; :' 187.44 00122115224691 0000076628 06./25/2,0 ITS 562 .32 00124115244691 0000076628 06/25/20: : ITS 1110 .40 17227125724917 0000076628 06/2:5/20 ITS 1874 .40 40128215364691 0000076628 06/25/20 ITS. 1315. 12 00112125194917 0000076628 06/25/20 ITS .' . 922 . 96 15126115794917 PROCUREMENT SERVICES: d P.O. TOTAL: ACCOUNT NO, PROJECT PURCHASING Page 220 of 1128 Page 221 of 1128 l� acs , {ft CITY OF BOYNTON BEACH REQUE ST FOR PURCHASE OVER $10,000 a Date: 06/29/20 Requesting Department: ITS Contact Person: Marty Stevens Explanation for Purchase: Yearly Adobe license renewals for multiple departments. Includes Acorbat Acrobat, Creative Cloud, Photo Stock and Photoshop. Con n ection Dollar Amount of Purchase 13,041.32 Source for Purchase (check and attach backup ): Three written Quotations State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back dte Item rner ency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. :Fund Source for Purchase: e next page Department Head Electronically Approved by John McNally Date06/29/2020 PuL rc sin Agent ..w t Asst iy Manager iy Manager Date Form Reprised 02/01/02 Page 222 of 1128 PAGE 2 Yearly Adobe license renewals for multiple departments. Includes Acorbat Acrobat, Creative Cloud, Photo Stock and Photoshop. Renewal Account# ITS 572.72 00115105134917 Utifities $1,87 4. 401 , 4-0 :Human Resources $1,1374-40 09116105=34-692 :Fire. -562.32 00=0224691 .Fire,I ife&Safety&Fire.Co $187.44 00122113224691 .................. .Development 3^ ULMA-24 12-524459 ir C1 erk-S $337.20 00113105125201 .................... !Finance $562.32 00.114105135410 Rec&Paeks 51,110AD 1722771M724917 Library $2,272.28 001276105715201 C4 Managers Office Mars $92196 00112125194917 'City Managers Office Pubi $922.96 15126113794917 tr 0 jl:Cemar 39 . 6 001123 2519-4691 C!M hi $187.44 00112113123110 ITIDT'al $!3.,041.32 Page 223 of 1128 Moronex, Susan From: Frederiksen, Mara Sent: Tuesday, June 30, 2020 10:22 AM To: Coma, Skender Subject: RE:76628 approved Mara Frederiksen Director,of Financial 1e: ices Financial Services Mailing Address: P,O, Box 310 1 Boynton Beach, FlDrida 33425 Physical Address� 3301 Quanturn Blvd,, Suite 101 1 Boynton Beach, Florida 334,26 561-742-6312 L-iFrederiksenM@bbfl.us boynton-beach,org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Coma, Skender<ComaS@bbfl.us> Sent:Tuesday,June 30, 2020 10:00 AM To: Frederiksen, Mara<FrederiksenM@bbfl.us> Subject: 76628 Thanks! Skender Coma Intern Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 El Physical Address: 3301 Quantum Blvd., Suite 101 I Boynton Beach, Florida 33426 561-742-6308 ComaS@bbfl.us Boynton-beach.org/ Page 224 of 1128 Please be advised that Florida has a broad public records la► and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 2 Page 225 of 1128 B I H Q H U W W W N Y� 6 In rQ W N H f � L'7 H S•1 to CU 1 In n0 N O Cnn�30 Inn L,7,00 mnO W OC w()H a � H OC m3� ID rr� UCx7, � 6Ctl3rrW H PCJ�ro I n O N 0 0 o a O n n 3?i:E . n 3£ H-• n 3 N n 3 n 3 z I ,d C H H H H H Hn O OT N C)0 'O O O N O O :n OOC I H O H H H H N HO 30tj rC 3 t7rrC 3tJCfu �i 3t7 C 3❑3I b n H IP W N m U,[ 3 H N H '3 H W (D H 3 H H' n 3 H £ H $H w O H H H H H z O H£ a ro O H ro O H h7 �.d O H N Id O H N I H H z 0 o H o O H t7 IC AI C t7 IC ro t�I{ m O tJ I{ d IC� I O H to to to Ir [n .. r r n .. ., r Id .. .. a Ls w .. .. r in .. .. .. 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Y z m C Od W y W H hi C9 [ H O O t"m Un z m w r w z (n o H a In m H N b m to y y N N J l0 n � a H I H O H C m W N O y I-' W b Y n C5., H t' m O a O N 'L' Iy m N b 1 Q 4 Q H N O O C O O b b Y Cn Id Ib !O •• o O O H Y H H R7 C t' 0 1 m y m r d m r r m n w .a a 1 ro O m w m W 1 m y z Y Y r w m IP I 6C - H -] N N o O r N O m x w N o o C N o m .a N o I H tS z H N o N o o m l I H tJ I O O I I 'yy I �9 O 3 ww H F3 I ❑ Ul I td I t' 1 H C W W W W C d J a m m I m }tl 1O 1p m N d 7� P N P W ❑ b O IC H 1p N H 1 z1 m O � W ❑ ❑ O I X1 t"1 th w N Ip w o� a y •• •• N O IP N o ff z C J m 3 td r N i m m w I N N i I 1 O O Page 226 of 1128 Page 227 of 1128 0 m i 01 � r 1 1 Z c+ Z F3 r,Cr a LTi Ur N m eP W W W W W W rd'L' ON N (D H m m H In m H Nro H L*❑J H C P+ In O H r-�4 o a O Y H o 0 o a ea H o 0 0 0 o y I I n cn r'(D w G Z SD F n N H Y Y Y N N N I FA f)t Ct n N N N Y Y N N N N N N M H O I I ro n H N O J l!I N N W a iP N N O) wl C." 1 I H Q 2" Y H H N Y N N H H Y N N H z H(D H- 3 N r O O N N N N H Y O O O HI 1 0 H Z')L m O n lt1 Vl N VI 0 0 Ul ITI N IFI N lSl {TI I a z O to (D N(D z" W a N N N H N I I :S :� Li H N A N N W w I I .. .. N'AI W w �P iP N iA �P eP A iP �P IP IP A I? I I Y H (D N m w l4 m l0 !r N Ol O) I I H H 3-' N H H O lO H H lO rs 10 1p iD 19 l0 I I H H ti in � I I � k I I I ODOON 100NH H-A 0w 000 m 0 m0 m CM mM I I n HH HH C N O Di H H Hy O[9H IX N w j'0 O m O m Om I o xxxx-u H>w w w w H mmroro �rororo 3 13 It ',[]�] 'p'T7[+ f,'N M x1 H�d `rd 34 H H H E'I H $H N zPd HMN�$�1-IHM n".3�u 1-1 YmHmHm e 0 r] H r]H m O 13 -1 "10 z3 nHn3 q ne-3'3 Zm'zm"xm13 I Fi H H t7-W H HIzH e-3z Hlz e-3z HIz Hz I i x cncn C�,�Ycncnm dnm m m m my I i m �x�x H'7.z�X T�X Zi bX z z z z 7iz B i b CL]CL] t]T�nC if�CGl JynC Glb m n m m I B z m m m m m H U [d n U U1 n U1 n n n n n I i xd i Z] bJ Un mmmm mmmmm[d I I PJ '� Pd WY I I ti m ro C m H C H (A U] V] U] U] (A N n I 4] ?? p I I 4] m0 H n z n a a y 0 q H O I y y m m B ❑ Z Y B C O C m b m tD C IQ HT, y l a [yy d m H H h] a y k W 10 H H r e ri •• O? H � a z . c no z m 4 kt c Hz y H D H O to ro z � nrob H m m (n n z k o r � e o In m o H m o 0 13 T n C H C m O e N H O H W Id r m d m n ro o m � z 0 o a o 0 o eP N J N J eR �o I O 3 y ar c 3 LIZ, m n H 0 0 0 o a o w eP w eP w w J I t7 Z H 0 0 0 o a O to eP N rP N m m H U7 Z O t7 bi r H C C tai ❑ W I O eC ID W Y H ❑ ❑ O w 1D l0 l0 l0 W Q F' UI Y In m J le ro ,b ',d �P N N N N N ID a Ol Oh J � H H N O I I 70 N W I y w io �a io m m r a .a w w a I I •• N 61 Ol 61 01 0� 01 H I I z I I ❑ a m 3 \ \ I I UI N N I I N N I I O O Page 228 of 1128 Page 229 of 1128 Connection" PUSLt0 SECTOR SOLUTIONS we soil T' SALES QUOTE GovConnection. Inc. Account Executive: Alicia Fravel #25031522.02 732 Milford Road Phone: (800)800-0019 ext.34351 PLEASE REFER TO THE ABOVE Merrimack,NH 03054 Fax: (603)683-0980 QUOTE#WHEN ORDERING Email: alicia.fravel@connection.com Date: 612212020 Valid Through: 7122/2020 Account Manager: Account#: 8896868 Phone: Fax: Email: Customer Contact: Barry Brandenburg Phone: (561)742-6872 Email: brandenburgb@bbfl.us Fax: QUOTE PROVIDED TO: - SHIP TO: AB#: 13900584 ABM 15911348 CITY OF BOYNTON BEACH,FLORIDA CITY OF BOYNTON BEACH PROCUREMENT SE=RVICES DEPT ITS DEPARTMENT X3301 QUANTUM BLVD 3301 QUANTUM BLVD STE 100 PO BOX 310,SUITE 101 BOYNTON BEACH, FL 33426 tBOYNTON BEACH, FL 33426 X561742-6000 (5614742-6411 DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT 5-30 Days AIRIO Destination Small Pkv Ground Service Level .00 lbs NET 30 Important Notice: ---THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale:All purchases from GovConnection,Inc.are subject to the Companys Standard Terms of Sale, which describe important legal rights and obligations. You may review the Companys Standard Terms of Sale on the Company's website:www.govconnection.com,or you may request a copy via fax,e-mail,or mail by calling your account representative.The only exception to this policy is if your order is being placed under any one of our many national,state,educational or cooperative Agreements,in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced ora earini in our Purchase Order are considered null and void. Please refer to our Ounte Number in ynur ode* G ' CCC. 4133E5D5F27B TA i h i Govt.VIP Stock Small MukiPlat Multi NA 1 2 1 36582137 ;65270593BCO2Al2 Lang Rnwl 1 User Lvl 2 12 Months 10-49 ;Adobe-Vjp Govt $ 349.32 ' $ 349.32 Adobe-Vip Govt I---- ,, -_. Govt.Acrobat Pro DC for teams Named License Renewal Level 2 10-49 12 41 36647287 65297930BG02Al2 Adobe-Vip Govt $ 187.44 $ b4 5,(,> Months Adobe Vi i Govt "Govt.VIP PhotoShop Teams Renewal Adobe-VIP Gov E 5 4 1 37922906 165304041BCO2Al2 Multiple Platforms Level 2 12M S $ 392.16 $ 392.16 Renewals Adobe V!P Gov Renewals ...... ....;,.. r-—-----------— .. --— �. i Govt.VIP Creative Cloud All Apps Teams Adobe-VIP Gov I ' i 5 5 37942165 65304042BG02Al2 IRenewal Multiple Platforms Level 2 12M Renewals $ 922.96 $ 4,614.80 i ,Adobe-VIP Gov Renewals ........................................................................... ..-. Subtotal $ 13,041.32 Fee $ 0.00 7 �._... 6hi.....in and------ ---- . ----- Handling, $ 0.00 1 Handlm� Tax Exempt! Total $ 13,041.32 Page 2 of 2 Page 236101 128 Connection- PUBLIC SECTOR SOLUTiONS we s IT- ORDERING INFORMATION, GovConnection,Inc. DBA Connection Please contact your account manager with any questions. Ordering Address Remittance Address GovConnection,Inc. GovConnection,Inc. 732 Milford Road Box 536477 Merrimack,NH 03054 Pittsburgh,PA 15253-5906 Please reference the Contract#on all purchase orders. TERMS&CONDITIONS Payment Terms: NET 30(subject to approved credit) FOB Point: DESTINATION(within Continental US) Maximum Order Limitation: NONE FEIN: 52-1837891 DUNS Number: 80-967-8782 CEC: 80-068888K Cage Code: OGTJ3 Business Size: LARGE Erate Spin Number: 143026005 WARRANT':Manufacturer's Standard commercial Warranty NOTE: It is the end user's responsibility to review,understand and agree to the terms of any End User License Agreement(EULA}. Important Notice: ---THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale:All purchases from GovConnection,Inc.are subject to the Company's Standard Terms of Sale,which describe important legal rights and obligations.You may review the Company's Standard Terms of Sale on the Company's website:www.govconnection.com or you may request a copy via fax,a-mail,or,mail by Calling your account representative.The only exception to this policy is if yourorder is being placed under any one of our many national, state,educational or cooperative Agreements,in which case the Terms and Conditions of your Purchase Order are already pre- negotiated and stated in that Agreement.No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void.Please refer to our Quote Number in your order. if you require a hard copy invoice for your credit card order,please vi sit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:lL&�gmj,vTv.}+, sr.aa€r .-rtiiare.czrra'ufvrclrlSkrc�:a:wirta„fFras:"SFFrarcr vr.mhtrtt Please forward your Contract or Purchase Order to: QUESTIONS: Call 800-800-0019 FAX: 603.683.0374 Page 231 of 1128 N Y * m M LO v �i MA F Q e 0 r y N 0 YCp% Cc N N 0 C , J a`r LO a CCL. U O d M E E N H F � R � L W O v � C1 4 U CV w _ N 2 J tR> R U � O. c N N CDC O CO 6% r CD O N o � r P .'G r R 'a LO cc I'S � d R N C cd m 0 — CJ -C) � � N N R J On iA G C C � w C CiR J V da ~ s r1 L R 2 E y N v' E R E U co Q a V7 0 °r a a � o o� cs a m v Ln z � N a ul� o ' or a t° 9� [q Page 232 of 1128 Z;5 % § m � ® ' R § § ■g � k § � ) d f � - k k 0 2 " 2 0 § 0 ® ) 0M@ 3 2 § � 5 2 cc _ 00 2 L) k CL a k § a M. § § § J0 § G � § E ® § ® bc E % f0 2 $ 2 92 0 0 _e CL C-4 � kCq c "t � CD .0 -00 � B TT � ■ to m _ ■ _� cu.0 $ � 5� & .0 � 2 2 & Q E § �2 _ _j 2 § k � § � co � 0 Je � a § ■� Cu k � 2� B � � CL 0 C CU CL § � ' m e _ $ ■ � 2 2 � % 22 0 0 - 2 « . � cm � m � / C-4 S % , k � � CU # ) ) E k f > m co E \ % / / J § 4 U co p A § Page 233 0 1128 E LO 2 0 LOk $ _ \ C4 \ /] § 4 f § F 2 CL I ; o m \ ; 2 2 Q \ ■ s - & $ \ �/ 2 Com | E -6� _ � a to \ 0 CL E § 2 ° / k � o 0 $ \ § OU CN A � & 7 - ci C4R = \ -J \ ; _ £ \ � 2 \ \ � 7 r C E ° n 2 - � a � 0 � � \ § k _ 7 « k � Cto � c � \ IX ci 0E k jf #� R ; J . k XW - 2 fLE - _ _ C: 5 § - & to � {« EA o /\ \ \ \ m CD 2 - �jL 0 § f \ °\ ) % 2 \ { & | 2 a 3 kwm § § u ; E2 / 2 2 - k Lu ) 0 ( f \ > Fv > 7 \ /\ k{ C-4 _ ± ( ) ( Cl LU 9m E m N ■ . ( 0 - =N � LU 7 ) \ kq �/ Q ■ § * �k § ? � \ I . /f L , = _ k 2 ; 2 § ) dkj S / § § /t � # - - in ° I \ ° » | E ) \ § � � ) f ( ƒ k - / \ \ 0 co E (02 ' ® (. k Page 234 0 1128 i 1t r a 4 r> IN u Li d 00 w ui VD j� cy IL D- �® € V u IL in L 1 0 LA a ,`u €': 4 '+ C42 E V2 LA P EVA w QJ V r`�34 lJ Yrya gg�aJ °° ,q/CL may k, �Ou $°,p LJ xi Erlr-r L9 r? ie �«1t " ro �"Ln t I s� �a N en uy r f F e 13..x" ; n ,i tmip ota i It U " ros y ri! M «.I ,®V" C a W LCI° In T� ° C Cq� a 1 i- p\ ate & ra LL 695 1 �+ �a u LJ l7 ru CL � E tf Page 235 of 1128 6.B. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY19/20. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. Report covers April 1, 2020 through June 30, 2020. How will this affect city programs or services? None Fiscal Impact: Alternatives: Do not accept the report. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment SCM 3rd 02uarter Report FY19/20 Page 236 of 1128 Schoolhouse Children's IJ Quarterly Report FY '19/'20 3 d Quarter General Operations The Museum was closed for the majority ofthe 3,d C}uarterduetoC[>V|D-19. Museum doors reopened on June 22nd with a strict limitation on the number of guests allowed in the Museum at any given time and reservations required. Two play sessions were instituted with an hour and a half closure inbetween for cleaning and sanitizing. The Museum iscurrently operating atupto25Y6 capacity and masks are required for all guest age 2 and up, per County mandate. Typically, summer isthe busiest time ofyear atthe Museum. Given the pandemic and concern for the safety of Museum guests and staff, restrictions on the number of guests allowed in the Museum will continue. Revenue Because of the closure income was significantly lower. Gross Revenue for the third quarter of ~19/'ZOwas 45.9Y6lower than the same period the previous year. Excluding the City's support, income from operations, including fundraising for FY ~1g/ ZO—{}3was $71,563.25vs. $132,198.44 in FY ~18/ 19— {}3. Note: The Museum was able to secure some Payroll Protection Plan (PPP) funds in May. These funds are considered a loan until they are forgiven and will then become income. The application for forgiveness is in process. Expenses Overall Expenses for the third quarter of~19/'2Owere lower by 5.7%when compared to the same period last year. Expenses for FY ~19/'ZO— {}3were $113,779.48vs. $134,156.12inFY ~18/'19—C}3. Programming Given the closure, there was no in person programming, however, two sessions of Story Time and one session each ofScience and Yoga Fun were live streamed weekly. |naddition, onMonday and Fridays, "Museum Fun at Horne" was posted on Faoebook providing activities for families to do together. In person programming has not yet begun, however, will do so on a limited basis beginning in August. Respectfully submitted, Executive Director Page 237Of1128 6.C. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Approve and authorize the issuance of a purchase order in the amount of$16,900 to TranSystems Corporation by utilizing the Florida Department of Transportation (FDOT) Contract#C-A548 for a total expenditure of$45,800. The FDOT contract satisfies the City's procurement requirements. Explanation of Request: On March 16, 2020 the City issued a purchase order#200960 to Transystems Corporation Consultants in the amount of$28,900 for the lifecycle analysis of the Mission Hill and SW 22nd Way bridges (see attachment 1). This purchase order was issued based on the piggyback of the Florida Department of Transportation (FDOT) Contract#C-A548 (see attachment 2). On June 15, 2020 the Florida Department of Economic Opportunity opened the Rebuild Florida General Infrastructure Program Grant. One of the purposes of this grant is to increase community resilience by strengthening bridges. Staff is seeking assistance with the technical portion of the grant to apply for$1,000,000 dollars to fund the replacement of the existing bridge. Staff requests approval to spend an additional $16,900 with Transystems Corporation Consultants to determine the means, methods, and costs of replacing the SW 22nd Way bridge (see attachment 3). How will this affect city programs or services? Ongoing maintenance and replacement of infrastructure is critical in maintaining access to public and private property. Fiscal Impact: Budgeted Funding for this project will be provided though surtax funds. Alternatives: Do not utilize TranSystems Corporation to perform analysis that is needed to apply for grant. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 238 of 1128 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment 1 - Updated PO 200960 D Attachment Attachment 2 - Contract C-A548 D Attachment Attachment 3- Grant Assistance Proposal D Attachment Attachment 4- 22nd Way Bridge Location Page 239 of 1128 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 200960 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 03/16/20 VENDOR 18101 ��'�"""" SHIP TO: TO: TRANSYSTEMS CORP CONSULTANTS d/b/a 04/22/20 City of Boynton Beach TRANSYSTEMS CORPORATION t PUBLIC WORKS DEPARTMENT 2400 PERSHING RD, STE 400 222 N.E. 9TH AVENUE KANSAS CITY, MO 64108 BOYNTON BEACH, FL 33435 REQUISITION NO. 75983 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD ® • ® ®r DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: r EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 14450 .00 DL BRIDGE NO 935305 - MISSION HILL 1 . 0000 14450 . 00 OVER CANEL E 4 PIGGYBACKING FDOT CONTRACT #C-A548 2 14450 .00 DL BRIDGE NO 935306-5W 22 WAY OVER 1 . 0000 14450 . 00 LAKE IDA CANAL. . REMARKS: ' . LIFECYCLE PLAN FOR:'BRIDGES-MISSIN .HILL & SW 22 WAY PIGGYBACKING PDOT .CONTRACT 4C-A548 tcepted r TranSystems Corporation d/b/a te s Corporation Consultants KI vens, PE Title: Sr. Vice President Date: 04/22/2020 PROCUREMENT SERVICES: I.. 4y ! 1 p P.O. TOTAL: 28900 .00 FLORIDA STATE SALES TAX EXEMPTION IMPORTANT INSTRUCTIONS 1RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. 85-8012621544C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES MAIL INVOICES TO: CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 BOYNTON BEACH, L 33425-0310 3JNVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. ORIGINAL Page 240 of 1128 CITY OF BOYNTON BEACH GENERAL TERMS AND CONDITIONS Tax Exemption: The City is tax exempt, ID#85-8012621544C-0 Public Records(cant.) Acceptance of Contract: C.Ensure that public records that are exempt or that are confidential and This order is the City's offer to purchase the goods and/or services exempt from public record disclosure requirements are not disclosed described on the reverse side from the Vendor.The City's placement of this except as authorized by law for the duration of the contract term and, order isv „ - following completion of the contract,Vendor shall destroy all copies of such t-r�, c , confidential and exempt records remaining in its possession once the � _erdra In accordance with FDO a��Cfttrac Amen d d ents: � Vendor transfers the records in its possession to the CITY;and u,u,, # (-,""'��r.. � ttotodify 04/22/20 D. Upon. completion of the contract,Vendor shall transfer to the CITY,at t • no cost to the CITY,all public records in Vendor's possession All records No agreement or understanding this contract shall be binding stored electronically by Vendor must be provided to the CITY,upon request upon the City unless in writing and signed by the City's authorized agent. from the CITY's custodian of public records, in a format that is compatible All specifications, drawings, and data submitted to the Vendor with this with the information technology systems of the CITY. order are hereby incorporated and made a part hereof. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO Compliance with Laws: PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, The Vendor certifies that in performing this contract,they will comply with all CONTACT THE CUSTODIAN OF PUBLIC RECORDS: applicable provisions of the federal, state and local laws, regulations,rules and orders. CRYSTAL GISON,CITY CLERK 3301 QUANTUM BLVD.,SUITE 101 Delivery: BOYNTON BEACH,FLORIDA,33426 All prices must be F.O.B. destination. Time is of the essence on this 561-742-6061 contract. If completed deliveries are not made at the time agreed,the City GIBSONC a@BBFL.US reserves the right to cancel or purchase elsewhere and to hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise the Risk of Loss: City, in writing of the earliest possible shipping date for acceptance by the Vendor agrees to bear all risk of loss, injury, or destruction of goods and City. materials ordered herein which may for any reason occur prior to acceptance by the City. No such loss, injury or destruction shall release Inspection: Vendor from any obligations hereunder. Goods and Material must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at Scrutinized Companies-287.135 and 215.473: the time of the delivery,the goods shall be returned at no cost to the City. Vendor certifies that Vendor is not participating in a boycott of Israel. The City reserves the right to inspect the goods at a reasonable time Vendor further certifies that Vendor is not on the Scrutinized Companies subsequent to delivery where circumstances or conditions prevent effective that Boycott Israel list, not on the Scrutinized Companies with Activities in inspection of the goods at the time of delivery. Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business LawsGoverning: operations in Syria. Subject to limited exceptions provided in state law, the This contract shall be governed by and construed according to the laws of City will not contract for the provision of goods or services with any the State of Florida.Venue for any action related to this Agreement shall be scrutinized company referred to above.Submitting a false certification shall in the Circuit Court for the 18th Judicial Circuit, Palm Beach County, be deemed a material breach of contract. The City shall provide notice, in Florida. writing, to Vendor of the City's determination concerning the false certification.Vendor shall have five(5)days from receipt of notice to refute Material Safety DataSheets: the false certification allegation. If such false certification is discovered Proper Material Safety Data Sheets, in compliance with OSHA's Hazard during the active contract term, Vendor shall have ninety (90) days Communications Standard, must be provided by the Vendor to the City at following receipt of the notice to respond in writing and demonstrate that the time of purchase or delivery. the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was Patents and Copyrights: made in error then the City shall have the right to terminate the contract If an article sold and delivered to the City hereunder shall be protected by and seek civil remedies pursuant to Section 287.135, Florida Statutes, as any applicable patent or copyright, the Vendor agrees to indemnify and amended from time to time. save harmless the City from and against any and all suits, claims, judgments, and costs instituted or recovered against it by any person Uniform Commercial Code: whomsoever on account of the use or sale of such articles by the City in All applicable portions of the Florida Uniform Commercial Code shall violation or right under such patent or copyright. govern this contract with the City Payment: arrant 04/22/20 Y Y� LCpILC�aCf1j,.�a All invoices shall be addressed to the ordering department,City of Boynton The Vendor vada is to the City tat all goods and services furnished Beach, P.O. Box 310, Boynton Beach, FL 33425-0310 as indicated on the hereunder will conform in all respects to the terms of this order, including front of this Purchase Order and must include Vendor's name and phone any drawings, specifications or standards incorporated herein, and/or number,and clearly list quantities,item descriptions and units of measure. defects in materials,workmanship,and free from such defects in design.In addition, Vendor warrants that the goods and services are suitable for and PublicRecords: will perform in accordance with the purposes for which they were intended. The City of Boynton Beach is public agency subject to Chapter 119,Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Termination: Specifically,the Vendor shall: Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy,terminate A. Keep and maintain public records required by the CITY to perform the this Agreement for City's convenience.Where the Agreement is terminated service; for the convenience of City, the notice of termination to Contractor must B. Upon request from the CITY's custodian of public records, provide the state that the Agreement is being terminated for the convenience of the CITY with a copy of the requested records or allow the records to be City under this termination clause,the effective date of the termination,and inspected or copied within a reasonable time at a cost that does not the extent of termination.Contractor shall be paid for the services up to and exceed the cast provided in chapter 119, Fla. Stat. or as otherwise including the effective date of the termination.This shall mean payment for provided by law; all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. Page 241 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 --.,.jA DEPARTMENT OF TRANSPORTATION PROCUREMENT STANDARD PROFESSIONAL SERVICES AGREEMENT OGC-06/18 Page 1 of 2 Contract No.: C-A548 District: Turnpike FDOT Financial ID No.(s) 192357-1-72-01 Appropriation Bill Number(s)/Line Item Number(s)for 1st year of contract, pursuant to s. 216.313, F.S. (required for contracts in excess of$5 million) F.A.P. No. n/a 8/22/2019 1 10:07 AM EDT THIS AGREEMENT, made and entered into on , by and between the (This date to be entered by DOT only) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department and TranSystems Corporation d/b/a TranSystems Corporation Consultants 3230 West Commercial Blvd., Suite 450 Fort Lauderdale, (FEID No. F430839725 )of FL 33309 authorized to conduct business in the State of Florida, hereinafter called the Consultant, agree as follows: The Consultant and the Department mutually agree to abide by the Department's Standard Professional Services Agreement, Terms, dated June,2018 which are available as an appendix to this form in the Department's Professional Services web site or from the Department's Office of Procurement. The Standard Professional Services Agreement Terms, with the exception of the following non-applicable sections: There are no non-applicable sections. are incorporated by reference and made a part of this Agreement. 1. SERVICES AND PERFORMANCE A. The Department does hereby retain the Consultant to furnish certain services as described in Exhibit"A", attached hereto and made a part hereof, in connection with Consultant Structure Inspection Program (South System) B. Unless changed by written agreement, the site for inspection of work referenced in Section 1.1 of the Standard Professional Services Terms, will be 3230 West Commercial Blvd., Suite 450 Fort Lauderdale, FL 33309. 2. TERM A. Unless otherwise provided herein or by Supplemental Agreement or Amendment, the provisions of this Agreement will remain in full force and effect through completion of all services required of the Consultant or a 10 year term from the date of execution of this Agreement, whichever occurs first. B. Check applicable terms ® The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's Director of Transportation Operations which notice to proceed will become part of this Agreement. The Consultant will complete scheduled project services within 48 months of the commencement date specified in the notice to proceed or as modified by subsequent Amendment or Supplemental Agreement. ❑ The project services to be rendered by the Consultant for each task assignment will commence, upon written notice from the Department's and will be completed within the time period specified in each task assignment.All services performed under this contract will be completed within months from the date of this Agreement. The total fee for all accumulated task assignments may not exceed $ ❑ The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's which notice to proceed will become part of this Agreement. The Consultant will complete scheduled project services within calendar days following completion of the construction contract(s)with which consultant services are associated. The anticipated length of the consultant services is Pmjat242 Of 1 128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 --.,.jA DEPARTMENT OF TRANSPORTATION PROCUREMENT STANDARD PROFESSIONAL SERVICES AGREEMENT OGC-06/18 Page 2 of 2 3. INSURANCE The amount of liability insurance to be maintained by the Consultant in accordance with Section 4.13 of the Standard Professional Services Agreement Terms is $250,000.00. 4. SUBCONTRACTS The following subconsultants are authorized under this Agreement in accordance with Section 7.A. of the Standard Professional Services Agreement Terms: Marlin Engineering, Inc.; D.Peryea &Co., LLC; MOTplans.COM, LLC 5. COMPENSATION The Department agrees to pay the Consultant compensation as detailed in Exhibit "B", attached hereto and made a part hereof. 6. MISCELLANEOUS A. Reference in this Agreement to Director will mean the Director of Transportation Operations. B. The services provided herein ❑ do ® do not involve the expenditure of federal funds. In the event federal funds are involved, Section 9 of the Standard Professional Services Agreement Terms is incorporated by reference. C. The following attachments are hereby incorporated into this Agreement as part hereof as though fully set forth herein. Page A-1 through Page A-22 : Exhibit"A", Scope of Services Page B-1 through Page BB=5 : Exhibit"B", Method of Compensation Attachment Al, Attachment A2, Attachment A3, Attachement A4, and Attachment A5 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. TranSystems Corporation d/b/a TranSystems Corporation STATE OF FLORIDA Consultants DEPARTMENT OF TRANSPORTATION Name of Consultant DocuSigned by: DocuSigned by: BY: ��ladrt �S BY: [-� Cb(„A. �,'eyi AuWYZAY RUture C63BC968813137410._. G. ALan Klevens Nicola Liguori (Print/Type) (Print/Type) Title: Sr. vice President, Principal Title: Executive Director and CEO, Turnpike Enterprise FOR DEPARTMENT USE ONLY APPROVED: LEGAL REVIEW DocuSigned by: QrpF?JqqgpseI ocuSigned by: &A4 �:�C4 t r i&aalZervices Unit Office "Author �i rw �eceive l f�o�� tie Office of the 6 �:m �r e�F s to Avwl�� / ewcis,. lewwtwl Page 243 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page Al of 11 STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS June, 2018 1. SERVICES AND PERFORMANCE A. Before making any additions or deletions to the work described in the Agreement, and before undertaking any changes or revisions to such work, the parties will negotiate any necessary cost changes and will enter into a Supplemental Agreement covering such work and compensation. Reference herein to the Agreement will be considered to include any Supplemental Agreement. B. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing its services and will have due regard for acceptable engineering standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. C. The Consultant agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of work being done by the Consultant and of the details thereof. Coordination will be maintained by the Consultant with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to the Agreement may request and be granted a conference. D. All services will be performed by the Consultant to the satisfaction of the Director who will decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of the Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof; and the decision upon all claims, questions and disputes will be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses will be subject to mutual agreement of the parties, and Supplemental Agreement(s)of such a nature as required will be entered into by the parties in accordance herewith. In the event that the Consultant and the Department are not able to reach an agreement as to the amount of compensation to be paid to the Consultant for supplemental work desired by the Department, the Consultant will be obligated to proceed with the supplemental work in a timely manner for the amount determined by the Department to be reasonable. In such event, the Consultant will have the right to file a claim with the Department for such additional amounts as the consultant deems reasonable; however, in no event will the filing of the claim or the resolution or litigation thereof through administrative procedures or the courts relieve the Consultant from the obligation to timely perform the supplemental work. E. In the event the work covered by this Agreement includes the preparation of construction plans, it is understood that the work may be divided into two or more construction projects by the Director and that, if this is done, the Consultant will supply construction plans for each project. F. The Consultant is authorized to use the Department's computer facilities utilizing Department programs required for the performance of the services herein. The Consultant will identify the programs required and submit a written request to the Department's Project Manager for approval. G. All design work performed by the Consultant for projects where anticipated construction cost is one million dollars ($1,000,000)or more will be subject to Value Engineering. The Department further reserves the right to subject projects of lesser construction cost to Value Engineering should the Department deem circumstances are present that warrant such a decision. Value Engineering may be performed at any stage of the design process. Unless specifically identified in the Agreement, the Consultant will not be required to perform the Value Engineering analysis. H. The Consultant will not be liable for use by the Department of plans, documents, studies or other data for any purpose other than intended by the terms of this Consultant Agreement. I. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be Page 244 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A2 of 11 considered works made for hire and will become the property of the Department upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Department will have the right to visit the site for inspection of the work and the products of the Consultant at any time. 2. TERM: A. Services required after completion of scheduled project services, including, but not limited to, design assistance, construction assistance, and litigation assistance, will be completed within the term of this Agreement at written direction of the department. Supplemental Agreements may be negotiated for any post project schedule services needed by the Department after scheduled project services. In the event it becomes impracticable or impossible for the Consultant to complete the expected services within the term of this Agreement due to delays on the part of the department or circumstances beyond the control of the Consultant, the Agreement may be extended. An extension of the Agreement must be in writing. B. In the event there are delays caused by the Department in approval of any of the materials submitted by the Consultant or if there are delays occasioned by circumstances beyond the control and without fault or negligence of the Consultant which delay the scheduled project completion date, the Department may grant an extension of time equal to the aforementioned project schedule delay, as a minimum and not to exceed the Agreement term, by issuance of a Time Extension Letter. This letter will be for time only and does not include any additional compensation. It will be the responsibility of the Consultant to ensure at all times that sufficient time remains in the Project Schedule within which to complete the services on the project. In the event there have been delays which would affect the project completion date, the Consultant will submit a written request to the Department which identifies the reason(s)for the delay, the amount of time related to each reason and specific indication as to whether or not the delays were concurrent with one another. The Department will review the request and make a determination as to granting all or part of the requested extension. In the event time for performance of the scheduled project services expires and the Consultant has not requested, or if the Department has denied, an extension of the Project Schedule completion date; partial progress payments will be stopped on the date time expires. No payment shall be made for work performed after the Project Schedule completion date until a time extension is granted or all work has been completed and accepted by the Department if the Agreement term has not expired. 3. COMPENSATION: A. Bills for fees or other compensation for services or expenses will be submitted to the Department in detail sufficient for a proper preaudit and postaudit thereof. The Department will render approval or disapproval of services within five working days of the receipt of a written progress report unless otherwise stated in the Agreement. The progress report will be accompanied by an appropriate invoice. B. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project Manager, will be submitted in accordance with Section 112.061, Florida Statutes. In addition, if compensation for travel is authorized under this Agreement and by the Department's Project Manager, then the Department shall not compensate the Consultant for lodging/hotel expenses in excess of$150.00 per day (excluding taxes and fees). The Consultant may expend their own funds to the extent the lodging/hotel expense exceeds $150.00 per day. The Department, in its sole discretion and pursuant to its internal policies and procedures, may approve compensation to the Consultant for lodging/hotel expenses in excess of $150.00 per day. C. Records of costs incurred under terms of this Agreement will be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records will be furnished to the Department upon request. Page 245 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A3 of 11 D. Records of costs incurred will include the Consultant's general accounting records and the project records, together with supporting documents and records, of the Consultant and all subconsultants performing work on the project, and all other records of the Consultant and subconsultants considered necessary by the Department for a proper audit of project costs. E. The general cost principles and procedures for the negotiation and administration, and the determination or allowance of costs under this Agreement will be as set forth in the Code of Federal Regulations, Titles 23, 48, 49, Rule Chapter 14-75, Florida Administrative Code, and other pertinent Federal and State Regulations, as applicable, with the understanding that there is no conflict between State regulations and Federal regulations in that the more restrictive of the applicable regulations will govern. F. The Consultant should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. G. If a payment is not available within 40 days, a separate interest penalty at a rate established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the Consultant. Interest penalties of less than one dollar will not be paid unless the Consultant requests payment. Invoices which have to be returned to a Consultant because of Consultant preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. H. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850)413-5516. I. Except for issues arising from contract indemnification provisions, the Department will have the right to retain out of any payment due the Consultant under this Agreement an amount sufficient to satisfy any amount due and owing to the Department by the Consultant on any other Agreement between the Consultant and the Department. The Department may withhold payment on any invoice in the event that the Consultant is in default under any provision of this Agreement or any other Agreement between the Consultant and the Department as of the time of processing the invoice or as of the time payment is made available on the invoice. This right to withhold will continue until such time as the default has been cured, and, upon cure, the Department will have the right to retain an amount equal to the damages suffered as a result of the default. J. It is mutually agreed and understood that the following provision will be applicable to this Agreement if the compensation to be paid to the Consultant, whether by lump sum or cost-plus-a-fixed-fee, will exceed the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR. The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs provided the Department to support the compensation are accurate, complete and current as of the date of this Agreement. It is further agreed that the Agreement price will be adjusted to exclude any significant sums by which the Department determines the Agreement price was increased due to inaccurate, incomplete or non- current wage rates and other factual unit costs. All such Agreement adjustments must be made within one year following the end of the Agreement. For this purpose, the end of the Agreement is the date of final billing or acceptance of the work by the Department, whichever is later. K. The Department, during any fiscal year, will not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department will require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained will prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Page 246 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A4 of 11 4. INDEMNITY AND INSURANCE: A. If the Consultant is an individual or entity licensed by the state of Florida who holds a current certificate of registration under Chapter 481, Florida Statutes, to practice architecture or landscape architecture, under Chapter 472, Florida Statutes, to practice land surveying and mapping, or under Chapter 471, Florida Statutes, to practice engineering, and who enters into a written agreement with the Department relating to the planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development or improvement, the Consultant will indemnify and hold harmless the Department, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the contract. The parties agree that 1% of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the Department to the Consultant for the Consultant's indemnity agreement. B. The Consultant will have and maintain during the term of this Agreement, a professional liability insurance policy or policies, or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this Agreement in the amount specified in the Agreement. C. Under the terms of this agreement, the plans, reports and recommendations of the Consultant will be reviewed by the Department for conformity with Department standards and agreement terms. However, review by the Department does not constitute detailed review or checking of design components and related details, or the accuracy with which designs are depicted on the plans. D. Acceptance of the work by the Department or Agreement termination does not constitute Department approval and will not relieve the Consultant of the responsibility for subsequent corrections of any errors and/or omissions and the clarification of any ambiguities. The Consultant shall make all necessary revisions or corrections resulting from errors and/or omissions on the part of the Consultant without additional compensation. If these errors and/or omissions are discovered during the construction of the project, they shall be corrected without additional compensation. 5. COMPLIANCE WITH LAWS: A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear the professional's seal/signature, in accordance with the applicable Florida Statute that governs and Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Agreement. In the event that changes in the Statute or Rules create a conflict with the requirements of the published guidelines, requirements of the Statute and/or Rules shall take precedence. B. Chapter 337.162 Florida Statutes applies as follows: (1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it will submit a complaint about the violations to the Department of Business and Professional Regulation. The complaint will be confidential. (2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules will submit a complaint about the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint will be confidential. (3) Any confidential information submitted to the Department of Business and Professional Regulation will remain confidential pursuant to Chapter 455 and applicable state law. Page 247 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A5 of 11 C. The Consultant will comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement. D. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. It is understood and agreed that the term"fee"shall also include brokerage fee, however denoted. For the breach or violation of this Paragraph, the Department shall have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. E. The Consultant shall comply with Chapter 119, Florida Statutes. Specifically, the Consultant shall: (1) Keep and maintain public records required by the Department to perform the service. (2) Upon request from the Department's custodian of public records, provide the Department 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. (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 Agreement term and following completion of the Agreement if the Consultant does not transfer the records to the Department. (4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Consultant or keep and maintain public records required by the Department to perform the service. If the Consultant transfers all public records to the Department upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. Failure by the Consultant to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by the Department. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Turnpike 407-264-3171 TPprcustod ian@dot.state.fl.us Turnpike Enterprise Chief Counsel Florida Turnpike - Office of General Counsel Turnpike Mile Post 263, Bldg. 5315 Ocoee, FL 34761 Page 248 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A6 of 11 F. The Consultant agrees that it will make no statements, press releases or publicity releases concerning this Agreement 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 this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the Department and securing its consent in writing. The Consultant also agrees that it will not publish, copyright or patent any of the data developed under this Agreement, it being understood that such data or information is the property of the Department. G. Consultant covenants and agrees that it and its employees will be bound by the standards of conduct provided in applicable Florida Statutes and applicable rules of the Department of Business and Professional Regulation as they relate to work performed under this Agreement. Consultant further covenants and agrees that when a former state employee is employed by the Consultant, the Consultant will require that strict adherence by the former state employee to Florida Statutes 112.313(9) and 112.3185 is a condition of employment of said former state employee. These statutes will by reference be made a part of this Agreement as though set forth in full. Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement. H. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and 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 36 months from the date of being placed on the convicted vendor list. I. The Department will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of this Agreement, by the Department, if the Consultant knowingly employs unauthorized aliens. J. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. K. The Consultant agrees to comply with the Title VI Nondiscrimination Contract Provisions, Appendices A and E, available at http://www.dot.state.fl.us/procurement/index.shtm, incorporated herein by reference and made a part of this Agreement. L. The contractor/consultant/vendor agrees to comply with section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with section 20.055(5), Florida Statutes. 6. TERMINATION AND DEFAULT A. The Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination, as follows: (1) If the Department determines that the performance of the Consultant is not satisfactory, the Department may notify the Consultant of the deficiency with the requirement that the deficiency be corrected within a specified time; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time orthirty(30)days whichever is sooner. (2) If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Consultant, the Department will notify the Consultant of such termination, with instructions as to the effective date of work stoppage or specify the stage of work at which the Agreement is to be terminated. Page 249 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A7 of 11 (3) If the Agreement is terminated before performance is completed, the Consultant will be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs, not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. B. The Department reserves the right to cancel and terminate this Agreement in the event the Consultant or any employee or agent of the Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over to the Department . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction. C. A Consultant is ineligible to enter into a contract with the Department for goods or services of any amount if, at the time of entering into such contract, the Consultant is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135, Florida Statutes, also prohibits companies from entering into a contract for goods or services of$1 million or more that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes. If the Department determines the Consultant submitted a false certification under Section 287.135 of the Florida Statutes, the Department shall either terminate the Contract after it has given the Consultant notice and an opportunity to demonstrate the Department's determination of false certification was in error pursuant to Section 287.135 of the Florida Statutes, or maintain the Contract if the conditions of Section 287.135 of the Florida Statutes are met. 7. ASSIGNMENT AND SUBCONTRACTORS A. The Consultant will maintain an adequate and competent professional staff so as to enable Consultant to timely perform under this Agreement and must be authorized to do business within the State of Florida and may associate with it such subconsultants, for the purpose of its services hereunder, without additional cost to the Department, other than those costs negotiated within the limits and terms of this Agreement. The Consultant is fully responsible for satisfactory completion of all subcontracted work. The Consultant, however, will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department. B. The Consultant must state in all subcontracts that services performed by any such subconsultant will be subject to the Professional Consultant Work Performance Evaluation System as defined in Chapter 14-75, Florida Administrative Code. C. The following provision is hereby incorporated in and made a part of this Agreement when the services provided herein do not involve the expenditure of Federal funds: It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract will be purchased from the Corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract will be deemed to be substituted for this agency insofar as dealings with such Corporation. The Corporation referred to in the above paragraph is Prison Rehabilitative Industries and Diversified Enterprises, Inc. Available pricing, products, and delivery schedules may be obtained by contacting: PRIDE Enterprises 12425 28th Street North Suite 300 St Petersburg, Florida 33716 Page 250 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A8 of 11 8. MISCELLANEOUS A. All words used herein in the singular form will extend to and include the plural. All words used in the plural form will extend to and include the singular. All words used in any gender will extend to and include all genders. B. In the event that a court of valid jurisdiction finally determines that any provision of this Agreement is illegal or unenforceable, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. C. There are no understandings or agreements except as herein expressly stated. D. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. E. In any legal action related to this Agreement, instituted by either party, Consultant hereby waives any and all privileges and rights it may have under chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in any county chosen by the Department and in the event that any such legal action is filed by Consultant, Consultant hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same. F. Consultant: 1. 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 Consultant during the term of the contract; and 2. 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. G. The Department may grant the Consultant's employees or subconsultants access to the Department's secure networks as part of the project. In the event such employees' or subconsultants' participation in the project is terminated or will be terminated, the Consultant shall notify the Department's project manager no later than the employees' or subconsultants' separation date from participation in the project or immediately upon the Consultant acquiring knowledge of such termination of employees' or subconsultants' participation in the project, whichever occurs later. 9. TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I): The following terms apply to all contracts in which it is indicated in Section 6.13 of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: During the performance of this contract, the Consultant, for itself, its assignees and successors in interest agrees as follows: A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT")Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the Page 251 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A9 of 11 selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or familystatus. F. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administrations appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, (1) withholding of payments to the Consultant under the contract until the Consultant complies and/or (2) cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); age ' of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A10 of 11 Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s)described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. O. The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to (1) employ or retain, or agree to employ or retain, any firm or person,or (2) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. P. The Consultant hereby certifies that it has not: (1) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor)to solicit or secure this contract; Page 253 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 375-030-12 PROCUREMENT OGC—06/18 Page A11 of 11 (2) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract;or (3) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. Page 254 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 EXHIBIT "A" SCOPE OF SERVICES FOR CONSULTANT STRUCTURE INSPECTION PROGRAM (SOUTH SYSTEM) TABLE OF CONTENTS 1.0 PROJECT OBJECTIVE..............................................................................................................A-3 2.0 GENERAL DESCRIPTION........................................................................................................A-3 3.0 STRUCTURE INSPECTION STANDARDS OF PRACTICE.................................................. A-6 4.0 PERSONNEL REQUIREMENTS...............................................................................................A-7 5.0 INSPECTION PREPARATION..................................................................................................A-8 6.0 FIELD INSPECTIONS................................................................................................................A-8 7.0 INSPECTION REPORTS..........................................................................................................A-10 7.1 Report Submissions 7.2 Turnpike Files at CONSULTANT Office 7.3 Organization of Bridge Inspection Reports 7.4 Organization of Sign Structure Inspection Reports 7.5 Organization of High Mast Light Tower Inspection Reports 7.6 Inspection and Reporting of Non-Qualifying Culverts 7.7 Comprehensive Inventory Data(CID) Records 7.8 Load Rating Analysis 8.0 ELECTRONIC DOCUMENT MANAGEMENT.....................................................................A-18 9.0 QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM....................................A-19 9.1 Quality Control Plan 9.2 Quality Assurance Plan 9.3 Quality Report 9.4 Quality Reviews by the DEPARTMENT 10.0 CONSULTANT MATERIALS................................................................................................ A-20 10.1 Materials to be Furnished to the Consultant 10.2 Manuals A-1 Page 255 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 11.0 WORK SCHEDULE AND PROGRESS REPORTS................................................................A-21 11.1 Notice to Proceed Meeting 11.2 Work Schedule, Cost Flow Graph, and Organizational Chart 11.3 Progress Reports 12.0 MISCELLANEOUS ..................................................................................................................A-22 12.1 Legal Proceedings 12.2 Errors and Omissions 12.3 Contradictions 12.4 Term and Commencement of Work LIST OF ATTACHMENTS Al. Bridge Inventory...........................................................................................................Al-1 A2. Overhead Sign Structure Inventory ............................................................................. A2-1 A3. High Mast Light Tower Inventory................................................................................A3-1 A4. Large Non-Qualifying Culvert Inventory.....................................................................A4-1 A5. Comprehensive Inventory Data(CID) Items for Which the Consultant Is Not Responsible For During a Routine Inspection...................................................................................A5-1 A-2 Page 256 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 EXHIBIT "A" SCOPE OF SERVICES 1.0 PROJECT OBJECTIVE 1.1 For the purpose of this Scope of Services,reference to a"structure"includes bridges,overhead sign structures,high mast light towers and large non-qualifying culverts. An inventory of the Turnpike South System Structures is provided in Attachments Al through A4. These Attachments include information for the first structures inspection cycle only (2019-2021). Updated information regarding structures inventory and proposed inspection dates for the second structures inspection cycle (2021-2023) will be provided at the end of the second year of the contract. 1.2 Structures located within the Florida's Turnpike Enterprise South System,to include the Turnpike Mainline from Milepost 0 to Milepost 200,the Sawgrass Expressway,and the Turnpike Spur from Milepost OX to Milepost 3.4X shall be inspected in compliance with federal regulations (National Bridge Inspection Standards,CFR Title 23,Part 650, Subpart C); Section 335.074,Florida Statutes; Safety Inspection of Bridges; State of Florida Department of Transportation Rules, Chapter 14-48, F.A.C., Bridge Inspection Standards; and OSHA 29 CFR, Part 1926. 2.0 GENERAL DESCRIPTION 2.1 The CONSULTANT shall perform structure inspection services as described in this Scope of Services for Florida's Turnpike South System (See paragraph 1.2). The frequency of inspection shall comply with Florida Statutes and Section II of the Bridge and Other Structures Inspection and Reporting Procedure. 2.2 The following portions of this Scope are subject to change. Therefore,the quantity for each work item is estimated below: 2.2.1 554 Routine Bridge Inspection: Bridges listed in Attachment No. Al shall require biennial Routine Bridge Inspections. Structure inspection and reporting shall be in compliance with Florida Statutes,the Bridge and Other Structures Inspection and Reporting Procedure and the requirements of this Scope as set forth herein. 2.2.2 Bridges not listed in Attachment No. Al shall require Initial Bridge Inspections or Post Rehabilitation Inspection. Bridges identified for Routine Inspection that are found to be under construction for widening or major rehabilitation may be rescheduled for Post Rehabilitation Inspection at a later date if the construction is more than 90% complete at the time of the scheduled routine inspection at the discretion of the FDOT's Turnpike Enterprise Structures Maintenance (herein referred to as the DEPARTMENT). The CONSULTANT shall conduct the bridge inspection and provide a preliminary report of deficiencies to include a copy of the cover sheet and the Element Detail sheets,not later than three (3)calendar days after notification by the DEPARTMENT. The complete bridge inspection report, including all required bridge record file sections, shall be submitted within (45) calendar days of the inspection. 30 Initial Bridge Inspection: Bridges newly constructed or inventoried requiring Initial Bridge Inspection shall require that a bridge record file be established electronically in the format designated in the Bridge and Other Structures Inspection and Reporting Procedure and the requirements of this Scope as set forth herein. A-3 Page 257 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 60 Post Rehabilitation Bridge Inspection: Bridges, which will undergo "substantial' rehabilitation, as determined by the DEPARTMENT, shall require Post Rehabilitation Bridge Inspection.The Post Rehabilitation Inspection Report shall be prepared in the same manner as an Initial Inspection. Each section of the bridge record file shall be revised electronically in the format designated in the Bridge and Other Structures Inspection and Reporting Procedure and the requirements of this Scope as set forth herein. 2.2.3 40 Post Repair Bridge Inspection: Bridges which will undergo "substantial" repair, as determined by the DEPARTMENT, shall require Post Repair Inspection. The Post Repair Inspection report shall be prepared with emphasis on the satisfactory or non-satisfactory completion of repair work. The CONSULTANT shall conduct the bridge inspection and provide a preliminary report of deficiencies evaluating only those items that were included in the repair plans, with a copy of the cover sheet and the Element Detail sheets. This preliminary report should be submitted no later than three (3) calendar days after notification by the DEPARTMENT. The complete bridge inspection report shall be submitted within (45) calendar days of the inspection. 2.2.4 131 Underwater Bridge Inspection: Bridges located in water deeper than three feet at the time of the scheduled inspection and where the underwater portions cannot be adequately inspected without the use of divers shall require Underwater Inspection,or as requested by the DEPARTMENT.Notification to the DEPARTMENT should be made if an Underwater Inspection is required. 2.2.5 20 Load Rating Analysis: Bridges which are newly built, rehabilitated, newly inventoried, or as recommended by the CONSULTANT due to significant deterioration, may require Load Rating Calculations as determined by the DEPARTMENT. The Load Rating Calculations shall be submitted with the associated inspection report or, if a stand-alone rating, then it shall be submitted within seven (7) calendar days of the authorization. For Initial or Post Rehabilitation Load Ratings performed by others,the CONSULTANT shall request a copy of the Load Ratings prior to submitting the reports(See Section 7.8 for Load Rating Requirements). 2.2.6 12 Special Bridge Inspection: Bridges with conditions that warrant additional time to perform a bridge inspection such as bridge lengths greater than 1,000 feet, or bridge inspection at night to reduce traffic inconveniences (at the discretion of the DEPARTMENT), shall require a Special Inspection. A Special Bridge Inspection will be used in conjunction with the required bridge inspection (Routine, Initial, Post Rehabilitation,Post Repair, etc.). 2.2.7 20 Interim Bridge Inspection: Bridges with low condition and/or appraisal ratings as determined by the DEPARTMENT shall require Interim Bridge Inspection.The inspection will emphasize deficient elements of the structure. 2.2.8 4 Emergency Bridge Inspection: Emergency Bridge Inspection shall be performed as directed by the DEPARTMENT.The CONSULTANT shall respond on-site within one(1) hour of notification. A recommendation of whether to continue or restrict normal traffic flow shall be determined on site by the CONSULTANT.A "hands-on" inspection shall be performed to determine the complete extent of the damage, and a damage assessment (preliminary report) of those items affected shall be submitted within 24 hours of notification. The Inspector will make an effort to remove any free or loose debris to determine the complete extent of the damage,and/or that could possibly pose as a threat to the public. The Emergency Bridge Inspection Report, including recommendation of A-4 Page 258 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 corrective actions with alternative methods of repairs, shall be submitted within five (5) calendar days of notification of the Emergency by the DEPARTMENT. The Inspection Report shall clearly indicate that no substantial reduction to the structural capacity of the bridge has resulted from the Emergency Incident. 2.2.9 4 Emergency Bridge Inspection & Load Rating: Emergency Bridge Inspection and Load Rating shall be performed as directed by the DEPARTMENT. The CONSULTANT shall respond on-site within one (1) hour of notification. A recommendation of whether to continue or restrict normal traffic flow shall be determined on site by the CONSULTANT. A "hands-on" inspection shall be performed to determine the complete extent of the damage, and a damage assessment (preliminary report) of those items affected shall be submitted within 24 hours of notification.The Inspector will make an effort to remove any free or loose debris to determine the complete extent of the damage, and/or that could possibly pose a threat to the public. A load rating analysis is to be done as part of the Emergency Inspection. It shall be submitted within 48 hours of notification. The final Emergency Bridge Inspection Report, including recommendation of corrective actions with alternative methods of repair, shall be submitted within five (5) calendar days of notification of the Emergency by the DEPARTMENT. 2.2.10 1018 Routine Sign Inspection: Sign structures listed in Attachment No. A2 shall require "hands-on" biennial Routine Inspection. This item may also include Interim Inspections for sign structures with low condition and/or appraisal ratings, substantial repairs, or accident damage, or as determined by the DEPARTMENT. 2.2.11 332 Initial Sign Inspection: Sign structures not listed in Attachment No. A2 shall require "hands-on" Initial Sign Inspections and application of sign numbers since prior inspections of these newly constructed or newly inventoried structures have not been performed. A sign record file shall be established electronically in the same format as the bridge record file designated in the Bridge and Other Structures Inspection and Reporting Procedure excluding Inventory Section II,Topic "I" -Channel and Scour Information and Topic "D" —Load Capacity Information. The CONSULTANT shall conduct the sign inspection and provide a preliminary report of deficiencies to include a copy of the cover sheet and Element Detail Sheet, not later than three (3) calendar days by email after notification by the DEPARTMENT. The complete sign inspection report, including all required sign record file sections, shall be submitted within (45) calendar days of the inspection. 2.2.12 385 Routine High Mast Light Tower (HMLT) Inspection: High Mast Light Towers with a proposed inspection date in Attachment No.A3 shall require biennial Routine Inspections. This item may also include Interim Inspections for towers with low condition and/or appraisal ratings, substantial repairs, or accident damage, or as determined by the DEPARTMENT. 2.2.13 5 Initial High Mast Light Tower Inspection: HMLT structures not listed in Attachment No. A3 shall require "hands-on" Initial HMLT Inspections and application of HMLT numbers since prior inspections of these newly constructed or newly inventoried structures have not been performed. An HMLT record file shall be established electronically in the same format as the bridge record file designated in the Bridge and Other Structures Inspection and Reporting Procedure excluding Inventory Section II, Topic "I" - Channel and Scour Information and Topic"D"—Load Capacity Information. The CONSULTANT shall conduct the HMLT inspection and provide a preliminary report of deficiencies to include a copy of the cover sheet and Element Detail Sheet,not later than A-5 Page 259 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 three (3) calendar days by email after notification by the DEPARTMENT. The complete HMLT inspection report, including all required HMLT record file sections, shall be submitted within(45) calendar days of the inspection. 2.2.14 110 Routine Large Non-Qualifying Culvert (LNQC) Inspection: Large non-qualifying culverts with a proposed inspection date in Attachment No. A4 shall require Routine Inspection this cycle. 2.2.15 10 Initial Large Non-Qualifying Culvert Inspection: LNQC structures not listed in Attachment No. A4 shall require "hands-on" Initial LNQC Inspections and application of LNQC numbers since prior inspections of these newly constructed or newly inventoried structures have not been performed. An LNQC record file shall be established electronically in the same format as the bridge record file designated in the Bridge and Other Structures Inspection and Reporting Procedure excluding Inventory Section 11, Topic"D"—Load Capacity Information. The CONSULTANT shall conduct the LNQC inspection and provide a preliminary report of deficiencies to include a copy of the cover sheet and Element Detail Sheet,not later than three (3) calendar days by email after notification by the DEPARTMENT. The complete LNQC inspection report, including all required LNQC record file sections, shall be submitted within(45) calendar days of the inspection. 2.2.16 20 Penetration Dive Inspection: An underwater culvert inspection penetration dive shall be required if the culvert is submerged or at least one (1) foot of freeboard above the water level is not available at the time of inspection. Culverts requiring an Underwater Penetration Dive Inspection shall be conducted in accordance with applicable OSHA regulations and the FDOT Bridge Underwater Operations Procedure. This item shall be used as a stand-alone inspection item and shall be inclusive of all inspection requirements as required by either the Routine or Initial LNQC inspection items identified above. 3.0 STRUCTURE INSPECTION STANDARDS OF PRACTICE All services provided by the CONSULTANT shall conform to the latest edition following State and National Publications covering structure inspection standards of practice which are hereby incorporated by reference and made a part of this contract as if fully set forth herein: 3.1 National Bride Inspection Standards Code of Federal Regulations 23 -Highways, Part 650, Subpart C 3.2 State ofFlorida Statute 335.074, Safety Inspection ofBridges 3.3 Manual for Bridge Evaluation (MBE) American Association of State Highway and Transportation Officials (AASHTO) 3.4 Bridge Inspectors Reference Manual(BIRM) U.S. Department of Transportation/Federal Highway Administration 3.5 Underwater Inspection ofBridges F14WA-DP-80-1, U.S. Department of Transportation/Federal Highway Administration 3.6 Bridge and Other Structures Inspection and Reporting Procedure State of Florida Department of Transportation, Procedure 850-010-030 A-6 Page 260 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 3.7 Bridge Load Rating Manual State of Florida Department of Transportation, Procedure 850-010-035 3.8 Bridge Underwater Operations State of Florida Department of Transportation, Procedure 850-010-011 3.9 Manual on Uniform Traffic Control Devices U.S. Department of Transportation/Federal Highway Administration 3.10 Loss Prevention Manual State of Florida Department of Transportation Procedure 500-000-015 3.11 State ofFlorida Roadway and Traffic Design Standards State of Florida Department of Transportation 3.12 Standard Specifications for Road and Bridge Construction State of Florida Department of Transportation, and all supplements thereto 3.13 Bridge Maintenance and Repair Handbook State of Florida Department of Transportation 3.14 AASHTO Standard Specifications for Highwav Brides American Association of State Highway and Transportation Officials 3.15 AASHTO LRFD Bride DesiSpecifications American Association of State Highway and Transportation Officials (AASHTO) 3.16 User's Manual, AASHTO Ware Bridge Management System BrM Current Release American Association of State Highway and Transportation Officials (AASHTO) 3.17 Bridge Work Order Handbook State of Florida Department of Transportation 3.18 AASHTO Guide Manual for Bridge Element Inspection American Association of State Highway and Transportation Officials (AASHTO) 3.19 AASHTO Manual for Bridge Element Inspection American Association of State Highway and Transportation Officials (AASHTO) 4.0 PERSONNEL REQUIREMENTS 4.1 All final documents,such as structure inspection reports,CID reports and bridge load rating reports shall be individually sealed by a Professional Engineer in accordance with Section 471.025, F.S. The individual signing and sealing structure inspection reports must have completed the FHWA- NHI 130055 Safety Inspection of In-Service Bridges training. Bridge load rating determinations and the load rating calculations shall be sealed by the Professional Engineer which confirms the accuracy and completeness of the contents of the load rating report. 4.2 The CONSULTANT shall provide a qualified lead inspector at the structure site to supervise inspection activities at all times. This individual shall be registered as a Professional Engineer in A-7 Page 261 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 Florida, and experienced in the inspection of bridges according to the National Bridge Inspection Standards,or be confirmed officially by the DEPARTMENT as a Certified Bridge Inspector(CBI). Qualifications for certification as a bridge inspector are stated in the Rules of the Florida Department of Transportation, Chapter 14-48, F.A.C. 4.3 The CONSULTANT's work shall be respectively directed and performed by the key personnel identified in the CONSULTANT's Technical Proposal as presented by the CONSULTANT, and considered by the DEPARTMENT during the evaluation process. Any changes in proposed personnel within the approved organization will be subject to required review and approval by the DEPARTMENT prior to changes in key personnel working on the Project. 4.4 The CONSULTANT will provide to the DEPARTMENT the completed Exempt Document Forms and copies of the photo ID's for all employees and sub-consultants that will work on the Project. 4.5 The CONSULTANT will be authorized to subcontract specialty services under the provisions of this document(e.g.,underwater inspections). 4.6 Subconsulting firms and the work they will perform shall be identified in the original proposal. Work performed by subconsulting firms shall be the direct responsibility of the CONSULTANT. Subconsulting firms shall be approved in writing and qualified by the DEPARTMENT prior to initiation of any work. The percentage of total contract work performed by subconsulting firms shall not exceed forty-nine percent (49%) of the total contract. Any changes in the subconsulting firms, or the work they will perform, or key personnel, as indicated in the CONSULTANT's proposal, shall be subject to required review and approval by the DEPARTMENT. 5.0 INSPECTION PREPARATION 5.1 The frequency of structure inspections shall comply with Florida Statutes, the Bridge and Other Structures Inspection and Reporting Procedure, and the requirements of this Exhibit "A". The CONSULTANT shall monitor the required inspection cycle to establish an inspection interval of each structure such that no inspection delinquencies occur.In accordance with the Bridge and Other Structures Inspection and Reporting Procedure,an inspection will not be considered delinquent if it is inspected within the month scheduled. Required Interim Inspections shall be scheduled and monitored by the CONSULTANT. The CONSULTANT shall request approval from the DEPARTMENT to conduct the Interim Inspection two weeks prior to the scheduled date of inspection. 5.2 Each required underwater inspection shall be conducted within two weeks of the scheduled date of the above water inspection. 5.3 The CONSULTANT shall comply with the Florida's Turnpike Enterprise's lane closure policy. The Request for Lane Closure form shall be submitted two weeks prior to the requested date of closure.The appropriate FDOT Index should be referenced,and a sketch showing the traffic control setup and site specific conditions shall be attached to the form, if needed. The inspection shall be conducted at a time that will cause minimal impact to the traveling public. Lane closures in the vicinity of a Toll Plaza shall be coordinated with the Toll Plaza Manager. 6.0 FIELD INSPECTIONS 6.1 Field inspections of all structures, to be inspected as a part of this Scope, shall be conducted in accordance with the publications listed in Section 3.0 of this Scope as set forth herein and the requirements of this contract. The Professional Engineer (P.E.) or Certified Bridge Inspector (C.B.I.) on site shall be responsible for the detection of deficiencies and the determination and recording of the structure's condition, which shall include the personal inspection and A-8 Page 262 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 documentation of significant deficiencies. 6.2 The CONSULTANT shall not allow an inspector to perform consecutive inspections of the same structure. If this occurs,the CONSULTANT shall re-inspect the structure using another inspector at no charge to the DEPARTMENT. 6.3 Traffic control procedures shall be in accordance with the FHWA/USDOT Manual on Uniform Traffic Control Devices and the Florida Department of Transportation Roadway and Traffic Design Standards,latest editions. 6.4 The CONSULTANT shall be responsible for painting the bridge numbers, when illegible, on the wingwall of all Florida's Turnpike Enterprise-owned structures, and on the substructures of overpassing roadway's bridges. Overhead sign structures and high mast light towers shall have legible structure numbers painted on respective sign column, or on the high mast light towers,and clearly visible from an approaching vehicle.Each large non-qualifying culvert shall have a number painted on both end headwalls. The painted structure number shall match the structure numbering in AASHTOWare Bridge Management System BrM. A photo of the number will be included in the report. 6.5 Every visible surface of all members of each structure shall be examined. The CONSULTANT's Inspector shall perform cleaning, as necessary,to permit a thorough examination of the members. Incidental cleaning of structure elements shall be performed to effectively inspect the item (caps, bearings, slope protection, gutters, etc.). The bases of overhead signs and high mast light towers should be cleaned of vegetation, dirt, and debris. If the depth of fill is less than 2 feet above the base plate, the CONSULTANT's Inspector shall remove fill, inspect and document as necessary with each inspection performed. If the depth of fill is 2 feet or greater and the buried components have not been unearthed and evaluated within the past 5 years, the CONSULTANT shall unearth and evaluate the buried components during the course of the inspection. Structure members and elements that cannot be inspected prior to report publication shall be documented in the report as such, along with the reason for not inspecting. Sign structures shall require a hands-on inspection of all components. 6.6 Any loose bolts on bridges, overhead signs, or high mast light towers, identified by the Inspector shall be snug tightened by the Inspector,if possible. Identify loose or missing bolts with sufficient detail (i.e., type, material, size, and thread) such that the fastener can be replaced or tightened as required. 6.7 Where deficiency dimensions are documented, the actual size or dimension (width, length, and depth)of the deficiency and location on the member shall be recorded.Where dimensioning every deficiency is impractical,the standard Department Table of Deficiency Dimension Classes shall be used in lieu of general terms such as narrow,fine,or similar terminology. 6.8 If, by field observation, deficiencies are found which cause safety hazards, and are sufficiently critical to warrant immediate and substantial traffic restriction,or closing of the bridge or roadway, the DEPARTMENT or designated representative shall be immediately notified verbally. Verbal notification shall be confirmed in writing within 24 hours. 6.9 All AASHTOWare Bridge Management System BrM data fields shall be reviewed by the CONSULTANT as a part of the bridge inspection,verified for accuracy, and, if required, updated with the exception of the items in Attachment A5. All data items shall be field verified unless the item is not visible. Items which cannot be field verified should be coded using As-Built plans or proven documentation.The latitude and longitude for each bridge shall be verified/confirmed such that it matches with available satellite imagery. Coordinate data in AASHTOWare Bridge Management System BrM shall be accurate to the hundredth's place in the seconds' field for both A-9 Page 263 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 latitude and longitude and shall be confirmed with hand-held Global Positioning System (GPS) equipment during the field inspection. 6.10 As a part of each inspection of any bridge over water, the CONSULTANT shall take channel bottom soundings at mid-span and supports (bent or pier), on both sides of the bridge, where accessible. 6.11 Scour concerns addressed in Scour Evaluation Reports shall be reviewed and readdressed in both the Element Detail Section and Inspector's Recommendation Section. 6.12 All bridges shall be reviewed for proper height restriction, weight restriction, and narrow bridge signing in conformance with DEPARTMENT standards. 6.13 A Structure Elevation view photograph, shall be provided for all bridges, HMLT's, LNQC's and overhead signs with each inspection report submittal. This is to be a JPEG File with a minimum resolution as found in section 6.17.At least one(1)photo of an elevation view of the structure shall be included in the inspection report or with the extra photos submitted. 6.14 A photograph of the upstream and downstream view of all water crossings shall be included in the structure report. 6.15 A photograph of culvert endwalls shall be included in the structure inspection report for each culvert (bridge or large non-qualifying culvert) inspected, and labeled to indicate the appropriate end. 6.16 As a minimum, a photograph shall be included for each deficiency recommended by the CONSULTANT for corrective action. When a photograph is taken of a specific deficiency, an object that provides a sense of relative dimensional scale such as a ruler shall be placed by the element in the photograph. The essential features of a deficiency shall be emphasized by marking arrows or dimensions directly on the photograph. The date the photograph was taken and the structure number shall be marked on the front. 6.17 Photographs shall be taken in digital format and printed in color with a date reference included. The digital camera should have the following minimum specifications: • 7 Mega pixels • Minimum resolution: 3072 X 2304 pixels • Compatible with Windows 7 and above 7.0 INSPECTION REPORTS 7.1 Report Submissions 7.1.1 The CONSULTANT shall develop structure reports utilizing the most current version of the DEPARTMENT's AASHTOWare Bridge Management System software (BrM). BrM shall be accessed via the internet,the web address is https://brtnLdot.state.fl.us/BrM5 3 In conjunction with the BrM, the CONSULTANT will need to utilize the FDOT Bridge Management System (BMS). BMS shall be accessed via the internet, the web address is littps:/ibn-iil.dot.state.fl.us/BMS/ 7.1.2 Deficiencies described in previous structure inspection reports shall be addressed again in the current report. Structure inspection reports shall provide a comprehensive description of bridge deficiencies and state probable causes of the deficiencies, specify recommended corrective action, A-10 Page 264 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 and contain an evaluation of previous corrective action. Deficiencies noted in the report that were also in previous reports will be clearly indicated as increased in severity, decreased in severity, or not changed. Any deficiencies noted by the CONSULTANT in the report that were not in the previous inspection report will be clearly indicated as not having been previously noted. If a previously noted deficiency no longer exists, and there was no work order issued to correct it,the report will clearly indicate this. If a deficiency does not require corrective action,it should be noted as such in the report. Terminology not commonly understood by non-inspection personnel shall be minimized and undefined values or ratings shall not be used. 7.1.3 Any recommendations regarding upgrading the structure elements to the current standards should be stated in the element notes. 7.1.4 The CONSULTANT's report shall identify missing bolts, or those requiring tightening or replacement,to include ASTM markings, size (diameter and length)and location in the Inspector's Recommendation Comments Module of AASHTOWare Bridge Management System BrM. 7.1.5 All units shall be reported in the English format unless directed otherwise by the DEPARTMENT. 7.1.6 Each structure inspection report shall be a "stand alone" document with a closed page numbering system. Each inspection report should also contain the CIDR. All sheets in the inspection report shall be 8-1/2"x 11". Standard header information shall be included on each page: structure number and date of inspection. An index of the attachments shall be included in the inspection notes field. All attachments shall be scanned and included in AASHTOWare Bridge Management System BrM with the structure inspection information. 7.1.7 For any bridge over water,the original bridge channel cross section and successive channel bottom soundings shall be shown on an elevation view of the bridge. The bridge channel cross section measurements shall be input into FDOT Bridge Management System(BMS)to generate the graph. The plot shall show the actual vertical profile of the bridge relative to the channel profile. A PDF shall be included with inspection reports submitted for these bridges. 7.1.8 An updated Comprehensive Inventory Data (CID) Report shall be provided with each bridge, overhead sign, HMLT, and LNQC inspection report or Load Rating Analysis. Any other updates to the inventory data shall require a CID report submittal within five (5)calendar days. 7.1.9 For each bridge inspection conducted, the CONSULTANT shall provide a cursory review of the bridge load rating information on file to determine if it is sufficiently reflective of the current bridge conditions. If it is determined that the load rating information on file is consistent with current conditions, a statement shall be provided in the bridge inspection notes indicating such and shall include the name of the individual and date verified(e.g. LOAD RATING: The load rating on file for Bridge 080044, dated 07/29/2010, was determined to accurately reflect the current physical conditions found during this routine inspection conducted on 05/23/2018. Confirming Individual: V. DePianta 12/19/2018). If it is determined that the bridge load rating information is in need of updating,the CONSULTANT shall notify the DEPARTMENT. Load ratings performed as part of the inspection shall require the load rating summary sheet to be attached to the inspection report. 7.1.10 Each final structure inspection report, load rating summary sheet with analysis, and CID report shall be signed, dated, and sealed in accordance with Section 471.025, F.S., by the CONSULTANT's Professional Engineer in charge, registered in the State of Florida, which confirms accuracy and completeness. 7.1.11 The CONSULTANT shall develop and publish an electronic copy of the structure inspection report for each existing structure.Each structure report submittal shall conform to the requirements of this Scope as set forth herein,and the Bridge and Other Structures Inspection and Reporting Procedure A-11 Page 265 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 or as revised herein, in addition to the AASHTOWare Bridge Management System BrM User's Manual. Each final electronic report submittal shall consist of separate electronic files for each of the following items: FARC Agenda, Inspection Report with CID Report, SLD, Overflow Photos and Inventory Photos (if update required). For any non-routine inspection conducted, electronic files shall also be provided for the necessary folder file update items such as Elevation Photo JPEG, Location Maps, Structure History, Field Preparation and Checklist, etc. All electronic files for inspection reports shall contain the following naming convention: (Structure Number) (Inspection Date YYYYMMDD) (Inspection Type). For example, "75T123 20130101 Routine"would be the name of the electronic file for the routine inspection of overhead sign structure 75T123 which was performed on Jan. 1st, 2013. 7.1.12 All electronic structure reports shall be submitted to the DEPARTMENT for review no later than forty-five (45) calendar days after completion of each individual structure field inspection. The DEPARTMENT will return reports, which do not conform to this Scope to the CONSULTANT within five (5) DEPARTMENT working days. These reports shall be corrected and resubmitted to the DEPARTMENT within five (5) DEPARTMENT working days after being returned to the CONSULTANT. 7.1.13 Any additional photos taken during the inspection that are not used in the inspection report must be loaded in the AASHTOWare Bridge Management System BrM, Inspection, Media file copy utility with an unchecked inspection box. In addition, all photos (Both Inspection and Inventory) must be printed on a separate Adobe PDF electronic file format document (limit (4) photos per page)outside of AASHTOWare Bridge Management System BrM.The inspection report shall have the name of the CONSULTANT's firm on the cover sheet. Also ensure that the correct Inspection Report Name has been selected when generating the inspection report from FDOT Bridge Management System (BMS). 7.1.14 Any load rating or underwater inspection not associated with a structure inspection, if so required by the DEPARTMENT, shall be completed and submitted within seven(7)calendar days from the date of notification. 7.1.15 The CONSULTANT shall submit an FDOT Bridge Management System (BMS) Feasible Action Review Meeting Agenda(WORK001)for all deficiencies included in the Work Order Module.The Feasible Action Review Meeting Agenda for each structure shall be submitted with the structure inspection report (bridge, overhead sign, HMLT, LNQC). Each recommendation in the Feasible Action Review Meeting Agenda will be assigned a priority in accordance with the Bridge Operations and Maintenance Manual. The Feasible Action Review Committee (FARC) meeting will be held monthly,or as needed.All reports accepted since the previous meeting and prior to the FARC meeting will be reviewed at the meeting. Within seven (7) calendar days after the FARC meeting,the CONSULTANT shall submit in Adobe PDF electronic file format,final Work Orders and the inspection report. 7.1.16 The CONSULTANT shall submit a copy of the SLD drawings for the on route and under route if available for bridges. For overhead signs, HMLT's and LNQC's, the SLD drawings will also be required. 7.1.17 The CONSULTANT shall review the Structure's Coating System Estimates Worksheet on file for all structures which include a coating system. Coating system quantities shall include portions contained on secondary (i.e. bracing) members as well as primary structural members. If the Structure's Coating System Estimates Worksheet on file requires updating for any reason or does not currently exist, the CONSULTANT shall provide a Structure's Coating System Estimates Worksheet. All initial inspections of structures with coating systems will require the CONSULTANT to provide a Structure's Coating System Estimates Worksheet. A-12 Page 266 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 7.2 Turnpike Files at CONSULTANT Office 7.2.1 Bridge and Other Structures File Folders 7.2.1.1 All necessary Bridge and Other Structures Files are stored within the DEPARTMENT's Electronic Document Management System(EDMS). The DEPARTMENT updates and maintains the documents within EDMS. The CONSULTANT's employees should request access to EDMS through the Automated Access Request Form by selecting the View Only Option for TP_EDMS Library Business Area of Structures Management and have submitted an Exempt Documents Form to the DEPARTMENT. Once access is granted,the DEPARTMENT will provide further instructions on how to use and navigate EDMS for document retrieval. 7.3 Organization of Bridge Inspection Reports 7.3.1 All Sections of the bridge report shall be developed by the CONSULTANT including those sections not provided by AASHTOWare Bridge Management System BrM or FDOT Bridge Management System (BMS). 7.3.2 The organization of the Bridge Inspection Report shall conform to the specifications of the Bridge and Other Structures Inspection & Reporting Procedure, AASHTOWare Bridge Management System BrM User's Manual. 7.3.3 Any Element Inspection Notes entry that exceeds the character limit for a particular element shall then utilize the notes section for the listed defects within that same element. If additional characters are still required, the additional documentation shall be included as a PDF Attachment in the AASHTOWare Bridge Management System BrM.If any other Inspection Report entry exceeds the character limit,the additional documentation shall be included as a PDF Attachment as described above. In addition, all sketches shall be included in the same format. 7.3.4 Traffic Restrictions will be reported in the Inspection Notes field in AASHTOWare Bridge Management System BrM. Traffic Restrictions are independent of the Load Rating Confirmation described in Section 7.1.9. 7.3.5 Recommendations for corrective action shall be noted in the AASHTOWare Bridge Management System BrM under the Work Candidates. The recommendations for corrective action must also be noted in the FDOT Bridge Management System(BMS) State Force Work Orders Applet. 7.3.6 Deficiencies serious enough to cause an immediate traffic safety hazard shall be identified in red with the word "CRITICAL" in capital letters in the left margin. Critical deficiencies are identified in the Bridge and Other Structures Inspection and Reporting Procedure.The CONSULTANT shall inform the DEPARTMENT of critical deficiencies immediately and photos showing the deficiency shall be e-mailed to the DEPARTMENT within 24 hours.The CONSULTANT shall also enter the appropriate information into the FDOT Bridge Management System(BMS) Prompt for Corrective Action Applet. 7.3.7 The DEPARTMENT will supply the CONSULTANT with SLD information via the link littp://NN7ww2.dot.state.fl.us/straight-linesgalinegis/ . 7.4 Organization of Sign Structure Inspection Reports 7.4.1 All sections of the inspection report shall be developed by the CONSULTANT including those sections not provided by AASHTOWare Bridge Management System BrM or FDOT Bridge Management System (BMS). A-13 Page 267 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 7.4.2 The organization of the Inspection Report shall conform to the specifications of the Bridge and Other Structures Inspection and Reporting Procedure, AASHTOWare Bridge Management System BrM User's Manual. 7.4.3 Any Element Inspection Notes entry that exceeds the character limit for a particular element shall then utilize the notes section for the listed defects within that same element. If additional characters are still required, the additional documentation shall be included as a PDF Attachment in the AASHTOWare Bridge Management System BrM.If any other Inspection Report entry exceeds the character limit,the additional documentation shall be included as a PDF Attachment as described above. In addition, all sketches shall be included in the same format. 7.4.4 Recommendations for corrective action shall be noted in the AASHTOWare Bridge Management System BrM under the Work Candidates. The recommendations for corrective action must also be noted in the FDOT Bridge Management System(BMS) State Force Work Orders Applet. 7.4.5 Deficiencies serious enough to cause an immediate traffic safety hazard as determined by the CONSULTANT, shall be identified in red with the word "CRITICAL" in capital letters in the left margin.The CONSULTANT shall inform the DEPARTMENT of critical deficiencies immediately and photos showing the deficiency shall be e-mailed to the DEPARTMENT within 24 hours. The CONSULTANT shall also enter the appropriate information into the FDOT Bridge Management System (BMS) Prompt for Corrective Action Applet. 7.4.6 The CONSULTANT shall field verify all sign SLD Mile Points and provide updated SLD information with each Inspection Report. 7.4.7 The DEPARTMENT will supply the CONSULTANT with SLD information via the link littp://NN7ww2.dot.state.fl.us/straight-linesgalinegis/ . 7.4.8 Inventory— Signs within the Turnpike System Right-of-Way shall have the following information collected and recorded in the Structure notes field: Build Information-Erector,Date Erected, Manufacturer, Date Manufactured; Sign Panel Information-Dimensions, Text portrayed, if no panels exist describe attached items; Foundation - Standoff Distance, No. of Anchor Bolts, Anchor Bolt Nut Height, Anchor Bolt Diameter, Washer Thickness, Lock Nut Height, Base Plate Thickness, Distance from Top of Foundation to Bottom of Base Plate. 7.5 Organization of High Mast Light Tower Inspection Reports 7.5.1 All sections of the inspection report shall be developed by the CONSULTANT including those sections not provided by AASHTOWare Bridge Management System BrM or FDOT Bridge Management System (BMS). 7.5.2 The organization of the Inspection Report shall conform to the specifications of the Bridge and Other Structures Inspection and Reporting Procedure, AASHTOWare Bridge Management System BrM User's Manual. 7.5.3 Any Element Inspection Notes entry that exceeds the character limit for a particular element shall then utilize the notes section for the listed defects within that same element. If additional characters are still required, the additional documentation shall be included as a PDF Attachment in the AASHTOWare Bridge Management System BrM.If any other Inspection Report entry exceeds the character limit,the additional documentation shall be included as a PDF Attachment as described A-14 Page 268 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 above. In addition, all sketches shall be included in the same format. 7.5.4 Recommendations for corrective action shall be noted in the AASHTOWare Bridge Management System BrM under the Work Candidates. The recommendations for corrective action must also be noted in the FDOT Bridge Management System(BMS) State Force Work Orders Applet. 7.5.5 Deficiencies serious enough to cause an immediate traffic safety hazard as determined by the CONSULTANT, shall be identified in red with the word "CRITICAL" in capital letters in the left margin.The CONSULTANT shall inform the DEPARTMENT of critical deficiencies immediately and photos showing the deficiency shall be e-mailed to the DEPARTMENT within 24 hours. The CONSULTANT shall also enter the appropriate information into the FDOT Bridge Management System (BMS) Prompt for Corrective Action Applet. 7.5.6 The CONSULTANT shall field verify all HMLT SLD Mile Points and provide updated SLD information with each Inspection Report. 7.5.7 The DEPARTMENT will supply the CONSULTANT with SLD information via the link littp://NN7ww2.dot.state.fl.us/straiglit-linesgaliiiegis/ . 7.5.8 Inventory — HMLTs within the Turnpike System Right-of-Way shall have the following information collected and recorded in the Structure notes field: Build Information-Erector, Date Erected, Manufacturer, Date Manufactured; Type -Octagonal, Square, Round,Hexadecagonal, etc.; Dimensions -Pole Height, Pole Diameter near base; Foundation - Standoff Distance, No. of Anchor Bolts, Anchor Bolt Nut Height, Anchor Bolt Diameter, Washer Thickness, Lock Nut Height, Base Plate Thickness, Distance from Top of Foundation to Bottom of Base Plate. 7.6 Inspection and Reporting of Large Non-Qualifying Culverts 7.6.1 Inspection of Non-Qualifying Culverts 7.6.1.1 Definitions - A non-qualifying culvert is defined as a structure that does not meet the statutory definition of a bridge.A non-qualifying culvert shall be grouped into the following two categories: A Small Non-Qualifying Culvert is defined as a circular,elliptical,arch,or box type of culvert with a height of four(4)feet or less and a clear span of less than 10 feet. Inspection of these structures will not be required under this contract. A Large Non-Qualifying Culvert (LNQC) is defined as a circular, elliptical, arch, or box type culvert with a height greater than four(4) feet, or clear span of 10 feet or greater,but less than 20 feet. Multiple openings which share a common headwall shall be inventoried under a single structure number. Inspection of these structures shall be performed as part of this contract. 7.6.1.2 Inventory - Large non-qualifying culverts (LNQCs) within the Turnpike System Right-of-Way shall be inspected and the following information collected and recorded in the Structure notes field: Location - Structure number, local FDOT district, county, section number, route number, route direction, straight line diagram (SLD) milepost, and location description referencing the nearest crossroad; A-15 Page 269 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 Size -Inside opening height and inside opening width as measured perpendicular to the centerline of the culvert and total culvert width measured along the centerline of the roadway; Orientation-Perpendicular to the centerline of the roadway or skew at a given angle; Type -Circular, elliptical,arch, or box; Material -Reinforced concrete,pre-cast concrete, steel,aluminum,timber, or material; Year Built-if this is not known,then an approximate date should be listed; Depth of Embankment; Clear Zone -Measured from roadway edge of pavement to the back of the culvert headwall. 7.6.1.3 If the CONSULTANT determines based on field measurements that a culvert qualifies as a bridge, the CONSULTANT shall notify to and request a bridge number from the Florida's Turnpike Enterprise Structures Maintenance Office and inspect the structure as a bridge in accordance with the Bridge and Other Structures Inspection and Reporting Procedure and the requirements of this Exhibit"A". 7.6.2 Elements of Inspection 7.6.2.1 Channel: Evaluation of channel for a distance of 50 feet upstream and downstream from the headwall; The channel shall be inspected to determine if debris or vegetation accumulation would restrict the flow; Degradation and aggregation shall be checked to determine if there is evidence of the removal or deposit of material in the channel bed causing undermining of the culvert or reduced hydraulic capacity of the channel; The embankment and channel slopes shall be checked for evidence of erosion for a distance of 50 feet upstream and downstream from the headwall. 7.6.2.2 Headwalls and wingwalls shall be visually checked for structural soundness and signs of settlement; 7.6.2.3 The roadway above the culvert shall be visually checked for signs of settlement. 7.6.2.4 The interior of large non-qualifying culverts (LNQCs) shall be inspected. The depth of sediment on the floor of the culvert shall also be measured and documented. The method of interior inspection shall be in accordance with the following: If the culvert is submerged or has 1 foot or less freeboard above the water level at the time of inspection then a penetration dive inspection shall be required. Diving operations shall be conducted according to the Bridge Underwater Operations Procedure. If the senior diver deems the conditions unsafe to conduct the dive,the dive shall be canceled. If the culvert is dry or adequate freeboard exists above the water level,then a penetration dive shall not be required. A-16 Page 270 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 The extent of observed measurable section loss (i.e. scale)is to be documented in detail within the element inspection notes. If the loss is widespread throughout or over large areas, the inspection notes shall provide details of both the average and the maximum extent of loss observed. 7.6.3 Organization of Report 7.6.3.1 All sections of the inspection report shall be developed by the CONSULTANT including those sections not provided by AASHTOWare Bridge Management System BrM or FDOT Bridge Management System (BMS). 7.6.3.2 The organization of the Inspection Report shall conform to the specifications of the Bridge and Other Structures Inspection and Reporting Procedure, AASHTOWare Bridge Management System BrM User's Manual. 7.6.3.3 Any Element Inspection Notes entry that exceeds the character limit for a particular element shall then utilize the notes section for the listed defects within that same element. If additional characters are still required, the additional documentation shall be included as a PDF Attachment in the AASHTOWare Bridge Management System BrM.If any other Inspection Report entry exceeds the character limit,the additional documentation shall be included as a PDF Attachment as described above. In addition, all sketches shall be included in the same format. 7.6.3.4 Recommendations for corrective action shall be noted in the AASHTOWare Bridge Management System BrM under the Work Candidates. The recommendations for corrective action must also be noted in the FDOT Bridge Management System(BMS) State Force Work Orders Applet. 7.6.3.5 Deficiencies serious enough to cause an immediate traffic safety hazard as determined by the CONSULTANT, shall be identified in red with the word "CRITICAL" in capital letters in the left margin.The CONSULTANT shall inform the DEPARTMENT of critical deficiencies immediately and photos showing the deficiency shall be e-mailed to the DEPARTMENT within 24 hours. The CONSULTANT shall also enter the appropriate information into the FDOT Bridge Management System (BMS) Prompt for Corrective Action Applet. 7.6.3.6 The CONSULTANT shall field verify all LNQC SLD Mile Points and provide updated SLD information with each Inspection Report. 7.6.3.7 The DEPARTMENT will supply the CONSULTANT with SLD information via the link littp://NN7ww2.dot.state.fl.us/straight-linesgalinegis/ . 7.7 Comprehensive Inventory Data(CID) Records 7.7.1 The DEPARTMENT maintains,for every public structure within the Florida's Turnpike Enterprise System of toll roads,a computer file referred to as the CID file which contains data items pertaining to a structure's identity, condition, and description. The CONSULTANT shall code all necessary CID items for each required inspection activity. All CID fields, except those identified in Attachment A5, shall be verified for accuracy and completeness, and thoroughly edited by the CONSULTANT. The CONSULTANT shall input or update the CID items in AASHTOWare Bridge Management System BrM or FDOT Bridge Management System(BMS). 7.7.2 When records are added or updated on the computer, every AASHTOWare Bridge Management System BrM data field included in the modules except those identified in Attachment A5 shall be reviewed by the CONSULTANT as a part of the bridge inspection, verified for accuracy and, if required, updated. The CONSULTANT shall periodically review these fields for illogical or questionable data. The CONSULTANT shall review and correct inaccurate data only for the most recent inspection. A-17 Page 271 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 7.7.3 All CID items,which are updated, shall be highlighted yellow or stamped with a checkmark on the CID reports submitted as a Quality Control measure. This should be completed with built in annotation functions within the PDF viewer as printing, highlighting, then scanning will greatly reduce document quality. 7.8 Load Rating Analysis 7.8.1 Inventory and operating load ratings shall be determined for each load rating analysis as specified in the Bridge Load Rating Manual,Procedure 850-010-035. 7.8.2 The inventory and operating ratings shall be used to code their respective CID items and shall be reported by gross vehicular weight. The standard DEPARTMENT maximum legal load cases and rating summary forms shall be used for determining and documenting legal vehicle operating ratings for the evaluation of traffic load restrictions. 7.8.3 When plans are not available for concrete bridges that do not display significant deficiencies, an area of reinforcing steel and a load rating based on the AASHTO design specification of the era in which the bridge was constructed may be assumed, or non-destructive field testing may be performed to determine the bridge's load-carrying capacity.Either the field testing or the load rating assumptions shall be pre-approved by the DEPARTMENT. 7.8.4 The load rating documentation shall include but is not limited to the FDOT Summary Forms and Summary Detail Sheets,bridge inspection information(considered in the evaluation),bridge plans and details,load rating calculations (hand calculations,computer input,computer output,etc.),and an "updated" CID report reflecting the necessary item revisions. See the Bridge Load Rating Manual for the definition of a Complete Load Rating Package. The controlling rating should be identified in the computer output with a checkmark. All assumptions shall be clearly described and sufficiently documented. 7.8.5 The CONSULTANT shall recommend traffic restrictions based on the DEPARTMENT's policy of posting by controlling operating rating. A comment on this item shall be included regardless of whether traffic restrictions are required or not. 7.8.6 The CONSULTANT shall review the load rating analyses to verify that the current condition of the bridge is reflected and noted in the Load Rating Confirmation Statement. 7.8.7 Load Ratings done as part of an Emergency Bridge Inspection should take into consideration the damaged conditions. The governing load rating from the structure as a whole will be reported on the Load Rating Summary Sheet. 7.8.8 Each Load Rating Analysis shall be inclusive of the entire structure and based on current information.For example,in the analysis of a widening bridge structure,both new and old structure elements shall be investigated. 8.0 ELECTRONIC DOCUMENT MANAGEMENT All new inspection reports(including the CID,inventory and overflow photos,and bridge profiles) and load rating reports, produced as part of this contract shall be published into the Electronic Documentation Management System (EDMS)by the DEPARTMENT. All documents that are published into EDMS will be attributed and archived in a fashion outlined by the EDMS QA/QC Process. A-18 Page 272 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 Read and follow the steps outlined in the FDOT Process for obtaining OpenText from: littp://N,,,ww.fdot.gov/cvbersecun'tv/Consultaiits/EDMS-OpenText.slitm 9.0 QUALITY CONTROL AND QUALITY ASSURANCE PROGRAM 9.0.1 The CONSULTANT shall develop and submit Quality Control procedures to the DEPARTMENT at the kick-off meeting for review and approval. 9.1 Quality Control Plan 9.1.1 The CONSULTANT shall provide a Quality Control Plan. As part of the Quality Control Plan,the CONSULTANT shall conduct field and office quality reviews to ensure that the CONSULTANT's organization is in compliance with the requirements cited in the Scope of Services.Quality reviews shall evaluate the adequacy of materials,documentation,processes,procedures,training,guidance, and staffing to be used. 9.1.2 The Quality Control Program shall have a second peer review level. The peer review can be conducted internally by the CONSULTANT's organization or by subcontracting the review to another CONSULTANT firm. 9.1.3 Work performed by a firm subcontracted by the CONSULTANT shall be the direct responsibility of the CONSULTANT and shall be included in the Quality Assurance Program review. 9.2 Quality Assurance Plan 9.2.1 The CONSULTANT shall provide a Quality Assurance Plan. The Quality Assurance Plan shall detail the CONSULTANT's procedures, evaluation criteria, and instructions to the CONSULTANT's organization to assure conformance with the contract requirements. No payments will be made to the CONSULTANT until the Quality Assurance Plan is approved by the DEPARTMENT. The CONSULTANT shall revise the Quality Assurance Plan to keep it current with the Scope of Services. The plan shall include, but not be limited to, the following areas: 9.2.1.1 Organization - A description of the CONSULTANT's Quality Control organization and its functional relationship with that part of the organization performing the work under the contract. The authority, autonomy, and responsibilities of the Quality Assurance organization shall be detailed as well as the names and qualifications of personnel in the Quality Control organization. 9.2.1.2 Quality Reviews-The CONSULTANT's Quality Assurance methods used to monitor and assure compliance of its organization with the contract requirements for services and products. 9.2.1.3 Quality Records - The types of records and forms generated and maintained by the CONSULTANT dining execution of the Quality Control Program. 9.2.1.4 Quality of sub-consultants and vendors — The methods used by the CONSULTANT to control the quality of sub-consultants and vendors. 9.2.1.5 Quality Assurance Certification - An officer of the CONSULTANT shall sign and seal a certification accompanying each submittal stating that the structure inspection reports, load ratings, etc., have been prepared and checked in accordance with the DEPARTMENT's specifications. A-19 Page 273 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 9.3 Quality Report 9.3.1 The CONSULTANT shall develop and submit a quarterly report of the Quality Assurance actions performed by the CONSULTANT including sub-consultants and vendors.The report shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. Any modifications to inspection reports found to be necessary during the Quality Assurance inspections after the report has been accepted shall be made by submitting a letter to the DEPARTMENT indicating the Bridge No., Section of the report, element of the structure,and written description of the change. 9.3.2 The CONSULTANT shall submit a Weekly Status Report of report processing indicating the number of days each report has been in process. It shall also list those reports that have not been submitted to Florida's Turnpike Enterprise and are over (45) calendar days since the date of inspection. 9.4 Quality Reviews by the DEPARTMENT 9.4.1 The DEPARTMENT reserves the right to conduct quality reviews to verify that the CONSULTANT is in compliance with the requirements of this Scope of Services. The CONSULTANT will be required to submit a quarterly inspection schedule with proposed team members initials in order to assist and coordinate quality field reviews with DEPARTMENT representatives. The CONSULTANT is required to notify the DEPARTMENT of any changes made to the schedule. 9.4.2 Quality reviews will evaluate the adequacy of materials, documentation, processes, procedures, training,guidance, and staffing used. 9.4.3 Sub-consultants or vendors may be included as part of the Quality Review. 10.0 CONSULTANT MATERIALS 10.1 Materials to be Furnished to the CONSULTANT 10.1.1 State of Florida Department of Transportation Urban Area Functional Classification Maps are available for review at the DEPARTMENT Offices; 10.1.2 Previous structure Inspection Reports and other related structures files are available within the DEPARTMENT's EDMS application; 10.2 Manuals Manuals listed in this document may be purchased from the vendors listed below. 10.2.1 FDOT Manuals Florida Department of Transportation Maps and Publication Sales, Mail Station 12 605 Suwannee Street Tallahassee, Florida 32399-0450 850/414-4050 10.2.2 AASHTO Publications American Association of State Highway and Transportation Officials A-20 Page 274 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 P.O. Box 96716 Washington, D.C. 20090-6716 800/231-3475 10.2.3 FHWA Manuals U. S. Government Printing Office Washington, D.C. 20402 11.0 WORK SCHEDULE AND PROGRESS REPORTS 11.1 Notice To Proceed Meeting 11.1.1 The DEPARTMENT will conduct a Notice To Proceed meeting after the CONSULTANT has received the Notice To Proceed letter. As a minimum, the meeting will include the following personnel: DEPARTMENT Project Manager; CONSULTANT Project Manager; CONSULTANT Deputy Project Manager. 11.1.2 The DEPARTMENT will explain the financial and administrative details of the contract, establish ground rules upon which the work will be conducted, and transfer materials to be furnished by Florida's Turnpike Enterprise. 11.1.3 The CONSULTANT shall provide the DEPARTMENT with a proposed work schedule, an organization chart, and a proposed cost flow graph. 11.2 Work Schedule,Cost Flow Graph, and Organizational Chart 11.2.1 A proposed work schedule shall be submitted to the DEPARTMENT for approval. The schedule shall show how the CONSULTANT anticipates the work will progress from month to month to completion of the contract time. 11.2.2 A cost flow graph shall be submitted to the DEPARTMENT that will show anticipated cost flow by monthly increments. The work schedule and cost flow graph shall be in a format acceptable to the DEPARTMENT. 11.2.3 An organizational chart shall be submitted to the DEPARTMENT for approval.The organizational chart shall include personnel names and titles, team sizes, and personnel assigned to each work team. 11.3 Progress Reports 11.3.1 The CONSULTANT shall submit monthly progress reports showing work completed as measured against the proposed schedule.Monthly progress reports shall describe the work performed on each task and shall include a listing of work performed on each inspected structure by structure identification number. Accumulated project cost shall also be reported and compared to the proposed project cost. Progress reports shall be delivered to the DEPARTMENT with the monthly invoice. 11.3.2 The CONSULTANT shall submit a revised weekly structure inspection schedule on a monthly basis to the DEPARTMENT. 11.3.3 The CONSULTANT shall submit a monthly status report listing the item description and the work A-21 Page 275 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 performed on each item. Monthly Project costs shall also be reported and compared to the proposed Project cost. 11.3.4 The CONSULTANT shall submit a monthly report projecting the estimated billing through the end of the Project. The report will show anticipated monthly billing by item description and estimated number of units. A Cost Flow Graph shall be included showing the original anticipated cost flow, the actual cost flow to the current date,and the projected cost flow from the current date to the end of the Project. 11.3.5 The CONSULTANT's Project Manager shall meet with the DEPARTMENT or a designated representative on a monthly basis at the Florida's Turnpike Enterprise Operations Center office located at Pompano Service Plaza, MP 65, Florida's Turnpike. 11.3.6 The DEPARTMENT will compare the actual work accomplished against the CONSULTANT's proposed schedule to determine if work is progressing at an acceptable rate. 12.0 MISCELLANEOUS 12.1 Legal Proceedings The CONSULTANT shall serve as an expert witness,in any legal proceedings related to the work, if so requested by the DEPARTMENT's Turnpike Enterprise Legal Counsel. The fee for these services shall be established if,and when,they are needed. 12.2 Errors and Omissions The CONSULTANT shall be responsible for the professional quality, technical accuracy, and coordination of all analyses, reports, drawings, specifications, and other services furnished by the CONSULTANT under the contract. The CONSULTANT shall, without additional compensation, correct or revise errors and omissions (and approved corrections of same) that result from the CONSULTANT's substandard performance of the services described herein. 12.3 Contradictions In the event of a contradiction between the provisions of this Exhibit"A", Scope of Services, and the CONSULTANT's technical proposal,the provisions of this Exhibit"A" shall apply. 12.4 Term and Commencement of Work A. Duration of Contract The contract time shall be 48 months beginning on the date established in the Notice to Proceed by the DEPARTMENT. 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O 0 oc W a 0 G) rn rn rn rn rn m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m ci z ;''� 0 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 \ N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ . \ \ \ \ \ \ \ \ I– ci W W m m m �T qT qT qT qT n n n n -i .i .i .i .i .i .i m O O O O O N N N m m m m m m m O O W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Z O N N N N N N N N N N N N '..,'...ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci h_ 0 0 0 g 0 o o Zq 0 o 00 0 0 0 o o o o o 0 0 0 0 0 Ol O O O O w R O m 0 0 m 0 0 0 V,.m W 6 O Om Ln `4 O O O m ci ci ci m O O O O O ci m m m -i N .-i m .-i -1 O mm Ln 6 I� m Ln I� O O � Ln Ln oo m m � 11m W co N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r, r, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �7 F o n O m ci 0 0 o Ol N O O N N O w O w O O O O O O O m I, O O O N O O O O O q N N m 6 O w m N O 4 O m m N O N N O �4 m 0 O N Ln m W O m I, m m 4 4 4 4 .--� m 0 Z +LL.• m m O qTl0 m -i qT ci ci l0 00 w 00 00 m I, w w N m m N n qT qT J c-I ci ^ ci ci ci m .-i Ln N N N N .-i N N N N N .-i N M N .-i .-i m .-i ci 00 ci m N N N .-i N N 0 q 0 ',. co M ci ci ci m m ci qT m m qT N Ln N N N N N N N N N ci ci N m N l0 I, l0 l0 (J) r, 4. h O, a 0 Q. 0 N N N .-i .-i N N m N N m N N N N m m m m m N N N N N N N N N .-i .-i N N N N N N N Ln Ln h V mLn Ln Ln ci ci Ln m ci Ln Ln ci Ln Ln Ln Ln ci ci ci ci ci Ln Ln Ln m Ln Ln Ln qT m ci ci m m m Ln m m m qT qT d (J) W ' Q } � m z = � � LU W = o V J W w w m O W z Z Z m N qT g H U U m m U/ 2 Y J S J S > J U N J J J J J J = LLU z J J N Z V N N z W W m d Q m Q V Q Q Q Q Q Q V W YL CL' Y J V V Lll LL LL N U/ Q Q 06 Z Z o Q O 2 Q d Q Q Y Y Y Q Q Q Q H V Z Z W Y H Q Q LU W Z Q Q U z U H H Z W V V V H H H V V V V W V V H N N D Q V Q Q J H Y_ Y_ H Z Z Z Q W W W W W W W W W = � V \ ~ V V V V H N N O_ O_ ~ O Q Q V W Y 0 W O C7 � ci ci ci C7 C7 0 0 0 V _ W_ W_ ci o2S Z m W ci c c W t-- J J — J Y O Q = 00 Q Z Ol Ol Ol Q Q Q Q Q � V V N Ol O c-I Y d W Z S S p Q 7 7 LL Z N N J Q Y Z V Z Q m m m Z Z Z Z Z Q J J W m � O1 a S N J H H a m Q Q H H O 00 00 Z LU N W Q 00 W w w w W W w Q ~ H H a w m H ~ (7 C7 m m m V V U Q 000 < L,) z O � N N V N Q, �_ O1 0 0 LNn U) ca Q N > > J m m O N J N J = V V i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i Lr`ni 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 O O O O O O O O O N O m U qT W W Ln Ln m Ln 00 -1 m N N 00 Ol N l0 Ln m O O ci ci o N m w ci N N m O n ^ O O WLn ^ N .--I Ol l0 0 0 0 0 � .-i •--� Ol N N N N ci j m M m qt O Q g N m m � m `� m m W Q, d M o ci ci 0p LL ci c-I m O ci ci ci ci c-I c-I c-I c-I ci E m ci ci ci c-I ci ci ci N V) mo m Co a \ m -- � a O m m a H U) Ln Ln Ln m a a O m U) U) m m m m m n Q LL z z m z z m z z m z z z z z z ~ z z m Z Z Z N z m z n ao rn m O1 m rn rn rn rn rn m rn O m rn rn rn rn rn rn rn rn u rn O rn rn rn rn M m M m m ^ Ln N N N N N N N N N N N N N N N N N N NU) N N N N -L V 6� Q mm Ln Ln O ci 00 Ol qT O m N O N Ln O ci m w w w N Ln O O co Ln Ol m Ln 00 N co m O O 00 qT ci qT m m m O 00 m N m m O n .-i n 00 I, 00 m qT N -1 N O w 4 O m w m N Ln m N w O O N m LQ LQ O O qT 00 006 m m ' qT m � O N m m n O ' N N N O N N Ln Ln m �...... .-i .-i .-i N .-i O m N N qT m m m N l0 n l0 � O q ci ci c-I I� O O m 00 r'ci N O l0 ci ci 7 0 N _ 4 O O Z ci ci ci ci ci ci ci ci ci ci ci ci ci ci O ci ci ci ci ci ci ci ci ci ci 00 ci ci ci ci ci ci ci ci ci N ci ci Ln Ln 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 0 O O O O O O O O O n O O O O OOOOOOOOOOOOOOOOOOOOOOOOO0OOOOOOOOOOOOOO Q � O '..O N m qT n .-i N W Ln qT Ln M .-i M .-i N m qT Ln qT .-i N O W M M M ci W N Ln m M N ci O W ci Ln W w i ..ci O O m qT O qT qT m O O m 00 .-i qT n n n n 00 qT ci O w I, .-i m .-i w 00 00 00 qT 00 N m I, m .-i .-i O O O m qT 0 -1 -1 N O O N m qT qT 0 0 0 0 0 N 0 0 0 0 -1 -1 0 0 0 0 0 0 0 .-i O O m m m c ++ d d d O O d O O O d d 0 0 0 0 0 0 0 0 0 0 d d O O O O d O O O O O O O O O O O O _M m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m qT qT qT qT qT qT r, r, � y ',. 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N N O c-I N l0 O I� l0 c-I ci N Ol Ol Ol " m m Ol -i Ol -i Ol m N N m m Ln Ln N -i -1 N N 0 J '.N N N N N N N m N N N NN N N .--I � � N m N N .--I ci ci ci m 00 °° m m ci ci N c-I ci 00 °° � ',. co m y m m N N N N N m N N N N qT m m m qT qT 00 00 Ln I, N Ln Ln Ln Ln Ln I, m m 00 00 Ln Ln N Ln Ln m m 4. h O, a 0 W m m m m m m m m m m m m m m Q G ci ci ci ci ci ci ci ci ci ci ci ci N N N N N N N N N N N .-i .-i .-i .-i N .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i T U LU h m...,ci ci ci ci ci ci ci ci ci ci ci ci Ln m Ln Ln Ln Ln Ln Ln Ln Ln ci Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln ci Ln Ln Ln Ln (J) LU 0 002 a } � m W = J J O V LA Q Q U w H Z Z W (J Z Q Q J J _ _ m H Y Q 2 2 u u Q Q Q Q Q 2 2 2 2 Q W Y V V Q 2 J = J = Q = = Y Y w w Q 2 2 d Q Z E H H Z Z Z Z Z H H H H Z U W W W O Q H O Z Q Z Q Q Q Q W W W W Z Q Q V V o m F- Q Q V V V V V Q Q Q Q u w m m 2 2 N V Q N 0 0 0 O V O O w w V V (Qj 0 0 ~ ~ Q W W W W W W W W W W W LLQ d V O O J J J W J V J V J J J V V J J Q Q (7 (7 w (7 (7 (7 W n ^ ci i W W J J J N J N N N W W W N N J J Q Q Q Q Q Q Q Q Q Q Q Q J N N m m z d Q z Q J Q J J J W W Q J J Q Q LL Z Z Z Z Z Z Z Z Z Z Z z Y cn cn °2S °2S Q H Z Q LL � LL L ~ LL Q (7 (7 z LL � LL LL H H Q Q Q Q Q Q Q Q Q Q Q Q Z Q Q V Q V ~ H ~ H H H Q Q Q H H p p Q Q Q Q Q Q Q Q Q Q Q p H LL LL W W N Q 0 O O N O O 0 0 0 0 0 J J (D (7 N Z Z Q Q i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i Lr`ni 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 O O O O O O O O O N LnO Um m m n n n m N Ln N m w W l0 qT m0 qT m0 w W m m w w N m Ln ci N Ln I, n M m I, qT W N N m M Ln n ^ 00 w 00 Ln Ln c-I O I� ci ci ci ci ci chi ci chi Ln Ln Ln Ln ci Ln Ln Ln Q chi Ln n n r, 0 O W 00 00 00 00 00 00 00 00 W .-i .-i .-i .-i .-i .-i .-i .--� •--� .--� •--� .-i .-i .-i .--� •--� •--� •--� Ln Y Y Y Y Y Y Y Y Y Y Y Y CO Y Ln Y Y Q Y Y Y ci Y 7 d d d a d d d d d � d N d Q CL d CL d d Y d Y Y Y d d d d d d d d d rn J H H H H H H H H H Y H Q (7 H Q Cl) H � \ \ \ CO Co \ \ \ \ \ CO \ d m w Z m m m 2 � m m m m m 2 CO CO CO CO CO CO CO CO CO CO m U. ci ci Z Z Z N Z Z Z Z Z Z N Z Z N N Z N W Z Z N N Z Z N Z N Z N Z Z N Z N Z m m m m m m m m mw a) m O 00 m m m Q 0) O�j 0) m Q m m Ol Ol Ol Ol 0) Ol 0) Ol N N N N N N N N N N N N N N N V N N N c N N N N N N N N N N N N N N N N N � G Cl) m O m qT qT l0 ci N N O N 00 I, Ol N n 00 m Ln Ln Ln N N m m m 00 O O r, n ci O m m 0 0 W I� n m o qT o qT m W W Ln Ln 0 0 0 0 0 Ln O qT Ol Ln Ln Ln Ln N m Ol m Ol O O N N Ln Ln m m '.'ID mLn ' l0 O ' � Ln Ln W Ln 0) 0) O r� 00 O N 0) W W . m p ci 00 Ol Ol l0 l0 .--I O ci .-i .-i .-i .-i .-i .-i .-i .-i .-i N N .-i N N N m I� n ci ci m m N ci ci Ln Ln 7 U) N LL 4 O Z ':. .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i O 00 ci ci ci O .-i .-i .-i .-i .-i .-i O .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i .-i N YJ ' m m m m m m m m m m m m m m m m O l0 m m m O m m m m m m O m m m m m m m m m m m 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 O O O O O O O O OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO 0 Q � O N I, O W n Ln .- W qT i qT W O O m N qT Ln Ln W I, m W m Ln m I, W Ln W O m n W W m O W O W N qT w y w I, n n n O O w w O ci O m I, m m m m m I, m m w 00 m m w w w m w m m m w w w w w w O O O O O -1 -1 O O -1 -1 O O O -1 -1 O O O O O O O O O O O O O O O O O O O O O O O O C: ++ O O O O O O O O O O O d 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 23) V Ol Ol Ol Ol Ol qT qT qT qT qT qT qT qT qT qT qT qT qT qT qT qT qT qT 00 00 00 00 qT 00 00 .-i .-i .-i .-i qT 00 00 .-i .-i � y ',. 00 00 00 00 00 m m m m m m m m m m m m m m m m m m m 00 00 00 00 m 00 00 m m m m m 00 00 m m O Vf.... O 0 oc 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 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 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 O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m m m m m m m m O O O O O O O O O .\- yLI N N N N N N N N m m m m m m m m m \ \ \ \ \ \ \ \ •--I ci ci ci ci ci ci ci ci ci ci N N N N N N N N N N N N N N N N N N N N N N N N N N N h_ O O O O O O O O O O 0 O O O O O O O O O O O O O O O O m 0 O O O O O O O O O O O f: cl cl cl cl cl cl cl cl Ol 0l m m m m O O Ol Ol Cl Cl Ol Ol Cl Gl W d - It M d d I, m N O O O 00 00 00 00 00 00 00 00 00 00 C, W W W W O 0 W W W W O O W W Lfl 4 N W W O m m N N Lfl m m m Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln � Ln Ln Ln Ln Ln Ln Ln Ln � � Ln Ln � m � r4 Ln FZ Ln Ln F� �i qi m qi qi qi W co N H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 o 0 0 0 0 0 -i " rn o 0 000 0 0 0 0 0 0 0 00 Iq 0 cq o 4- Eci ci ci ci N N O O O N O ci ci ci ci ci ci m m w w qt m m O O w w w w ci O O I, m m I, Z +LL.',,.n n n n w w w w w w ci N N I, n N N N n n N N M I, O m n W 00 00 00 00 N w Ol ci Ol 0 J ci ci ci ci ci ci ci ci ci ci ci N N ci ci N N N N ci ci N N N N ci m N .-i .-i .-i .-i .-i .-i N ^ N N N N N co',. 0 MN N N N N N N N N N m N N N N N N N N N N N N N N qt qt qt N m m m m m m d m N 4. LA h O, a 0 M 0 N N N N N N N N N N .-i N N N N N N N N N N N N N N N N N N N N N N N N N N N h V d W 00 Q } � m LU = o V Ln LU > > p p p Q O (7 > > m m m m > > p p p p X X V V V w m d p m m Y Y J J m m p p p p W W J J J LL a- < p Q Q Q p J Q m F- vwi vw) p p V V a a Q W w O O z v~i Q Q Q w v~i p Z Z w w Z Z Z Z Z V V w w p p N N N N w w w 0) 0) 0) V V V (7 ci 00 Q 00 H z z Q Q Q Q Q Q v a a Q Q > > n n z z m m m w w w n m m LLJY Y cc N N J J N N Z Z O O Q W W W z W LL ',.00 00 Q Q G G Q Q Q Q J J Q Q W W N N } } Ur w w w O > O O D D � m m V w w Q Q V V I, ^ > >_ p p J J N _c Z Z Z V V V w N Q N 00 00 V V O O w w c-I ci N N G W W W W 00 0^ O^ 00 00 N N V V O O 00 00 00 00 Q Q Q Q W 00 00 N N � � N N N N N N N i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i Lr`1i 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 O O O O O O O O O N O p O 0 ^ n l0 Ol pmj W W m m n Ol uW LL(I u^ ( Ln Ln m O N � m 0 m C) Ln O O N N Ln -1 � ri •--I 0 •--I N N N c-I ci ci ci (Y) ci m O ci (Y) m Ln Lfl 00 00 O ci l�0 0�0 0�1 N O c I N N N Lfl M M M ci N ci J Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q a a Q Q Q Q Q Q Q Q a Z o2S H H a a a = = = = Cl) L7 CO CO CO CO CO CO CO CO Cp N N N N N N \ \Ln N N N N N N N N Y Y CO CO Cp CO ~ ~ ~ ~ m m m Q Z N Z N N Z Z N m \ CO CO CO CO Z Z CO CO CO CO CO CO CO CO d d d m m m m N m m Z N Z Z N Z N Z N Z N Z N Z N Z Z N Z Z N N N N N Z Q U. m 0) 0� 0) 0) 0� 0� m Ol Ol 0) F H ci 00 00 l0 00 l0 l0 00 00 l0 W W W W W W W w w w W w W N ci ci 0a1 0a1 Ol Ol m m m 00 N N N w W 00 W 00 00 W W 00 00 00 00 00 00 00 0000 00 00 00 00 00 00 00 00 00 w w w 00 00 00 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 7 Cl) m m Ln Ol Ol Ol Ol w w 00 00 00 Ol N n n w w Ol Ol m m Ln 00 00 a) a) 0 qT LQ LQ � � LQ LQ LQ LQ 0 ci 00 N Ol Ol qt O O w m Ln N ci W Ln O O N N qt qt .-i ci Ol 0) O W Ln ci ci ci N Ln Ln O ci ci m .-i m c-I ci m m Lfl Lfl W W O O ci m m 'zT qT ^ Ln Ln w w 00 00 0) 0) O O O ci N N O N N O (z; O ci N ci m �......`.. c-I ci ci ci ci ci ci ci ci ci ci ci ci ci ci 7 U) N LL 4 p z Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol c-I ci ci ci ci ci ci ci ci ci ci ci ci ci ci N YJ w w w w w w w w w w w w w w w w w w w w w w w w w m m m m m m m m m m m N N N N 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O O O O O O O O O O O 00 00 00 00 0 '0000000000000000000000000000000000000000 Q � O N N m qT M W I, W M O -1 N qT M W I, qT M W M O ci N m qT M W O ci W M W I, W M O n ci N m M w o0 00 00 00 00 00 00 w m m rn m m m m qT qT m m 0 0 0 0 0 o m w 0 0 m m m m m 0 o m m m m c +• 0 0 0 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 O O O O O CA V w w w w w w w w w w w w w w w w w w w w w w w w w n n n n n n n n n n n n n n n U) i 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O O 0 oc W a 0 0 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 m 0 0 0 0 0 0 00 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N .-i N N N N N N N N N N N N N 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 O O O O O O O O N N N N N N N N N N N N N N N N N N N . . N N N N N N N N N N N N N N N N N N N ~ '.\i N N N N m m m m n n n n n W W W W W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ L\ L\ L\ L\ w m m m m m mI� Ol n n n n n 01 01 Ol y,IN N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ •--I ci ci ci ci N N N N N N N N N N N N N N N N N N N m m m m m m m m m m m m m m m m m m m m m h_ 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 O O O O O O O O EO O O n n O � Ln m m m .i m Ol m .-i .-i m qtN qtm 0 0 0 r W N qt .-i qtO O O m 0 0 0 0 0 W m W m Ol Ol Ol W .-i I, m m m n Lfl 6 6 6 6 0 I-� m m m m m m n W I-� m W N Ol Ol 6 m m m m m ".:qT W qT N N Ln Ln I, w Ln Ln Ln w w Ln Ln Ln Ln w w Ln Ln Ln Ln Ln Ln 00 w m m Ln w Ln Ln w W W W W W W co N _ 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 O O O O O O O O H O m m m m qT O O O O qT O O m m m O m -1 O N W O m w O I, O m m O O ci O W O m M LQ O tL 6 m m Ln oo O N m N O 4 O O 00 N m O N m m I, N o m oo o 4 O l0 l0 o O m m m m m m m Ln o O +....-i I, I, L!1 00 m -i m -i 00 m " o0 .-i O m .-i O m O I, 00 O I, 00 O L!1 N N O L!1 L!1 L!1 m m m m m O J N N N N N m .--I m ci ci m N .--I � N .--I N N ci N N ci N N ci N N ci ci ci N ci ci ci N m N m co N N ',. m y N Ln Ln Ln Ln qT m qT m m Ln m m W m m m m m m m m m m m N qT m m m N m N N qT qT qT qT qT m ++ h O, a 0 Q Q. 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N .-i ci N N N N N N N N N N h V LU 00 2 a } � LU = o =O N p Q Q p Z Z Z p Z V N p p 2 Q 2 Q J N N tin LLQ m m p p H Y LL 0 0 J J W w < V < V p V V V V H H p m w m w a JW z W z Z Z Z Z N p N p > J J J J Z Z W p W p Q Z m J J D O CL m CL m Q > ~ Q > O N H O N Q p Q p Z m Q Q Q Z Q W W m p H p H Z z Q Q ci ci O 0 m ci 0 m ci O m w m w � Z Z Z Z V V Q m Q m r, Q z z u cv Q cv Q cv `n r, 00 � 0 cv w 0 cv Q O Q O z Q U v U z v > > Q p p p p v Q W V V Q Q V J V J M ci N c-I Q J N Q J Q D Q 2 m W W W 2 W O O LU m Q LL Q � � UUNZQNZQm � � O° � � Q � < QQQ � ' � � � � ' � � � � WaWQ � ID o o m U m U N N V U N 00 N 00 -i V Y Y Y -i Y -' -' U co c cf qT qT c''i 'N' c''i r'4 N Q Q Q N Q 'N' r'4 ci ci N N N N N N N m m m m N N i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i Lr`1i 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 O O O O O O O O O N O p l0 rl l0 l0 m 00 w m w N I- m N 00 00 U � � ^ ^ ^ Lfl N .--I N .--I ci � m N I� Lfl Ol N N N 00 Ol I� Ln N N N 0 W m ^ N O n Lfl O � n 00 ci LO ci LO .-i N .-i `� .--I c-I .--I N N N N m N m m U N N m q m w w l0 n 00 to n m m ci M Ol ci ci ci ci m m ci ci ci ci ci ci ci ci ci ci L11 L~L L~L LL H H LL H H H LLL H H H H H H H H H H H H N Z H H H m H Co m Co Ln W W W LL LL W LL LL LL LL W LL LL LL LL W LL LL LL LL LL LL LL LL LL p LL LL LL LL Z LL N Z LL N LU w w w w_ w w w w_ w w w_ w_ w w w w w w w w w p W W W W w w 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 = 2 _ 2 LLLL Cl) S.7 m m m m m m m m m m m m m m Co m m m m Co Co Co m m m Co Co m J J m m Co m W Ca W W m LLQ m Q Z N Z N Z N N z Z N N N z Z N N Z Z z N N N Z Z Z N N N V V Z Z N Z 2 N 2 2 Z 2 W LL '....N `� `� c-I ci `� ci ci ci `� ci `1 ci ci ci ci ci ci ci ci ci ci ci c-I ci ci ci ci ci N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N w w W w W w 00 00 w W 00 00 00 W 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Ln N N N N N N w W W W N w W N w w N W W W W W W W W W W N W W W W W W W W W W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 7 Q Cl) m m m n N c-I I� ci N m Ol l0 Ol 00 I� l0 N m O qt m w w W O I, w .-i .-i w W W Ln m .-i m m m 00 -1 .--I N N N N n LQ Ol r� m N N � O0 O0 O0 O0 O O I� n ci O O 00 .-i 00 N .-i 00 N O � rl 00 Ln .--I .--I l0 .-i I� LO c-I ci ci ci N -1 ci ci N N N N m N m qT m �......'N N N O O m 4 m 4 Lfl l0 l0 Lfl l0 I� 00 l0 I� 00 6 6 � Ol Ol c-I c-I ci ci O 0 c-I ci ci ci ci ci ci ci ci ci 7 N N LL 4 O z._:. ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci O N LyJ ".N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 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 O O O O O O O O Q � O N '..O W M N m M O O ci O ci N .-i N m qT m qT M M W I, W n W .-i qT N O -1 N M m W I, M qT W .-i M �j i O I, w O O I, w m m I, I, I, w w I, I, w w w I, I, I, w w w w w w N N m m w m m w m m O m 7.. 5..qT .-i m m m .-i .-i m m ci ci ci m m ci ci m m m ci ci ci m m m ci ci ci N N m m ci m m ci ci m qT ci c ++ 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 O O O O O O O O CA V n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n U) i 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O Vf.... 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ON ROUTE: Roadway Traffic and Accidents: • Recent ADT (29) • Year(30) • Future ADT (114) • Year(115) • Truck % ADT (109) UNDER ROUTE: Roadway Traffic and Accidents: • Recent ADT (29) • Year(30) • Future ADT (114) • Year(115) • Truck % ADT (109) The items for which the CONSULTANT is responsible for during an initial inspection but not responsible during a routine inspection should not change during the routine inspection. Page 1 of 1 Page 311 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 EXHIBIT `B" METHOD OF COMPENSATION 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Consultant for the services described in Exhibit "A", Scope of Services, and the method by which payments will be made. 2.0 COMPENSATION For satisfactory completion of all services detailed in Exhibit "A", Scope of Services, of this agreement, the Department will pay the Consultant a Total Maximum Limiting Amount not to exceed $4,828,828.00. It is agreed that this amount will be the limit of all compensation due the Consultant for completion of the services detailed in Exhibit"A". 2.1 Summary of Compensation The Total Maximum Limiting Amount will include the elements defined in the Contract Compensation Summary Table below: Contract Compensation Summary Table 192357-1-72-01 Firms Compensation Method of Limit/ Amount Element Payment Estimate Descri tion TranSystems Corporation d/b/a Basic Services Defined loaded Est. $4,750,384.00 TranSystems Corporation Consultants rates for each Marlin Engineering,Inc. class/person/unit of work(LA-4) TranSystems Corporation d/b/a Optional Defined loaded Est. $50,000.00 TranSystems Corporation Consultants Services rates for each Marlin Engineering,Inc. class/person/unit of work(LA-4) D.Peryea&Co.,LLC MOT Services Defined loaded Est. $28,444.00 MOTplans.COM,LLC rates for each class/person/unit of work(LA-4) TOTAL MAXIMUM LIMITING AMOUNT: $4,828,828.00 Estimated, non-binding limits are provided for project management purposes. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Section 273.02 Florida Statutes. B-1 Page 312 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 2.2 Details of Compensation Limiting Amount/Cost Reimbursement Elements For the following elements which are established as reimbursables, the Department will compensate the Consultant, subject to the total established limiting amount, for all reasonable, allocable and allowable costs incurred in the categories defined below. The reasonableness, allocability and allowability of compensation sought under this agreement is expressly made subject to the terms of this Agreement; Federal Acquisition Regulations; Office of Management and Budget Circulars A-21, A-87, A-102, A-110; and any pertinent Federal and State Law. Basic Services/MOT Services- (LA-4) Subject to the established limiting amount, the Consultant will be compensated for these services based on the rates provided in Table 6 of Section 5.0. No multipliers will be applied to these rates. Payment for such services will be based on approved time incurred during the billing period. Optional Services- (LA-4) Subject to the established limiting amount, the Consultant will be compensated for these services based on the rates provided in Table 6 of Section 5.0. No multipliers will be applied to these rates. Payment for such services will be based on approved time incurred during the billing period. These services are optional and will not be performed unless needed. If these services are determined to be necessary by the Department, a letter of authorization must be provided to the Consultant prior to commencement of work. 3.0 INVOICING PROCEDURE The Consultant will be eligible for progress payments under this agreement at monthly intervals or when individual tasks or mileposts defined in this agreement are completed or reached. Invoices for this agreement will be prepared by the Consultant and submitted through the Department's web-enabled Consultant Invoice Transmittal System (CTTS) Internet application. The invoices will be supported by such information as may be required by Department procedures to substantiate the charges being invoiced. The Consultant will maintain for this purpose a job cost accounting system that is acceptable to the Department. If requested by the Department, the final invoice for this agreement will be accompanied by a certified job cost summary report generated by the Consultant's accounting system. The report will include at a minimum the total number of hours and salary cost actually B-2 Page 313 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 charged to the project, the total miscellaneous direct expense, and total sub-consultant cost charged to the project. The Consultant will report sub-consultant payments through the Department's Equal Opportunity Compliance System on the Internet. Failure to submit sub-consultant payment information may be cause for rejection of the invoice. Within thirty days after receipt of final payment, the Consultant will report final sub-consultant payments through the Equal Opportunity Compliance System. The Consultant will pay all sub-consultants their proportionate share of payments received from the Department within thirty days of the Consultant's receipt of payment from the Department. The Department will render a decision on the acceptability of services within 5 working days of receipt of either the services, invoice, or progress report, whichever is later. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Department. Any payment withheld will be released and paid to the Consultant promptly when work is subsequently performed. 4.0 PROJECT CLOSEOUT 4.1 Final Audit If requested, the Consultant will permit the Department to perform an audit of the records of the Consultant and any or all sub-consultants to support the compensation paid the Consultant. The audit will be performed as soon as practical after completion and acceptance of the contracted services. In the event funds paid to the Consultant under this Agreement are subsequently properly disallowed by the Department because of accounting errors or charges not in conformity with this Agreement, the Consultant agrees that such disallowed amounts are due to the Department upon demand. Further, the Department will have the right to deduct, from any payment due the Consultant under any other contract, any amount due the Department. 4.2 Certificate of Completion A Certificate of Completion will be prepared for execution by both parties stating the total compensation due the Consultant, the amount previously paid, and the difference. Upon execution of the Certificate of Completion, the Consultant will either submit a termination invoice for an amount due or refund for overpayment, provided the net difference is not zero. B-3 Page 314 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 5.0 COMPENSATION RATES The following tables are provided for definition of contractual rates. Table numbers not listed are not included in this document. Table 6 —Loaded Billing Rates METHOD OF COMPENSATION TABLES Table 6—Unit Rates *No multipliers will be added to the following rates. Consultant Item Unit Rate TranSystems corporation d/b/a TranSystems Assistant Bridge Inspector $79.23 Corporation Consultants Home HOUR Chief Engineer 1 Home HOUR $254.51 Chief Engineer 2 Home HOUR $275.20 Emergency Bridge Inspection Each $5,033.92 Emergency Bridge Inspection $7,484.68 and Load Rating Each Emergency Load Rating Each $2,676.89 Engineer 2 Home HOUR $159.27 Initial Bridge Inspection Each $2,505.49 Initial High Mast Light Tower $973.91 Inspection Each Initial Sign Inspection Each $1,706.29 Interim Bridge Inspection Each $1,522.06 Load Rating Analysis Each $3,249.13 Post Rehabilitation Bridge $2,534.27 Inspection Each Post Repair Bridge Inspection Each $1,448.34 Project Manager 3 Home HOUR $254.21 QC OF Emergency Bridge $195.59 Inspection (MARLIN) Each QC of Initial LNQC $237.26 Inspections Each QC of LNQC Penetration $206.16 Dive Inspection Each QC of Routine LNQC $230.97 Inspections Each QC of Routine/Initial Sign $140.56 Inspections (Marlin) Each QC OF Underwater Inspection Each $121.87 Routine Bridge Inspection Each $2,270.06 Routine High Mast Light $899.95 Tower (HMLT)Ins ection Each B-4 Page 315 of 1128 DocuSign Envelope ID:209F24B1-5239-425E-8AB3-945EC5CD6255 TranSystems corporation d/b/a TranSystems Routine Sign Inspection Each $1,664.01 Corporation Consultants Secreta /Clerical Home HOUR $73.66 Senior Certified Bridge $115.90 Ins ector Home HOUR Special Bridge Inspection Each $1,770.88 Assistant Bridge Inspector $68.96 Marlin Engineering Inc. Home HOUR Emergency Bridge Inspection Each $5,329.54 Engineer 2 Home HOUR $174.13 Initial LNQC Inspections Each $1,643.51 Initial Sign Inspection Each $1,641.74 LNQC Penetration Dive $2,372.75 Inspection Each Project Manager 3 Home HOUR $278.58 Routine LNQC Inspections Each $1,493.53 Routine Sign Inspection Each $1,502.92 Secreta /Clerical Home HOUR $69.19 Senior Certified Bridge $118.82 Inspector Home HOUR Underwater Inspection Each $1,101.17 D. Peryea& Co., LLC Snooper Da $2,950.00 MOT lans.COM, Inc Lane Closures Da $605.00 B-5 Page 316 of 1128 TranSystems XMT@��> 3230 W.Commercial Blvd. Suite 450 EXPEMENCE I Transportation Fort Lauderdale, FL 33309 Tel 954 653-4700 www.transystems.com July 24, 2020 Mr. Gary Dunmyer, P.E. City Engineer Public Works, Engineering 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 DunmyerG bbfl.us RE: Technical Engineering and Assistance Services in Completing GIP grant Application for Bridge No. 935306 (SW 22nd Way) PRICE PROPOSAL Revised Mr. Dunmyer, Based on our discussion and your email request dated July 14, 2020, TranSystems Corporation d/b/a TranSystems Corporation Consultants is pleased to submit this proposal to provide professional engineering consulting services for the City of Boynton Beach. This letter details the services TranSystems proposes to perform in connection with this project and the pricing at which TranSystems proposes to perform this task work order. This project consists of providing our technical assistance and expertise in the preparation of the following three (3) main sections of the GIP grant application: 1. Project Description 2. Project Implementation Plan 3. Project Budget SCOPE OF SERVICES: In accordance with your July 14th email, we have developed the following scope of services for this task work order: ■ Provide assistance in the write up of the project description to include proposed activities, project benefits, details of the work involved, anticipated outcome and maintenance requirements after the project is completed. ■ Assist the city with the completion of the Implementation Plan Template provided in Appendix D of the GIP documentation. Page 317 of 1128 i� � j y> ® m V� EXPEMENCE I Transportation ■ Help the city completing Budget Worksheet provided in Appendix E of the GIP application. We understand that project budget must be reasonable, appropriate and accurate. LUMP SUM SERVICES As compensation for the performance of the above-described Services, TranSystems will be paid the amount$14,900.00 by the City of Boynton Beach. These are loaded rates and include all labor, overhead, employee benefits, profit margin, and expenses. Invoices for progress payments will be based on the progress made as of the time of billing. We trust that you will find our proposal satisfactory. Please feel free to contact the undersigned if you have any questions regarding the above. e y truly y urs G. Alan Klev ns, P. . Pri cipal/Seni r Vice President Tr Systems orporation d/b/a Tra Systems orporation Consultants Page 318 of 1128 Bridge No. 935306 - SW 22nd Way Over Lake Ida Canal Site Photographs: Aerial Photo 1—This photo is from Google Maps. The SW 22nd Way Bridge is circled in red. Notice this municipally owned and maintained bridge serves as the only access to the FPL Substation. The bridges limited capacity would prohibit FPL's ability to serve the public should the substation fail. � tt a _ � ��;'t•�, i t r, �t 5�.1'�'�'+.1 �}���� + - � ��<�F�� �t` i tft�f t1i,Y,, l'� �tIDt`��G } t i � Photo 2—This photo is taken from the SW 23rd Ave Bridge (owned by Palm Beach County) looking south at the SW 22nd Way Bridge. The bridge was constructed in 1953. t ;w 1 Pa g Page 319 of 1128 Bridge No. 935306 - SW 22nd Way Over Lake Ida Canal Photo 3—This photo is taken looking east at south side of the bridge. Notice the 8" DIP water main suspended from the bridge. In addition to providing access to the FPL substation,this corridor is a utility corridor. Also this guard railing does not meet current design standards. The rail is about knee height and would allow someone to trip and fall over the edge of the bridge. r a i 3 �i� - l�rii 1154}A)��S �1 ' Jttt S f�IS1ti 1i)i sli i^" tr s e 2 ) P a g e Page 320 of 1128 Bridge No. 935306 - SW 22nd Way Over Lake Ida Canal Photo 4— Image of the North side of the bridge. Notice all the utilities connections to the bridge. Also this guard railing does not meet current design standards. The rail is about knee height and would allow someone to trip and fall over the edge of the bridge. l�I�1Q;Y �l�t� rl"�1�1+�1"4 1111 f i k \ 1 3 Pa g Page 321 of 1128 6.D. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-080- Approve Award of and authorize the City Manager to sign the EQUIPMENT LEASE AGREEMENT between Tanner Industries, Inc. ("Lessor") and The City of Boynton Beach ("Lessee"). Explanation of Request: On 10/02/18, City Commission approved utilizing the City of Stuart Bid No. ITB No. 2019-100 for Chemicals for Water Treatment and Water Reclamation Facility, with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing. Tanner Industries provides anhydrous ammonia to the Utilities Department on an "as-needed" basis, The Contract allows for two (2) additional one-year renewal options with the same prices, terms and conditions. The vendor agreed to renew the Contract for the first one- year renewal option thru 2020, which was approved on September 17, 2019 by the City Commission. The equipment and accessories leased pursuant to the Agreement will only be used to store Lessor's Anhydrous Ammonia. The equipment and accessories (the Equipment) leased pursuant to the Agreement are the following: 1 — 1,000 Water Gallon Anhydrous Ammonia Storage Tank The initial term of this lease shall be for a period of 60 months commencing on delivery of the equipment, thereafter, this lease shall continue from year to year unless terminated by either party on 30 days prior written notice. Rent for the Equipment shall be$100.00 per month. The Equipment will be installed at Lessee's premises at 1620 South Seacrest Blvd. Boynton Beach, FL 33435 The Equipment will only be used to store Lessor's Anhydrous Ammonia. How will this affect city programs or services? Utilities is currently leasing an ammonia storage tank from Tanner Industries at the East Water Treatment Plant and is in need of a second ammonia tank at the East Plant. Fiscal Impact: Budgeted Rent for the Equipment shall be $100.00 per month, $1,200 annually. Alternatives: The alternative is to not lease the second tank and continue on with only the one tank. Strategic Plan: Page 322 of 1128 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Contracts Vendor Name: Tanner Industries Start Date: 8/19/2020 End Date: 8/18/2025 Contract Value: $1,200.00 annually Minority Owned Contractor?: Extension Available?: Yes Extension Explanation: This lease shall continue from year to year unless terminated by either party on 30 days prior written notice. ATTACHMENTS: Type Description D Resolution Resolution approving Equipment Lease Agreement for storage tank D Agreement Tanner Ind & City of Boynton Beach Equipment Lease Agreement 8-12-20 Final RW D Addendum Signed Renewal Interest Letter- Tanner I ndustries D Addendum Stuart Renewal Letter-ANHYDROUS IAIAlI Page 323 of 1128 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AWARD OF AND AUTHORIZING THE 5 CITY MANAGER TO SIGN THE EQUIPMENT LEASE AGREEMENT 6 BETWEEN TANNER INDUSTRIES, INC. ("LESSOR")AND THE CITY 7 OF BOYNTON BEACH ("LESSEE"); AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, Tanner Industries provides anhydrous ammonia to the Utilities 11 Department on an "as-needed" basis; and 12 WHEREAS, Utilities is currently leasing an ammonia storage tank from Tanner 13 Industries at the East Water Treatment Plant and is in need of a second ammonia tank at the 14 East Plant; and 15 WHEREAS, upon recommendation of staff, the City Commission does hereby 16 approve award of and authorize the City Manager to sign an Equipment Lease Agreement 17 with Tanner Industries, Inc., for the lease of an Anhydrous Ammonia Storage Tank in the 18 annual amount of$1,200.00. 19 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves award of and authorizes the 25 City Manager to sign an Equipment Lease Agreement with Tanner Industries, Inc., for the 26 lease of an Anhydrous Ammonia Storage Tank in the annual amount of$1,200.00, a copy 27 of which is attached hereto as Exhibit"A". 28 Section 3. That this Resolution shall become effective immediately. 29 S:\CA\RESO\Agreements\Tanner Industries Equipment Lease Agreement-Reso.Docx Page 324 of 1128 30 PASSED AND ADOPTED this day of August, 2020 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice-Mayor—Ty Penserga 37 38 Commissioner—Justin Katz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Christina L. Romelus 43 44 VOTE 45 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 56 S:\CA\RESO\Agreements\Tanner Industries Equipment Lease Agreement-Reso.Docx Page 325 of 1128 EQUIPMENT LEASE AGREEMENT THIS AGREEMENT made as of this day of AUGUST,2020 between Tanner Industries,Inc.("Lessor")and The City of Boynton Beach("Lessee"). The equipment and accessories(the Equipment)leased pursuant to the Agreement are the following: 1—1.000 Water Gallon Anhydrous Ammonia Storage Tank NB# The initial term of this lease shall be for a period of 60 months commencing on delivery of the equipment,thereafter,this lease shall continue from year to year unless terminated by either party on 30 days prior written notice. Rent for the Equipment shall be$100.00 per month payable upon receipt of invoice. The Equipment will be installed at Lessee's premises at 1620 South Seacrest Blvd.Boynton Beach,FL 33435 Lessee owns/leases those premises. The Equipment will only be used to store Lessor's Anhydrous Ammonia unless Lessor first consents in writing to the contrary. Lessor will arrange to have the Equipment shipped to Lessee with transportation charges from location of manufacture or storage to Lessee's plant paid by Lessee. Lessor will arrange to have the equipment inspected and integrity tested by a certified inspector prior to shipping to Lessee, such inspection to include thickness testing and engineering evaluations according to American Petroleum Institute Standard 510 or similar approved standards("API 510").Lessor will also arrange future API 510 or equivalent inspections at five year intervals, however,Lessee will be responsible for the cost of all such future inspection(s). Lessee will be responsible for the installation of the Equipment,including the installation of appropriate foundations,fences and other site preparations,and Lessee will maintain all installation materials in good condition. Lessee will install,maintain and use the Equipment in compliance with all applicable laws and regulations. Lessee is responsible for controlling external corrosion and the general maintenance of the Equipment covered by this Agreement which includes repainting of the Equipment where appropriate. Lessee will bear the cost to replace gauges,valves,fittings,vaporizers and heaters,if any,supplied with the Equipment. Lessee will be responsible for any license and/or inspection fees or taxes arising out of its possession or use of the Equipment; and for all risk of loss to the Equipment during the period of Lessee's possession of the equipment,including the period of installation, removal,and transportation back to Lessor's terminal/warehouse facilities following removal,including any applicable costs associated with the off loading of the vessel on our premises i.e.crane charges. It is the responsibility of Lessee to comply with all regulatory obligations including,but not limited to,registrations and fees, training and reporting requirements under all Federal, State and Local laws, codes and statutes resulting from the presence of the chemicals and/or equipment supplied in connection with this agreement. Further,it is the responsibility of the Lessee to warn and protect its employees and others exposed to the hazards posed by the Lessee's storage and use ofthose chemicals. Lessor reserves the right to have the Equipment removed at any time after Lessee has breached this Agreement,the Lessor has not taken more than one delivery of anhydrous ammonia annually,or the Agreement is otherwise terminated.If at any time Lessee has breached this agreement,or the Agreement is otherwise terminated, Lessor shall accelerate the due date for the payment of all rent remaining to be paid,from and after the occurrence of the event of default to the expiration of the term of the lease,and such amount shall be paid to Lessor on demand as liquidated damages for Lessee's default,in addition to all sums due and unpaid as of the date of the event of default. If the Equipment is removed for any reason,Lessee will bear the reasonable cost of removal and transportation to Lessor's nearest terminal/warehouse facility(or to such other facility as is designated by Lessor),including any applicable costs associated with the off loading of the vessel on our premises i.e.crane charges,and of any necessary repairs needed to the vessel. Title to the Equipment shall at all times remain in Lessor and the Equipment shall remain personal property irrespective of the manner of installation and if the Equipment is installed on leased premises Lessee agrees to obtain at Lessor's request a"Landlord's Waiver"with respect to the Equipment in form satisfactory to Lessor. Lessee will not create,or permit the creation or perfection of any charge,lien or encumbrance on the Equipment. Lessor shall have access at all times to the Equipment for the purpose of inspecting and maintaining it. Lessee agrees(a)to make neither permanent additions nor alterations to Equipment without Lessor's written consent;(b)not to deliver possession of the Equipment or any part thereof to any party other than Lessor;(c)to keep legible and visible all trademarks, marks of ownership,and warnings on the Equipment;(d)not to assign this Agreement or any interest therein or right thereunder without Lessor's prior written consent;(e)to execute such security instruments as Lessor may reasonably require including,but not limited to, proper financing statements;and(f)to reimburse Lessor for the full replacement cost of the Equipment in the event of its loss or loss of its manufacture's data plate,said replacement cost to be that in effect at the time Lessor is notified of such loss,or in the absence of notification,at the time of termination of this lease. Lessee shall use the Equipment to store Lessor's product of the kind described and will not use the equipment for any other purpose without Lessor's written consent.Lessee may purchase the Equipment upon terms which are mutually agreeable to Lessor and Lessee. If Lessee shall fail to perform its obligations under this Agreement for 10 days subsequent to receipt of written notice of such failure,Lessor shall have the right to terminate the lease created herein and shall have the right,with or without notice or legal process, to enter Lessee's premises and remove the Equipment. Upon such failure by Lessee,Lessee shall pay Lessor all costs and expenses, including attorney's fees,in connection with such repossession and Lessee shall reimburse Lessor for any and all losses it shall incur as a result of Lessee's failure to perform its obligations hereunder. Lessor shall have no liability as a result of removal of the Equipment from the Premises and such removal shall not prejudice any other rights or remedies Lessor may have. Lessor shall have no obligation to restore the Premises to their former condition subsequent to removal. Lessee agrees to indemnify, hold harmless and defend Lessor, its agents, employees, representatives, officers, directors, stockholders and affiliated companies from and against any and all claims and demands,liabilities,losses,costs and expenses,including Page 326 of 1128 attorney's fees, for which the indemnified parties may be held liable by reason of injury(including death)to any person (including Lessee's employees)or damage to any property(including the Equipment itself)of whatsoever kind or nature arising out of or in any manner connected with the Equipment or the possession,erection,use,operation,maintenance,repair,loading,unloading,handling, removal or other disposition of any ofthe Equipment,or from any negligent act,omission or failure of Lessee to comply with any of its covenants herein. It is expressly understood and agreed that the indemnities contained in this paragraph covers claims by Lessee's employees. Nothing herein however,shall be construed as applying to any loss or liability arising out of or resulting from the sole negligence ofthe Lessor.Lessee agrees to carry the following insurance coverage during the period ofthe lease; A. Workers'Compensation Insurance which provides statutory limits and employee liability coverage with limits of$500,000. for each accident and each employee by disease. B.Commercial General Liability Insurance with a minimum limit of liability of$1,000,000.00 each occurrence,$1,000,000.00 Product/Completed Operations Aggregate Limits and$2,000,000.00 General Aggregate Limits. C. Commercial Automobile Liability Insurance including owned, hired and non-owned vehicles with a minimum limit of $1,000,000.00 each accident. D. Property Insurance evidencing special causes of loss coverage on the above Equipment. E. Any other insurance as may be required by Law. Such insurance shall include contractual liability insuring the indemnity agreements contained in this contract.Lessee further agrees to provide Lessor with insurance certificates evidencing such coverage from insurance company or companies,with an A rating or better,authorized to do business in the state where Lessor has located the Equipment. Lessor will be given 30 days written notice of cancellation or reduction of any insurance coverage. Each party to this agreement and its respective insurance carriers hereby waive all rights of subrogation against the other for loss or damage to each respective party's building,equipment,improvements or any property whatsoever covered by any ofthe insurance maintained by the parties pursuant to this lease. If any ofthe policies of insurance required under this agreement require an endorsement to provide for the waiver of subrogation as previously set forth,then the named insureds of such policies will cause them to be so endorsed. Lessor is not the manufacturer of and does not guarantee the Equipment in any way. THERE IS NO WARRANTY THAT THE EQUIPMENT SUPPLIED HEREUNDER SHALL BE FIT FOR ANY PARTICULAR PURPOSE NOR IS THERE ANY WARRANTY OF MERCHANTABILITY OR ANY OTHER WARRANTY,EXPRESSED OR IMPLIED,EXCEPT AS EXPRESSLY PROVIDED HEREIN. Lessee shall inspect the Equipment when received and failure to notify Lessor of Lessee's non-acceptance within 10 days after receipt shall constitute Lessee's acceptance ofthe Equipment as satisfactory. Lessor may notify Lessee in writing of any change in the yearly/monthly rental rate. If Lessee fails to notify Lessor of Lessee's objection to such new rental rate within 30 days after such notice of change,the new rate shall become effective 30 days after the date of Lessor's notification. Termination of this Agreement for any reason shall not relieve the parties of any obligation that may remain unfulfilled at the time of such termination;However upon thirty(30)calendar days'written notice to Contractor,City may,without cause and without prejudice to any other right or remedy,terminate this Agreement for City's convenience.Where the Agreement is terminated for the convenience of City,the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of the City under this termination clause,the effective date ofthe termination,and the extent of termination.Contractor shall be paid for the services up to and including the effective date ofthe termination 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 andthe same agreement among the parties.Afacsimile signature shall constitute an original signature for all purposes. No waiver or delay in enforcing any of its rights hereunder by either party shall constitute a release of any ofthe obligations of the other party hereunder in respect of any other matter or action relating thereto. 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 ofthe 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 offalse 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. 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 ofthe Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records,provide the CITY with a copy ofthe 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 ofthe contract term and,following completion ofthe contract, Page 327 of 1128 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 ofthe contract,Contractor shall transfer to the CITY,at no costto the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY's custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH,FLORIDA,33435 561-742-6061. G S 'C(€� FL.US This Agreement comprises the entire agreement between Lessor and Lessee and no terms or conditions,other than those stated herein,and no agreement or understanding,oral or written,in any way purporting to modify these terms and conditions,shall be binding on either party unless hereafter made in writing and specifically stating that it is intended to modify these terms and conditions and signed by both parties. All proposals,negotiations,and representations,if any,made prior and with reference hereto are merged herein. This Agreement shall be construed in accordance with the laws of the State of Florida,with venue being in Palm Beach County,Florida. If any part of this Agreement is held invalid or unenforceable for any reason,such part shall be deemed waived and the balance of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first written above: Purchase order required for lease fee,Yes No (Please check one). If yes,please attach a copy of the purchase order. Lessor: Tanner Industries,Inc. Lessee:The City of Boynton Beach Signature Signature Dan Kristyak Manager Technical Services 6/16/2020 Print Name and Title Date Print Name and Title Date OF-XX.CTL.0105 30.00.00 Page 328 of 1128 The City o Boynton eoc Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 August 28, 2019 Tanner Industries, Inc. Attn: Mr. Greg W. Tanner, VP 735 Davisville Road Southampton, PA 18965 VIA EMAIL TRANSMITTAL TO: sales ta:ir:erind. crn BID: PIGGYBACK OF CITY OF STUART— ANHYDROUS AMMONIA, ANNUAL SUPPLY BID No.: 2019-100 CURRENT TERM: OCTOBER 1,2018 THRU SEPTEMBER 30, 2019 Dear Mr. Tanner: The current bid term for the"ANHYDROUS AMMONIA, ANNUAL SUPPLY' awarded to Tanner Industries, Inc. expires September 30, 2019. We have been very happy with Tanner Industries service. We have been notified that you have renewed the original agreement with the City of Stuart and we would like to extend the bid ourselves for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmere@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Buyer at(561) 742-6318. Sincerely, *Q Tim W. Howard Assistant City Manager-Administration cc: Juan Guevarez, Manager, Water Quality&Treatment, Boynton Beach Utilities Melissa Roberts, Administrative Assistant, Boynton Beach Utilities File Page 329 of 1128 America's Gateway to the Gulf Stream The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 August 28, 2019 I : PIGGYBACK OF CITY OF STUART— A Y AMMONIA, ANNUAL SUPPLY I .: 2019-100 Agreement between the City of Boynton Beach and TANNER INDUSTRIES: PROPOSAL RENEWAL TERM: OCTOBER 1, 2019 THRU SEPTEMBER 30, 2020 Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for a additional one-year term. , I do not wish to renew the bid for the following reason(s) TANNER INDUSTRIES NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER E-MAIL Page 330 of 1128 America's Gateway to the Gulf Stream n r..Af tlt j t lytlF 1�4, MEMORANDUM To: Daviel Dyess, Interim City Manager From: Alaina Knofla, Procurement 'Specialist Date: July 18, 2019 Subject: Renewal of ITB ##2019-100: Chemicals for the TP/WRF The initial year of ITB ##2019-100; Contract for Chemicals for the WTPfWRF expires September 30, 2019. This agreement has provisions for two (2) one (1) year renewal options; this would represent the first renewal. The vendors listed below have agreed to the renewal under the original terms, conditions, pricing; and specifications. Thereby the Public Works Director Dave Peters recommends approval of the first-year renewal. Item Vendor Chemical Amount 1 Allied Universal Corporation Sodium Hypochlorite $62,250.00 Odyssey Manufacturing Company Sodium Hypochlorite $66,1100,00 as the secondary vendor 2 Tanner Industries, Inc. Anhydrous Ammonia $14,052.50 3 Carus Corporation Sodium Hexametphosphate $19,190.00 4 Hawkins, Inc. Hydrofluoroslicic acid $ 5,070.00 5 Hawkins, Inc. Hydrochloric Acid $ 2,706.00 6 Hawkins, Inc. Anionic Dry Polymer $ 6,110.00 7 Hawkins, Inc. Cationic Liquid Polymer $18,218.20 Overall Total $1130,626.70 If approved, this renewal will be effective for the period October 1, 2019 and ending September 30, 2020. If you have any questions, or if I might be of further assistance please contact me at ext. 5320 or contact me by email at purchasing0)Ci.Sluart.f1.us. Approve renewal of ITB ##2019.100: Chemicals for the WTP/WRF ❑ Recommended this ITB not be renewed David Dyess, City Manager Date City o Stuart WWW.C1TY aFSTUART,US Page 331 of 1128 Po _7 do t tit 41S "1" 02 %i1 i� ��}l �'b'3,) ..,✓ ;'r• E,'ocuremcnt&°.on caf tin ? 21 S\V i'I'a}giti} \i.',.',ic}a!I 1.'.3 June 2.0,2019 Tanner Industries, Inc. Attn: Mr, Grep,W.Tanner,VP 735 Davisville Road Southampton, PA 18965 Subject: Renewal for YT M 20.19-100,Chemicals for the IN er Treatrnt nt Plant and Water iteclarnation Facility Dear Mr.Tanner, This is official notification to your firm that the City of Stuart wishes to extend your current contract for the above mentioned subject, for the period beginning ctober 1, 1019 and ending on September 30, 2020,which represents 0e first year or two(one year) renewal options. `chis extension is grunted tinder the same ter£r'.rs,conditions, and pricing as the original contract, Please complete the bottom portion of this fetter if your firm will are to the requested renewal. Your response must be received no later than 4.00 -nn,, July 3, .2019. You may fax your response to (772) 600.1202 or send by errraii to }:!i! `.i.rt` ! 1 x.. Thank you for your cooperation and immediate attendon to this matter. Phase contact nae at (772) 283_S320, if you should have are quest ons. Best Rep tirds, 17iiofla t..w Procurement Specialist cc: File I hereby attest, by signature, to Florida Statutes (F.S,) 287.135-Scrutinized ed Co paries that Boycott Israel list, F.S. 215.4725-Engaging in curnmerce +vi.h Cuba or Syria, and S.S. 215.473- Scrutinized Companies with activities in the lran Petroleum Energy Sector List,and agree to the contract renewal as specified of the subject Agreement. E R aian unable to agree to the contract renewal as specified of the subject Agreement u - r- (Signature) Printed N arae ,f j$ 2 ?I 4"•' ° 1 Date � Title Page 332 of 1128 6.E. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for August 19, 2020- "Request for Extensions and/or Piggybacks." Explanation of Request: Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM * Ferguson PVC SCH 40 & 80 039-1412-19/MFD September 6, $25,000 Irrigation Supplies 2020 to * SiteOne September 5, Landscape Supply 2021 Ballard Partners Appropriation 071-1210-17/IT October 1, 2020 Not to Exceed Lobbyist Services to September $60,000 30, 2021 Henry Schein Medical Supplies 502-0000-141-0100 December 1, $95,000 Medical 2019 to November 15, 2020 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 333 of 1128 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FOR BID EXTENSIONS August 19 2020 D Addendum Signed Fortiline PVC & Irrigation Letter Opting NOT to renew D Addendum SIGNED Renewal Letter- Ballard Partners D Addendum 9-5-19 PVC -Irrigation Supplies Award Agenda Item Cover Sheet D Addendum Signed SiteOne Renewal Letter - PVC & Irrigation Supplies D Addendum Signed Ferguson Renewal Letter - PVC & Irrigation Supplies Page 334 of 1128 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 19, 2020 REQUESTING DEPARTMENT: Materials and Distribution DEPARTMENT CONTACT. Michael Dauta TERM: September 6, 2020 thru September 5, 2021 SOURCE FOR PURCHASE: 039-1412-19/MFD ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Ferguson; SiteOne Landscape Supply ANNUAL ESTIMATED EXPENDITURE: $25,000 DESCRIPTION: On September 5, 2019 City Commission approved the bid for PVC SCH 40 & 80 Irrigation Supplies to the following three companies: Fortiline, Ferguson and SiteOne Landscape Supply on a primary, secondary, and third basis. The agreement allows for three (3) additional one-year renewals. Fortiline opted to not renew. The vendors Ferguson & SiteOne have agreed to renew the existing agreement with the same Terms and Conditions for September 6, 2020 thru September 5, 2021. REQUESTING DEPARTMENT: City Manager's Office DEPARTMENT CONTACT. Lori LaVerriere TERM: October 1, 2020 thru September 30, 2021 SOURCE FOR PURCHASE: 071-1210-17/IT ACCOUNT NUMBER: 001-1210-51249-17 VENDOR(S): Ballard Partners ANNUAL ESTIMATED EXPENDITURE: Not to Exceed$60,000 DESCRIPTION: On August 20, 2019 City Commission extended the bid for Lobbyist Appropriation Services for an additional one-year term. The agreement allows for one (1) additional one-year renewals. The vendor agreed to the annual renewal of the existing agreement with the same Terms and Conditions for October 1, 2020 thru September 30, 2021. REQUESTING DEPARTMENT: Materials and Distribution DEPARTMENT CONTACT. Michael Dauta TERM: December 1, 2019 thru November 15, 2020 SOURCE FOR PURCHASE: 42000000-18-ACS ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Henry Schein Medical ANNUAL ESTIMATED EXPENDITURE: $95,000 DESCRIPTION: On May 5, 2020, City Commission approved the utilization of the State of Florida Contract#42000000-18-ACS for the City's medical supplies in the amount of$50,000. An increase of$45,000 is being sought. The agreement allows for two (2) additional one-year renewals. L 1paig%!, 335 8 The City of Boynton Beach FINANG'F/PROG'URFMFNT SFRVIG'FS _ 100 F. BOYNTONBKA CU os BOULEVARD • ., P.O. BOX 310 BOYNTONBBAG'H, FLORIDA 0�... 33425-0310 TFLFPMONF NO: (56L 742-6310 FAX.• (561) 742-6316 May 27, 2020 Fortiline, Inc. 7025 Northwinds Dr NW Concord, NC. 28027 RE: ""ANNUAL SUPPLY OF PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID #:039-1412-19/MFD Dear Sheri Smith: The above referenced bid will expire 9-5-20. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautus. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautamgbbfl.us. Thank you. Sincerely, Randy Wood., CPPB Purchasing Manager Financial Services cc: Michael Dauta—Manager of Materials and Distribution Central File AMERIC'A'S GATFWAYTO THF GULFSTRFAM Page 336 of 1128 BID NAME: "ANNUAL SUPPLY OF PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" Contract Renewal Period: SEPTEMBER 6, 2020 THROUGH SEPTEMBER 5, 2021 Agreement between the City of Boynton Beach, and Fortiline, Inc. Yes, I agree to extend the existing Bid for the Irrigation Supplies under the same Terms and Conditions for an additional year: September 6, 2020 through September 5, 2021 V No, I do not wish to renew the agreement. FORTIL,INE, INC. SIGNATURE Sheri Smith Regional Bid Coordinator NAME OF REPRESENTATIVE TITLE (please print) 06/12/20 704-788-9859 DATE (AREA CODE) TELEPHONE NUMBER AMRRIG'A'S GATRWAYTO THR GULFSTRRAM Page 337 of 1128 The City of Boynton Beach Finance/Procurement Services 100 E Ocean Ave. Boynton Beach,Florida 33435 Telephone No: (561)742-6310 119 FAX: (561)742-6316 August 3, 2020 BID:APPROPRIATION LOBBYIST SERVICES BID No.: 071-1210-1711T CURRENT AGREEMENT TERM: OCTOBER 1, 2019— SEPTEMBER 30, 2020 Agreement between the City of Boynton Beach and BALLARD PARTNERS, INC. AGREEMENT RENEWAL TERM: OCTOBER 1, 2020—SEPTEMBER 30, 2029 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Ballard Partners,Inc. NAME OF COMPANY SIGNATURE Mathew Forrest _ Parnter ,,,,,,,,,. NAME OF REPRESENTATIVE TITLE (please print) 813120 _ 561-253-3232 DATE uuu (AREA CODE)TELEPHONE NUMBER Matte BaIlardPartners.com E-MAIL America's Gateway to the Gulf Stream Page 338 of 1128 6.M. CONSENTAGENDA 9/5/2019 CITY OF BOYNTON BEACH "• ` : AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/5/2019 REQUESTED ACTION BY COMMISSION: Approve Bid award of Annual Supply of PVC Schedule 40&80 Irrigation Supplies Bid#039-1412- 19/MFD to the following three(3)companies: Fortiline, Ferguson and SiteOne on a primary,secondary and third basis to the lowest,most responsive bidders who met all specifications with an estimated annual amount of$25,000. EXPLANATION OF REQUEST: Contract Term: September 6,2019 thru September 5,2020 On August 20,2019, Procurement Services opened and tabulated four(4)bids for PVC Schedule 40 and 80 Irrigation Supplies.All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend this award on a primary,secondary and third basis to three(3) companies.The award is based on the number of awarded items each vendor accumulated. Fortiline Primary Vendor I tem(s) 68 out of 183 Ferguson Secondary Vendor I tem(s) 65 out of 183 SiteOne Third Vendor I tem(s) 46 out of 183 Core and Main Deemed non-responsive Core and Main issued a letter stating that they will give 30 days notice,at any point,for price adjustments due to tariffs.The bid states"The Vendor may submit a request for price adjustments ninety(90)days prior to the end of the annual bid term if base commodity prices have fluctuated from the base commodity amount for Chemicals and Allied Products in accordance with the Producer Price Index(PPI)." In addition,the following vendors included a discount for all items not listed on the bid. Ferguson 20%Discount The bid will allow for three(3)additional one(1)year extensions at the same terms and conditions subject to vendor acceptance,satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of irrigation supplies.All orders are on an"AS NEEDED BASIS". FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$25,000.The increase for FY18/19 was due to CIP Projects. FY17/18 expenditures were$18,245.26 FY18/19 expenditures to date are$31,599.22 ALTERNATIVES: Obtain quotes on an"as needed basis"which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 339 of 1128 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet D Addendum Fortiline Proposal D Addendum Ferguson Proposal D Addendum SiteOne Proposal D Addendum Core and Main Proposal Page 340 of 1128 BID NAME: "ANNUAL SUPPLY OF PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" Contract Renewal Period: SEPTEMBER 6, 2020 THROUGH SEPTEMBER 59 2021 Agreement between the City of Boynton Beach, and SiteOne Landscape Supply / Yes, I agree to extend the existing Bid for the Irrigation Supplies under the same Terms and Conditions for an additional year: September 6, 2020 through September 5, 2021 No, I do not wish to renew the agreement. SITEONE LANDSCAPE SUPPLY S164AT Keith McGinty �) 1 NAME OF REPRESENTATIVE TITLE (please print) 0(0/ DATE (AREA CODE) TELEPHONE NUMBER A-HERICA'S 'A ;A TF,TvA I'To TIM G UTL-FSWRE Al Page 341 of 1128 The City PqAnt. on Beach Sfielly/L'p/l�.^r~p[[.J(..�(M.d'.dLr�rv�l7 1W E.BOYNTCXV IU ell BOU.'LEVAR, P.O.,U(- i.311J J3"5-W-10 7"Al"11l)XEIVO f 1)74-0-6310 FAX.•(561)7412-6916 May 27,2020 Ferguson Enterprises 3697 Interstate Plc Rd 50 Riviera Beach, F . 33404 ""ANNUAL SUPPLY OF PVC SCHEDULE 40&80 IRRIGATION SUPPLIES" BID#:039-1412-19 FD Dear Mr. Petonick: The above referenced bid will expire 9-5-20. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at La . We look forward to continue working with you. If you agree,we will go to Commission for approval. If you should have any questions,please feel free to email Michael Dauta, Manager of Materials and Distribution at alau�a�u l�l� .us. `hank you. Sincerely, Randy Wood.,CPPB Purchasing Manager Financial Services cc: Michael Dauta—Manager of Materials and Distribution Central File Page 342 of 1128' BID NAME- "ANNUAL SUPPLY OF PVC SCHEDULE 40&80 IMGATION SUPPLIES" Contract Renewal Period: SEPTEMBER 6, 2020 THROUGH SEPTEMBER 5, 2021 Agreement between the City of Boynton Beach, and Ferguson Enterprises 'ZYes., I agree to extend the existing Bid for the Irrigation Supplies under the same Terms and Conditions for an additional year: September 6,2.020 through September 5,2021 No,I do not wish to renew the agreement. FERGUSON ENTERPRISES SIGNTUBE tw'k NAME OF REPRESENTATIVE TITLE (please print) - t DAM A (AREA CODE)TELEPHONE NUMBER "ERICA'S GA TEWA Y TO TME G EMFSTREAM Page 343 of 1128 6.F. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 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 nine 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 344 of 1128 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Amendment CIPAmendment Page 345 of 1128 O O O O O 13 �r o c.o °�0 7 � Axa o oM, � s� s�4 O 12 CL rs ° auj a M u ® "' ), ) ) LL Li .1 O O O � .� O O O O O U +' O O O u U 4' O O O O O OO O N .24 OO OO OO O n a` O O0 O 0 Cam a` o o 0 0 00 0 -0 v ri Ln c i ui y Y o O m 03 y Y Ln > O tw 0 O tw Q- co CL = 0m a = NCL _ O o in in 00 v, M c-I in M O O ria O O O O O O (D u w M M M S'. N N N M 4 M M V '0- l0 l0 l0 > '0 l0 l0 l0 l0 l0 l0 QJ d O O O d O0 N N N O .O CLn Ln Ln Ln Ln Ln Ln Ln Ln O DD DD E a O O C)CY)Ln Ln O a O N O N N N a li Q Q c-I N CL M M M O. 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CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-081 -Approve and authorize the City Manager to execute the first amendment to the Pay for Parking Services Agreement between the City of Boynton Beach and Parkmobile. Explanation of Request: On November 5th, 2019 the City Commission awarded RFP#018-2413-19/IT to Parkmobile, LLC and authorized the City Manager to execute an agreement for pay for parking services. On June 9th, 2020, the City of Boynton Beach and Parkmobile, LLC entered into the Pay for Parking Services agreement which outlined the scope of services, fees, and payments. Consequently, as part of the implementation effort it was discovered that fees associated with parking permit management software were inadvertently left out of the line item proposal. The online portal price increased from the original monthly price of$3,500 to the revised price of$4,500, which now includes the parking permit management software. The fee will be paid for by the customer on a per citation basis. The City is responsible for the difference if the $4,500 is not met for the month. As parking permits are an essential part of making the automated parking technology system work it is necessary to execute an amendment to the agreement to provide the necessary expenditures and payments to Parkmobile. Staff have reviewed the First Amendment to the Pay for Parking Services agreement and support the request. How will this affect city programs or services? Developing and promoting an efficient, easy-to-use parking system will improve customer service and quality of life. Fiscal Impact: Budgeted Automated parking meter improvements will control operating costs and generate sufficient revenue to support system operations. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 349 of 1128 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the First Amendment to Pay for Parking Services Agreement D Amendment First Amendment to Pay for Parking Services Agreement D Exhibit ExIiibit 1 D Exhibit Pay for Parking Services Agreement Page 350 of 1128 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 FIRST AMENDMENT TO THE 6 PAY FOR PARKING SERVICES AGREEMENT BETWEEN 7 THE CITY OF BOYNTON BEACH AND PARKMOBILE; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on June 9th, 2020, the City of Boynton Beach and Parkmobile, LLC 11 entered into the Pay for Parking Services agreement which outlined the scope of services, fees, 12 and payments; and 13 WHEREAS, as part of the implementation effort it was discovered that fees associated 14 with parking permit management software were inadvertently left out of the line item proposal; 15 and 16 WHEREAS, parking permits are an essential part of making the automated parking 17 technology system work, therefore, it is necessary to execute an amendment to the agreement 18 to provide the necessary expenditures and payments to Parkmobile; and 19 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 20 of staff,deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 21 and authorize the City Manager to sign the First Amendment to Pay For Parking Services 22 Agreement to add fees associated with parking permit management software which were 23 inadvertently left out. 24 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves and authorizes the City Manager to sign the First Amendment to Pay For Parking S:ACA\RESO\Agreements\First Amendment to Agreement to Parkmobile(meters)-Reso.docx -1 - Page 351 of 1128 30 Services Agreement to add fees associated with parking permit management software which 31 were inadvertently left out, a copy of which First Amendment is attached hereto as Exhibit"A". 32 Section 3. That this Resolution shall become effective immediately. 33 PASSED AND ADOPTED this day of August, 2020 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 50 ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 S:ACA\RESO\Agreements\First Amendment to Agreement to Parkmobile(meters)-Reso.docx -2- Page 352 of 1128 FIRST AMENDMENT TO PAY FOR PARKING SERVICES AGREEMENT This First Amendment to Pay for Parking Services Agreement is made and entered into this day of August, 2020 by and between the City of Boynton Beach (hereinafter referred to as "City") and Parkmobile, LLC., (hereinafter referred to as "Provider") (collectively referred to as the "parties"). WITNESSETH WHEREAS, the City and Provider entered into a Pay for Parking Services Agreement ("Agreement") dated June 9, 2019, and WHEREAS, Provider is obligated to perform professional services in connection with the RFP FOR PAY FOR PARKING SERCICES, RFP NO.: 018-2413-19/IT; and WHEREAS,the parties desire to further amend said Agreement as provided below. NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals contained herein are hereby incorporated by reference. 2. Exhibit "B" of the contract is amended to include the Permit Management Software and associated fees as outlined in attached Exhibit"1"; and 3. The terms and conditions of the Agreement shall remain in full force and effect except as specifically amended herein. In the event of a conflict between the terms of the Agreement and this First Amendment, the terms of the First Amendment shall control. IN WITNESS WHEREOF, the Parties have signed this First Amendment to Pay for Parking Services Agreement on the date(s) set forth below. CITY OF BOYNTON BEACH By: Date: Lori LaVerriere City Manager APPROVED AS TO FORM: Date: James A. Cherof, City Attorney 1of2 Page 353 of 1128 PARKMOBILE, LLC Date: BY: Attest/Authenticated: Secretary 2of2 Page 354 of 1128 PRICING SUMMARY Full citation processing software suite configuration,training, implementation, hosting,and ongoing support ■ Citation records management system(AutoPROCESS) ■ Registered owner acquisition ■ FL DMV registration holds ■ Processing notice generation and mailing ■ Mail payment processing (Lockbox) Parking Management Software _ $1.99 ■ Web& IVR credit card payment Per Citation Issued processing(hosted website and IVR system) ■ DMV vehicle registration hold services ■ Customer service(live call reps.) ■ Late notice generation, mailing, and PDF image import on up to a 3 processing notice series ■ Correspondence processing ■ Document imaging(notices, originally issued citations,other multimedia) $3.50 Hosted payment website Web/IVR Payment Convenience _ and IVR systems Fee(Paid by Motorist) Per payment transaction via web orIVR systems (Duncan MOR) Applicable USPS bulk postage rate $0.423* Direct pass-through costs for all Postage for Processing Notices - letters sent Per letter sent *As of 7/24/2020 Page 355 of 1128 MKIII&V..MINIIII IM,ME $6,000.00 Annual hosting fee,billed monthly Full permit management + AutoPROCESS module and PAM Permit Management Software - $5.75 hosted online permit portal Per permit purchased up configured to the requirements of to 1,000 permits annually. the City. Virtual permits in excess of 1,000 annually are free $3.50 Hosted payment website Web Payment Convenience Fee - Per permit purchased(Paid by Motorist) p p (Duncan MOR) via web Applicable USPS bulk postage rate USPS first class mailing. Postage $0.423* costs are a direct pass-through Postage per Permit Renewal Notice - based on USPS rate at the time of Per Notice Sent mailing. As of 7/24/2020 NEREENIM 11 A full-service secondary collections process following assignment to collection agency ■ Notice generation (notice and postage costs are included in percentage of revenue Special Collection Fee - 30.00% collected fee. Based on 2 notice of revenue collected, series.There are no additional costs.) ■ Target population analysis ■ Effectiveness reports ■ Skiptracing ■ No name and address research ■ Outbound Calling Page 356 of 1128 TERMS AND CONDITIONS 1. Client will be responsible for all postage costs associated with the mailing of notices mailed prior to assignment to special collections. Vendor is responsible for postage costs following assignment to special collections. 2. All post-implementation changes or enhancements requested by Client will be performed by Duncan on a time and materials basis.The billing rates to be used will be the rates in place when the work is completed. All requests for systems changes and/or enhancements will be submitted in writing by Client,from which Duncan will furnish an estimate. 3. Consumables,including receipt paper,printer ink cartridges and toner will be provided by,or purchased by, Client. 4. This agreement is subject to monthly contract minimum of$4,500.00.If the sum of Client's itemized invoice (excluding convenience fee and special collection fee charges)falls below this threshold,Client will be billed a fixed$4,500.00 program management fee in lieu of the itemized rates listed above.Threshold evaluation will be conducted monthly,during invoice preparation. Page 357 of 1128 RESOLUTION NO. R19-119 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AWARD OF RFP NO. 018-2413- 5H 19AT FOR "PAY FOR PARKING" AND AUTHORIZE THE 6 , 3 CITY MANAGER TO SIGN A THREE (3) YEAR 71 AGREEMENT WITH PARKMOBILE FOR METERED 81 PARKING; AND PROVIDING AN EFFECTIVE DATE. 91 � 10H WHEREAS, on April 19 2019, Procurement Services opened three (3) proposals in 11response to RFP No. 018-2413-19/1'F -Pay for Parking, and 11 12 : 11 WHEREAS, the City is seeking to provide a payment by Smartphone and kiosk option 13 for the patrons at two (2) City of Boynton Beach parks which sopc may be expanded to include 14 future parking garages and other city-owned spaces-, and fE 1513, WHEREAS, the proposals were reviewed by an evaluation committee and their 16 ti recommendation is Parkmobile based on the criteria listed in RFP No. 018-2413-19/IT; and 17 1 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 18 i of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 19 XT?No. 018-2413-19/IT for"Pay for Parking", and authorize the City Manager to sign a three 20 (3) year Agreement with two (2) one-year renewals with Parkmobile. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, TI IAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2411 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 Section 2. T'le City Commission of the City of Boynton Beach, Florida, hereby 26 approves the award of RFP No. 018-2413-19/IT for "Pay for Parking", and authorize the City 2711 Manager to sign a three (3) year Agreement with two (2) one-year renewals with Parkmobile, 28 '1 a copy of which is attached hereto as Exhibit I (,'^Lsers'%Staii/joiiel'\Appf)iita\Loca]\Nlicrosoft\,Wiiiciows\lNetCache\[E'\IlL6ME113X\A\vard RIT and Agreenieiit_to_Parkniobile__(nicters Reso.docx Page 358 of 1 28 29 That this Resolution shall become effective immediately. 30 Section 3. 31 PASSED AND WOPTED this �- yday of'November, 2019. 32 CITY OFBOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor- Steven B. Grant 37 38 Vice Mayor-Justin Katz 3911 40 Commissioner- Mack McCray V-1 41 42 Commissioner -- Christina L. Romelus 43 44 Commissioner- Tv Penserga vz' 45 46 VOTE 47 ATTEST: 48 49 501 51 Cr ,tal Gibson, MMC 52 City Clerk 53 541, / \56' (C rporAte Seal) 1c" 0 \ ©«�« � � C'\Users''Stiiiizioiic'l'\AppData\l-oca]\MicrosoKi)do\%s',IlNct(-'aclic\ltIE6,\11:113X\,Award—R]-'11--aiid Agreeme nt—to-11 ark nrob i I e_(nn eters )_-_Reso.docx 2- Page 359 0 1 28 DocuSign Envelope ID:65AOD3B4-8424-4CA4-9285-E9B23BFCC3D6 CONTRACT NO. 018-2413-19/IT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PARKMOBILE LLC FOR PAY FOR PARKING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Parkmobile. LLC hereinafter referred to as "PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROVIDER is retained by the City to perform professional services in connection with the RFP FOR PAY FOR PARKING SERVICES PROVIDER; RFP No.: 018-2413-19/IT. 2. SCOPE OF SERVICES. PROVIDER agrees to perform the services, identified in Section 11 Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROVIDER to proceed. PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon date fully executed by the City Manager and shall remain in effect for three (3) years. The City of Boynton Beach may extend the contract with the same terms and conditions for two (2) additional, one-year renewal terms subject to PROVIDER acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request. the PROVIDER shall continue services beyond the final expiration date as approved by the City Manager or City Commission and as agreed upon by PROVIDER. Such extension(s) shall not exceed a six-month period. The PROVIDER shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. a. Payment for the work provided by PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROGRAM PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROGRAM PROVIDER in the amount approved. c. Final payment of any balance due the PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) 1 Page 360 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. City acknowledges and agrees that PROVIDER or its licensors are the owners of all right, title and interest in and to the Parkmobile platform, user data, technology, all deliverables created by PROVIDER hereunder, any other PROVIDER intellectual property and all appurtenant patent, copyright, trademark,trade secret and other intellectual property or proprietary rights associated with any of the foregoing. To the extent PROVIDER provides any deliverable to City for its use hereunder, City is hereby granted a limited, revocable, non-sublicensable and personal right to use such deliverable solely during the term in accordance with any instructions provided and solely in connection with the Parkmobile services. The provision of any such deliverable to City does not constitute a sale of such deliverable. City shall not assign, sublicense, transfer, pledge, lease, rent or share any rights under the foregoing license to any third party unless expressly permitted in writing by PROVIDER. 7. COMPLIANCE WITH LAWS. PROVIDER shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. Each party agrees that it will use reasonable security practices and procedures appropriate to the nature of any personal information obtained in connection with this Agreement (including as part of user data) to safeguard such information. Each party agrees to comply with all applicable laws with regard to their use, disclosure, access and maintenance of personal information. 8. INDEMNIFICATION. PROVIDER shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all third-party claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROVIDER. 9. INSURANCE. The PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. PROVIDER and the City agree that the parties are independent contractors with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create any employment relationship, partnership, joint venture, franchisor-franchisee, or agency relationship between the parties hereto. Neither party, nor any employee of either party shall be entitled to any benefits accorded to the other party's employees by virtue of the services provided under this agreement. Each party 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 the other party, or any employee of the other party. 2 Page 361 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-9285-E9B23BFCC3D6 11. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL SERVICES AND PROVIDER MATERIALS ARE PROVIDED "AS IS." PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CITY'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. 12. LIMITATION OF LIABILITY. THE AGGREGATE LIABILITY OF PROVIDER FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE IS BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE GREATER OF (i) AN AMOUNT EQUAL TO THE TOTAL AMOUNT EARNED BY PROVIDER IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR (ii) THE AMOUNT OF INSURANCE COVERAGE AVAILABLE TO SATISFY OR APPLICABLE TO A CLAIM AT THE TIME A CLAIM IS MADE. EACH PARTY HERETO AGREES THAT EACH OTHER PARTY SHALL NOT BE LIABLE TO SUCH PARTY OR ANYONE ACTING THROUGH SUCH PARTY UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT 13. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. DISCRIMINATION PROHIBITED. The PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15. ASSIGNMENT. The PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Notwithstanding the foregoing, PROVIDER may assign its rights, interests or obligations under this agreement without the consent of City to (i) any affiliate of PROVIDER; (ii) any lender to PROVIDER or its affiliates as security for borrowings, and (iii) any purchaser of a majority interest in or assets of PROVIDER. If any assignment by PROVIDER requires City's consent, such consent will not be unreasonably withheld or delayed by City. 3 Page 362 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 16. NON-WAIVER. Waiver by either party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving sixty (60) days written notice to the PROVIDER. b. Either party may terminate this agreement, effective upon written notice to the other party (the "Defaulting Party"), if the Defaulting Party materially breaches this agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within thirty (30) days after receipt of written notice of such breach. 18. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 19. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROVIDER shall be sent to the following address: Parkmobile, LLC Attn: Legal Department 1100 S rin Street, NW, Suite 200 Atlanta, GA 30309 20. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROVIDER and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 21. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 4 Page 363 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC a@BBFL.US 22. FORCE MAJEURE. In no event will either party be liable or responsible to the other party, or be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any obligations to make payments), when and to the extent such failure or delay is caused by any circumstances beyond such party's reasonable control (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, pandemics, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 90 days or more. 23. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide 5 Page 364 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DATED this day of ,:",-, 20 CITY OF BOYNTON BEACH PARKMOBILE, LLC Lori LaVerriere, City Manager Taney Stewalt, General Counsel la�pq ��i 4 ' Attest/Authenticated: y (Corporate Seal) Cr al Gibson, City Clerk Approve as to rm: Attest/Authenticated: JameYA. C of, C y Attorney Secretary 6 Page 365 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 EXHIBIT City of Boynton Beach Contract No.:018- 2413- 19/ IT With Parkmobile, LLC SCOPE OF SERVICES Provide a payment by Smartphone and kiosk option for the patrons at two (2) City of Boynton Beach parks which scope may be expanded to include future parking garages and other city-owned spaces. Services shall include the following: • With a single call or use of a kiosk, a customer can pay for a specific period of parking time. • Kiosk shall accept cash or credit cards payments. • Payment through multiple options, including voice, website (mobile), mobile SMS texting, QR, and Smartphone application • Customer option to be informed at a predetermined time period of the expiration of a paid parking session. • Allows purchase of additional time not past the pay to park hours, the City would enforce time limits if required. • Can be scaled to include weekly, monthly, or annual parking permit sales via web, Smartphone application, or via the City's customer service. • Interface and scale with two future parking garages that are currently in design and development. • The ability to handle demand-based pricing. • The vendor will supply the City a License Plate Reader (LPR) that will be installed in a City vehicle for parking enforcement use. • City Staff to retrieve collect cash collected from kiosk. • City Staff to issue paper violation notices and collect violation fees via mail. • The LPR shall have access to the Department of Motor Vehicle data base for collection of delinquent violation fees. • The vendor provides information on trends, productivity and performance Page 366 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-9285-E9B23BFCC3D6 EXHIBIT City of Baynton Beach Contract No. : 018- 2413- 9/ I With Parkmobile, LL Tab City of Boynton Beach Pricing Model i w its n Can this fee,or a portion ofyour fee,be absorbed by Parkmobile Response:Yes the City of Boynton Beach now or in the future? a. f a Iper-,iansn fie is" charged,-,"is this fel _ fees" included on bath th`e`<iriitia) traMaetiorr a�ttl"l t r Unless requested by the City, Parkmobile will transactions then extettc�mg ttXtt only charge transaction fees on the initial transaction. b. What other incidental costs will be borne by thePees"' City of Boynton Beach as a part of this proposal? If Parkmobile is the"merchant of record, the City would be responsible for merchant processing. Other fees related to the meters and LPR are included satel . c. For private label 4p,�rl�cat on where,Ihe City;of ee Bcsyriton Beach loge other braridirig eleirients Parkmobile would provide our standard white- c,an be placed on a 9peci ic,pay ent.al7plicat�on dogeloped by yqu(t vendrj,%uhaf Is the fee for labeled solution at no cost to the City. sucheve ;dlom¢rtt,if au, d. What is the process for notifying the City of . ParkZmobile Response Boynton Beach of transactional fee changes,or While we do not anticipate fee changes," other fee changes that may occur: Parkmobile will provide the City of Boynton Beach at least 90 days' notice before implementing any transactional or other fee chin es. Parkmobile OnDernand Pricing; III WIPW Security&Su ort Fees Waived Ilrrsftig hcc Waived Maintenance Fee Waived 8 Page 367 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 Basic Setup Fee 7WI. d Decals and Off Street Signs d Data Coss d Mobile Payment Transaction Fee Due to Parkmobile(Charged to Customer). S0.3 5x Parkmobile would offer a $0.10 revenue share back to the City ($0.25 to LIP'arkmobile,$0.10 to the Cit Parkmobile or Cit.can be MOR arkniubile Prepaid ire ervattins 10% of parking charge" 'if Parkmobile serves as Merchant of Record(MOR),we will process credit card payments at a rate of3%plus SO.15 per transaction for all mobile on—demand parking sessions. Parkmobile OnDernand Services provided at No Additional Costs • Parkmobile agrees to host and maintain the City of Boynton Beach Mobile Parking Program at no additional costs. • Parkmobile agrees to provide both a Call Center and Customer Support at no additional costs. • To demonstrate our commitment to the success of the City of Boynton Beach Mobile Parking Program, Parkmobile agrees to cover all social media, standard marketing and advertising costs. • Parkmobile agrees to provide the City of Boynton Beach with free access to our integrations with meter manufacturers as well as enforcement and LPR manufacturers so that seamless enforcement of mobile parking transactions continues to occur. • As a backup to the free integrations, Parkmobile agrees to provide a cloud-based enforcement portal with secure credentials to validate active OnDemand smart parking sessions for each of your location(s) where the City of Boynton Beach's smart parking services are made available. • Parkrnobile agrees to provide the City of Boynton Beach with free access to our new Parkmobile 360 Customizable Self—Administration Toolset with secure credentials to evaluate usage by unique identification numbers established directly for your OnDemand smart parking footprint. 9 Page 368 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 Vigilant Pricing To be Paid Direct by Owner to Vigilant Qty Item# Description Subtotal Price Excludin sales tax (1) Mobile LPR SYS-1 Mobile LPR 2-Camera Reaper High-Definition System (Expandable $11,125.00 CDM-2-22--RHD to 4 Cams) Hardware: Qty=2 8mm lens package VLP-5200 Processing Unit Wiring harness w/ignition control(Direct to Battery) o Single point power connection Field installed GPS antenna Software: CarDetector Mobile LPR software application for MDC unit o LPR vehicle license plate scanning/real time alerting o Full suite of LPR tools includingvideo tool set (1) VS- Client Portal Account $0.00 CLI ENTPORTAL-H Vigilant Client Portal account for management of client-owned LPR data and systems Management of users, data sharing and access control permissions Use of Vigilant's patented analytic tools (1) SSU-SYS-COM Vigilant System Start Up& Commissioning of'In Field' LPR system $875.00 • Vigilant technician to visit customer site • Includes system start up, configuration and commissioning of LPR system Applies to mobile(1 System)and fixed (1 Camera)LPR systems (1) VS-TRNG Vigilant End User Training for LPR Systems $1,275.00 End user training for Vigilant products o Covers all client purchased applications o Includes classroom and field operation training Vigilant certified technician to visit site and perform one training class (1) VS-TRNG Vigilant End User Training for LPR Systems $1,250.00 End user training for Vigilant products o Covers all client purchased applications o Includes classroom and field operation training Vigilant certified technician to visit site and perform one training class (1) VS-TRVL-01 Vigilant Travel via Client Site Visit $1,550.00 Vigilant certified technician to visit client site Includes all travel costs for onsite support services (2) CAM-MOUNT- Universal LPR Camera Mounting Bracket $300.00 FLAT-ASSY-SET • RAM Ball Mount with Flat Base • Mounted directly to vehicle surface o Requires drilling • Includes Locking Plate, Thumb Screw and Locking Screw 10 Page 369 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-9265-E9B23BFCC3D6 One per camera (1) VS-SHP-01 Vigilant Shipping Charges $130.00 Applies to each Mobile LPR System ShippingMethod is FOB Shi in (1} INSTALL Physical Installation of LPR Cameras, In-Vehicle Laptop Mount and $2,000.00 Dock (1) In-Vehicle In-Vehicle Tablet, Docking Station, Side Mount $5,200.00 Hardware • Panasonic Toughpad FZ-G1 Windows 10 Pro • Havis Docking station for Panasonic Toughpad FZ-G1 with LIND power supply and dual pass-through antenna Premium passenger side mount package Total Price (Excluding sales tax)Paid direct to Vigilant by City of Boynton Beach(Owner) $23,705.00 Quote Notes: 1. All prices are quoted in USD and will remain firm and in effect for 60 days. 2. Returns or exchanges will incur a 15% restocking fee. 3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee. 4. All hardware components to have standard One (1) year hardware warranty. 5. All software to have standard one (1) year warranty for manufacturer defects. 6. Vehicle year, make, and model required at time of order h . ��Em I Option Year Option Year Line Item Year 2 Year 2 Year 3 4 5 CLK (Software) $1,050 $1,050 $1,050 $1,050 $1,050 Integrations $2,000 $2,000 $1000 $2,000 $1000 Parking Toolkit $1,000 _$1.000 $1.000 $11000 $1,000 Total $4,050 $4,050 $4,050 $4,050 $4,050 Optional-Warranty $1,050 $1,050 $1,0.50 $1,050 $1,050 *CLK Integration/Toolkit required for each year of contract 7. DOES NOT include in-vehicle cellular connectivity. Modem or Jet-Pack needed for in-vehicle cellular connectivity. 8. Includes costs to integrate with Parkmobile mobile payments and Parkeon multi-space meters 9. System proposed can perform time limit, permit, and scofflaw enforcement Years 1 through 3 (+ Option Years 4 & 5 per Contract Term ) Recurring Costs made a part of this contract & paid to Parkmobile annually. 11 Page 370 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 Flowbird Pricing stradaPall Rapkile TPAL P�bP (Acceptscoin and carat Solar pow r Operation vdAuto nommsus 8attaty 7"Calm SCMan One Yeat Wanarnt Cairn Au*ptodVafidator CTed tial Hard deader Madam and Antemma Kit Coin canister and 7 spare ienduded Thermal Graphic Anter wISoff Shaipaning Receipt Cutting Slade 1 RON of papat Petsonahted Softwata Including Progianwing and Westin InsWetionai Gra his and Peftonalized Rate plata Mufti Lir ual Button inommaot and Max Buttons to CmdIt Card Payments Cmdu Card Softwram N1Y Y"M iii "DOTAL S 6 7 .00 45 624.E P' "�A ParkMobft intewation $ 685.00 685.00 Stopping6 200.00 1,20D;00 lnstvM by Consolidated Panking(rJ,a s'u Ir[s, in c,(.a'stsr°l B 1 ,80,00 Taxes not lmitr L, $ 7811 til? $ 4 . .City SOS l anagoment Fees Monthly Feat Monithly Total myParkt'sli Sack4fte Software Managomiant Systam $5g $348 (twitted separately monthly by FLOb D) lriudas t 2 way w:ko ss Donate " 'y VAMIass Mena tees C)mre amass to hosted satuars sari Processing and storage of al trarnsa " ns,maMemamce,alarms,&statistic. CI`ataease space PCI Level i CadMad teal-tana teal-t, edit card authoftafibn amount sat-up and management Secure user rights management please send a tlestiurrs to: Jerry Acosta Sales Manager Consolidated Pae ring Equipment Mand,FL 33166 Phonat(306)567-466 Email jatosta*oneofld&todpaYkhV.com 12 Page 371 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-92B5-E9B23BFCC3D6 CivicSmart Pricing Wow,Npttq TPrr&rrowgiart,hu, mrrir�r3 t4ar. FRaayrrogroar�#6r��a¢Fa �##roi�r 9r��er� Ra. amoto db, 10 kl7 Tt%mato Prop ed bow 7/3 1/2019 batt"k mqp00ow kxory Ow, 111341109 "at9�lt& 5„xnatwn �ar�la N�vtc?�,� roa^Ctlr 1�Y§2 TI€tta �4 4Tatrr �rroa�ra � +� Nt�l&app al � I��StRfT � 5 l,�mllftRC R NUO Garth'l fl'wrmat t a4a4e Pfin9, a C knkoh,bt 4,0S e.RNI a a k.4K Ftt1t1 ttdmolar„{r 1C;tST(;t �tJ 166(W Not R t'40ATT k' y9 TFa,kTR;1 a Y,r4l it .Ffl WSkta Soft(4w 69,M) z 2Tta tu"t aa" g - `x•I' re. «f wro.+`e «,av.irk`, a„,�r,, ,..� ". r #:'F5 t~ rf„ NMI tf#t�&r,kft3#�JOAw”kt& r01%,or-the aVl ! � l"7ra.G}tf T +a tr an t k ka"!IONAL Z.as rro CQSC*Zebra U rat WatrrioHatt,5 yearn Mal,Wrrrtartt k F a; TSt'ft tv t;rrea rctvarpuV 5 t ta, to rararr i AFG C»R1 [1 V,QS f3 Tirotmal Npw Chiottsa++.(COV uorsasty:T401 14 Trr.iwrf; a Kok f G Itly�3 t 10,0414 Iattrat�l rt trtrF a1 foot" a,. VAI PCI A.a turd A4)td6$Ut Fork6ltp t°UUop lUraarroe 1tvr. 1 a,., f,l#rtF9 p3tl A' W4 V4'as fwl'�Frza,+rro rr k fht'fi4*'Ys wireo""A T},t.hcf uph'iAlp to ta4#sv � d,Ka ar,Ua1 Y � JAIII 100) PrOUattiatt„ty%I CY'§) r trztti; t t4 aa°w tis paria�b4t erooke payre,�aatt(950 d6t,0404$ftrbrrs$0,� 5 HKd,Ct:t ,laro Y. as d#,,dllfkt,ill arr NO of 4 rararta+ailarvaaa°�a��rr4drnrre4j 5 '.tal b4gam Ir„app. i tocioded SW G,Ni Motr,ra metol V(r dol) tot) F 1,60 SWC' Utwo thbantaaal LfIt Frtttat U.,'An ond flittorMion a 2101 ,Ot1 t rl .Rtas a �' atu 000i N 43MT HH haw*,-0Fa PrrorRa"a Marisg rrarrM&Conf ourtrtrcaas l,�a=(fit 1 � t, Ckl3,GNT TpAININO (?rc•ttlmTaAstw'#4a1t aaft, trod"OVAtrwoovll-pet ml CfIN t ,I24 ,Fttt F knt hrzS ttfS (tC 100,00 f s, 1� 5 RH w4rolois r✓xtarrar rn,rt. Rir Ser seam(ta(jet 5 00 v 5 100.I1#1 Icsraaada ;�aatti I°('r4,IF%QnW4FV MArttatrriaterrt,,#ttkkv{STe A ttoWne Keot8 t0n Al WPPoW Irowerface antearations,fxwA rt F1*ro,arw Srtpport Dee$em*m PC,k $iL,Vtft HOWIC,NtAmor Potrav ry void Att V auh Moowu Kmagement saaaMcalpaartq r' t, T,aniuowod on tmu;k par, 13 Page 372 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-9285-E9B23BFCC3D6 Full citation processing software suite configuration, training, implementation, hosting,and ongoing support ■ Citation records management system (AutoPROCESS) ■ Registered owner acquisition ■ FL DMV registration holds • Processing notice generation and mailing ■ Mail payment processing(Lockbox) Parking Management Software _ $1.99 ■ Web& IVR credit card payment Per Citation Issued processing(hosted website and IVR system) ■ Data Entry(for handwritten citations) ■ DMV vehicle registration hold services ■ Customer service(live call reps.) • Late notice generation, mailing,and PDF image import on up to a 3 processing notice series • Correspondence processing Document imaging (notices, originally issued citations,other multimedia) $3.50 Web/IVR Payment Convenience _ Per payment Hosted payment website and IVR systems Fee(Paid by Motorist) transaction via web or IVR systems Applicable USPS bulk postage rate Postage for Processing Notices - $0.419* Direct pass-through costs for all letters sent Per letter sent *As of 7,31112019 tr A full-service secondary collections process following after assignment to collection agency ■ Notice generation(notice and postage costs are 30.00% included in percentage of revenue collected fee. of revenuerevenueS Special Collection Fee - There are no additional costs.) p collected, ' Target population analysis • Effectiveness reports ■ Skiptracing ■ No name and address research Outbound Calling 14 Page 373 of 1128 DocuSign Envelope ID:65AOD3B4-8424-4CA4-9285-E9B23BFCC3D6 TERMS AND CONDITIONS I. Client will be responsible for all postage costs associated with the mailing of notices mailed prior to assignment to special collections. Vendor is responsible for postage costs following assignment to special collections. 2. All post-implementation changes or enhancements requested by Client will be performed by Duncan on a time and materials basis. The billing rates to be used will be the rates in place when the work is completed. All requests for systems changes and/or enhancements will be submitted in writing by Client, from which Duncan will furnish an estimate. 3. Consumables, including receipt paper, printer ink cartridges and toner will be provided by, or purchased by. Client. Vendor will provide citation stock. 4. This agreement is subject to monthly contract minirnum of$3,500.00. If the sum of Client's itemized invoice falls below this threshold, Client will be billed a fixed $3,500.00 program management fee in lieu of the itemized rates listed above. Threshold evaluation will be conducted monthly, during invoice preparation. 5. The above pricing is based on a three (3) year contract term with two (2) additional option years for a total potential term of five (5) years. In the event Client requests a different term or an alternate structure, we will also need to evaluate impact on the prices contained herein. 15 Page 374 of 1128 6.H. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-082- Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their July 27, 2020 meeting and give authorization to do the following: 1. Establish wastewater user rate at 1.11/1,000 Gal (O&M rate of $1.06/1,000 Gal and R&R Reserves Rate of$0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2020/2021; 2. Establish reclaim user rate at $0.18/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2020/2021; 3. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2020/2021; 4. Accept the 2020/2021 Wastewater and Reclaim O&M Budgets. Explanation of Request: On July 27, 2020 the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. The City Commission ratification is the confirmation process for the action taken by the South Central Regional Wastewater Treatment and Disposal Board. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 375 of 1128 ATTACHMENTS: Type Description D Resolution Resolution ratifying actions of the SCRWWTDB at the July 27, 2020 meeting D Other SCRWTDB Ratification of July 27, 2020 Page 376 of 1128 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 RATIFYING THE ACTIONS TAKEN BY THE SOUTH CENTRAL 5 REGIONAL WASTEWATER TREATMENT AND DISPOSAL 6 BOARD, AT THE JULY 27, 2020 QUARTERLY MEETING, AS 7 STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY 8 MANAGER AND CITY CLERK TO SIGN SAID RATIFICATIONS; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 12 (SCRWTDB) requests ratification of the actions taken by the Board at the Quarterly Meeting of July 13 27, 2020, as set forth on the attached Exhibit"A", and authorizes the City Manager and City Clerk to 14 execute said Ratifications. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 17 CITY OF BOYNTON BEACH, FLORIDA THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 19 true and correct and are hereby made a specific part of this Resolution upon adoption. 20 21 Section 2. The City Commission does hereby ratify the actions taken by the South Central 22 Regional Wastewater Treatment & Disposal Board on July 27, 2020, as set forth on the attached 23 Exhibit"A, and authorizes the City Manager and City Clerk to sign said Ratifications. 24 25 Section 3. This Resolution shall take effect immediately upon passage. 26 27 PASSED AND ADOPTED this day of August, 2020. 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 Mayor— Steven B. Grant 31 32 Vice-Mayor—Ty Penserga 33 34 Commissioner—Justin Katz 35 36 Commissioner—Woodrow L. Hay 37 38 Commissioner—Christina L. Romelus 39 40 VOTE 41 ATTEST: 42 43 44 Crystal Gibson, MMC 45 City Clerk 46 47 (Corporate Seal) 1 S:ACA\RESO\SCRWTDB Quarterly Meetings July 2020 Ratification-Reso.Docx Page 377 of 1128 �PS-AWAT-(F--F .. Uj 5 �I a 1 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 27, 2020 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on July 27, 2020, by a vote of 6-0, did give AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE AT 1.91/1,000 GAL (O&M RATE OF $1.06/9,.000 GAL AND R&R RESERVES RATE OF $0.0511000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 2020/2021;AND FUND DEBT SERVICE BASED ON OWNERSHIP. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on July 27, 2020, by a vote of 6-0, did give AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.1811000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 2020/2021. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on July 27, 2020, by a vote of 6-0, did give AUTHORIZATION FOR THE CAPITAL IMPROVEMENT PLAN AND ASSOCIATED FUNDING PLAN. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on July 27, 2020, by a vote of 6-0, ACCEPTED THE 2020/2021 WASTEWATER AND RECLAIM O&M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of by a vote. Page 7 of 2 Page 378 of 1128 CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Page 2 of 2 Page 379 of 1128 r Approved AnnualBudget — 10/0112020 - 09/30/2021 Approved t JulyMeeting Page 380 of 1128 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS REPAIR&REPLACEMENT RESERVES FUND USER RATE&PROJECTED COST TO CITY OF BOYNTON BEACH&CITY OF DELRAY BEACH FN 2020-2021 REVENUE ANALYSES FY Rate Description Unit FY 2019-202.0 2020-2021 %Difference O&M Budget Revenue per 1,000 gal $1.06 $1.06 0.0% Reclaim Water Wholesale Re per 1,000 gal $0.18 $0.18 0.0% R&R Reserves per 1,000 gal $0.06 $0.05 0.0% Debt Service 50/50 Ownership Funding $1,200,000.00 $1,200,000.00 Prior Year Surplus $28,457.00 $23,474.00 _.... ..J..,._ CIP Funding 50/50Ownershil Funding 0.00 $0 00 Total Revenue $8,305,339 $9,306,255 10.8% 2020-2021 OPERATIONS&MAINTENANCE BUDGET AND RATE CALCULATION O&M Budget including deep injection well pass through costs $7,862,755 0&M Budget including deep injection well pass through costs less debt Svc $6,639,281 PROJECTED FLOW Billion Gal Rate Unit_ REVENUE MINIMUM 11.1 rrild 6242 $1156 1 D00,gal $8,6 1 281 AVERAGE 17.5 mgd 6.296 $1.05 11,000 gal $6,639,281 MAXIMUM 17.7 mgd 6.388 $1.04 /1,000 gal $6,639,281 RECLAIM OPERATIONS BUDGET AND RATE CALCULATION Reclaim Water O&M Budget including deep well Expenses $1,143,500 PROJ.WHOLESALE FLOW Gal RATE Wholesale Rev MINIMUM 17 0 mgd 6.205 S018 11 0017 agalb,ns 1 14,t ti61t1 AVERAGE 17.5 mgd 6.205 $0.18 11,000 gallons $1,143,500 MAXIMUM 17.7 mgd 6.388 $0.18 /1,000 gallons $1,143,500 FN 2020-2021 ------------- User Flows Unit RATE/1,000 gal Comments Revenue City of Boynton Beach 1.500 billion gallyear $0.18 $ 276,430 City of Delray Beach: 1.000 billion gal/year $0.18 $ 184,287 SCR Deep Well 3.645 billion gallyear $,0.18 s SCR Process 0 4 Ud 0.060 billion palh�qar $0.18 Total Flow IRevenue 6.205 billion.gallyear $ 1,143,500 Expenditure I Revenue Check - - Combined GF&Reclaim Budget= $9,006,255 Combined GF&Reclaim Revenue= $8,982,781 Use of Prior Year Surplus _ $23,474 REPAIR-S&REPLACEMENT RESERVES/CIP FUNDING _.ows - .. PROJECTED FLOW Flows Unit RATE!1,000 gal Comments Revenue fu ININIUM 1Y 0 m d 6,205 111hol)gavyear $006 WAND AVERAGE 17.5 mgd 6.388 billion gallyear $0.05 $300,000 MAXIMUM 17.7 mgd 6.461 Billion gallyear $0.05 $300,000 Yearly Monthly Monthly Annual CIP Transfer` $0 $0 66 $0,00 $fJ Annual Capital Reserves Revenue $300,000 Total Funding for SCRW WTDB $9,306,255 Funding Source Estimates City of Boynton Beach= $ 4,301,213 City of Boynton Beach= $ 60U,000 City of Delray Beach= $ 3,098,785 City of Delray Beach= $ 600,000 Use of Prior Year Surplus $ 23,474 Sub-total $ 8,623,472 IEt 783 Total $ 9,306,255 *Annual CIP Transfer is based on CIP Five Year Budget Page 381 of 1128 r O C7 N OO � rn � � O O O d" u7 i CD p W N In N f� I- 0 0 0 d' N N In C117 O Ln "Zi' M ( Ur � a) It N 1` CA O r N O NO r- C- 1-: LO LP> r N O O N N m -• Ln r O N 1` rl- Il- LO 0) CD O N 00 '� N 1- 1 0000 M n O (6 cli N Nti O � Noo N O ( R3 N � r rte- CA O O cyi -47 r v N N F- 0 M N r O tt o C� � O O O r` r LO m N F— LQ Ln OO 00 � O O O d� 0 'a NLO O r O UJ d 00 00 Cr a) � (D C7) v- O r 1'. 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DESCRIPTION ACTUAL ACTUAL BUDGET 06/302020 BUDGET 1212 REGULAR WAGES $794.291 $761.992 *937.500 $552.513 *937.500 12121 G|CK/VACAT|ONREDUCT|ONG 29.588 100.937 50.000 41.321 50.000 1214 OVERTIME 96.907 125.874 130.000 109.184 130.000 12151 EMPLOYEE ASSIST. PROG. 644 594 750 347 750 1221 SOCIAL SECURITY 89.046 81.030 105.625 09.289 105.625 1223 HEALTH INSURANCE 153.355 186.525 220.626 109.334 227.241 12231 DENTAL INSURANCE 4.428 4.212 6.600 3.383 0.600 12232 DISABILITY INSURANCE 5.005 6.022 11.000 5.596 11.000 12233 LIFE INSURANCE 1.834 2.076 2.000 3.174 2.000 12254 VISION CARE 1.153 985 1.000 851 1.000 1224 VV0RKER8'COK8PENS8T|ON 40.501 19.358 36.000 14.056 36.000 1225 UNEMPLOYMENT 122 76 2.000 324 2.000 1236 PENSION 34.643 10.085 175.000 41.554 175.000 1237 DEF COMP SUP 16.148 19.217 20.000 31.755 21.000 1258 M.G.A.CONTR|8UT|ON 3.801 V 1,000 O U 1240 PAYROLL CONTINGENCY 300 310 0 1.432 0 -------------------- ----------------------- ---------------------------------------------- ------`---`---------` TOTALPERSONNEL SERVICES SERV0CES ACCOUNT 2017'2018 2018'2019 2019'2020 2019'2020 2020'2021 vTD@ PROPOSED NO. DESCRIPTION ��TV�� ��TVx� BUDGET n6/am�n2o BUDGET _ _ _ _ _ 3100 MEDICAL SERVICES $3.416 $3.285 $5.000 *3.540 $3.000 3110 LEGAL(GENERAL&ADMIN) 25.781 21.774 31.000 10.831 51.000 3120 SERVICES (G&/) 85.807 94.140 67.300 40.200 67.500 5200 AUDITING 21.000 22.000 30.000 21.500 30.000 8300 LAB PERMIT TESTING 9.654 O 15.000 8.520 15.000 3400 METER CALIBRATION 6.855 5.841 10.000 5.810 10.000 3408 PELLET|Z/T|ONFEEG GVVA 1.079.571 1.038.483 1.272.000 753.028 1.272.000 3410 SLUDGE HAULING 300.552 202.148 270.000 184.557 270.000 Page 384Of1128 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FY2O20`%02iGeneral Fund Budget 3411 GRIT HAULING 100.782 165.126 120.000 81.952 120.000 5412 TRASH HAULING 804 1.666 5.000 1.694 3.000 3500 SERVICES(Ops&Maint) 90.962 81.480 111.200 05.770 111.200 TOTAL SERVICES OPERATIONSMAINTENANCE ACCOUNT 2017-2018 2018'2019 201e'2020 2019-2020 202$'2021 YTD @ PROPOSED NO. oESCR|pT|ONACTuAL ACTUAL euomET 08/30/2020 BUDGET 4000 VEHICLE EXPENSE $8.811 $8.546 $10.000 $0.311 $10.000 4020 BOARD CONTINGENCY 0 O 1.000 O 1.000 4100 TELEPHONE 10.443 11.300 8.000 0.589 0.000 4102 POSTAGE 3.882 0.787 1.000 2.057 1.000 4300 ELECTRICITY 750.862 753.255 840.405 398.200 744.705 4302 WATER 24.344 8.512 8.000 9.428 9.000 4803 IRR/PROCESS RECLAIM WATER 8.468 4.172 11.057 2.955 11.057 4504 INJECTION WELL PROCESS 713.445 59e.458 671.726 505.522 671.728 4400 EQUIPMENT RENTAL 130 9.820 10.000 2.320 10.000 4500 INSURANCE 200.015 281.768 240.808 273.797 270.800 4000 M&R EQUIPMENT 180.457 237.740 120.000 140.993 *150.000 4620 M&R VEHICLES 15.670 13.350 9.000 8.306 9.000 4030 M&RGROUNDS 14.707 13.120 15.000 8.421 15.000 4040 M&RBUILDINGS 10.098 6.545 15.000 12.792 15.000 4650 M&RUNSPECIFIED 576 O 10.000 0 10.000 4900 ADVERTISING 6.530 5.350 5.000 1.210 5.000 4902 LICENSE&PERMITS 12.253 18.141 18.725 11.680 16.725 5400 MEMBERSHIP DUES&OUBSCR|PT|O/ 391 490 4.000 608 4.000 5410 TECHNICAL TRAINING 3.485 5.106 12.000 761 12.000 5420 EDUCATIONAL EXPENSES 2.634 2.054 5.000 0 5.000 -'-------'-- '------------- -----'--'---------------'- -----'----'- TOTALOPERAT|O0SUmA|wT. $1,980,417 $1957544 Page 385Of1128 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FYmVzV-2n21General Fund Budget ACCOUNT 2017'2018 2018'2019 2019-2020 2019-2020 2020-2021 YTo@ PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET 06130/2020 BUDGET - 5100 OFFICE SUPPLIES $4.742 $6.402 $7.500 $4.800 7.500 5201 SAFETY SUPPLIES 8.981 10.860 15.000 5.235 15.000 5202 GENERAL OPERATING 11.958 18.125 10.000 5.790 10.000 5203 JANITORIAL SUPPLIES 1.212 2.783 2.000 1.329 2.000 5204 LABORATORY SUPPLIES 632 1.240 10.000 270 10.000 5210 CHEMICALS 027.480 734.112 843.800 527.752 701.192 5220 OIL, FUEL, LUBRICANTS 1.253 2.134 5.000 5.590 5.000 5225 DIESEL 5.589 20.421 15.000 27 15.000 5280 CONSTRUCTION MATERIALS O O 4.000 1.078 4.000 5240 UNIFORMS 5.928 3.182 8.000 7.880 8.000 5250 SMALL TOOLS <$75O 2.724 6.249 5.000 8.358 3.000 5251 OFFICE EQUIPMENT<$75O 3.901 3.045 1.500 4.040 1.500 5252 LAB EQUIPMENT<$750 O O 2.000 0 2.000 5255 PLANT EQUIPMENT 1.107 SS 1.000 2.795 1.000 ____________ _____________ __________________________ _____________ TOTAL CHEK8|CAL80SupPuse $673,524 $809,662 $845193 ���� ���' ������� OPERATING EXPENSES (SUMMARY) SERVICES $1.705.244 $1.705.353 $1.932.500 $1.182.285 $1.932.500 OPERATIONS/MAINTENANCE *1.380.417 $1,957,544 $2.018.573 $1,460.318 $1.978.873 CHEMICALS GSUPPLIES $073.524 $809.062 $727.800 *572.824 $845.182 -'--'------- -'-'-------'-' --'--'---'---- ------'----- --------------------- TOTAL OPERATING ---'----'-'nOTALoPERAT|NG EXPENSES OPERATING CONTINGENCY ACCOUNT 2017'2018 2018'2019 2019'2020 2019-2020 2020-2021 YTD@ PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET 0e130/2020 BUDGET - 4890 OPERATING CONTINGENCY $O $O $100.000 *U $100.000 4992 INTEREST/FEES/PENALTIES 100 1.942 *o *737 $o 4995 TRANSFERS OUT U U $U $O $O ------------- ---------------------- --------------------------------------------- ------------------ ToTALOPERATING CONTINGENCY Page 386Of1128 South Central Regional Wastewater Treatment and Disposal Board WASTEWATER OPERATIONS&MAINTENANCE BUDGETS FY2O2O-2021General FundBudget OPERATING ASSETS ACCOUNT 2017'2018 2018-2019 2019-2020 2019'2020 2020-2021 Y7D@k PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET 06/3012028 BUDGET 0400 OPERATING ASSETS 13.388 20.346 $15.000 $9.457 $15.000 -----------'— ------------- --------------------------- ----------------- TOTALOPERATING CONTINGENCY ENGINEERING ACCOUNT 2017'2018 2018-2019 2019'202$ 201$'2030 2020'2021 YTD@ PROPOSED NO. DESCRIPTION ACTUAL ACTUAL BUDGET 0�3o/un2n aummET ' ' ' 3150 GENERAL $73.920 $43.565 $80.000 $11.885 $60.000 3100 B|OTOX|CITY $O *O 3162 PRETREATMENT $O $O O 5163 THERMAL SCREENING $O *O *4.000 0 4.000 ------------ -------------- --------------------------- --------------------- TOTAL ENGINEERING DEBT SERVICE ACCOUNT 2017-2018 2018-2019 2019'2020 e01*-2020 2020~2021 YTo@ PROPOSED ��. DESCRIPTION ACTUAL ACTUAL BUDGET oomumouu BUDGET _ _ _ _ _ _ _ _ _ 7100 PRINCIPAL-BANK LOAN 2V1U $n $1.090.000 $820,000 *820.000 *840.000 7200 INTEREST-BANK LOAN oU18 $o $356\561 $*no.*sr $210.399 $383/474 ----------'— ------'-----' —'---------- '---'-----'— ----------------- TOT4LDEBT SERVICE $0 *i.446J5O1 �1�eU�57 *1.V3V.39g 1,223,474 TOTAL GF BUDGET- $5,719,028 $7,304,844 $7,785,431 $5,262,395 $7,862,755 Page 387Of1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2020-2021 Budget Line Item Detail PROPOSED FY PROPOSED 202012021 YTD as of ACCT.NO. ACCOUNT TITLE DESCRIPTION DETAIL BUDGET 0613012020 PERSONNEL 1212 REGULAR WAGES Base wages-22 Regular Employees; 1 part-time 1,250,000 552,513 3 Administrative(Oper Comm, Admin Asst) Reclaim 312,50 2 Lab Wastewater 937,500 9 Operators(including Chief)+Holiday reg 7 Maintenance(Lead Mech& Chief) 1 Board Accountant (25%man hours for Reuse) 12121 SICK PAY REDUCTION Employees 96 hours sick pay 30,000 12,366 12122 VACA PAY REDUCTION Vacation up to 120 hours 20,000 28,955 1214 OVERTIME Shift coverage as required for plant operations. Employees working over 40 hours per week(excluding sick hours) are paid at time and a half, 12140 Administration $0 16 12141 Emergency Coverage 3,000 0 12142 Maintenance 10,000 6,048 12143 Shift 1&3 Coverage 40,000 40,181 12144 Shift 2&4 Coverage 40,000 22,276 12145 Shift 3 Coverage $0 6,554 12146 Training 3,000 0 12148 Holiday Coverage 26,000 32,220 12149 Lab/Pretreatment 6,000 1,889 12150 Special Projects 2,000 0 ----------------- 130,000 12151 EMPLOYEE ASSISTANCE Board cost:$2.75 per employee per 750 347 PROGRAM month. Provides family counseling and referral services to employees and their families. Legal and financial consulting. 1221 SOCIAL SECURITY/ Employers estimated cost: 7.65% 105,625 69,269 MEDICARE Social Security-62% Medicare-1.45%. 1223 FLORIDA BLUE Board Allowance per employee[211 is estimated @ 227,241 109,334 HEALTH INSURANCE (21 *901.75)*12 mths 12231 DENTAL INSURANCE Board cost per employee @$25.00 monthly 6,600 3,383 12232 DISABILITY INSURANCE Short and Long term disability insurance provided 11,000 5,596 by the Board at approximately on 40 hour base pay per employee. 12233 LIFE INSURANCE Board provides term life insurance. 2,000 3,174 12234 VISION CARE Employee vision plan- 1,000 851 1224 WORKERS"COMPENSATION Cost per employee based on a 40 hour 36,000 14,656 base pay and claims rating-/+annual audit 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 324 to claims received. Page 388 of 1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2020-2021 Budget Line Item Detail PROPOSED FY PROPOSED 2020/2021 YTD ascx xcoT.wo� �o��umTTn�� osoCmpT|�m o���|� euoG�T nsmo/oouV ��_ _ _ � � _ � ' �I _���__ ._ � _ ­ �-� 1236 PENSION o*fnod8oa� cmnoibmUonboxeuon40 175.000 41.554 hours b000 pay for participants plus administrative fees. (Forfeiture funds used to offset) 1237 DEF COMP SUPPLEMENT Deferred comp 21.000 31.755 1240 PAYROLL CONTINGENCY 1.432 ____________ TonuLpsmoOwmsL 1.705,716 VwtVoo SERVICES 8�T.NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals,drug screens&immunizations $3.000 3.540 3110 LEGAL SERVICES Attorney fees: 31101 Admin-Biggs $31.000 16.831 ----------- 31.000 3120 8env|CE8: 31uOOPayroll Processing 12.000 8.830 General&Administrative 31201 Accounting&Bookkeeping 1.000 O 31202 Computer Consultant&S&NLiu renewals 25.000 2*.550 31205 Contract Employees 20.000 0 31205 Insurance Review 2.000 O u1zo6Copier Maint. Contract 4.294 31207 Appraisal Fee(completed 2O1O) O U 31208 mperWeb(work vrder)'Othem 7.300 87.500 4^e00 '----'--'-- O 3200 AUDIT FEES 32001 Annual Audit'GASB&Standards 30.000 21.500 (total$3n.0UO'Reclaim~$o.000) 3300 LAB PERMIT TESTING Outside Lab Testing Services 15.000 9.320 3406 METER CALIBRATION Calibration uftransmitters,totalizers, 10,000 3.816 FLORIDA SERVICE recorders,and flowmeter pump oorequired. 3409 SLUDGE PELLET|ZAT|0N 24.000 VVe,ton per year°est$53 1.272.000 7e3.026 Any additional na|otod costs 3410 SLUDGE HAULING Haul toSVVAPo/|auizodon 24.00Utons°$1125 270.000 184.557 transportation re-route when required. 3411 GRIT HAULING Grit and Debris oumpstam'z 120.000 91.952 3412 TRASH AND HAULING Tipping fee for trash hauling. Regular trash container. 3,000 1.68* 3500 esnv|oEa: Operations,Maintenance 8 35001 Centrifuge 25.000 28.833 pmhanoivna| 35002 Air Scrubbers Balancing-vibration testing 2.000 D 35003 Generators[3units] 10.000 11.117 35004 Lawn Maintenance 24.000 14.915 ouoon Admin. Building Cleaning 6,000 4.080 JnOo* Lab Equipment Calibration 2.000 O 3e007 Sodium Generators O O 55008 Other 8CADA, PLC 30.000 6.725 35009 Water Softener 1.000 0 35010 Contract'Operations Worker O 0 35011 Lab Compliance Consultant 11.200 111.200 O External Auditor for Lab*11.2OO ----'-----' -------------- TmTxLSERVICES $1.932.500 1.192.286 Page 389 Of 1 128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2020-2021 Budget Line Item Detail pRmpoeEoFY PROPOSED 2010/2021 YTD aaof ACCT. NO. ACCOUNT T| � DESCRIPTION DETAIL BUDGET 06/3012020� _ � � � OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS&SUPPUES OPERATIONSIMAINTENANCE ACCT. NO. ACCOUNT TITLE BUDGET DESCRIPTION 4000 VEHICLE EXPENSE Mileage reimbursement @ $D.5Ohni|m(FED rm»e)�Fuel for company vehicles golf carts,and gas powered equipment (Due tothe fluctuating cost nffuel,weare estimating fuel) 40002 Mileage Reimbursement D 40003 Fuel for Vehicles/Equip 4O88gal$2,Bu 10.000 $10.000 3.311 ------------------ 4020 _________402O BOARD CONTINGENCY Plant Tours, Public Meetings,Community Outreach 40201 Board Expense:Public Outreach 1.008 4Q202Board Expense: Meals O 40284 Board Expense:Travel,Lodging V 1.000 Q ___________ 41OU TELEPHONE EXPENSE 6,000 0.589 Monthly base fees and long-distance usage including Fax.qm||u|mrphones and E+nai:|nhmmeb/websVe 4102 P0GTn6s 1.000 2.357 U.S.Mail-Rate$.48first class/Equipment lease 4300 ELECTRICITY 744.705 3e6.200 13.065.000kw~.057/kw P|untavg 17.0mgd 4302 WATER CONSUMPTION 9,000 6.428 Consumption ofplant ovg$1.00O@mth~2o96 *304 INJECTION WELL PROCESS 671.726 505.522 Estimated'Pass Through Anticipate 1Dmg@day @$0.18/1000=5.475mgy 4303 IRR/PROCESS REUSE WATER 11.057 2,935 Irrigation water cost.4mgal/day @*]e/1no0 4400 EQUIPMENT RENTAL 10.000 2.328 Cranes,various equipment,and instru- ments as required nvtm'montsaumquinad inmaintenance and operations. 4500 INSURANCE EXPENSE 45001 General Professional Liability 54.000 32.089 45003 Employment Practices 1.000 O 45004 Fiduciary 2.000 1.984 4oUOoEquipment Floater O 3.126 45008 Petroleum Storage Tank 2.100 0 4*007 Pollution Liability (5yrpolicy uo12-2n1o) 12.600 8.293 45008 Commercial Property 185.000 207.850 45009 Boiler&Machinery 7.200 e.024 45011 Employee Dishonesty 0'100 6.203 4oO12Cyber Liability 1.825 5,220 ------- 270.800 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y2028-2O21 Budget Line Item Detail PROPOSED FY pRopoSEo 202012021 YTD asvf ACCT.NO. ACCOUNT TITLE DESCRIPTION oeT*|L BUDGET 061301e020 OPERATIONSIMAINTENANCE ACCI.NO. ACCOUNT TITLE BUDGET DESCRIPTION 4000 M&REQUIPMENT Annual repair items for pumps and plant equipment: 46001 Influent Building'oarsmoon» 25.000 18.149 40002 Aerators 5.000 10.6e4 40003 Blower Building 20.000 3.042 46004 GoruUUos 6,000 8.295 46005 Clarifier 15.000 17.739 46008 Return Building 10.000 457 40007 Solids Handling Building Centrifuges 35.000 24.274 46008 Hypochlorite 15.000 17.30* 46009 EQ Building 2.000 1.436 4no10Effluent Building 2.000 1.380 46011 Shop Building 1.000 2.171 46012 Office Building 2,000 2.517 46013 Dechlorination 1.000 O *0014 Miscellaneous (GMS) 10.000 32.468 46015 Operators Office 1.000 *07 ----------- m50.000 4620 maRVEHICLES Annual repairs for vehicles: *0200 Company Vehicles 2.000 1.084 46201 Tractor 1.000 896 46202 Ouawa-Off road trailer 1.000 514 *6203 Service Carts 3.000 6.225 48284 Boom Lift 1.000 558 46205 Other 1.000 89 ------'--'- 9,000 4630 M&nGROUNDS 15.000 3.421 LonunoapmO,sprinkler systems, retention ponds, piping, etc.(west fence) 4640 M&nBUILDINGS 15.000 12.792 Painting,Repair orreplacement ofdoors, oovaeno, locks,windows,ceiling tiles, bulbs electrical,plumbing,and lighting toimprove energy efficiency. 46*0 MuRUNSPECIFIED 10.000 o Funds for emergency orunidentified equipment deficiencies that require upgrade orimprovement inoperation. 4900 ADVERTISING 5,000 1.210 Advertisement and legal adallowance related mplant operation orbids and public notices. Page 391Of1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RY2020-2021Budget Line Item Detail PROPOSED FY PROPOSED 2020/2021 YTD eamf ACCT. NQ. ACCOUNT TITLE DESCRIPTION DETAIL BuDGET0s/3��O2U —' - ACCT.NO. ACCOUNT TITLE DESCRIPTIONi BUDGET 4e02 LICENSES AND PERMITS 10.725 11.696 STATE Professional&Operators license 1.000 Operating ponnit'Minor Modification 2.000 Annual Regulatory Program/Surveillance Fee 7.000 Storage Tank 000 Depart ofHealth Lab 1.000 ---------------- 11,200 PALM BEACH COUNTY Air Pollution Licenses 1.000 vvo|lfie|dPonnit 100 Storm Water sOO Tags onTrucks 100 Wastewater'Dept ofHealth 2,800 ------------------ 4,500 ________*.5OO CITY&SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage n ~ Special District Fee 175 cxxo, 850 ------------------ 1,025 _____1.Oco m*nO MEMBERSHIP DUES AND *.Ooo 609 OUaaCmFnOwu Dues Professional organizations Professional Registration and licenses,journals and subscriptions. 5410 TECHNICAL TRAINING CPssrequired for norenewal per rLosP Lab Technical,and Quality Assurance Short Schools;Personnel Seminars and technical conferences;computer classes o 54101 Conferences 5.000 781 54102 Meals 1.000 O 54103 Travo|&LoUging 4.000 12.000 O 54104 CEUooumoo 2.000 0 ------------------ 5420 _____u4on EDUCATIONAL EXPENSES 5.000 o c|oonen.books&foeo. ------------------- TOTAL OPERATIONS/MAINT. —'---'TonuLoPsmxT|Owexmm|mr $1.976.873 1.460.313 Page 392 Of 1 128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FM'2O2U'2O21Budget Line Item Detail PRoPoSEoIFv PROPOSED 202012021 YTD msnf ACCT.NO. �oo�VwTT|T�� DESCRIPTION DETAIL BUDGET Vmamoo2V ' � _ OPERATING EXPENSES: SERVICES: MAINTENANCE: CHEMICALS &SUPPLIES CHEMICALS AND SUPPLIES ���O. ACCOUNT TITLE BUDGET DESCRIPTION 5100 OFFICE SUPPLIES 7,500 4.368 Copier paper,stationery,printer ink cartridges business cards, check printing, general office supplies,unecessities. 5201 SAFETY SUPPLIES 15.000 5,235 Gloves,protective glasses,face shields, hearing protection,over boots, oer-p|ugo. m"ffs, emergency eye wash,cartridge renp|mtnm, gas cartridge,sterile storage bags for sop' irotom.gioin*octionoymamofo,veapiratum. fit test ampoules,respirator storage cabinets, disposal respirators,chemical spill obporb' ants. oi|oomant. |iquiduhumiva|neutno|izam. barricade tape, hazardous materials response kit,salvage drum,diffusion detector tubes, signs, labels,tags,first aid supplies,fire extinguishers and acneouohes, hazardous area lights,emergency small tools,safety charts, books. nuOo GENERAL OPERATING 10.000 5,790 nuPpusn Operating supplies, ra|n800,, kud'hata, boots,drage,tubes,gloves,hoses, fire hoses, pHmeters,oOmeters, sludge jugs,flags,water,m|nutest strips cooler supplies, batter|os, hurricane supplies, and other miscellaneous supplies. 5203 JANITORIAL SUPPLIES 2.000 1.329 ' Mops, brooms, paper goods, brushes, all necessary janitorial cleaning supplies. 5204 LABORATORY SUPPLIES 10.000 270 Laboratory upgrades and replacements. Reagents, glassware,replacement ofequip- ment, nppm,amo Lab supplies consumed by Process testing done inhouse. Plus msLAC 5210 CHEMICALS 52101 Polymer:455.0OUlbs @.95 lb 460.000 142.244 52103 c|2Sodium Hypo 12Y6. @$.49.5Gal 2O.000 30.192 46.514 uo1onMisc.Chemicals'oiou|fi»:.Sulfuric etc 10.000 23.314 52106 Caustic($0Sz.1Oper ton) 75.000 39.879 52107 Sulfuric Acid U 3.615 52108 Salt oOotons @$128.50.00°25Y4— O (669) 52109 Peroxide tons @ Odor Control 90.000 0 52110 Calcium Nitrate Odor Control 96,000 761.182 272.855 Page 393Of1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2020-2021 Budget Line Item Detail PnopoSEDFY pnoPooso 202012021 YTD oeof A�oT.NO� ACCOUNT DESCRIPTION DETAIL BUDGET 0613012020- — ' ' — —Plant=�1cOnn^z5-ntons ----'----- 5220 OIL,GAS,GREASE, AND 5.000 5.598 LUBRICANTS Miovgas,grease,oil and lubricants for pumps and mowers 5225 DIESEL FUEL 15.000 27 Diesel fuel for generator 5230 CONSTRUCTION MATERIAL 4.000 1.078 Walkways, signs,fencing,rails,platforms, small shelters, concrete,etc. Additional office and storage units. 5240 UNIFORMS 8.000 7.988 Provides five(5)new sets ofuniforms for employee per year. Basis cost of$coo.00each. Approved protective safety shoes: $100($200) employee per year(potential nftwo pairs due tnenvimnment). 5250 SMALL TOOLS AND 5.000 6.358 EQUIPMENT PURCHASE Hand tools,drills,bits,files,small toolboxes, electrical equipment, and small maintenance tools<$7oo.00value. 5251 OFFICE EQUIPMENT 1.500 4.040 Filing cabinets, chairs,calculators, adding machines,office mats,shelves, printers, tables<$7uV.0Ovalue. 5252 LAB EQUIPMENT 2,000 O Small equipment°$75V.O0 52e5 PLANT EQUIPMENT 1.000 2.7e5 Equipment used mmaintain grounds/buildings ----------- nJnwLCHEMICALS AND $845.1e2 *72.e24 ouPpusS OPERATING CONTINGENCY ACCT.NO. ACCOUNT TITLE BUDGET DESCRIPTION 4990 OPERATING CONTINGENCY *100.000 4e92 aAwurEsG/psm*cT|so $o 737 489e TRANSFERS OUT Transfer ofelectricity savings tvreserve for debt service $V 0 ------------------------ ______________ ToTALopsnxT|mGoowT|wGsmoY $100.000 $737 Page 394Of1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2020-2021 Budget Line Item Detail PROPOSED FY PROPOSED 2020/2021 YTD as of ACCT. NO. ACCOUNT TITLE DESCRIPTION DETAIL BUDGET 06/30/2020 OPE TING-ASSETS ACCT.N0. ACCOUNT TITLE BUDGET DESCRIPTION 6400 OPERATING ASSETS $15,000 9,457 To be utilized for Plant Operations/Maintenance ---------------------- $15,000 ---------77-------- $15,000 9,457 ENGINEERING ACCT. NO. ACCOUNT TITLE BUDGET DESCRIPTION 3150 GENERAL $60,000 11,885 3162 PRE-TREATMENT $0 0 3163 THERMAL SCREENING $4,000 0 Scan every 2 years ______________________ TOTAL ENGINEERING $64,000 11,885 DEBT SERVICE ACCT. NO. ACCOUNT TITLE 7100 PRINCIPAL-BANK LOAN 2018 $840,000 820,000 7200 INTEREST-BANK LOAN 2018 $383,474 210,399 JAN 1ST AND JULY IST --------------------- TOTAL DEBT SERVICE $1,223,474 1,030,399 GRAND TOTAL BUDGET: 7,862,755 $5,262,395 Page 395 of 1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS&#8A]NTEN4NCE BUDGET FD(2O2O-2021 2017-2018 2018-2019 2019-2020 2020-2021 YTD msmf PROPOSED ACTUAL ACTUAL BUDGET 06/30/2020 BUDGET PERSONNEL SERVICES $262.417 *263.432 $312,500 u198.202 $31e.500 OPERATING EXPENSES: 698.687 718.971 821.000 5e5.9e9 8e1.000 esnwosn(Lewe|.xaunno.nnntmom) e.277 48.596 23,000 29,305 23,000 opEnAT0wS/MmwTswAwoE 463.753 433.163 436.000 366.138 426.000 o*EM|nALnmuPpusn 192.657 e37.212 362,000 170.546 372,000 ���������_���_ ----------------------- ������_��������_ ------------------------- ------------------------ T0T:LpsnaowmsLmvo OPERATING EXPENSES 961.104 ooz.*on o 1.133.500 n 764.191 o 1.133.500 OPERATING CONTINGENCY v u o o n OPERATING ASSETS n n n n o Ewe|wEsmwo 7.690 n 10.000 o 10.000 _____________ ___________ _________________ _____________ ______________ TorAL BUDGET $968,794 $982,403 $1,1*3.500 m76*191 $1'143,500 ACCOUNT NO. DESCRIPTION 3017-2018 2018-2019 2019-2030 2$20-2021 YTD moof PROPOSED ACTUALA�TUAL BUDGET O�/�0V�0�0 BUDGET _ R 1212 REGULAR WAGES $202.417 $263.432 $312.500 $188.202 $312.500 R3110 LEGAL 0 U 5.000 O $5.000 R3150 ENGINEERING 7.690 O 10.000 O $10.000 R3200 AUDIT 5.000 5.000 5.000 5.000 $5.000 R340 TESTING 29.558 84.136 10.000 22.502 $1O.O00 R340 METER CALIBRATION 7.718 9.400 3.000 1.743 $3.000 R463 M&RGROUND8 8.450 580 10.000 O $10.000 R4300 FUEL FOR VEHICLES O O O 0 *O R430 ELECTRICITY 407.465 338.305 375.000 270.050 $333.000 R4500 INSURANCE 32.000 32.000 32.000 32.000 $32.000 R4601 M& REQUIPMENT 15.585 60.448 8.000 56.082 *50.000 R464 M&RBUILDING 303 850 1.000 0 $1.000 R490 LICENSES&PERMITS O O O 0 $O R520 SUPPLIES LAB 26.048 24.268 12.000 14.059 $12.000 R52103 CHEMICALS 154.708 202.002 850.000 155.587 *550.000 R5225 DIESEL 11.903 10.942 10.000 O $10.000 __________ ___________ -----_--------------- ____________ ____________ TOTAL BUDGET: $968,794 $982,403 $1,143,600 $764,191 $1,143,500 Page 396Of1128 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2020-2021 Reclaim Budget Line Item Detail ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 06/30120 R 1212 REGULAR WAGES Reclaim charged(25%) 312,500 198,202 work related to reclaim R 31101 LEGAL Attorney fees associated with 5,000 - reclaim R 31502 ENGINEERING Engineering fees 10,000 - R 32001 AUDIT Audit fees for reclaim 5,000 5,000 R 3402 TESTING Costs associated for lab fee 10,000 22,562 R 3406 METER CALIBRATION Calibration of transmitters, 3,000 1,743 totalizers,recorders as required R 4630 SERVICES -Ground Cost incurred for maintenance 10,000 - of grounds associated with reclaim 843000 FUEL FOR VEHICLES Fuel for monitoring of reclaim - - &Golf Course service/meter reading R 4300 ELECTRICITY 4,355,000 kwh*.0571kwh 333,000 278,056 (kwh.057 avg) R 45001 INSURANCE Property liability package for 32,000 32,000 reclaim covered under plant policy R 46014 M&R EQUIPMENT Annual repair items for reclaim 50,000 56.082 pumps&equipment in-plant R 4640 M&R BUILDINGS Cost incurred for repair of reclaim 1,000 - buildings R 5204 LAB SUPPLIES Lab supplies consumed for 12,000 14,959 testing required by FLDEP &NELAC Specific for Reclaim R 52103 CHEMICALS Sodium Hypochlorite- 350,000 155,587 GF Line item= 52103 Sodium Hypo 12%.@$.495 Gal 520,000 R 5225 DIESEL Reclaim Generator 10,000 - TOTAL BUDGET: 1,143,500 764,191' Page 397 of 1128 0 0 0 c) (31 IO0000 0 C' 0 0 0 CS CD C) 0 0 00 -10 O)l c) CD 0 0 0 co 0 0 C) 0 0 C) C) 0 CD C) 0 0 0 0O 0 Ci C�lz�q. 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How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Goran Cherof Doody & Ezrol July 2020 1 nvoices D Attachment Goren Cherof Doody & Ezrol July 2020 Risk Litigation Invoices D Attachment Other counsel June/July 2020 invoice (Readon) D Attachment Other counsel July 2020 Invoice (Geraci vs Zeller) Page 399 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905263 Suite 101 STATEMENT NO: 32430 Boynton Beach FL 33426 Attn: Lynn Swanson Town Square Development HOURS 07/01/2020 GB Telephone conference call with JCF regarding development agreement. 0.20 RLL Attend telephone conference call with DJD, JAC and client to discuss temporary parking easement on north parcel. 0.40 DJD Review revisions to easement documents;telephone conference call with City Manager and staff. 0.80 JAC Continue work, drafting, and correspondence with Stephen GP regarding temporary parking easement and release of current easements; Telephone conference with CityManager and others regarding easements and optional provisions for temporary parking; 2.30 07/06/2020 JAC Follow up with JKM attorney and city staff regarding parking easements 0.40 07/07/2020 RLL Contact attorney for JKM to request finalized temporary easements on North and Central parcels along with Exhibits. 0.30 JAC Follow up regarding final version of temporary parking easements and release of existing easements; review file regarding legal descriptions; emails with JKM attorney 1.20 07/08/2020 GB Reviewed file in preparation for possible injunction lawsuit regarding parking lot. 1.20 JAC Follow up on easements; review with Racheal Leach regarding legal descriptions and recording issue; 0.30 07/09/2020 RLL Complete parking easement agreements for north and central parcels with completed exhibit"C". 0.40 07/10/2020 RLL Attend telephone call with Steve Collins regarding completion documents for fire station property; order title update on fire station property. 0.70 DJD Telephone conference call with Steve Collins re:fuel-station; address opinion of title; review. 2.40 07/13/2020 RLL Email communications with title examiner regarding legal description of fire station property; review updated title search on fire station property. 0.50 07/14/2020 GB Reviewed file and contract re: City's right to parking and when developer's duty was triggered. 0.60 07/15/2020 RLL Email exchange with Daniel Nelson and Steve Collins regarding title update needed by CFP. 0.40 DJD Review Fire Station title update; review email. 1.30 Page 400 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 32430 Town Square Development HOURS 07/16/2020 RLL Review Ground Lease Agreement for Fire Station and Master Development Agreement regarding requirements for endorsement to Leasehold Owner's Policy; contact underwriting counsel regarding issuance of endorsement to leasehold owner's policy. 1.00 DJD Review terms of Master Development Agreement and title related issue. 1.30 07/17/2020 JAC Prep for and participate in conference call regarding status of project for presentation at city commission meeting; follow up prep regarding same 2.20 RLL Email communications with underwriting counsel regarding endorsement to owner's policy requested by counsel for CFP. 0.50 DJD Address Title update on Fire Station; review emails re: Hotel Site. 1.20 07/21/2020 DJD Review revised Notice of Completion for Police Station and City Hall. 0.80 07/22/2020 DJD Review e-mail and public record request from JKM; telephone conference with Steve Collins; review certificates. 1.40 JAC Commission meeting follow up discussion with LS; call with chief Gregory regarding trespass and authorization of law-enforcement officers; discuss issue with assistant city attorney Brian Sherman;outline options for sign code projectAnd retrieve research regarding same; Commission meeting follow up regarding fire assessment publication and public notices 3.80 JAC Telephone conference with CityManager and Team regarding JKM request for consideration of funding options; Prep outline for discussion with individual members of the city commission regarding status of contract requirements and project options 2.80 07/23/2020 GB Emails with JAC &City regarding contractor's request for extension of time due to COVID- 19. Research HIPPA regulations as related to COVID-19. 0.60 07/24/2020 GB Emails with City regarding letter to contractor in response to request for additional time. Made revisions to the letter. Emails with JAC regarding revisions. 0.60 DJD Address status of surveys; review e-mails. 0.80 07/27/2020 RLL Review surrey containing new legal description for fire station property and revise exhibit to Notice of Completion; research file to obtain copies of appraisals for JAC. 0.80 DJD Review surveys; review PRR. 0.80 JAC Telephone conference with CityManager and CG to review Outline for briefing city commissioners on status of project; prepare for meetings 2.30 07/29/2020 JAC Prepare for, conduct, and follow up on briefings with city commission regarding status of town Square project 4.50 07/30/2020 JAC Prepare agenda item and update outline for city commission meeting;follow up With the JD regarding easements and completion of public improvements documentation 1.50 DJD Address issues related to Notices of Completion. 0.80 07/31/2020 DJD Follow-up on Notices of Completion. 0.60 JAC Review certificates of completion for fire station police station in city Hall/library properties and communications with CFP 0.80 RLL Contact client regarding status of completion of fire station, police station and city hall/library parcels;work to finalize drafts of terminations of parking and construction easements along with two new temporary parking Page 401 of 1128 Page: 3 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 32430 Town Square Development HOURS easements for client's signatures. 0.70 FOR CURRENT SERVICES RENDERED 43.20 8,400.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL JAMES A. CHEROF 22.10 $205.00 $4,530.50 D.J. DOODY 12.20 205.00 2,501.00 GAL BETESH 3.20 205.00 656.00 RACHEL L LEACH 5.70 125.00 712.50 Photocopies 6.65 TOTAL EXPENSES THRU 07/31/2020 6.65 TOTAL CURRENT WORK 8,406.65 BALANCE DUE $8,406.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 402 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9001821 Suite 101 STATEMENT NO: 32427 Boynton Beach FL 33426 Attn: Lynn Swanson General Matters HOURS 07/01/2020 JAC Research and review land transfer documents regarding Sara Sims Park and proposal to build monuments;Office administration matters including file transfers and budget related issues 4.30 SMS correspondences with staff related to finalization and agenda item for 2601 N. Lake 0.30 HN Review of Section 2-56.1 regarding exceptions to competitive bidding in the code of ordinances. Review to see if the audit related to DMV data falls under an exception. Review of RFP 072-1410-17/IT-RFP for Financial Auditing Services and review to determine if audit of DMV data could fall under scope of RFP 072-1410-17/IT. Review of Florida Statutes. 1.60 GB Telephone conference call with JAC regarding construction of monument and legal research regarding same. 2.10 RLL Research deed/conveyance to City of Boynton Beach for parcel 16-Sara Sims Park. 0.50 07/02/2020 HN Email to Keyla Miller regarding the DMV records Audit agreement. Review of email from Keyla and response email. 0.20 07/06/2020 HN Phone call to Keyla Miller and Randy Wood. Follow up emails to Keyla Miller. Review of state statutes regarding audits. Review of the City's Procurement guidelines, policies, and purchasing procedures. Discussion with JAC regarding dollar amount for the DMV audit contract. Follow up phone call and email to Keyla for a dollar amount. Email exchanges with JAC and follow up phone call and email to Keyla Miller. Telephone discussion with Randy Wood regarding procurement guidelines relating to the DMV audit agreement. Review of Randy Wood's email to Keyla Miller. 3.20 GB Legal Research regarding monument for First Language Day. 1.30 SMS call with opposing counsel related to removal of palm trees at 2601 N. lake Drive; calls with staff related to removal of palm trees at 2601 N. Lake Drive 0.50 JAC Please status of assistant CityAttorney assignments; review agenda; 2.20 07/07/2020 JAC Search and review file re: City of Boynton Beach- Hold Harmless Agreement Permit No. 19-00002539; correspond with Ms. Swanson re: matter. 0.70 HN Drafting Auditing Agreement with Caler, Donten, Levine, Cohen, Porter& Veil, P.A. conforming with MOU with State requiring an audit of internal control and data security relating to the City's use of DMV data. Review of MOU and phone call to Lynn Swanson as to when the MOU was executed. Review of Keyla Miller's email and review of executed agreement. 3.30 Page 403 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32427 General Matters HOURS JAC Preparation for and attend city commission meeting; Office administration matters regarding move and records; additional follow up regarding audit; Discuss monument placement with GB; 7.40 GB Legal Research regarding First Language Day monument. Emails with the City regarding Arts Commissions Guidelines and Recommendations. Reviewed Arts Commissions Guidelines and Recommendations. Telephone conference call with JCF regarding First Language Day monument 2.20 07/08/2020 HN Edits to DMV records Audit Agreement. Follow up email to JAC with draft cc Lynn swanson. Phone discussion with Lynn Swanson regarding status of the audit agreement. Telephone call with JAC and follow up email to Keyla Miller cc JAC, Lynn Swanson and Randy Wood with the draft agreement and attachments. 1.70 SMS review of correspondences related to Casa Del Mar Developer's Agreement and review of final docs 0.30 JAC City commission meeting follow up; review routing software contract response; Calls with city clerk regarding notice of city commission budget workshops; review data exchange audit agreement; follow up with Randy Wood regarding Berlin Engineering contract and compliance with procurement code 3 quote requirement; Review memorandum of understanding with City of Tallahassee regarding Criminal justice use agreement; Review regarding global procurement issue; prepare-review resolutions for budget workshops; fire assessment and millage; update annual budget notebook for budget hearings; 4.50 07/09/2020 RLL Order property information reports on 3681 Potomac Place, 543 NW 11th Ave, and 121 W. Ocean Ave. 0.50 SMS review revisions to Developer's Agreement and correspondences related to contingency amount and percentage 1.50 JAC Telephone conference with Andrew Mack regarding response to Routeware; preparation for budget workshops; review status of assistant CityAttorney assignments; review pending tort defense case pleadings;Review sole-source contract issue; review arts commission issues with Kathryn Matos; review email from Susan Oyer; Final review and signature on Motorola agreements; 4.80 GB Emails with JAC &City regarding process of service issue. Telephone conference call with City regarding process of service issue. Legal Research and drafted memo process of service issue. 2.20 07/10/2020 JAC On-site office hours; office administration; review procurement issue; review library reopening guidelines; review service of process rules; Review possible extension of CMT meetings and governors orders; Prepare for budget workshop meetings; research other municipality small project engineering services bidding requirements 6.50 GB Telephone conference call with JAC&TAD regarding library reopening plan. Reviewed draft plan. 0.40 07/13/2020 SMS correspondences related to finalization of Developer's Agreement 0.30 JAC Prepare for and participate in special commission meeting and workshop regarding fire assessment and annual budget; review And approve procurement agreements; Review Andrew Mack response to Routeware services agreement contact; 8.80 Page 404 of 1128 Page: 3 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32427 General Matters HOURS 07/14/2020 SMS research on water bill during foreclosure issue; correspondences related to execution and site approval for Developer's Agreement 2.70 JAC Budget meeting follow up issues research; Discuss office administration issues with Lynn Swanson; review assistance CityAttorney assignments and workload; review routing contractor issues and call Andrew Mack regarding same; review and reply to utility rate adjustment sequence of events and require noticed public 4.20 07/15/2020 SMS review probate documents and call with staff related to outstanding water bill and opening new account; correspondences related to updated terms related to Developer's Agreement with Casa Del Mar after site inspection by Developer 1.10 JAC Agenda item review and approval; telephone conference regarding public meeting notices and ADA compliance issues; review settlement agreement and update research regarding ADA web access issues;Discuss fire assessment budget/special assessment calculations with Mara Frederiksen and Mike Cirullo; Call the city clerk regarding possible extension of deadline for allowance of virtual meetings;follow up regarding same with attorneys and Florida league of cities; City commission meeting follow up; evaluate fire assessment notice issues and prepare for readoption of resolutions for budget millage rate and fire assessment 5.30 07/16/2020 SMS call with opposing counsel based on division president site review for Casa Del Mar Developer's Agreement;finalize Agreement and Easements with 2601 N. Lake Drive and call with opposing counsel 1.10 JAC Agenda item review, revision, and approval for 721 commission meeting; review development department proposal for sign code revision and discuss same with CityManager; 5.20 07/17/2020 JAC On-site office administration; conference call with LL, CG,AM Regarding parking code and parking rates; follow up review of parking services agreement; review pending department assignments; review tort defense cases/pleadings and discovery issues; Review and approve appointment letters; review correspondence regarding Lake in quantum Park and chemical treatment issue; City commission meeting follow up. 4.40 07/20/2020 SMS call with staff to discuss latest Casa Del Mar Developer's Agreements comments and revise Developer's Agreement 0.80 JAC Telephonic attendance at city staff meeting regarding city commission meeting; follow up review of agenda in preparation for commission meeting; office administration issue with LS and assistant CityAttorney's regarding assignments and communications 4.50 07/21/2020 HN Review of Section 119.071, Florida Statutes and review as to whether a volunteer for the Sheriffs department is exempt under the statute. Follow up email to SHB. Review and response. 1.30 SMS revise Developer's Agreement with Casa Del Mar based on City staff comments 0.40 JAC Preparation for and attendance at CMT city commission meeting;telephone conversation With Mike Rumpf regarding sign code revision project; follow up outline of sign code revision process and discussion with assistant CityAttorney; 5.70 SHB Discuss PRR matters with HN. 0.40 Page 405 of 1128 Page:4 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32427 General Matters HOURS 07/22/2020 HN Review of Email from Lynn Swanson regarding the DV Audit Agreement. Telephone call with Lynn and Keyla Miller. Edits to agreement and follow up email to Keyla cc Lynn. Review of emails from Lynn. 0.60 SMS call with opposing counsel to review comments; correspondences with staff 0.50 BJS Review and follow up re: Trespass issues, telephone call with Major Johnson and follow up with JAC 1.00 SHB Follow up re: Marsy and PRR matters; discuss with JAC. 0.20 07/23/2020 BJS Telephone call with Lynn Swanson and draft follow up correspondence re: Trespass with follow up '0.70 JAC Review and approve modified release agreements; research and follow up discussion with Shana Bridgeman regarding limitation of citizen access and loitering on city property and parks; Review pending status of assistant CityAttorney assignments; 4.20 GB Emails with City regarding Waiver and Release for non City Employees riding in City vehicles. Edits to Waiver and Release drafted by City. Emails with JAC regarding revised Waiver& Release. 0.80 SHB Research re: statutory standard for enforcement of waterway violations. Follow up with Hederian. 1.00 07/24/2020 JAC On-site office administration; review federal regulations regarding CDL licenses and clearinghouse mandates; conference call regarding termination of fire truck contract; telephonic attendance at staffMeeting regarding hurricane preparedness; update declarations of emergency and related documents; review and begin consolidation of statutes and code provisions regarding emergencies for CM binder 7.00 HN Review of the US Supreme Court case Reed v.Town of Gilbert,Arizona regarding the town's sign code. Reviewed related cases. Review of the City's current sign code. 1.60 SMS conference call with Developer's attorney and staff related to the Developer's Agreement; draft indemnification provision 1.40 SHB Discuss community enhancement grant matters with Swanson. Update hurricane emergency list. Receive and review order on Marsy's law as applied to police officers; follow up with Laverriere and Gregory. 1.00 07/27/2020 JAC Review status of pending assignments and assistance CityAttorney matters; review abandonment of easement issue; prepare for discussion regarding sign code rewrite project; review ambulance billing issue; Review quantum Park property owners association bankruptcy petition and impact on city and city response; review transportation services contract status; Review records for a response to public records request re: town square parcel appraisals; follow up review of unit 889 fire rescue vehicle contract; 4.50 07/28/2020 HN On site:followed up with community standards as to pending matters, further review of Reed v. Town of Gilbert, Arizona and what in the City Code may need to be changed based on Reed. Review of the city code related to sign regulations and prohibitions. 3.50 SHB Receive and begin review of reasonable accommodation request. Follow up with Swanson re: pending matters. 0.60 JAC Agenda review and approval; review central Secrest Corredor phase 2 project and force majeure issue; revise communication regarding same; check on status of Bamboo Lane billing information; update review of state and local declarations of emergency regarding virtual meeting options 3.80 Page 406 of 1128 Page: 5 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 32427 General Matters HOURS 07/29/2020 QEM Review and respond to Ms. Swanson re: Civil Citations Court Costs. 1.10 HN Review of JAC email to City Commission related to the City's sign code and next steps. Review of City's sign code. 1.10 JAC On-site review of agenda items; conference with LL and KM regarding public art mural; Conference with LL and staff regarding sign code; follow-up email to Commissioners regarding sign code review process 4.00 SMS correspondences related to checks and execution of Agreement and Easements for 2601 N. Lake Drive 0.20 SHB Review inquiry re: BB city hall trespass matters and reach out to Fort Lauderdale re: similar trespass issues. 0.50 07/30/2020 QEM Review and evaluation of documents re: the coastal resilience partnership discrepancy issues; respond to Ms. Swanson re: matter;telephone conference with Ms. Swanson and Ms. Harvey re: matter. 1.90 HN Review and comments on working draft of sign code ordinance. 1.40 DS Created chart regarding new water and sewer services and status of communication with owner. Discussed status of draft notice and communications with property owners with City and J.A.C. 0.70 SMS call with staff related to maintenance of ROW 0.10 JAC Continue review of pending agenda items; draft virtual meeting home rule ordinance; follow up preparation regarding sign code revisions; Office administration-evaluate remote working issues; review cease and desist order?solid waste department issue;Review employee severance issue and employment agreement regarding options;Emails with Julie Oldbury regarding declarations of emergency; Review correspondence regarding Ric-Man request for COVID-19 related delays; 4.60 SHB Office hours at City Hall. Review various cemetery documents. Review reasonable accommodation request and proposed agreement and send comments to Rumpf. 4.00 07/31/2020 DS Revised palmer/bamboo notice letter. Reviewed old water service agreement. Drafted email to the City. 0.60 JAC Preparation for commission meeting; telephone conference regarding hurricane preparation; review tort defense pleadings; miscellaneous cases; call with Tracey DeCarlo regarding litigation issues;follow up regarding RIC-MAN Force majeure issue; 4.20 MDC Review DOR guidance; review guidance from PBCPA;confer with JAC; update City on TRIM Notice issues. 0.60 SMS call with staff related to new project 0.20 FOR CURRENT SERVICES RENDERED 156.00 17,937.50 TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 407 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fon`Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0603180 Suite 101 STATEMENT NO: 32425 Boynton Beach FL 33426 Attn: Lynn Swanson LABOR-General HOURS 07/09/2020 SHB Review pre-d packet and attend pre-d conference. 0.70 07/21/2020 SHB Review updated CDC guidelines re: testing and exposure. 0.30 07/31/2020 JAC Review employment agreement and severance provision; discuss options with Frederiksen and Goodich 0.80 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 SHANA H. BRIDGEMAN 1.00 205.00 205.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 408 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0005370 Suite 101 STATEMENT NO: 32424 Boynton Beach FL 33426 Attn: Lynn Swanson Special Fire Assessment HOURS 07/06/2020 MDC Begin preparing preliminary resolution. 0.40 07/07/2020 MDC Review materials, communicate with GSG on assessment rates and amounts; review and revise preliminary assessment resolution; review changes by LS regarding location and time of meeting. 1.80 07/14/2020 MDC Miscellaneous follow up from 7/13 meeting, review and revise notice for potential virtual meetings, conference with JAC. 0.40 JAC Conference with MC regarding fire assessment calculation and discounts; review and revise draft Notice in agenda item regarding readoption 0.80 07/17/2020 JAC Evaluate fire assessment notice issues and prepare for readoption of resolutions for budget millage rate and fire assessment 1.20 07/22/2020 MDC Review correspondence on rates. 0.20 FOR CURRENT SERVICES RENDERED 4.80 984.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.00 $205.00 $410.00 MICHAEL D. CIRULLO 2.80 205.00 574.00 TOTAL CURRENT WORK 984.00 BALANCE DUE $984.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 409 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905477 Suite 101 STATEMENT NO: 32442 Boynton Beach FL 33426 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station HOURS 07/01/2020 SMS calls and correspondences related to Asset Purchase Agreement and corresponding exhibits 0.50 07/09/2020 SMS correspondences with staff and opposing counsel related to approved plans and survey 0.30 07/24/2020 SMS correspondences with opposing counsel and staff 0.20 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY_ _RATE TOTAL SEAN M. SWARTZ 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 410 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905441 Suite 101 STATEMENT NO: 32438 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Pulte Group-approx.. 14.7 acres off Nickels Blvd. HOURS 07/13/2020 DJD Address status of revised Agreement. 1.20 07/14/2020 DJD Review Agreement for Purchase and Sale. 1.60 07/15/2020 RLL Contact client for information on vacation of right of way; coordinate call with DJD and Adam Bregman. 0.40 DJD Review revisions to Purchase and Sale Agreement; address issue of ROW. 1.40 JAC Review details and status of transaction for sale of property 0.80 07/16/2020 RLL Attend conference call with DJD and Adam Bregman to discuss redline revisions to contract. 0.80 DJD Prepare for and participate in conference call with Counsel for Pulte; draft email to Colin Groff. 1.70 07/17/2020 DJD Address suggested revisions to Purchase and Sale Agreement. 1.20 07/22/2020 DJD Initial review of revised Purchase and Sale Agreement. 1.00 07/23/2020 JAC Review correspondence from buyer and discuss status of transaction with DJD 0.40 07/28/2020 RLL Preparation of memorandum to client outlining redline revisions to contract as received from Adam Bregman. 1.40 DJD Complete review of revised PSA. 1.30 07/29/2020 DJD Address revisions to PSA. 0.60 FOR CURRENT SERVICES RENDERED 13.80 2,621.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 D.J. DOODY 10.00 205.00 2,050.00 RACHEL L LEACH 2.60 125.00 325.00 Photocopies 22.75 TOTAL EXPENSES THRU 07/31/2020 22.75 Page 411 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905441 STATEMENT NO: 32438 Sale to Pulte Group-approx.. 14.7 acres off Nickels Blvd. TOTAL CURRENT WORK 2,643.75 BALANCE DUE $2,643.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 412 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905475 Suite 101 STATEMENT NO: 32441 Boynton Beach FL 33426 Attn: Lynn Swanson Landfill Closure HOURS 07/02/2020 JAC Telephone conference with Tim Perry regarding choice of experts for administrative hearing 0.30 07/27/2020 JAC Telephone conference with 'Tim Perry; discussion regarding use of experts; prepare for transition to new law firm 1.20 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 TOTAL CURRENT WORK 307.50 BALANCE DUE $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 413 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905495 Suite 101 STATEMENT NO: 32445 Boynton Beach FL 33426 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 07/02/2020 DS Discussed research findings and next steps with J.A.C. re: payment for capital improvements. 0.30 JAC Review status of notice to owners and current water/sewer account information 0.40 07/07/2020 DS Reviewed and analyzed proposed capital improvement correspondence. Drafted email to City re: division of fees and current water service agreements. 0.80 07/10/2020 DS Reviewed and analyzed existing Bamboo water service agreements. 0.50 07/20/2020 DS Drafted email to the City re: update. 0.20 07/24/2020 DS Reviewed existing water service agreements. Reviewed draft notification letter. 0.40 FOR CURRENT SERVICES RENDERED 2.60 533.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 DANIELLE SCHWABE 2.20 205.00 451.00 TOTAL CURRENT WORK 533.00 BALANCE DUE $533.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 414 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905502 Suite 101 STATEMENT NO: 32448 Boynton Beach FL 33426 Attn: Lynn Swanson adv. CHIDR, LLC (Tarpon IV, LLC) HOURS 07/27/2020 SHB Receive and review complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 415 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905501 Suite 101 STATEMENT NO: 32447 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Sharon R. Bock(Tarpon IV LLC) II HOURS 07/21/2020 SHB Receive and review complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 416 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905500 Suite 101 STATEMENT NO: 32446 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Sharon R. Bock(Tarpon IV LLC) HOURS 07/21/2020 SHB Receive and review complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE _TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 417 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905489 Suite 101 STATEMENT NO: 32444 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Davis, Trevor Joseph (MOV) HOURS 07/27/2020 SHB Review file, ordinance, and supporting documents. Discuss case matters with Temple. Discuss with JAC. 2.00 07/28/2020 SHB Final hearing prep. Attend arraignment hearing on operating business without a license. 1.50 FOR CURRENT SERVICES RENDERED 3.50 717.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.50 $205.00 $717.50 TOTAL CURRENT WORK 717.50 BALANCE DUE $717.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 418 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905487 Suite 101 STATEMENT NO: 32443 Boynton Beach FL 33426 Attn: Lynn Swanson v. Stoll, Devon RPO HOURS 07/10/2020 SHB Correspondence from JA re: resetting trial date. Discuss trial and case matters with Lagor. Prepare and transmit order resetting hearing. 1.00 07/13/2020 SHB Various correspondence regarding rescheduled trial. Revise stipulation nd transmit stipulation and hearing notice to Lagor for service on Stoll. 1.00 07/17/2020 SHB Receive, review, and file signed stipulation. Revise Order and transmit order and stipulation to judge for review. Receive stamped order form Clerk and transmit to Lagor for service upon Respondent. 1.60 FOR CURRENT SERVICES RENDERED 3.60 738.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.60 $205.00 $738.00 TOTAL CURRENT WORK 738.00 BALANCE DUE $738.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 419 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905471 Suite 101 STATEMENT NO: 32440 Boynton Beach FL 33426 Attn: Lynn Swanson COVID 19 Matters HOURS 07/15/2020 JAC Review federal, state, and county orders and regulations for COVID-19 workplace safety, testing, and return to work issues 2.20 FOR CURRENT SERVICES RENDERED 2.20 451.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.20 $205.00 $451.00 TOTAL CURRENT WORK 451.00 BALANCE DUE $451.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 420 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905456 Suite 101 STATEMENT NO: 32439 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Priority Towing HOURS 07/06/2020 GB Reviewed 2nd Amended Complaint for Response to Complaint. 0.70 07/07/2020 IR Receipt and review of the Plaintiffs Second Amended Complaint, filed with the Court on 7.1.20; preparation of ticklers for the City of Boynton Beach, as well as co-defendant, Beck's Towing& Recovery, Inc. a Florida corporation, within which time to file a response, answer or other court filing July 20, 2020; receipt and review of Plaintiffs Motion for Entry of Default against Co-Defendant, Beck's Towing & Recovery, served with Plaintiffs complaint on 5.15.20; research Palm Beach County Circuit Court docket; 0.70 07/08/2020 GB Emails with City regarding Plaintiffs 2nd Amended Complaint. 0.30 07/13/2020 GB Telephone conference call with City regarding 2nd Amended Complaint. Reviewed documents provided by the City in preparation for the telephone conference call. 1.60 07/14/2020 GB Legal research and draft Motion to Dismiss 2nd Amended Complaint. Emails and telephone conference call with JAC regarding Motion to Dismiss. 1.70 07/15/2020 GB Legal Research and draft Motion to Dismiss Second Amended Complaint. 2.70 07/16/2020 GB Legal research and finalized Motion to Dismiss Second Amended Complaint. Filed and served Motion. 1.90 07/17/2020 IR Receipt and review of the City's Motion to Dismiss the Plaintiffs Second Amended Complaint, filed on July 1, 2020; retrieved ticklers prepared for both defendants to file its answers, or other type of responses by statutory deadline; receipt and review of email, dated July 16, 2020 from Lucille Kilgallon, Judicial Assistant to Judge G. Joseph Curley,Jr., Division AA, regarding the Court's response to the City's email request for a one hour special set hearing on the dismissal motion; reviewed Judge Curley's directive that the case is put on E-Calendar Call to be scheduled on August 7, 2020,to be under the trial period commencing August 17, 2020 through September 25, 2020, and that a separate order wil be sent under separate cover; 2.60 07/20/2020 GB Received and reviewed Order for Court setting Motion to Dismiss hearing and emails with opposing counsel regarding complying with Order. 0.20 07/21/2020 GB Emails with opposing counsel regarding Judge's Order setting Motion to Page 421 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905456 STATEMENT NO: 32439 adv. Priority Towing HOURS Dismiss for hearing. 0.20 07/22/2020 GB Emails with opposing counsel regarding compliance with the Judge's Order setting Motion to Dismiss. 0.20 07/24/2020 GB Emails with opposing counsel and JA regarding hearing date for City's Motion to Dismiss 2nd Amended Complaint. 0.20 FOR CURRENT SERVICES RENDERED 13.00 2,401.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL GAL BETESH 9.70 $205.00 $1,988.50 INGRID RIERA 3.30 125.00 412.50 TOTAL CURRENT WORK 2,401.00 BALANCE DUE $2,401.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 422 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905436 Suite 101 STATEMENT NO: 32437 Boynton Beach FL 33426 Attn: Lynn Swanson Hall-Mark RTC HOURS 07/20/2020 QEM Review of message and follow-up with attorney for RTC re: Rescue Unit 889;coordinate issue with staff. 0.80 07/24/2020 QEM Review of file and telephone conference with staff re: matter; follow-up with RTC attorney re: matter. 0.90 07/27/2020 QEM Review of updated information from staff re: Unit 889. 0.20 07/28/2020 QEM Review of email correspondence from Mr. Darty re: matter. 0.30 FOR CURRENT SERVICES RENDERED 2.20 451.00 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 2.20 $205.00 $451.00 TOTAL CURRENT WORK 451.00 BALANCE DUE $451.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 423 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905435 Suite 101 STATEMENT NO: 32436 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 07/29/2020 HN Review of correspondence sent to owners of property including the special magistrate's order authorizing foreclosure. Response email to Tanya Guim. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 424 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905434 Suite 101 STATEMENT NO: 32435 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 07/07/2020 HN Email to JAC regarding setting hearing on City's motion for summary judgment. 0.10 07/23/2020 HN Email to Vestiguerme Pierre cc Adam Temple. Phone discussion with Adam Temple regarding affidavit from Pierre. Started drafting affidavit, reviewed discovery that was produced and motion for summary judgment. Phone call to Lynn Swanson requesting on update for the amount owed on the code liens. Review of code of ordinances as to Chapters 10 and 15. 3.30 07/24/2020 HN Research relating to constructive notice and case law requirements relating to mailing special magistrate order to violator. Phone call discussion with JAC regarding amended motion for summary judgment. Review of file for proof that the notice of violation was mailed via certified mail pursuant to Chapter 162, Florida Statutes. Email to Adam Temple cc Norma Guim, Lynn Swanson for green cards. Review of Adam Temple's response email and response to his email. Phone call discussions with Tanya Guim. 3.60 JAC Telephone conference with HN regarding strategy on motion for summary judgment; review pleadings regarding same 0.40 BJS Telephone call with Heather Needleman re: Enforcement of Orders 0.30 07/27/2020 HN Edits to Affidavit fo Vestiguerne Pierre. Edits to amended motion for summary judgment. 1.50 07/29/2020 HN Discussion with Tanya Guim regarding Vestiguerne Pierre's Affidavit in support of City's Amended Motion for Summary Judgment. Edits to affidavit and further review of service documents. Email exchanges with Vestiguerne cc Adam Temple, Tanya Guim, Lynn Swanson and JAC. Review and edits of draft amended motion for summary judgment. 1.70 07/30/2020 HN Review and edits to amended motion for summary judgment. Email to JAC. 1.30 FOR CURRENT SERVICES RENDERED 12.20 2,501.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 HEATHER NEEDELMAN 11.50 205.00 2,357.50 BRIAN J. SHERMAN 0.30 205.00 61.50 Page 425 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905434 STATEMENT NO: 32435 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) Photocopies 23.80 TOTAL EXPENSES THRU 07/31/2020 23.80 TOTAL CURRENT WORK 2,524.80 BALANCE DUE $2,524.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 426 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905433 Suite 101 STATEMENT NO: 32434 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 07/09/2020 HN Email to Lynn Swanson regarding the amount owed on liens as of July 9, 2020. Editing amended complaint. Email exchanges with city staff regarding amount owed on liens. 1.50 07/10/2020 HN Review of Tammy Stanzione's email regarding outstanding amount due. Edits to Amended Complaint. 1.10 07/13/2020 SHB Discuss case matters with BJS, HN, and JAC. Telephone conference with Temple re: status of case and preparation for upcoming magistrate hearing. 1.50 07/14/2020 SHB Receive and review code hearing packet; follow up with Temple. 0.50 07/15/2020 SHB Attend Special Magistrate hearing regarding foreclosure authorization. Discuss hearing matters with HN and JAC. Follow up with City re: hearing audio. 2.50 07/20/2020 HN Review of draft foreclosure authorization order. Review of statutory requirements under Chapter 162, Florida Statutes. Phone call and left voice message for Tanya Guim. Email to JAC cc SHB regarding order. Phone call conversation with Tanya and follow up email. 0.60 07/29/2020 HN Review of correspondence sent to Ho property owners including the special magistrate's order authorizing foreclosure. Response email to Tanya Guim. Preparation to amend complaint. 0.20 07/31/2020 HN Review of Florida Rule of Civil Procedure 1.250 and 1.190 related to amended complaint once without leave of court. Review and edits to amended complaint. Email to JAC and MDC with amended complaint, corresponding exhibits and summons for adding the two new parties. 2.10 FOR CURRENT SERVICES RENDERED 10.00 2,050.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 5.50 $205.00 $1,127.50 SHANA H. BRIDGEMAN 4.50 205.00 922.50 Photocopies 14.70 Page 427 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905432 Suite 101 STATEMENT NO: 32433 Boynton Beach FL 33426 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 07/02/2020 HN called and left voice message for adam temple regarding the inspection reports related to property's chronic nuisance problem. 0.10 07/09/2020 HN Email to Adam Temple cc JAC, SHB, Lynn Swanson regarding the inspection of the property re: chronic nuisance. Review and edits of draft motion for leave to amend complaint. Edits to draft amended complaint. 1.30 07/10/2020 HN Edits to Amended Complaint and motion for leave to amend complaint. 0.80 07/13/2020 SHB Discuss case matters with BJS, HN, and JAC. Telephone conference with Temple re: status of case and preparation for upcoming magistrate hearing. 1.50 07/14/2020 SHB Receive and review code hearing packet;follow up with Temple. 0.50 07/15/2020 SHB Attend Special Magistrate hearing regarding foreclosure authorization. Discuss hearing matters with HN and JAC. Follow up with City re: hearing audio. 2.50 07/20/2020 HN Follow up with Tanya Guim regarding draft foreclosure authorization order for Laurore property. Phone call conversation with Tanya and follow up email. 0.20 07/29/2020 HN Review of the correspondence mailed to the defendants related to the special magistrate's order authorizing foreclosure. Response email to Tanya Guim. Preparation to amend complaint. 0.20 07/30/2020 HN Email to JAC and SHB regarding setting up a call with Adam Temple regarding a possible settlement with Laurores. Phone call discussion with Tanya Guim as to the City's policy related to lien mitigation. Edited amended complaint. Emails to Tanya Guim regarding status of code liens. Edits of Amended Complaint. 1.40 07/31/2020 HN Edits of Amended Complaint and motion for leave to amend. Review of City's procedure for mitigating liens. 1.40 FOR CURRENT SERVICES RENDERED 9.90 2,029.50 RECAPITULATION TIMEKEEPER _HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 5.40 $205.00 $1,107.00 SHANA H. BRIDGEMAN 4.50 205.00 922.50 Page 428 of 1128 Page:2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905432 STATEMENT NO: 32433 Laurore, Iva and Renan (Code/Foreclosure) TOTAL CURRENT WORK 2,029.50 BALANCE DUE $2,029.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 429 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905420 Suite 101 STATEMENT NO: 32432 Boynton Beach FL 33426 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) HOURS 07/09/2020 SHB Receive and review RPO expiration notice from court. Follow up with PD re: new incidents. 0.30 07/17/2020 SHB Prepare Motion to Extend RPO and Affidavit. Transmit to Gorfido for completion. 1.00 07/22/2020 SHB Various correspondence with Gorfido re: affidavit. Review affidavit and petition and transmit to Gorfido. Telephone conference with Gorfido. Receive and review additional police report. Finalize and file Motion to Extend Risk Protection Order. 2.00 07/24/2020 SHB Various correspondence with JA and Gorfido re: hearing date for Motion to Extend. Revise Order and send to JA for judge's review. Begin preparing stipulation and agreed order. 1.20 07/27/2020 SHB Follow up with JA re: signed Order Setting Hearing. Receive and review order. Revise stipulation and agreed order to extend and transmit to Gorfido with instructions regarding service. 1.00 07/28/2020 SHB Discuss service and stipulation matters with Gorfido. Prepare Order on Motion to Extend. 0.40 07/29/2020 SHB Trial preparation. Telephone conference with Gorfido re: trial and exhibits. 1.00 07/30/2020 SHB Final hearing preparation. Discuss hearing matters with Gorfido.Attend hearing. Prepare and send Order granting Motion to Extend to judge for review and signature. 2.00 07/31/2020 SHB Receive and review stamped order granting extension for service. Discuss service matters with Gorfido. 0.40 FOR CURRENT SERVICES RENDERED 9.30 1,906.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 9.30 $205.00 $1,906.50 TOTAL CURRENT WORK 1,906.50 Page 430 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905420 STATEMENT NO: 32432 V. Goldberg, Howard (Risk Protection Order) BALANCE DUE $1,906.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 431 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905388 Suite 101 STATEMENT NO: 32431 Boynton Beach FL 33426 Attn: Lynn Swanson King, Nikie M. v City of Boynton Beach (PB County Court) HOURS 07/06/2020 QEM Review of correspondence from Ms. Swanson re: status of matter. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 432 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904950 Suite 101 STATEMENT NO: 32429 Boynton Beach FL 33426 Attn: Lynn Swanson Litigation Miscellaneous HOURS 07/01/2020 HN Email to JAC regarding notice of hearing and demolition order for the Ho Property. Voice message for Lynn Swanson. Review of the Boynton Beach Amendments to the Florida Building Code, Section 113.5 (Procedures of the board)and follow up email to Lynn Swanson cc JAC advising as to next steps of certifying the order and having the 2/19 notice of hearing and order from that hearing recorded in the public record. Review of email from Lynn Swanson to Shane Kittendorf. 1.30 07/02/2020 BJS Review and finalize Petition for Evidence Destruction 0.40 07/07/2020 BJS Review and follow up with SAO re: Evidence Destruction, revise Petition and Order 0.50 TAD Receipt and review of correspondence re: notice letter and status of claim. Review claims files and clerks docket re: suit and statute of limitations. Prepare correspondence to City re: same. 0.90 07/08/2020 HN Review of Shane Kittendorrs email regarding certifying records relating to the demolition order of the Ho property. Phone call to Lynn Swanson related to Shane's email. Review of email exchange between Lynn and Shane. Emailed Lynn updated title for the Ho property. Phone conversation with Lynn and email to Lynn regarding mailing order. 0.70 BJS Review and follow up re: Motion to Return Firearm and telephone call with counsel, review reports and court documents, Final Drug Destruction Petition 1.00 07/09/2020 HN Review of email exchanges between Shane Kittendorf, Tanya, and Lynn Swanson relating to the Ho Property and certifying and recording documents prior to demolition. 0.30 TAD Receipt and review of correspondence re: claim information for golf course damages. Review case law re: same. Prepare correspondence to City re: opinions on clams 1.20 BJS Review draft Order re: Return Firearm/Hughes 0.30 07/10/2020 TAD Receipt and review of correspondence re: additional issues re: golf carts. Review case law and other information re: same. Receipt of correspondence re: library issues. 1.10 07/13/2020 TAD Receipt and review of information re: police accident. Receipt of information on accident and prepare response to same. 0.80 JAC Review status of non-tort defense cases-foreclosures and related matters; discussed with assistant CityAttorney's 1.30 Page 433 of 1128 Page:2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 32429 Litigation Miscellaneous HOURS 07/14/2020 BJS Follow up re: Drug Destruction Petition 0.30 BJS Telephone call with Marc Stein and follow up with Det. Raferty re: Hughes/Motion to Return Property 0.70 07/17/2020 BJS Review correspondence re: Return of Vehicle and telephone call with Tom D'Andera,telephone call with Jack Fleischmann 0.60 07/20/2020 BJS Telephone call with Tom D'andrea and follow up re: Graham/Return of Vehicle, review new forfeiture/2012 Volkswagen and follow up 1.80 07/21/2020 TAD Confer with City re:trespass issues. 0.40 BJS Telephone call with Det. Raferty and follow up re: Disposal of Evidence 0.40 07/22/2020 TAD Receipt and review of correspondence re: trespass issue. Prepare correspondence re: same. 0.30 07/24/2020 HN Review of emails from Farah Persaud and Lynn Swanson. Response email to Lynn. 0.10 07/27/2020 HN Discussion with QEM regarding notifying owner with a letter before demolishing property. Review of the Boynton Beach amendments to the Florida Building Code. Follow up email to JAC. 1.20 07/28/2020 SHB Receive and review Order requiring police department to comply with records request. Correspondence to attorney Chapman. Correspondence to Snow and Powell re: response to judge's order. Various correspondence with City. Telephone conference with Kelley. Telephone conference with Powell. 1.00 HN Review of Farah Persaud's email relating to demolition of the Ho property. Phone call to Lynn Swanson regarding email. 0.10 07/30/2020 HN Called and left voice message for Shane Kittendorf regarding demolishing the Ho property. 0.10 07/31/2020 TAD Receipt and review of correspondence regarding ADA issues with website. Review settlement agreement and prepare correspondence to City re: same. 0.50 FOR CURRENT SERVICES RENDERED 17.30 3,546.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.30 $205.00 $266.50 HEATHER NEEDELMAN 3.80 205.00 779.00 SHANA H. BRIDGEMAN 1.00 205.00 205.00 BRIAN J. SHERMAN 6.00 205.00 1,230.00 TRACEY A. DECARLO 5.20 205.00 1,066.00 TOTAL CURRENT WORK 3,546.50 BALANCE DUE $3,546.50 Page 434 of 1128 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone(954)771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904908 Suite 101 STATEMENT NO: 32428 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Unsecured Creditors of Tribune Company HOURS 07/07/2020 BJS Review correspondence re: Status of Appeal 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 435 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0806020 Suite 101 STATEMENT NO: 32426 Boynton Beach FL 33426 Attn: Lynn Swanson Red Light Cameras HOURS 07/01/2020 PE Efiled 27 Boynton notices 1.60 07/03/2020 PE Sort organized and prepared Boynton notices for 7/14/20 hearing for SHB approval 3.80 07/06/2020 PE Sort organized and prepared Boynton notices for 7/14/20 hearing for SHB approval 3.80 PE Prepared remaining Boynton notices for 7/14/20 hearing converted to PDF/A and efiled 4.50 SHB Review and approve NOls. Follow up re: Zoom trials. 0.70 07/07/2020 SHB Receive and review notice of Zoom trials, review court and clerk procedures for Zoom and update PD. 0.70 07/08/2020 JAC Review status of red light camera program; efficiencies of same; Update research on legal challenges 0.50 07/10/2020 SHB Receive and review various correspondence regarding program matters; send response to Berman's office. 1.00 07/13/2020 SHB Receive and review various correspondence from Abby at Senator Berman's office. Telephone conference with Abby. Transmit ordinance and statute to Abby. 1.00 07/14/2020 SHB Telephone conference with officers re: trial and defense objections. Follow up re: next scheduled trials. 0.60 07/16/2020 PE Sort organized and prepared 25 Boynton notices for SHB approval. 6.40 SHB Review and approve NOls. 0.30 07/17/2020 PE Sort organized and Prepared 25 Boynton notices for 7/28/20 hearing for SHB approval 4.00 PE Converted Boynton notices to PDF/A and e-filed. 3.30 SHB Review and approve NOls. 1.30 07/18/2020 PE Sort organized and prepared Boynton notices for SHB approval and e-filed. 4.10 07/20/2020 SHB Follow up with Berman's office re: citation matters. 0.30 07/22/2020 SHB Attend Zoom hearing. Discuss pending trials with Verrigni. Review motions filed by defense. 2.00 Page 436 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-0806020 STATEMENT NO: 32426 Red Light Cameras HOURS 07/24/2020 SHB Review various pleadings for pending trial and follow up with Hawkins. 0.30 07/27/2020 SHB Follow up re: upcoming trials and records request from defendant. Discuss case matters with JAC and Hawkins. 1.50 07/28/2020 SHB Telephone conference with Officers re: upcoming trials and motion for continuance filed by defense. Review motion and applicable emergency orders. Receive and review various motions to continue due to schedule conflict; follow up with Somera. Discuss magistrate trial matters with Verrigni and Petriello. 2.00 07/29/2020 PE Sort organized and prepared Boynton notices for 8/11/2020 hearing for SHB approval. 2.90 SHB Follow up re: status of upcoming Zoom trials. Telephone conference with Verrigni re: hearing matters and continuance motions filed by defense. 0.60 07/30/2020 SHB Review and approve NOls. 0.30 07/31/2020 SHB Review and approve NOls. 0.30 PE Sort organize and prepared 25 Boynton Notices for 8/1/2020 hearing. Updated SHB calendar. 4.50 FOR CURRENT SERVICES RENDERED 52.30 7,609.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 SHANA H. BRIDGEMAN 12.90 205.00 2,644.50 PATRICIA EUGENE 38.90 125.00 4,862.50 Photocopies 0.70 TOTAL EXPENSES THRU 07/31/2020 0.70 TOTAL CURRENT WORK 7,610.20 BALANCE DUE $7,610.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 437 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905029 Suite 101 STATEMENT NO: 32322 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim#001470000245GB HOURS 07/14/2020 TAD Receipt and review of correspondence re: appeal and review of brief. 0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 438 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905098 Suite 101 STATEMENT NO: 32323 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 07/02/2020 TAD Receipt and review of correspondence to court re: hearing information, Review additional information provided to the court re: motion to add insurer. 0.40 07/06/2020 GB Telephone conference call with TAD Regarding upcoming hearing. Emails with attorney William Berk regarding hearing. Emails with TAD regarding hearing. 0.50 07/07/2020 IR Receipt and review of emails, with court filings, regarding Underwriter's Response to the Additional Briefing by Plaintiff Regarding Plaintiffs Motion to Add Insurer to Final Judgment, filed with the Court on July 2, 2020; receipt and review of Judge Nutt's judicial assistant's email, regarding special set hearing on July 8, 2020, for Zoom hearing on Plaintiffs motions; 0.50 GB Prepared for hearing on Plaintiff's Motion to add underwriter to final judgment. 0.60 07/08/2020 GB Attended hearing on Plaintiffs Motion to add underwriter to final judgment. Telephone conference call with TAD regarding hearing. 0.90 07/22/2020 GB Emails with court reporter and TAD regarding hearing transcript. 0.20 07/31/2020 TAD Receipt and review of correspondence re: hearing and prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 3.30 636.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.20 $205.00 $451.00 INGRID RIERA 0.50 125.00 62.50 TRACEY A. DECARLO 0.60 205.00 123.00 TOTAL CURRENT WORK 636.50 BALANCE DUE $636.50 Page 439 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905171 Suite 101 STATEMENT NO: 32324 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470000400P1 HOURS 07/06/2020 TAD Receipt and review of correspondence re: claim information. Review and revise discovery to plaintiff. Complete deposition summaries. Review case law re: claims for motions/update to city. 3.20 07/07/2020 TAD Continue review of case law re: claims and motions. Complete deposition summaries and revise discovery to include additional requests based upon testimony. 2.80 07/09/2020 TAD Receipt and review of correspondence re: status of property and prepare response to same. Finalize discovery to plaintiffs. 0.40 07/10/2020 IR Reviewed the City of Boynton Beach's Request for Production, addressed to Plaintiff, requesting 43 sets of records, from the Plaintiff; preparation of ticklers, including the deadline of August 10, 2020 [from 8.8.20, Saturday] and dates thereafter as follow up; Reviewed the Court's Case Management Conference, set for July 15, 2020 at 8:45am, in compliance with Fla.R.Civ.P. 1.200, before Honorable Donald Hafele, in Division AG, Palm Beach County, FL; 0.50 07/16/2020 TAD Receipt and review of correspondence re: status of property. Attend hearing on case management conference. Confer with Plaintiff re: mediation. Receipt of correspondence from plaintiff re: case management conference and prepare correspondence re: same. 1.40 07/17/2020 TAD Receipt and review of order resetting case management conference. Prepare correspondence to Court re: same. 0.20 07/20/2020 TAD Receipt and review of correspondence from city re: violations and prepare response to same re: negotiations with plaintiffs. 0.30 07/22/2020 TAD Receipt and review of correspondence re: hearing. Receipt of order from court re: case management conference. Receipt of correspondence from plaintiff re: status and case management conference and prepare correspondence re: same. Review status of discovery re: hearing. Receipt of correspondence from City re: violations and prepare: response to same. 1.40 07/23/2020 TAD Attend case management conference. Prepare order on same. Confer with Page 440 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 32324 adv. Caliendo, Giovanni & Emily (code violation) HOURS JA re: trial setting and review court instructions re: same. Prepare correspondence to plaintiff re: order. Receipt of correspondence from plaintiff re: code violations. Receipt of correspondence from City re: inspection and results. Prepare correspondence re: same. Receipt of interrogatories and request for production from plaintiff. Receipt of motion to compel. Review discovery at issue re: response to motion. 4.20 IR Receipt and review of Plaintiffs Motion to Compel Better Discovery Responses by the City, filed on 7.23.20; receipt and review of Plaintiffs Second Set of Interrogatories to the City, filed on 7.23.20; receipt and review of Plaintiff's Second Request for Production to the City, filed on 7.23.20; preparation of ticklers for discovery requests, due August 22, 2020; 0.60 07/27/2020 TAD Confer with JA re: trial setting. Prepare proposed order on case management conference. Prepare correspondence to plaintiff re: order on case management conference. Receipt of response to same. Prepare correspondence to court re: proposed order. 1.10 FOR CURRENT SERVICES RENDERED 16.10 3,212.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.10 $125.00 $137.50 TRACEY A. DECARLO 15.00 205.00 3,075.00 TOTAL CURRENT WORK 3,212.50 BALANCE DUE $3,212.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 441 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905190 Suite 101 STATEMENT NO: 32325 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 07/16/2020 TAD Receipt and review of correspondence re: status and prepare response to same. 0.20 07/20/2020 TAD Attend telephone conference with adjuster re: status and strategy. 0.80 GB Telephone conference call with Tristar regarding status. Emails with TAD regarding matter. 1.00 07/27/2020 IR Researched recent online court docket entries and prepared tickler to touch base with attorneys for Mark Sohn; 0.30 FOR CURRENT SERVICES RENDERED 2.30 447.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.00 $205.00 $205.00 INGRID RIERA 0.30 125.00 37.50 TRACEY A. DECARLO 1.00 205.00 205.00 TOTAL CURRENT WORK 447.50 BALANCE DUE $447.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 442 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905216 Suite 101 STATEMENT NO: 32326 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 07/06/2020 GB Emails with TAD regarding new Fla. DCA caselaw regarding whistle blowers. 0.10 07/13/2020 TAD Receipt and review of correspondence re: depositions of Katz and Magnanti and prepare response to same. 0.20 07/15/2020 GB Researched the district court website for new opinion regarding whistle blower. 0.60 07/30/2020 TAD Receipt and review of correspondence from Cummings re: information on claims and deposition and prepare response to same. 0.20 07/31/2020 IR Research Judge Scott Kerner Divisional Instructions [AJ], during COVID-19 as well as Palm Beach Circuit Court Docket, from last entry; 0.90 FOR CURRENT SERVICES RENDERED 2.00 338.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.70 $205.00 $143.50 INGRID RIERA 0.90 125.00 112.50 TRACEY A. DECARLO 0.40 205.00 82.00 TOTAL CURRENT WORK 338.00 BALANCE DUE $338.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 443 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905323 Suite 101 STATEMENT NO: 32327 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) Billing Category: 18- RLO Claim#19757938 HOURS 07/14/2020 TAD Prepare correspondence re: hearing. Receipt of response to same. Prepare correspondence to plaintiff re: stipulation and order. Prepare correspondence to plaintiff re: payment. 0.70 07/20/2020 TAD Receipt and review of order from the Court approving the settlement. Prepare correspondence to plaintiff re: settlement. 0.40 07/27/2020 TAD Receipt and review of correspondence re: dismissal. Review stipulation and dismissal. Prepare correspondence to plaintiff re: stipulation. Receipt of correspondence from court re: order. Receipt of correspondence from plaintiff re: release. Receipt of release. Prepare correspondence re: same. Receipt of order from Court re: dismissal. Prepare correspondence to client re: dismissal and release. 1.40 IR Receipt and review of email from the 15th Judicial Circuit, enclosing the Joint Stipulation of Dismissal with Prejudice, filed with the Court on July 27, 2020; receipt and review of email from the Clerk of the Court, of the 15th Judicial Circuit, of the memo Rejecting Proposed Order with the draft Order of Dismissal, by Judge Donald W. Hafele, dated 7.27.20, following Administrative Order 2.310-4/13; receipt and review of email from the 15th Circuit Clerk of the Court, of the Parties Stipulation, as accepted this date; 0.60 07/28/2020 TAD Receipt and review of correspondence re: settlement and prepare response to same. Prepare correspondence to City re: settlement. 0.40 07/30/2020 TAD Receipt and review of correspondence regarding settlement documents and documents. 0.20 FOR CURRENT SERVICES RENDERED 3.70 710.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.60 $125.00 $75.00 TRACEY A. DECARLO 3.10 205.00 635.50 Page 444 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905323 STATEMENT NO: 32327 adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) TOTAL CURRENT WORK 710.50 BALANCE DUE $710.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 445 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905336 Suite 101 STATEMENT NO: 32328 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim#001470000449EO HOURS 07/14/2020 IR Palm Beach County Court, online court docket search, for any new filings in the Writ for Certiorari, as initially filed by Bernard Wright; preparation of memoranda to file, regarding status and report on current findings; preparation of ticklers for the next 30 and 45 days from this date [from date of initial filing with the circuit court]; 0.30 FOR CURRENT SERVICES RENDERED 0.30 37.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TOTAL CURRENT WORK 37.50 BALANCE DUE $37.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 446 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905337 Suite 101 STATEMENT NO: 32329 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Daniels, James (Fire Dept Incident) Billing Category: 18- RLO HOURS 07/13/2020 TAD Receipt and review of correspondence re: records request. Review documents provided and prepare correspondence re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 447 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905344 Suite 101 STATEMENT NO: 32330 Boynton Beach FL 33426 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18- RLO Claim#001470000450EP HOURS 07/01/2020 GB Emails regarding Landress' deposition with TAD and with court reporter. Emails regarding setting status conference and Motion for Summary Judgment hearing. Telephone conference call with TAD regarding Landress' deposition. Prepared for Landress' deposition by updating outline. 1.30 07/02/2020 GB Prepared for Landress' deposition. Took Landress' deposition. Emails with TAD and court reporter regarding Landress' deposition. Emails with opposing counsel and TAD Regarding setting Motion for Summary Judgment for hearing and setting Case management conference. 2.40 TAD Receipt and review of correspondence re: depositions. Confer with GB re: Landress deposition and Joseph information. Confer with plaintiff re: motion for summary judgment. Receipt of correspondence re: status of discovery. Review information for depositions including timelines and outlines of testimony. 0.90 07/06/2020 GB Telephone conference call with TAD regarding Landress deposition and case status. Emails with opposing counsel regarding Chief Joseph's deposition. Left voicemail for Chief Joseph regarding subpoena. Email to City regarding Landress' deposition. Emails with Tristart adjuster regarding case status. Emails with TAD regarding update to tristar. 1.30 TAD Receipt and review of correspondence re: motions. Confer with GB re: discovery and motions. 0.40 07/07/2020 GB Emails regarding Motion for Summary Judgment and Chief Joseph's deposition. Drafted and filed Notice of Hearing for Motion for Summary Judgment. Telephone conference call with Chief Joseph regarding subpoena. 1.10 TAD Receipt and review of correspondence re: trial issues and motions. Prepare response to same. 0.20 07/08/2020 IR Receipt and review of Plaintiff's four[4]trial subpoenas, addressed to Glenn Joseph, Latosha Clemons, Dean Kinser and Michael Landress; online review of Palm Beach Circuit Court status of reopening the courts, regarding the current status of civil jury trials in Palm Beach Courts; researched and retrieved Supreme Court of Florida, No. AOSC20-23, Covid-19, Emergency Measures for the Florida State Courts, regarding suspension of civil jury trials, through this date; preparation of Trial Witness Page 448 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 32330 Brescia, Brandon (EEOC Complaint) HOURS and Contact information chart, for use at trial; initial preparation of trial subpoenas, to be served upon Dean Kinser and Dr. Henry Moore; 2.20 TAD Receipt and review of correspondence re: depositions. Confer with GB re: depositions and motions. 0.30 GB Telephone conference call with TAD regarding trial deadlines. Emails with IVR regarding trial subpoenas. Telephone conference call and emails with Chief Joseph regarding deposition. Emails with opposing counsel regarding Chief Joseph's deposition. 0.90 07/09/2020 TAD Receipt and review of correspondence re: deposition of Moore. Review information on Moore and confer with GB re: deposition of same. Receipt of correspondence re: stipulation and proposed stipulation. 0.80 IR Preparation of email, with the City of Boynton Beach's trial subpoenas, for fact witnesses, to attend civil jury trial, during the period commencing August 3, 2020 through September 11, 2020; preparation of updates to Trial Subpoena & Information chart, to include the City's trial witnesses, who will be served via subpoena for court, as well as Plaintiff's four individuals who will be served with Plaintiffs trial subpoenas; researched jury information from Chief Judge Krista Marx, and the Court's directives regarding civil jury trials and potential Palm Beach County jurors; receipt and review of Plaintiffs Notice of Taking Deposition of fact witness Glenn Joseph, on July 15, 2020; prepared tickler regarding potential assistance regarding preparation for same; 2.40 GB Emails with TAD & Plaintiff's Counsel regarding pretrial stipulation. Reviewed and edits to pretrial stipulation. Emails with Dr. Moore's office confirming deposition. Prepared for deposition by drafting outline, reviewing medical records, reading Plaintiff's deposition transcript. Emails with IVR regarding trial subpoenas. 3.50 07/10/2020 IR Receipt and review Plaintiff's counsel's emails regarding the deposition of Joseph Glenn, presently scheduled for July 15, 2020; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, as well as the Trial Subpoena chart, to track when fact and other witnesses served with service of process, for the trial period, commencing August 3, 2020 through September 11, 2020; receipt and review of emails from the City to Plaintiffs counsel, regarding upcoming events, prior to the Court's deadlines, following its Trial Order, entered on March 11, 2020; 1.80 TAD Receipt and review of pre-trial stipulation. Confer with GB re: changes to same. 0.80 GB Prepared and took Dr. Moore's deposition. Telephone conference call with TAD regarding trial deadlines. Telephone conference call with opposing counsel's office regarding pretrial stipulation. Drafted deposition designations. Edits to Pretrial stipulation. 4.20 07/13/2020 GB Revisions to Pre-Trial Stipulations and emails with TAD regarding same. Revisions to Tristar Pre-Trial Report 1.70 TAD Receipt and review of correspondence re: pretrial stipulation. Prepare revisions to stipulation and correspondence to plaintiff re: same. 0.80 IR Receipt and review of Judge Kelley's online special set calendar, for August 2020, to confirm the City's dispositive motion is listed, to be heard as an evidentiary/dispositive motion and following the Court's Division AE's directives; 0.70 07/14/2020 TAD Receipt and review of correspondence re: stipulation and review revised Page 449 of 1128 Page: 3 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 32330 Brescia, Brandon (EEOC Complaint) HOURS stipulation. 0.40 GB Revisions to Pre-Trial Stipulations. Emails with TAD regarding Pre-Trial Stipulations. Emails with opposing counsel regarding pre-trial stipulations. Revisions to Tristar Pre-Trial Report. Emails with TAD regarding Tristar Pre-Trial Report. Prepared for Chief Joseph's deposition. 1.40 IR Receipt and review of email from counsel for Plaintiff, regarding confirmation of tomorrow's deposition of Glenn Joseph; receipt and review of second email from Plaintiffs counsel, to cancel and reschedule the deposition of Glenn Joseph; prepared tickler for one week from today, to check again, if Plaintiff rescheduled Glenn Joseph's deposition, in advance of the discovery cut-off of July 14, 2020; receipt and review of the parties' Jointly filed Pretrial Stipulation, in compliance with Judge Glenn Kelley's March 11, 2020 trial order; 0.90 07/15/2020 TAD Confer with GB re: pretrial stipulation changes. Receipt of correspondence re: same. Receipt of order resetting trial. 1.40 IR Receipt and review of email from Honorable Judge Glenn Kelley, with the Court's Order Resetting Civil Jury Trial, to February 16, 2021 through March 26, 2021; reviewed previously prepared trial outline, for the trial period commencing August 3, 2020 through September 11, 2020; preparation of revised trial order outline, for the new 2021 trial period, with new court-ordered dates of trial disclosures; preparation of ticklers, for new trial deadlines and leading up to deadline dates; receipt and review of email from legal assistant regarding same; 1.40 GB Telephone conference call with Chief Joseph regarding canceling deposition. Emails with TAD regarding canceling Chief Joseph's deposition. 0.40 07/16/2020 GB Telephone conference call with Glenn Joseph regarding trial subpoena. Emails with Glenn Joseph regarding same. Emails with opposing counsel regarding Glenn Joseph's trial subpoena. Emails with TAD regarding Motion for Summary Judgment hearing. 0.60 IR Receipt and review of emails from Plaintiff's counsel, regarding trial rescheduled to February 16, 2021 through March 26, 2021; preparation of additional revisions to trial order outline deadlines, in advance of the 2021 civil jury trial; online court docket search, as well as Division AE, for information related to the number of cases on Judge Kelley's trial docket that may have been rescheduled into 2021; 2.30 07/17/2020 IR Preparations of revisions, following Judge Glenn Kelley's Re-scheduled Trial Order, for the period commencing February 16 through March 26, 2021; updated tickler dates, with lead up to deadlines ticklers; reviewed online court docket, pertaining to the status of witness trial subpoenas, to be re-issued, in 2021, under the new trial period; 1.30 07/20/2020 IR Receipt and review of Plaintiffs Memoranda in Opposition to Defendant's Motion for Summary Judgment, review of Plaintiffs accompanying Exhibits A, B, C & D, in support of Plaintiff's Motion in Opposition to Defendant's Motion for Summary Judgment; receipt and review of Brandon Brescia's lawyer's correspondence of this date, enclosing his opposition and exhibits, for use at the special set hearing on August 3, 2020; prepared tickler to prepare any assistance, in advance of the evidentiary hearing of August 3, 2020,with the City's attorneys; 0.70 GB Reviewed Court's Order setting Motion for Summary Judgment hearing to ensure compliance. Began preparing for Motion for Summary Judgment hearing. Received and reviewed Plaintiffs Memorandum in Opposition to Page 450 of 1128 Page: 4 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 32330 Brescia, Brandon (EEOC Complaint) HOURS Motion for Summary Judgment and conducted legal research regarding arguments put forth by Plaintiff. 2.10 07/21/2020 TAD Receipt and review of correspondence re: motion for summary judgment. Review plaintiffs reply to motion and review exhibits. Review reply and reply exhibits and confer with GB re: same. 1.70 IR Receipt and review of the City of Boynton Beach's Reply to Plaintiff's Memorandum in Opposition to the City's Motion for Summary Judgment, special set to be heard before Judge Glenn Kelley on August 3, 2020; 0.50 GB Complied with Judge's instructions by putting together a binder of relevant documents to be mailed to the Judge for Motion for Summary Judgment hearing. Drafted a letter to the Judge enclosing binder with Motion for Summary Judgment documents. Drafted and filed a Reply to Plaintiff's Memorandum in Opposition to City's Motion for Summary Judgment. Telephone conference call and emails with City Clerk regarding certified copies. Emails with TAD regarding Reply. 4.20 07/22/2020 GB Emails with Court Reporter regarding Motion for Summary Judgment hearing. 0.10 TAD Receipt and review of order re: motion. Confer with GB re: same. 0.30 07/23/2020 GB Emails with TAD regarding Motion for Summary Judgment hearing. 0.10 07/24/2020 IR Receipt and review of email from Plaintiffs counsel, enclosing Plaintiff's Motion to Strike Defendant's Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment, filed with the Court July 24, 2020, along with Attorney Schofield's correspondence to Judge Glenn Kelley, in advance of the Special Set hearing of same on August 3, 2020; 0.30 GB Received and reviewed Plaintiffs Motion to Strike City's Reply to Plaintiff's Memorandum in Opposition to Motion for Summary Judgment. Reviewed case law cited in Motion to Strike. Email to TAD regarding Motion. 0.70 07/29/2020 IR Research online court docket, regarding special set hearing on the City of Boynton Beach's Motion for Summary Judgment; 0.20 07/31/2020 IR Receipt, reviewed and responded to emails from Michael Kridel, CPA, PA, regarding his retainer and his receipt of a draft from the City of Boynton Beach in the amount of$7,500; researched information pertaining to same, from the City; prepared a tickler to follow up with litigation team and provide Mr. Kridel an update by August 4, 2020; received follow up email from Michael Kridel and responded to same; 0.90 GB Prepared for Motion for Summary Judgment hearing. 1.80 FOR CURRENT SERVICES RENDERED 51.40 9,289.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 27.80 $205.00 $5,699.00 INGRID RIERA 15.60 125.00 1,950.00 TRACEY A. DECARLO 8.00 205.00 1,640.00 Photocopies 70.70 Page 451 of 1128 Page: 5 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 32330 Brescia, Brandon (EEOC Complaint) TOTAL EXPENSES THRU 07/31/2020 70.70 07/21/2020 Federal Express - Invoice 7-077-94022 17.47 17.47 TOTAL ADVANCES THRU 07/31/2020 17.47 TOTAL CURRENT WORK 9,377.17 BALANCE DUE $9,377.17 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 452 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905360 Suite 101 STATEMENT NO: 32331 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18- RLO Claim#001470001005EP HOURS 07/09/2020 IR Receipt and review of Summons and Complaint, served upon the City of Boynton Beach on July 9, 2020; preparation of ticklers, regarding the City's Answer, or other court filing by July 29, 2020; preparation of City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; review documents related to the Plaintiff's EEOC Claim; 3.10 GB Emails with TAD regarding responding to Complaint. Read Complaint and prepared to respond. 0.40 07/10/2020 IR Online research of Plaintiff, along with other witnesses; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; reviewed anticipated trial exhibits, as produced by the Plaintiff, from his EEOC claim; 2.60 07/13/2020 IR Prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.40 07/15/2020 GB Legal Research for Motion to Dismiss Complaint. 0.80 07/16/2020 GB Legal Research Motion to Dismiss Retaliation Claim under FCRA. 1.30 07/20/2020 GB Emails with TAD regarding Response to Complaint. 0.10 07/21/2020 GB Drafted Answer and Affirmative Defenses and Legal Research regarding Affirmative Defenses. 1.90 07/22/2020 GB Finalized Answer and Affirmative Defenses. Emails with TAD regarding Answer and Affirmative Defenses. Drafted letter to City regarding case status and requesting documents. 1.30 IR Reviewed online court docket, for status of pending discovery; receipt and review of the City of Boynton Beach's Answer and Affirmative Defenses; review of documents and dockets related to Plaintiffs approximately seventeen [17] other court filings, as listed in the Palm Beach County Courts, Florida, from several different courts within Palm Beach; 0.90 07/31/2020 TAD Receipt and review of correspondence re: claim. Review complaint and information on claim re: status and report. Confer with GB re:same. 0.60 Page 453 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905360 STATEMENT NO: 32331 adv. Cain, Courtney HOURS FOR CURRENT SERVICES RENDERED 13.40 2,187.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 5.80 $205.00 $1,189.00 INGRID RIERA 7.00 125.00 875.00 TRACEY A. DECARLO 0.60 205.00 123.00 TOTAL CURRENT WORK 2,187.00 BALANCE DUE $2,187.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 454 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905369 Suite 101 STATEMENT NO: 32332 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 07/07/2020 IR Reviewed EEOC documents received from the Plaintiff; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 4.10 07/08/2020 IR Organization of anticipated trial witnesses, and cross-referenced with documents that pertain to each fact witness; continuation of updates to trial notebook, for use at upcoming discovery events and mediation; retrieved online court docket at Palm Beach Circuit Court; 2.60 GB Revisions to outline for Plaintiffs deposition and put together exhibits to deposition. 2.00 TAD Receipt and review of correspondence re: deposition of plaintiff. Review plaintiffs employment records re: preparation for deposition. Review discovery re: status and information for deposition of plaintiff. Confer with GB re: deposition of plaintiff. 1.80 07/09/2020 TAD Continue to review records re: employment issues and history and claims and prepare for deposition of plaintiff. Review information to EEOC re: claims and deposition of Plaintiff. Review discovery and personnel file and termination information re: deposition. Review case law re: claims for deposition. 4.60 07/10/2020 TAD Attend deposition of plaintiff. 3.20 07/13/2020 TAD Prepare memorandum re: information from the Plaintiffs deposition for follow up with City and for additional discovery. 1.10 07/14/2020 TAD Receipt and review of correspondence re: discovery. Prepare correspondence to City re: deposition of the Plaintiff. 1.20 07/15/2020 GB Telephone conference call and emails with City regarding Plaintiffs request for City Representative deposition. 0.40 07/16/2020 GB Emails with City regarding Plaintiffs request to depose City Representative. Emails with Plaintiff's counsel regarding request to depose City Representative. 0.20 07/17/2020 IR Receipt and review of emails between counsel for the parties' regarding Page 455 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905369 STATEMENT NO: 32332 adv. Moyse, Roseline (RLO) HOURS upcoming depositions and the type of corporate representatives who Plaintiff's counsel expects to depose; prepared tickler for status check, early next week; online court docket search, for recently court filings, in the 15th Circuit Court; 0.40 07/20/2020 GB Email to City regarding Plaintiff's deposition request. 0.10 07/21/2020 GB Telephone conference call and emails with City regarding Plaintiff's deposition Request. 0.50 07/22/2020 GB Emails with City and Plaintiffs Counsel regarding deposition of City Representative. 0.10 07/23/2020 GB Email with Plaintiff's Counsel regarding deposition of City Representative. Emails with City regarding deposition. 0.20 07/27/2020 GB Emails with City regarding deposition. Emails with Plaintiffs counsel regarding deposition of City Representative. Telephone conference call with City regarding City Deposition. 0.60 TAD Confer with GB re: deposition of corporate representative. Review correspondence from plaintiff re: deposition issues and areas of testimony re: response. 0.60 07/31/2020 GB Emails with opposing counsel regarding City's deposition. 0.10 FOR CURRENT SERVICES RENDERED 23.80 4,311.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.20 $205.00 $861.00 INGRID RIERA 7.10 125.00 887.50 TRACEY A. DECARLO 12.50 205.00 2,562.50 TOTAL CURRENT WORK 4,311.00 BALANCE DUE $4,311.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 456 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905392 Suite 101 STATEMENT NO: 32333 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18- RLO Claim#19762606 HOURS 07/13/2020 TAD Receipt and review of correspondence re: status of settlement. Review accident and incident report re: claimant information. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 457 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905421 Suite 101 STATEMENT NO: 32334 Boynton Beach FL 33426 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18- RLO Claim#19779868 HOURS 07/14/2020 TAD Receipt and review of correspondence re: complaint. Receipt of complaint from Plaintiff. Review information on incident and reports re: response to complaint. 1.30 IR Receipt and review of email from the City of Boynton Beach legal department, enclosing a Complaint for Damages filed by Patrick McFaddan; retrieved online court docket, regarding status of co-defendant, Officer Mark Sohn Summons and returns of service; prepared ticklers for the City of Boynton Beach's answer, or other responsive court filing, in response to Plaintiff's Complaint, by August 3, 2020 [as 8.2.20 is Sunday]; preparation of Trial Witness and Subpoena Duces Tecum Tracking chart, to following upcoming discovery and depositions, along with exhibits related thereto; 2.80 07/15/2020 IR Research of Plaintiffs background, from date of arrest, from the subject of this litigation, through current; research online Florida Department of Corrections; research from Palm Beach County criminal docket search regarding Plaintiff's 2020 incarceration, from public records search; reviewed memoranda of Plaintiffs criminal charges, prepared in September, 2019 [not including 2020 incarceration, researched from Palm Beach County Sheriffs Office, of Plaintiffs incarceration from probation violation]; 2.20 GB Emails with TAD regarding responding to Complaint. Reviewed Complaint in preparation for filing a response. 0.60 07/17/2020 TAD Receipt and review of correspondence from City re: body cam information. Prepare response to same. 0.30 07/20/2020 IR Online search of Palm Beach Circuit Court docket, regarding service of Summons and Complaint, upon co-defendant, Officer Mark Sohn; review of Notice of Appearance of Notice of Appearance filed by Roberts, Reynolds, Bedard, et.al. law firm as counsel for Officer Sohn, filed on July 17, 2020; review of Notice of Unavailability filed by Roberts, Reynolds during dates in July, August& October of 2020 and review of email designation, under certificate of service; reviewed emails between defense counsel, regarding change of jurisdiction in this litigation, to federal court and drafted documents to be filed in 15th Judicial Circuit; 1.20 GB Emails with TAD Regarding response to Complaint. Read Complaint and conducted legal research for Motion to Dismiss Complaint. 1.40 Page 458 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905421 STATEMENT NO: 32334 adv. McFadden, Patrick (K9 Injuries) HOURS 07/21/2020 IR Research online court docket, in the 15th Judicial Circuit and reviewed the Return of Service, filed on July 20, 2020 by Ronald Jobst at Paradise Process and Production Se Services, LLC in Stuart, Florida, that served the City of Boynton Beach at a second street address on July 13, 2020 at 4:17pm by serving Lynn Swanson; online searches of witnesses, co-defendants from the arrest, which is the subject matter of this litigation, and law enforcement personnel in both Broward and Palm Beach counties, as noted in the arrest records, from the incident on 9.4.17; preparation of updates to the Trial Witness and Subpoena Duces Tecum tracking chart accordingly, in preparation for discovery and discovery responses; 4.60 07/23/2020 GB Emails with TAD regarding response to Complaint and removal. 0.10 07/24/2020 GB Received and reviewed Joint Notice of Removal from Roberts, Reynolds and email to TAD regarding Joint Notice of Removal. Legal Research, how many days to respond once removal is filed. 0.50 07/27/2020 GB Emails with Officer Sohn's counsel regarding notice of removal. 0.10 07/30/2020 GB Legal Research for response to Complaint. 0.60 07/31/2020 IR Receipt and review of Clerk of the United States District Court, Southern District of Florida, Fort Lauderdale Division, of new filing, including the Honorable Rodney Smith, in the Broward Federal Courthouse and Magistrate Judge Matthewman, in the Palm Beach Division; updated trial tracking and deadlines for the parties, entered by the clerk; 0.50 TAD Receipt and review of order requiring joint scheduling report. Receipt of notice of judicial assignment. 0.70 FOR CURRENT SERVICES RENDERED 16.90 2,560.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.30 $205.00 $676.50 INGRID RIERA 11.30 125.00 1,412.50 TRACEY A. DECARLO 2.30 205.00 471.50 TOTAL CURRENT WORK 2,560.50 BALANCE DUE $2,560.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 459 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905423 Suite 101 STATEMENT NO: 32335 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 07/02/2020 TAD Receipt and review of correspondence re: report. Review report. Confer with expert re: report issues. Receipt of additional correspondence re: report. Prepare revisions and correspondence re: same. Prepare expert witness disclosure. Prepare exhibits for disclosure. Prepare correspondence to expert re: additional information for disclosure. Revise disclosure. Prepare correspondence to plaintiff re: expert issues. Review and edit motion re: Plaintiff's expert. Review plaintiff expert testimony re: motion. Review case law re: motion. 4.80 GB Finalized first draft of Daubert Motion and legal research for Motion. 4.00 07/06/2020 IR Receipt and review of the City of Boynton Beach's Expert Witness Disclosure of Michael Kridel, CPA, as the City's forensic accountant; receipt and review of the City's expert witness rebuttal report, along with attachments, in compliance with Fed.R.Civ.P. for expert witness and rebuttal expert witness disclosures; preparation of the City's fact witness disclosure, in compliance with Judge Dimitrouleas'trial order, with mandatory court-ordered deadlines; receipt and review of Michael Kridel, CPA, email to TAD and myself, regarding rebuttal expert witness report to be filed with the Court, from 7.2.20; 2.30 TAD Receipt and review of deposition of plaintiff's expert. Prepare outline of same for trial and motions. Review daubert motion and revise same to include additional testimony and arguments. 3.70 07/07/2020 GB Edits to Daubert Motion. 0.70 IR Receipt and review of fact witness deposition transcripts received from the City's court reporters, for filing with the Court; preparation of updates to Trial Witness chart, in preparation for civil jury trial in November, 2020, and for listing of the City's Trial Exhibits, in compliance with the Court's trial disclosures order; 0.90 TAD Receipt and review of additional information for motion to exclude expert. Prepare revisions to motion. Review additional case law re: motions in limine. 2.80 07/08/2020 IR Preparation of the City of Boynton Beach's Trial Exhibits List and Disclosure, separating documents received from the Plaintiffs' various discovery responses; 0.90 TAD Review case law re: daubert issues. Revise motion and prepare Page 460 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32335 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS correspondence re: same. Receipt of deposition of Moya and prepare outline of same for motions and trial. Receipt and review of deposition of Dipika Shah and prepare outline of same for trial and motions. Receipt of deposition of Snow. Prepare outline of same fro trial and motions. 5.30 07/09/2020 TAD Prepare proposed order on motion to exclude expert and correspondence to court re: same. Receipt of correspondence from City re: status of property. Receipt of correspondence from City re: changes to property. Prepare correspondence to City re: status of inspection. 0.60 07/16/2020 TAD Receipt and review of case law re: motion for summary judgment. 2.40 07/20/2020 IR Preparation of witness information, for use at trial, and to include all deposition transcripts,with exhibits, to be utilized by the City of Boynton Beach, as its trial exhibits; 2.20 TAD Receipt and review of depositions of plaintiffs and employees re: motion for summary judgment. Continue to review case law re: same. 3.30 07/21/2020 TAD Receipt and review of depositions of employees re: information for motions and trial. Review exhibits for pre-trial disclosures and witness information for trial. Confer with GB re: summary judgment motions. 2.80 IR Preparation of documents received from the Plaintiffs and broke down into groupings, to lists and utilize for trial, following the Court's Trial Order; 0.80 GB Emails with TAD regarding Motion for Summary Judgment deadline. 0.10 07/22/2020 GB Reviewed Complaint, Plaintiff's Deposition, Court's Order on Preliminary Injunction, Court's Order on City's Motion to Dismiss, Court's Order on Officer's Motion to Dismiss, Tristar Report, and various Motions filed in case in preparation for Motion for Summary Judgment. 3.90 IR Preparation of witness research and online background searches, in preparation of pretrial stipulation, due on October 3, 2020, following Judge Dimitrouleas' December 19, 2019 Order Setting Trial Date & Discovery Deadlines, Referring Case to Mediation & Referring Discovery Motions to Magistrate Judge Matthewman; cross-reference of all listed trial witnesses with the parties' initial disclosures, including discovery responses; 3.60 TAD Receipt and review of trial order re: motion requirements and deadlines. 0.30 07/23/2020 IR Organization of records for use at trial, to incorporate into one document, for review with opposing counsel on or before September 18, 2020, following the Court's trial order, entered in December of 2019; online research of Judge Dimitrouleas' court personnel and trial procedures, to update trial disclosures; 4.70 GB Reviewed file and legal research for Motion for Summary Judgment. 2.60 07/24/2020 IR Organization of documents to utilize at trial exhibits, in compliance with Judge Dimitrouleas' December 19, 2019 Order Setting Trial Dates and Deadlines; reviewed and retrieved documents from fact witness depositions, to disseminate as the City of Boynton Beach's trial exhibits; 4.10 GB Legal Research and draft Motion for Summary Judgment. 3.90 07/27/2020 IR Reviewed updated pleading index, including deposition transcripts with exhibits, for organization of documents to turn into the City of Boynton Beach's Trial Exhibits Disclosure, for pre-marking and reviewed with opposing counsel by September 18, 2020; continuation of review of all documents in this litigation, to be utilized at trial, on November 2- 13, 2020; 3.40 Page 461 of 1128 Page: 3 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32335 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS GB Continued drafting and legal research for Motion for Summary Judgment. 4.00 TAD Confer with GB re: motion for summary judgment. Review deposition testimony of Woods and Cafaro re: material facts supporting motion for summary judgment. 2.80 07/28/2020 TAD Receipt and review of correspondence re: motions. Continue review of case law re: due process claims. Confer with GB re: additional arguments for motion. Begin preparation of statement of material facts. Review hearing information re: motion for summary judgment. 4.70 GB Drafted Motion for Summary Judgment, legal research for Motion for Summary Judgment, and reviewed deposition transcripts for Motion for Summary Judgment. 4.20 07/29/2020 TAD Review judge procedures re: motion for summary judgment. Continue to review case law re: due process issues. Prepare exhibits for motion. Draft of motion for summary judgment for count II with memorandum of law. Draft statement of material facts for count II. Confer with GB re: exhibits for motion. Review memorandum of law re: first amendment claims re: revisions to same. 5.80 IR Reviewed potential trial exhibits, for pre-marking, following the Court's trial order. 0.60 GB Drafted Motion for Summary Judgment, legal research for Motion for Summary Judgment, and reviewed deposition transcripts for Motion for Summary Judgment. Emails with TAD regarding Motion for Summary Judgment. 4.30 07/30/2020 TAD Review and revise motion for summary judgment and statement of material facts. Confer with GB re: exhibits and motion. Complete memorandum of law re: due process claims. 4.80 IR Reviewed numerous documents relevant to this litigation, initially received from the client, to determine whether said records should be entered and ultimately marked as the City of Boynton Beach trial exhibits; 2.80 GB Drafted Motion for Summary Judgment, legal research for Motion for Summary Judgment, and reviewed deposition transcripts for Motion for Summary Judgment. Emails with TAD regarding Motion for Summary Judgment. Put together exhibits finalized Motion for Summary Judgment and Statement of Material Facts. 5.00 07/31/2020 TAD Receipt and review of plaintiffs renewed motion for injunction and memorandum of law. Receipt of plaintiffs statement of undisputed issues of fact. Receipt of plaintiffs exhibits supporting motion. Receipt of plaintiffs motion for partial summary judgment. Review case law cited by Plaintiffs re: motion for injunction. 3.80 GB Drafted Motion for Summary Judgment, legal research for Motion for Summary Judgment, and reviewed deposition transcripts for Motion for Summary Judgment. 4.20 FOR CURRENT SERVICES RENDERED 111.10 20,671.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 36.90 $205.00 $7,564.50 INGRID RIERA 26.30 125.00 3,287.50 TRACEY A. DECARLO 47.90 205.00 9,819.50 Page 462 of 1128 Page: 4 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32335 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Photocopies 36.05 TOTAL EXPENSES THRU 07/31/2020 36.05 06/19/2020 Federal Express - Invoice 7-077-94022 15.27 15.27 TOTAL ADVANCES THRU 07/31/2020 15.27 TOTAL CURRENT WORK 20,722.82 BALANCE DUE $20,722.82 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 463 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905448 Suite 101 STATEMENT NO: 32336 Boynton Beach FL 33426 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18- RLO Claim#19787449 HOURS 07/15/2020 IR Research of Palm Beach Circuit Court online court docket, for last set of filings in this litigation; review of Plaintiffs Request for Production to the City of Boynton Beach; review the Plaintiffs first set of Interrogatories, addressed to the City of Boynton Beach, both sets of discovery due July 23, 2020; reviewed records received from the client, to date, to prepare discovery responses, due next week; online background searches of the Plaintiff, Joel James Fontenot, living in Boynton Beach; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart; 1.60 07/16/2020 IR Reviewed medical and other records; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart, for upcoming discovery and discovery responses; 1.30 07/21/2020 TAD Receipt and review of correspondence from plaintiff re: settlement and policy. Review information on claim and prepare correspondence to plaintiff. 0.40 07/22/2020 TAD Receipt and review of correspondence re: potential settlement. Prepare correspondence re: discovery. Receipt of response to same. Review claim information re: requested policy and prepare correspondence to plaintiff re: same. 0.80 07/31/2020 TAD Receipt and review of correspondence re: demand. Receipt of demand and proposed settlement agreement. Receipt of photographs and reports from plaintiff. Prepare correspondence re: same. 0.90 FOR CURRENT SERVICES RENDERED 5.00 793.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.90 $125.00 $362.50 TRACEY A. DECARLO 2.10 205.00 430.50 TOTAL CURRENT WORK 793.00 Page 464 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905448 STATEMENT NO: 32336 v. Fontenot, Joel (MVA) BALANCE DUE $793.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 465 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905462 Suite 101 STATEMENT NO: 32337 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Copabianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim#20806974 HOURS 07/13/2020 IR Review of Judge Small's Divisional Instructions, regarding the County still in Phase I of COVID-19 Pandemic; preparation of the City of Boynton Beach's Ex-Parte Motion to Compel Plaintiff to Comply with this Court's Agreed Order on Plaintiff's Motion for Extension [en]Largement of Time to Respond to Defendant's Discovery Requests, entered by Judge Small on May 16, 2020, with Plaintiffs discovery responses due on June 15, 2020; draft Order on the City's Ex-Parte Motion to Compel Discovery, for Judge Small to review and enter; preparation of ticklers to receive back from the Court within 7 days; preparation of email, enclosing the Defendant's Ex Parte Motion, along with the proposed Order on Ex-Parte motion, for Judge Lisa Small to enter; preparation of the City's Trial Witness and Subpoena Duces Tecum tracking chart, so to follow the parties whom have been deposed and whom have not, in addition to preparation of initial subpoena duces tecum, for use in the City's Notice of Production from Non-Parties, for records to be subpoenaed and used during discovery, mediation and for trial exhibits; online review of Plaintiffs counsel, updated trial witness tracking chart and had telephone conference with Attorney Peter Michael Hoogerwoerd, Esq., partner at Remer& Georges-Pierre, PLLC in Miami, Florida, regarding the City will be filing its Motion to Compel and for Contempt of Court, for Plaintiff's Failure to Comply with the Court's Agreed Order, entered on May 16, 2020, for Defendant's Attorneys' Fees and Costs, associated with having to file said enforcement motion; further prepared an email to Attorney Hoogerwoerd, regarding the failure of his office to file its client's Court-Ordered discovery responses timely, with deadline to produce same by Wednesday, July 15, 2020, by 5:OOp.m., or the motion for sanctions will be filed and brought to Judge Lisa Small's attention; 5.30 07/14/2020 TAD Receipt and review of plaintiffs answers to interrogatories. Receipt of correspondence re: same. Receipt of plaintiffs response to request for production. Receipt of documents from Plaintiff in response to discovery. 3.30 IR Receipt and review of email from Plaintiffs counsel, Daniel Jesus Bujan, of Remer$ Georges-Pierre, PLLC, regarding their client's past due discovery responses, pursuant to Judge Lisa Small's Agreed Order, entered on May 16, 2020 and due June 15, 2020; receipt and review the Plaintiffs Answers to the City of Boynton Beach's Interrogatories, propounded on April 13, 2020, as well as receipt and review of Plaintiff's Response to the City's Page 466 of 1128 Page: 2 CITY OF BOYNTON BEACH 08/04/2020 ACCOUNT NO: 306-9905462 STATEMENT NO: 32337 adv. Copabianco, Ewa (Charge of Discrimination) HOURS Request for Production, also propounded April 13, 2020; removed ticklers to follow up from yesterday's email, requesting same from Plaintiffs counsel; prepared tickler to prepare motion for better responses to the City's request for production and interrogatories; 0.70 GB Emails with TAD regarding Plaintiffs discovery responses. 0.10 07/15/2020 TAD Continue review of records from plaintiff in response to discovery. 1.70 07/31/2020 IR Review of Plaintiffs discovery responses and preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart, for use to prepare discovery and notice of production of non-parties, with subpoenas; 1.40 TAD Receipt and review of plaintiff's discovery documents and outline same re: depositions and discovery. 1.30 FOR CURRENT SERVICES RENDERED 13.80 2,237.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.10 $205.00 $20.50 INGRID RIERA 7.40 125.00 925.00 TRACEY A. DECARLO 6.30 205.00 1,291.50 Photocopies 7.35 TOTAL EXPENSES THRU 07/31/2020 7.35 TOTAL CURRENT WORK 2,244.35 BALANCE DUE $2,244.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 467 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905480 Suite 101 STATEMENT NO: 32338 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18- RLO Claim#19792048 HOURS 07/10/2020 IR Review new litigation, including emails with attachments from the City of Boynton Beach, for upcoming deadlines and potential discovery, addressed to the Plaintiff; preparation of tickler to follow up with TAD, regarding paralegal assistance; 0.40 FOR CURRENT SERVICES RENDERED 0.40 50.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TOTAL CURRENT WORK 50.00 BALANCE DUE $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 468 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905482 Suite 101 STATEMENT NO: 32339 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Louis, Rameau (Personal Injury) (Subrogation State Farm) Billing Category: 18 RLO Claim# HOURS 07/08/2020 TAD Receipt and review of correspondence re: claim information. Review no fault statute re: claim for reimbursement from employee's insurer. Prepare correspondence to city and adjuster re: same. 0.90 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 469 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905484 Suite 101 STATEMENT NO: 32340 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Astro Auto Salvage (sewer backflow damage) Billing Category: 18- RLO Claim# HOURS 07/17/2020 TAD Receipt and review of correspondence from City re: information on claim. Review file and claim status and prepare correspondence to City re: same. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 470 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905492 Suite 101 STATEMENT NO: 32341 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18- RLO Claim#20818346 HOURS 07/13/2020 TAD Receipt and review of correspondence re: claim and review claim information. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 471 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905497 Suite 101 STATEMENT NO: 32342 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Buckley, John/Travelers Insurance (MVA) Billing Category: 18- RLO Claim# HOURS 07/07/2020 IR Receipt and review of potential new[subrogation] matter regarding Traveler's Insurance, received from the City of Boynton Beach on 7.1.20; reviewed police report, photographs of vehicles involved in 5.28.20 accident, Leon Harrington's handwritten statement and Incident Report; prepared tickler to follow up with TAD regarding no litigation anticipated, no further action from litigation team; 0.40 07/13/2020 TAD Receipt and review of correspondence re: claim. Review information re: accident. 0.30 FOR CURRENT SERVICES RENDERED 0.70 111.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 111.50 BALANCE DUE $111.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 472 of 1128 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 08/04/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905498 Suite 101 STATEMENT NO: 32343 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18- RLO Claim# HOURS 07/02/2020 TAD Receipt and review of correspondence re: claim. Receipt of claim letter. Receipt of correspondence from adjuster and City re: same. 0.60 07/06/2020 IR Receipt and review of emails from the City of Boynton Beach, enclosing correspondence from potential Plaintiff, in anticipated litigation, regarding her claims; preparation of a Witness and Subpoena Duces Tecum tracking chart; 0.80 07/09/2020 IR Reviewed documents received from the City of Boynton Beach, in EEOC file and mural art litigation, alleged by Latosha Clemons, former City employee; 0.60 07/13/2020 TAD Receipt and review of correspondence re: claim information. Review records request and claim letter. 0.30 07/14/2020 IR Organization of information received, in order to update the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.60 FOR CURRENT SERVICES RENDERED 2.90 434.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.00 $125.00 $250.00 TRACEY A. DECARLO 0.90 205.00 184.50 TOTAL CURRENT WORK 434.50 BALANCE DUE $434.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 473 of 1128 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management July 17, 2020 Attn: Karen Klein Bill No. 52744 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 06/30/20 PROFESSIONAL SERVICES Date Services Attorney Hours 06/02/20 Communicate/With Client correspondences to and from Karen SWK 0.40 Klein re: will send estimated budget for Tristar's review. 06/02/20 Review/Analyze of file to determine additional depositions, KLR 0.40 possible motions, and experts needed in support of updated budget. 06/04/20 Communicate/Other Counsel correspondences to and from Gal SWK 0.40 Betesh re: confirmation that Plaintiffs deposition of Officer Mark Sohn will take place via Zoom 06/04/20 Receipt and review of Plaintiffs Notice of Taking Deposition of SWK 0.10 Mark Sohn. 06/04/20 Preparation of Correspondence to Mark Sohn re: deposition. SWK 0.30 06/12/20 Communicate/With Client correspondence to Karen Klein re: SWK 0.30 advised target settlement range. 06/12/20 Communicate/With Client correspondences to and from Karen SWK 0.40 Klein re: basis to file Motion for Summary Judgment on. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount KLR Kathryn L. Reeves, Paralegal 0.40 110.00 44.00 SWK Stephanie W. Kaufer, Partner 1.90 185.00 351.50 Total Professional Services 2.30 $395.50 Page 474 of 1128 Client: Gallagher Bassett Services, Inc. July 17, 2020 Matter: 18187 - Readon v. Boynton Beach Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 395.50 Balance Forward: 1,272.00 Payments &Adjustments: -1,272.00 Total Due: $ 395.50 Page 475 of 1128 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 52744 Bill Date: July 17, 2020 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 395.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 395.50 Balance Forward: 1,272.00 Payments &Adjustments: -1,272.00 Total Due: $ 395.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $395.50 Page 476 of 1128 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach August 12, 2020 Attn: claims@bbfl.us Bill No. 52985 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 07/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 07/02/20 Receipt and review of Plaintiff Sanford Geraci's Supplemental LHR 0.50 Responses to Defendant Zeller's Interrogatories (no NOS rec'd from the Court/served to our office) 07/02/20 Receipt and review of Plaintiff Meredith Geraci's Supplemental LHR 0.50 Responses to Defendant Zeller's Interrogatories (no NOS rec'd from the Court/served to our office) 07/22/20 Review Plaintiff Sanford Geraci's Supplemental Answers to RKD 0.60 Defendant's Interrogatories to identify any additional insurance providers, treating providers, damages, witnesses, or other defense leads. 07/22/20 Review Plaintiff Meredith Geraci's Supplemental Answers to RKD 0.30 Defendant's Interrogatories to identify any additional insurance providers, treating providers, damages, witnesses, or other defense leads. 07/22/20 Obtain addresses for serving subpoenas for Plaintiff, Sanford RKD 1.40 Geraci's records to Dr. Danette Arthur, Dr. Scott Berenson, Bethesda Hospital, Boca Raton Regional Hospital, Boynton Beach Skin, Broward Health Coral Springs, Certified Foot & Ankle Specialists, Dr. Uma Choday, Dr. Ivan Cichowicz, Cohen Medical Associates, CVS Pharmacy, Dr. Kathleen Davenport, Delray Medical Center, & Dermatology Consultants of South Florida. 07/23/20 Obtain addresses for serving public records requests for RKD 0.30 Plaintiffs, Sanford & Meredith Geraci's records from Delray Beach Police Department, Boca Raton Police Department, and Fort Lauderdale Police Department. Page 477 of 1128 Client: City of Boynton Beach August 12, 2020 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 07/23/20 Obtain addresses for serving subpoenas for Plaintiff, Sanford RKD 1.20 Geraci's records to Florida Department of Children & Families, Florida Department of Corrections Probation Services, Florida Pain Medicine Associates, Dr. Stuart Friedman, Gastrocare, Dr. Elisa Ginter, Dr. Jason Goldman, Inphynet Contracting Services, JFK Internal Medicine, Dr. Charles Lieber, Dr. Kenneth Mandell, Medsolutions, and MinuteClinic. 07/23/20 Preparation of correspondence to Director of HR and Risk LHR 0.70 Management, Julie Oldbury, re: Plaintiffs, Sanford and Meredith Geraci's, Supplemental Answers and Defendant, Matthew Zellers', Interrogatories. 07/24/20 Obtain addresses for serving subpoenas for Plaintiff, Sanford RKD 1.00 Geraci's records to Palm Beach County Sheriff's Office, Partners in Motion Physical Therapy, Premier Dermatology Partners, Quick Family Urgent Care, South Florida ENT Associates, Sterling Emergency Services of Florida, Surgical Associates of Palm Beach County,Take Care Health Systems, UrgentMed, and Walgreens. 07/27/20 Receipt and review of Court's executed Order on Compliance LHR 0.20 with Court's Order Regarding Redaction of Discovery Materials. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 1.90 185.00 351.50 RKD Rebecca K. Davis, Paralegal 4.80 110.00 528.00 Total Professional Services 6.70 $879.50 CURRENT BILL TOTAL AMOUNT DUE $ 879.50 Balance Forward: 2,081.00 Payments &Adjustments: -2,081.00 Total Due: $ 879.50 Page 478 of 1128 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 52985 Bill Date: August 12, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services 879.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 879.50 Balance Forward: 2,081.00 Payments &Adjustments: -2,081.00 Total Due: $ 879.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $879.50 Page 479 of 1128 6.J. CONSENTAGENDA 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Approve minutes from the City Commission budget workshop/special meeting on July 13, 2020 and the City Commission meeting on August 4, 2020. Explanation of Request: The City Commission met on J my 13, 2020 and August 4, 2020 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 07-13-2020 Budget Workshop/Spacial Meeting Minutes D Minutes 08-04-2020 Meeting Minutes Page 480 of 1128 MINUTES OF THE BOYNTON BEACH BUDGET WORKSHOP/SPECIAL MEETING HELD ON MONDAY, JULY 13, 2020, AT 5:00 P.M. AT Police Community Room and via GoToWebinar Online BOYNTON BEACH, FLORIDA PRESENT: Stephen B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor Jim Cherof, City Attorney Woodrow Hay, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner Justin Katz, Commissioner Welcome and call to order Mayor Grant called the workshop to order at 5:00 p.m. John McNally, IT Director, provided an introduction and process as to how to participate in the meeting. Mayor Grant recited the Pledge of Allegiance to the Flag. City Clerk Gibson called the roll. A quorum was present. Mayor Grant welcomed all to the Budget Workshop. He requested a motion to accept the agenda as presented. Motion Vice Mayor Penserga moved to approve the agenda as presented. Commissioner Hay seconded the motion, which passed unanimously. Budget Overview Lori LaVerriere, City Manager, explained that the fiscal year 20/21 is a balanced budget. She recommended the millage rate remain the same as well at the Fire assessment rate. Thanked Tony Davidson, Budget Manager and Mara Frederiksen, Director of Finance for the finalization of the budget. She said the three largest departments have presentations: Police, Fire and Public Works. Mara Frederiksen, Finance Director, presented the fiscal year 20/21 proposed budget. Noted there are two resolutions on the agenda tonight, for the proposed millage rate and Fire assessment rate. Page 481 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Ms. Frederiksen stated the purpose of the budget workshop was to review fiscal year 2020-2021 proposed Operating and Capital Budgets with the Commission. This would also provide an opportunity for comments from the public both online and in-person. Ms. Frederiksen noted the dates of the workshop are July 13-15, 2020. This was to discuss and adopt a proposed millage rate and preliminary Fire assessment rate. The first public budget hearing is scheduled Thursday, September 10, 2020 at 5:30pm to adopt the proposed budget and to adopt the final Fire assessment rate resolutions. She suggested a change to September 8, 2020, which is a CRA meeting. The second public hearing to adopt the final millage rate and final budget is scheduled for Tuesday, September 22, 2020 at 5:30 pm Ms. Frederiksen provided an overview of funds and sources which totaled $226.1 M. Provided a breakdown by department: Water& Sewer Utility fees $52.2M, Property Taxes $41.1 M, Capital Sources (Reserves, Bonds.) $30.2M, Found Transfers $18.5M, Internal Services $16.4M, Solid Waste Fees $11.8M, Public Service Taxes $10.3M, Intergovernmental $9.8M, Charges for Services $8.2M, Special Assessment (Fire) $6.8M, License and Permits $4.5M, Franchise Taxes $4.8M, All others $11.6M. Ms. Frederiksen provided the proposed expenditures of$226.1 M: The General Fund $99.2M, Utility $52.2M, Capital (General and Utility) $30.2M, Solid Waste $11.6M, Debt Service $10.2M, Fleet $9.6M, Self-insurance $6.2M, Golf course $1.8M, All other $5.1 M. The General fund proposed budget $99M, includes personnel services, excludes pension $53.5M, Pension Contribution $18.77M, Operating Expenses $22.57M, Capital Outlay $0.72M, Non-Operating $3.65M. Excludes pension, the operating $3.65M. The General Funds by Departments: Police $33.57M, Fire $25.62M, Public Works $8.48M, General Government $14.46M, Development $3.60M, Recreation $3.68M, Library $2.52M, ITS $2.87M, Finance $1.50M Human Resources $.91 M. The initiatives in the proposed budget is a 2% salary increase for Blue and White Collar General employees at $400,000. Technology Security Administrator, $100,000. Police Department Police Video and Technology Security Administration, $91,000. Crime Scene Technician, $52,840, reclassification off 5 Park Rangers at $97,000 and the parking services division, $226,000. Noted the proposed budget will be updated before the first Public Hearing to reflect changes for revenues and expenditure. Ms. Frederiksen noted the $226,000 is offset by the proposed increase in the parking revenues. Ms. Frederiksen provided a comparison chart to show the 2019/2020 amended and proposed budget for General Funds. Provided a breakdown of major expenditures related to change from prior years. There is an increase of 2.9%. Ms. Frederiksen indicated the city is actually seeing a decrease in the overall electrical costs with the move to the New City Hall of about $133,000. The completion of Town square made an impact and reduction in contractual services and rental cost. -$1.2M, decrease of 1.9M for the lease of the temporary space. Increase of $205,000, ITS department soft maintenance z Page 482 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 contractual server, personnel cost increase, facilities department contractual servicer and personnel services. Ms. Frederiksen provided a breakdown by departments individually. General Fund Funding sources: .9% millage rate, the Ad Valorem Taxes 41.4%. Inter- fund Transfers 18.6%, State and County shared Revenues 9.9%, Charges for services 8.2%, Fire Special Assessment 6.8%, Permits 4.6%, Franchise fees 4.8%, Miscellaneous and Investment Income and Fines 5.6%. There were no fund balance appropriations. Indicated last year the city used an appropriation of $1.3M. The Major Proposed Revenue changes: The Property taxes make up $2.8M, net after the CRA is $2.2M, the parking services increase of $416,000. Experiencing Building permits decrease of $282,000 based on the current estimates. There is a one-time transfer from the hurricane fund of $1.2M for FEMA reimbursement. Water and Sewer increased $581,000. Proposed tax versus the rollback rate: The current proposed rate is 7.9%, the State rollback rate as of July 2020, is 7.49. The current year assessed value per property appraiser for the current proposed tax rate is $6.602,000.72. If the City decided to go to the state rollback rate of 7.49% millage rate, there would be a $1,919,496 deficit in the budget. Clarified the proposed Ad Valorem tax rate of 7.90 is not a rate increase from the current 7.9 mils. The actual tax increase of 5.46% per State of Florida TRIM calculations over the rolled back rate of 7.4911. Citywide property values increase approximately 6.2%. Provided an overview of the General Fund Balance and Emergency Reserve. The City was required to have an Emergency Reserve of 10% of annual expenditures. The estimate of reserve funds would be $9.9M if the budget is passed as presented. The expenditure summary for the General Fund of $99,210,720 saw an increase of $2.7M, the Enterprise funds of Water and Sewer fund increased to $52,005.066 increase of 1.2M, Solid waste increase of $234,287. Golf Course shows a decrease of $393,061. The Internal Services Fund saw a decrease of $4,872. The Warehouse an increase of $79,563. Self-Insurance saw an increase of $152,891. The Special Revenue funds has been reduced to $4.3M. This was due to public art reduction of $690,000. Capital Improvement $6,601,111,720 last year was $6,624,058,213 Questions from the Commission Vice Mayor Penserga inquired about the millage rate impact on residential property. Ms. Frederiksen explained the millage rate impact on a residential property; residential homesteaded properties capped at the 2.3%. If a property has an assessed value of $50,000, the resident would see an annual property increase of about $9. An assessed value of $150,000 would see an annual increase of about $27. Commercial, if you are 3 Page 483 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 looking at $50,000, assessed value their annual property increases at 6.2%, an increase of about $24. Mayor Grant inquired if the millage rate could increase to 7.899. Anthony Davison, Budget Manger replied in the affirmative. Vice Mayor Penserga noticed a discrepancy in the resolution. Lori LaVerriere, City Manager responded $8.2M, this is with the discounts given. Vice Mayor Penserga asked if this was for hardship discounts. Ms. LaVerriere stated this was part of it; additional information would be given to the Commission at a later date. Public Comments: Susan Oyer, 140 SE 27 Way, inquired if the city feels they have enough in reserve. Is there enough money in the budget to purchase 3,000 trees? Positions opened for Parks and Recreation Director salary last year of$104,000 and one for Public Arts Director with a salary of$74,000. Requested paper copies, with the missing slides. She said she hopes one of the cameras will be in Betty Thomas Park. There is a fight club at that park. Informed the Commission the person who threatens to kill everyone on her street is getting out of jail. Tory Orr, 407 NE 17 Avenue, wanted to present some pictures to the library regarding Black Lives Matter. He said there has not been any events going on in the community. There is still a lot of tension in the air. Asked to bring back the police sub-station in the neighborhood; they now have it on the other side of the railroad track. He was under the impression the neighborhood program was for the community to build a bridge with the police department. Indicated without warning, the police department moved the program. He stated he would like to see Commissioner Hay in the District 2 neighborhood. POLICE PRESENTATION Michael Gregory, Police Chief, reviewed a PowerPoint presentation. He said he appreciates the opportunity to review the police department's proposed budget for the upcoming fiscal year. Provided a summary of three primary divisions within the Police Department and the differences from last year to the current year percentage changes. Uniform Services, Office of the Chief, and Support Services The uniformed services division is the lion's share of the overall police department budget. The Office of the Chief also includes the administrative and financial functions. It represents the smallest proportion of the budget. Lastly, you see support services at $12.28 million, which reflects a 2% increase. This includes detective and investigative units, as well as the communications section and training section are included in the support services role. He believes that the, patrol section and the first responder element 4 Page 484 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 of the department is the primary service that the community expects. The Police Uniformed Services Division amended budget for 2019/2020 was $16,354,033; the proposed budget for the 2020/2021 fiscal year is $17,993,977, which is a net increase of 8.05%. This $1.399M increase primarily attributed to the 2020 Collective Bargaining Agreements, including salaries and benefits. In addition, an increase to fleet for vehicle replacements and maintenance, which is 46% of the overall budget. In addition, the Office of the Chief personnel cost is 27% of the operating costs. Chief Gregory provided this fiscal year's successes, challenges and initiatives. Year-to- Date 19% reduction in Part 1 Crime Reduction (compared to 2019). Completion of the New Police Department Headquarters and a successful move. Approval to Implement the Premier One CAD/RMS & Mobile Reporting System. Implementation of an Enterprise- wide Access Control & Security Camera System. Implementation of Command Central Aware Software for the RTCC. Challenges: Replacing Outdated Software and Equipment (Cyber-Security & Operational Performance). Noted people are always trying to breach the police system. Police Response Management during COVID-19. Recruiting Police Officer Candidates. Initiatives for the police department would be: Expansion of Community Policing Programs & Training. Expansion of 21St Century Police Training Curriculum. Integration of the New Real Time Crime Center in Daily Police Operations year-to-date. Will continue the policing program in the neighborhood. Chief Gregory stated he was proud of what was accomplished this year. Commissioner Hay inquired about recruiting new police officers. Are there any changes made to the qualifications in recruitment? Chief Gregory replied absolutely, the city actually started a new process. The City recognized that we were facing challenges with the selection process of new hires and applicants. The City has implemented an online examination for police officers. He believes think in this environment with trying to social distance and be cognizant of COVID-19, with, with being in contact with people, and trying to bring people in, and the limitations that so many people have on traveling. Right now, that is going to be difficult for agencies to stand by. Noted he is in the mindset of looking locally. Staff is trying to build relationships locally, and people who are familiar with the community, people, who may be from our community, even the broader community of South Florida. Because there is not a lot of significant difference between Palm Beach, Broward and Dade County for candidates that have a multicultural background. He believes the city could find candidates that are local. Therefore, the city is looking to focus the resources in South Florida. In addition, staff have looked to harvest homegrown applicants. Vice Mayor Penserga asked what is being done differently in the recruitment process. Asked about the marketing to fill positions. 5 Page 485 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Chief Gregory stated the police academies are closed. COVID-19 has changed how the city advertises its open positions. The Human Resources Department needs to have more online ads; needs to look at retooling in the future. Vice Mayor Penserga asked if the city has the necessary resources. Chief Gregory stated they have the necessary resources. Mayor Grant stated he has been asked if the City of Boynton Beach was thinking about defunding the police department. Would move forward with community policing versus policing the community. Mayor Grant asked for an explanation of community policing. Chief Gregory explained community policing, and community-oriented policing, is a strategy of policing that focuses on building ties and working closely with members of the communities. The main idea is to allow police to feel like the public can trust them. Explained the expectation of the community policing concepts and being flexible enough to transform the organization. Finding new ways to communicate with the community. They began with federal programs. Every police officer should be policing and community policing. The City of Boynton Beach will not defund its police department. Mayor Grant asked how Boynton Beach is dealing with cybercrime. Inquired if there is staff and technology to combat cybercrimes. Chief Gregory stated they have several detectives who are highly trained. They have experts who are involved with teaching best practices; they are on the internet taskforce. They have seen a lot of hacking and ransomware; this would be a Federal crime. Mayor Grant asked how the city creates a career path for community service officers to become police officers. Chief Gregory responded they are with the young adults from high school to police officer, through the explorer program. Last year's budget includes CSO as a career path into the police officers' roles. The city would like to grow our own officers. Commissioner Romelus commended the police department. How do we maintain the mental health of the police officers? Stated we talk about how we help the public, but how can we help our own. She is looking to protect our officers. Lori LaVerriere, City Manager, said she spoke with Chief Gregory regarding a mental health program. Stated she would like to put in a more robust mental health program. The fire department has put together a program. Fire Department Ray Carter, Director of Fire and Emergency Medical Services, noted the fire department has three different budgets: Fire Rescue, Community Standards, and Emergency 6 Page 486 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Management. The largest of the three is the Fire Rescue budget, which is the portion of our department that delivers the emergency response services. Fire Rescue increased 3.9%from last year. Community Standards division which includes Fire, Life Safety and Code Enforcement had an increase of 0.2% this year. The Emergency Management budget, the budget for operating the EOC in times of local declared disasters had a modest increase of about $3000 which represents a 10.5% increase. The Fire Rescue budget total increase was $961,203. Again, the 3.9% increase majority of that was, personnel costs related $794,500 increase. The majority of that were from the collective Bargaining Agreements, insurance costs, and pension costs, which fall under personnel costs. No personnel added in this division. Fire Rescue is fully staffed. Noted there are 135 shift personnel, 12 administrative staff oversee the budget, and administers, to the needs of those shift personnel. The operating part or the operating expenses for the Department increased by $213,000. There was a decrease in capital outlay. The Fire department is moving forward to implementing some improvements in Fire Stations 4 and 5. Staff is finishing the installation of a Vehicle Exhaust Capture System. Chief Carter explained the system captures the exhaust inside the base station and prevents the exhaust from migrating into the living quarters of the Firefighters. This is a safety issue for our personnel who work at our five fire stations. Community Standards, a small personnel cost increase, wage increases, and insurance costs were the majority of the budget. No new personnel in either the Fire Life Safety Division or the Code Enforcement Division, a modest increase in operating expenses across the board. The Emergency Management budget increase is a little over $3000. There is no personnel cost in this budget because the City of Boynton Beach does not have an Emergency Manager. There was an increase in capital expenditures, new laptops with some new communication software. The Fire Department's successes: Completed Fire Station 1, which is occupied and operating. Two units are running out of the completed station. Upgraded the cardiac monitors through a grant from the Federal government. Noted all the cardiac monitors replaced, this year. Expansion of the Turnout Gear Replacement was a success, and it will continue into next year. The Fire and Life Safety Division, Code Enforcement Division, and our EMS Billing Division will have the new software and tweak their methods of operation to help increase revenue collection. Unfortunately, over the last four months there has been a downturn in the ability to collect funds because of COVID-19. Noted the call volume is down because people are worrying about contracting the COVID-19. Another challenge is the timely replacement of vehicles. The vehicles are extremely technology driven and incorporate safety features mandated by federal standards. In the Page 487 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 past, the city could have a firetruck built in about 9 to 12 months. It is now taking between 18-20 months. The Fire Department's initiatives: Staff has initiated a rezoning and remapping of different response zones, especially with the opening of the new Fire Station 1 and the two units running out of there. Upgrading some computer program features with upgraded inventory controls at the stations. Commission Comments Vice Mayor Penserga inquired since Fire Station 1 is completed, are there any plans for the oldest Fire Station 3? This station is in the heart of District 4 on Miner and Congress. Fire Chief Carter responded absolutely, there are plans in motion for the replacement of Fire Station 3. He received a conceptual drawing for that station replacement. The plans are to build on that site to the east of the existing building. The plan is to build the new structure in that location while the existing station continues to operate from the existing building, therefore, there is no need to move units to other stations. They are not taking personnel and response units out of that zone to build a new building. Build a new building at the same time. The old structure taken down and that property used for whatever public purpose the city determines. Noted there may be a plan to incorporate some additional features in the gun range and offices for the Police Department. Vice Mayor Penserga asked about the plan to build on the site east of the existing building. Inquired if this is something scheduled for 2022 or 2023. Lori LaVerriere stated the City would need to find about $5 million. They have a good plan, but some work needs to be done. Commissioner Hay asked if the buildings were constructed to withstand a Category 5 or 6 storm, namely the Police and Fire stations. Lori LaVerriere replied the Fire and Police stations along with the New City Hall is built to withstand a Category 5. Public Works Andrew Mack, Director of Public Works, presented proposed budget for Public Works Administration, Facilities, Streets and Engineering. Administration, Facilities, Parks and Ground, Streets and Engineering The Administration Division: There was a small increase of 3.4%, from $142,249 to $152,182 for proposed fiscal year budget 2020/2021. Facilities had a 13% increase, from $2,167883 to $2,462,782. Streets Division had a 4.1% increase, from $1,250,432 to 8 Page 488 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 $1,301,358. Engineering has 0.4% decrease. Parks and grounds had a 7.9% increase. The cemetery had a 5.8% increase. In addition, the mausoleum had a 5.9% increase. Facilities had a 13% increase. Funding is allocated into the salary accounts to implement a new career path. Another cost increase with this software and maintenance increased to cover implementing changes to the asset management software. This is a new software implemented to maintain all these beautiful new facilities. This will help with capital planning and maintenance on those buildings. Increase to contractual services. The new buildings are coming back online, which just opened an RFQ, which will be coming to the Commission for an award. The Streets Division had an increase in the street lighting budget. This was to cover the new lighting in the Town Square project. Increase in the training line item to cover certifications as part of the career path. Parks and Ground Division increased. Funding allocated in the salary accounts to implement a new career path. The career path promotes from within and trains our staff. Funding for part-time park maintenance employees to full-time. Reduce the contractual services to transition some of the maintenance from outsourced vendors to in-house staff. Funding increased for chemicals and capital equipment to provide in house fertilizer treatment at various locations and parks. Successes: The Engineering Department developed a five-year roadway rehabilitation program using GIS software. Completed 6500 linear feet of asphalt resurfacing. Completed the move to City Hall, the Police Department, and Fire Station from our temporary locations. Implemented an electronic employee action request. Implemented a pilot project with probationary employee evaluation process with Human Resources. This has helped evaluate the probationary employees to make sure they are the right fit for the department individually. Pilot project for electronic payroll and timekeeping. Looking at a process, which would be an enterprise wide program. Implemented the online Customer Request and Report System, or My Civic application. This is live on the city's website. Challenges: Automation of the capital planning process and integrating it with the financial accounting software. Initiatives: Career path for Parks and Ground Division and the Facilities Division. The implementation of the Transcendent Asset Management software. Currently, phase one of which is in the Town Square buildings. Phase two, of assets, buildings, rolled out next fiscal year. Lastly updating the cemetery policy and procedures. 9 Page 489 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 FLEET MANAGEMENT The Fleet Management Division has a 6.3% increase in the operating budget and 9% increase in the Fleet Replacement Fund budget. The salaries, pension, FICA and benefit costs increased due to promotions, an implementation of career path plan in this division and reclassification of a service writer to service writer/ analyst. Funding allocated for computer software and maintenance to implement new fleet management software, "Faster Web Core Product". Funding allocated in building improvements to purchase an electronic key management system. Currently, the Fleet division does not have an electronic system to manage the keys. Informed the commission there are more than 700 assets and managing those keys can be problematic. Increase in Fleet replacement costs due to the replacement cycle. Successes: Completed the comprehensive analysis of fleet operations by outside consultant. Implemented career path and moved employees and transfer them into new positions. Challenges: Outdated fleet management software, competition for labor. Initiatives: Development service level agreements (SLA's) with user departments. Document and update policies and procedures. SOLID WASTE The Solid Waste Fund saw a 2.1% increase, related to salaries, pension, FICA, benefits costs increased due to promotions as part of the career path and filling of vacancies. Dumpster repairs increase, due to the condition of existing steel metal containers. Noted these containers have taken a beating over the years and have outlived their usefulness. Credit card merchant fee increased to over online payment. Transfer to vehicle replacement fund increased due to mechanical failures. Successes: Implementation of a mandatory service charge program and implementation of career path for a Solid Waste Equipment Operator. Challenges: Mechanical breakdown of trucks. Solid Waste operations are in the top five riskiest professions in the U.S. Accident prevention and employee injuries. Initiatives: Commercial and multifamily 95-gallon cart recycling process change (60/40) split rear load garbage truck. This would allow to run the route once instead of twice. Implement a Solid Waste safety and operation manual. PARKING SERVICES This is a new division with proposed expenditures of$260,000. Zo Page 490 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 The proposed revenue for this division, increasing parking fees from $320,000 to $680,000. The City will issue parking citations as well. There is currently no increase for the parking permits, revenue associated with the parking permits. This new division was created in the Public Works division to oversee and manage the automated parking system and enforcement. This would promote efficiency and ease of use for the new parking system to help improve customer service and quality of life. The automated parking meter improvements control operating costs and generate sufficient revenue to support the automated parking system and infrastructure. The parking meter ordinance is being presented at the next scheduled Commission meeting. There would also be a fee schedule in the form of a resolution. The contract has been awarded to Park Mobile. Staff attended a kickoff meeting on June 25th. Weekly meetings with the vendor and expecting a go live date of October 1, 2020. Commissioner Romelus noted she did not see any revenue for the parking meters. Mr. Mack stated the daily parking fees are actually the parking meters fees. Currently there is a paid parking attendant, the daily parking fees are increasing due to the actual automation and collecting of the fees throughout the day. Commissioner Romelus indicated she had a brief conversation with Colin Groff, Assistant City Manager, regarding employees being out due to COVID. Suggested having a pool of employees trained as garbage collectors to handle the work when employees call in. Mr. Mack responded this was a good idea. Noted all Solid Waste employees are not licensed CDL drivers. They could outsource that function. There was a possibility of having retired drivers come back on an as-needed basis. Some staff is out to do injuries as well. Commissioner Romelus wanted to hear some feedback when to explore that and see if that would be a possibility. Mr. Mack replied he would provide the Commission with an update. Commissioner Hay said he received several calls about the maintenance of our gravesite and inquired if there is a budget problem or is the city short of employees. Mr. Mack stated it was a little bit of both. The city has allowed people to put out mementos, monuments, and other items around the gravesites, which definitely slows down the maintenance around the gravesites. One of the initiatives is to update the policies and procedures. Stated he would be coming back to the Commission with an update. He understands this is a tough subject when someone is grieving a lost loved one. However, at the same time, we have to respect the graves of the others. It is a balancing act. Alex Carrion, Cemetery Sexton, has done a tremendous job at this point. Noted there are some capital projects needs there as well. There is new equipment coming in as well. The cemetery has removed some roads. 11 Page 491 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 CAPITAL IMPROVEMENT FUND Andrew Mack indicated the City of Boynton Beach has a penny sales tax, paying for some deferred maintenance over the last 10 years. Currently doing these projects, still looking for future funding to make sure to maintain a robust capital fund as well. Currently, there is $9.38M projected in the 303 funds, which is the penny sales tax fund, which equates to 60 projects. In the 302 funds, which is our general fund CIP capital program, there is 2.8M, which equates to 10 projects. Provided a summary sheet by division. General Government projects for next fiscal year, $1 M. General HVAC $10,000. Roofing repairs $235,000. Parks and Recreation projects $3.3M. Public Safety projects $1.2M and Information Technology projects are $200,000. Transportation Roadway $1.2M. Highlighted projects Boynton Beach Extension. This project is currently budgeted for this fiscal year, a $1.26M budget as combined project with the CRA. That project includes the demolition of landscaping, sidewalks, islands, new additional street parking, new walkway lighting, irrigation and security upgrades. General government repairs $20,000 allocated for painting, $25,000 roof repairs, $3,000 fencing, $15,000 for electrical and $25,000 for Miscellaneous. The Public Works roof replacement, there is $235,000 budget next year for the replacement of the public works Administration Office, the heavy-duty fleet shop in the warehouse building. Congress Avenue Barrier Free projects. There is $150,000 allocated for removal and replacement of existing play surfaces, $60,000 for the replacement and enhancement of the splash pad $20,000 for removal replacement and some ADA enhancements and $60,000 for removal and replacement of existing bio swift. Ezell Hester Center is one of the biggest projects coming up in the next fiscal year. The department has $1.5M, which would roll over two fiscal years, $1.5M in the following fiscal year. The major highlights of that will be new visitor parking next to the football field and overflow parking. Upgraded replacement of the existing football field with turf, irrigation, fencing and goalposts. There is expansion winding of the multi-purpose field to accommodate soccer, flag football, rugby on the field, walkway lighting, and security cameras in the emergency phones. Little League Park, one of the projects for next fiscal year is $175,000 for the replacement of the existing ball field. Mangrove Park Project, this is old park that was on the Diocese land. The City has $500,000 budgeted for removal and salvage of the site improvements that are located on the church property. Oceanfront Park projects has$8000 for the repair and replacement of the ramp. $30,000 for repair to the maintenance repair over the dune. Oyer Park there is $150,000 allocated for the installation of an eight-foot concrete wall along the north property line, $35,000 for the installation of security cameras. The adjacent neighborhood asked for the installation of the new wall and some security. 12 Page 492 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 The Tennis Center project on Congress Avenue needs to be retooled and replaced. The department has funding for that project for $115,000 for next fiscal year. Public safety projects, as Chief Carter mentioned, they have $52,000 for the vehicle exhaust system at Fire Station 2. There is $100,000 for the design of the new fire station on the existing site; this will get the 30% drawings. $400,000 for the completion of the real-time Crime Center. There is $225,000 for upgrading replacement, Police Department network facilities, and $75,000 for upgrade for access control existing facilities. Information Technology projects: As mentioned in the presentation for Public Works, the department has $125,000 in the CIP for an enterprise wide payroll and timekeeping software. This will be all general employees, and then possibly tying it in to the Police, and Fire Department, to automate their payroll into the Finance module. Allocated $65,000 for PC and laptop replacements citywide. Transportation Project: $250,000 for sidewalk repair and replacement, $100,000 for sidewalk and ADA ramp upgrades, $100,000 High Ridge road improvement design. The department has $350,000 for the installation of drainage and road repair on industrial Way. The Engineering Division did a great job in creating a five-year plan; automated the entire plan into GIS. Commissioner Hay asked, is the city looking at increasing the hot spots around the city? Mr. Mack replied yes. The Town Square will have Wi-Fi in the common areas. The City is currently working with Verizon to deploy Wi-Fi Hotspots. Ms. LaVerriere stated the City Library has hotspots free of charge. Stated Craig Clark, Library Director is looking into increasing his inventory of those devices. Mayor Grant asked about the buffer or protected bicycle lanes. Mr. Mack indicated the City does not have any buffered bike lanes. Noted as part of the grant, on Boynton Beach Boulevard they would have designated bike lanes. Mayor Grant heard comments regarding trees and the tree canopy in the city. He inquired if there is funding for trees. Mr. Mack replied, unfortunately, at the time of the budget submittal, the tree canopy was not addressed. Staff is working on possibility freeing up money from somewhere else or adding something at the end of the budget year. Mayor Grant stated he spoke with Community Greening and was informed the reason the City lost the $50,000 grant was the city was not putting in money for the urban canopy. He understands the city has helped a lot with the irrigation, but they need to help more with the trees. Is the city planning to redo the median on Ocean with irrigation? Mr. Mack replied this was a resurfacing project. 13 Page 493 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Mayor Grant inquired about Ocean Drive from Southwest 8 to the Luxury Store All. Is there anything going to be done about that hairpin turn, SW 7t" Street, to make it easier for trucks heading on Ocean Drive? Mr. Mack stated there were some improvements to the round-a-bout. Mayor Grant asked if there was any funding allocated in the future Capital Improvement plan for North East 1St Street. Mr. Mack responded not at this time. Ms. LaVerriere stated staff would like to speak with the CRA about collaborating with the county on that project. Commissioner Hay stated there was $250,000 allocated for sidewalk repairs. Would Sky Lake receive some of that funding? Mr. Mack replied repairs based on criteria where staff evaluate and determine the severity of the issue and then prioritize based on that severity. Parks and Recreation Kacy Young, Recreation and Parks, Assistant Director, stated because of COVID-19 the School District of Palm Beach County would be conducting school virtually in the fall. The City is prepared to provide programs, whether it is virtually or on campus. Reviewing safety protocols with some of the instructors and staff. Ms. LaVerriere stated the city has to wait and see what will happen with the COVID-19. Utilities Joe Paterniti, Utility Director, noted there was a 2.5% budget increase in the proposed budget. The budget for the Utility department is $52,255,066. Fiscal year 20/21, budget revenue projections $51,535,481. The Fund Balance transfer of$689,585. The total revenue is 52,255.066. The Revenue Drivers: Increased reclaimed water customers. Increased storm water revenues. Chilled water sales; the operating budget of $35,632,457, the Remove and Replacement Budget was $8,000,000. Intergovernmental Transfers: $ 8,592,609. The Capital Improvement program of $17,926,613. Successes: Completion of the District Energy Plant. New Interlocal Agreement with Hypoluxo and Service Agreement with Perry Village adding over 700 new customers. Challenges: Effectively managing construction projects. Attracting talented technicians and professionals. 14 Page 494 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Initiatives: Replacing Radio with Cellular SCADA communication system. Expansion of asset management and work order system to Lift Stations Wells and remote Water Storage Facilities. Provided a listing of major capital projects proposed for the upcoming year. Replace West WRP process membranes $3,000,000. Master Lift Station 317 upgrades $1,000,000. Silver wood (NW-Service area) force main $1,400,000. Utility Acquisition Improvements $2,000,000. Water Quality Laboratory $400,0000. Reuse Distribution System expansion $2,000,000. Cost adjustments CPI, previously rates set in 2019 for 1 year. Proposed fiscal 20/21 cost adjustment based on 2020 12-month average inflation indices from the US bureau of Labor Statistics. The Consumer price index is 0.1%, the wages and Salaries is 2.8% the energy is -.2%. These indices are used to adjust associated segments of the utility operating costs and to assess the needed revenue. The utility inputs these indices into the rate mode. They represent the change in value over the past twelve months. The rate model utilizes this value to escalate or decrease the utility operational costs. Based on the fiscal year 20/21 rate setting. The rate adjustments needed to projected utility cost would be 1.6% increase in reclaimed water rates, $0.50 increase in storm water fee. The analysis of the utility is proposing to hold rates level for water, wastewater and chilled water. With the .2 cents per 1,000 gallon rise for reuse and a .50 cent increase to the storm water fee. Mayor Grant asked for a breakdown of those total revenues. Mr. Paternitti replied he does not have it in his presentation. Mr. Paterniti noted that the outside city rates are holding steady. Inside city bills reflect the .50 cent per year increase in the stormwater fee. Explained the typical bill for a single family inside city limits for 3000 gallons is going up less than a dollar. Stated once the proposed utility budget is approved, this would allow staff to publish the proposed rates and to notify customers of the upcoming rate at the first Commission meeting in September. Mayor Grant suggested a volunteer sustainability charge on the water utility bill that customers could opt into. This is something he would like to have researched and possibly enacted for next year. Currently, FPL has shown this works with its Solar Now Program, and that is why Boynton Beach has solar canopies over at Oceanfront Park and Barrier Free park. Water Utility has the Sustainability Coordinator. His goal is twofold: one increasing trees canopy in the City of Boynton Beach, to help with the stormwater maintenance. In addition, the electricity. Colin Groff, Assistant Manager, indicated the city would look at different types of sources. 15 Page 495 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Mayor Grant asked if this was something the Commission wanted to move forward with, giving the customer the ability to donate to sustainability for water utility. There was consensus. Commissioner Hay stated he mentioned he had $3M for replacement of membranes, what is the life span of those membranes? Mr. Patenitti replied typically, it is 10 years. The membranes have been in, about 15 years old; they are at the end of their useful life. Public Comment Daryll Sanders, 2001 NW 2nd Street, stated many items of the budget is for after the crime is committed. There is not a budget for preventive programs. They should have police youth camp before they become criminals. Make the police more friendly if they are growing up to be police officers, like a segway program. A real Neighborhood program where the residents and police interact. Reach the children before they commit a crime. Provide programs before the fact. In addition, require their officers to take a diversity course. There are many people who have attitudes; there should be some type of training especially the mentally ill person. Have some funding for psychological evaluations. Again, focus on prevention instead of after the fact. There is a problem with flooding, he has been complaining for 10 years. All the streets in his area are run down. Need to Beautify Boynton beach. There are no multicultural events in Boynton Beach, he requested to have an event in Boynton Beach and was denied. He paid $3000 to his event in Delray Beach. Tory Orr said he wanted to talk about Juneteenth, how to get it celebrated. How can the City celebrate Juneteenth? Inquired how to have Juneteenth celebrated as a national holiday. Boynton Strong will run it. Asked, why the neighborhood officer program was moved to Federal Highway. The city did not explain why the neighborhood officer program was moving. This was very disrespectful to the residents. Bring the program back to the Carolyn Sims Center. Since the Center closed down, the children do not have any place to go. In addition, there has been a lot of shootings in the area. Noted four children were shot in the past four years in District 2. It was a great idea for the nonprofits to work with the police. Susan Oyer, 140 SE 27th Way, asked if there is going to be a list of projects. Asked what is going to be done with the golf course. Why are we redoing Barrier Free Park? The Park is beautiful. Spending $175,000 at the baseball park. How many people are playing baseball? There are not many kids playing baseball. Her understanding is the money should be used for the cemetery. Take over the little league park. Thanked Mayor Grant for speaking about the tree canopy. Inquired why was the city police department dumbing down the force. Noted when Police Chief Katz was at the City of Boynton Beach, he required advanced degrees. Chief Gregory has regressed and is only requiring credits towards a degree. There is lot of Tag reader money and cameras; she hopes these readers would be placed in areas of concern. Looking at Fire to have staff to come out 16 Page 496 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 nights and weekends. More Code Enforcement/Community Standards personnel. She has complained about trees in the New Town Square. There is a palm that is three feet away from the old high school. Why is the city placing more palm trees instead of canopy? Inquired about multifamily mandatory recycling for rental units. Ramona Young, 101 South Federal Highway, stated there should be a requirement for police officers to live in Boynton Beach. This is good community relations. Mayor Grant closed public comment. Chief Gregory stated there was discussion from one of the speakers regarding a focus on crime prevention as opposed to traditional policing, patrolling, and technology. He agreed with the philosophy. The City of Boynton Beach police department has blended all of those components. Community policing was touched on earlier in the presentation and is a big part of what he believes is a necessary strategy and policing today. He has double down and recommitted to expanding the community policing unit. The partnership includes the explorer program. The students meet weekly with officers, who are mentors to those students. There is also a career path towards a criminal justice career, whether it be police officer or paraprofessional police, staff member, or some other sort of career in law. The officers mentor them, encourage them, and build a relationship with them, so they get to know who we are and who they are on a personal level. In addition, they sponsor a Police Academy each summer. This has been going on for several years. Last year there was a teen summit. Police Chief Gregory met with Dr. Lockhart of Boynton Beach High School, and they are trying to create a program, which talks about hot topics. There is discussion on hot topics that are going on in the news today, and what it is like, as a police officer, encountering folks in the community. Students preparing to get their driver's license and start driving, what the responsibilities of having a driver's license are. What can they expect if they get stopped for a traffic violation? All with the sense that in educating them, as well as building that one-on-one relationship between a police officer. There was some discussion about the benefits of the PAL program. He stated he is not anti-PAL program. He understands there was program in Boynton Beach. This was not the case when he began at the City. Noted what has happened as he understands it was that community, private community groups and 501(3)(c) groups filled that gap. Expressed, one of the captains is a coach on the basketball afterschool program. He works with the students, mentors them, and they are receptive to having a conversation with him. He is a role model, and being present, so they can have a conversation which is not controversial, not adversarial, with police officers. Chief Gregory stated the neighborhood policing program has not changed. the Neighborhood Officer Program, it is not a building. It is a group of officers who go to the students and to the young people in the community and engage. There was an opportunity to have some good office space at a very economical advantage for the 17 Page 497 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 city. But that is not where we look to run the program. This space is shared by Crime Prevention officers. It is a place for the officers to land, make phone calls, do follow ups, take care of those business matters, or do police reports if they need to. But the model of policing does not happen from inside the building. It happens in the community and that is where the officers are. The officers has not been taken them out, not the Carolyn Sims Center or out of neighborhoods or in schools. The schools are closed, the Park closed and the places that we typically meet students are not open. When they are open and it is safe to be around each other again, it would happen. There is no intention of taking the officers out of our neighborhoods, where they are needed. There were comments made about training and making sure officers understand the needs of diversity in the community. Mentioned one of those programs earlier, and as part of our initiatives, which the city is already doing, Fair Impartial Policing program. The interactions with the public, and transparency in interactions, is what the Boynton Beach Police department is about. Allowing people the opportunity to explain their situations, and not just have the officer do all the talking. The officers attend Crisis Intervention Program training program, which is frequently referred to as CIT training. Explained crisis intervention deals with de-escalation crisis. Intervention deals with people who are in the midst of some sort of crisis, whether it be a mental health crisis, a substance abuse crisis. This program helps officers develop the skills and training necessary to navigate the people through challenges when they are in crisis. The officers find a method of de- escalation and getting resources they need. Comments were made about the finding of office going to police from in the recruitment perspectives. and specifically, with testing for psychological challenges that might not make them conducive to be police officers. Indicated this was a state requirement and mandate. When the city hires offices, the applicant is given a psychological testing process to verify the applicant are suitable for police work and that they are not suffering from any sort of detectable mental illness. Chief Gregory responded to the comment regarding lowering the hiring standard by requiring 60 college credits. Stated when he began two years ago, the standard was a high school diploma. Stated this is the standard for the State of Florida as the minimum hiring standards for a police officer. That standard was raised last year, in the city process, to be a 60-college credit requirement. The city of Boynton Beach is raising the standards to make sure they hire the best officers to serve this community. The last comment was about requiring, and mandating officers to live in the City of Boynton Beach. He responded this type of concept is still used in some communities further north, but not popular in South Florida. Indicated some of it relates to property values that may be high in some communities and put an undue burden on officers or their families to try to find a place. Some has to do with officers who have family members and/or children, looking to find their preferred school district, or their preferred type of academic environment for their children. He believes this would be a detriment to getting officers if a mandate was put into place. Zs Page 498 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Attorney Cherof stated mandating officers to live in the community would be a mandatory subject to bargaining when the current contract expires. Commissioner Romelus spoke with some police officers; sometimes it is an issue of privacy. To live in the same area, it maybe awkward. It is worth exploring. In regard to the neighborhood officer program, they would be housed within the Ocean Breeze project. Andrew Mack, Public Works and Solid Waste Director, stated regarding the budget book, it has not been posted online. Noted in the budget book, there is a listing of projects by locations. The projects regarding Barrier Free Park was completed in phases. The original playground apparatus is having problems where there are some parts peeling. Little League park needs fence repairs, as well as the golf course. These are some rollover projects that were not completed in prior years. The Golf course needed a security system, lighting and repaving around the parking lot. Regarding the Palm trees in Town Square, some trees have been relocated. Regarding Multi-family recycling being made mandatory, he stated he loved the idea of making it mandatory. Stated recycling is voluntary. Betty Thomas Park, staff is working on an amendment for this year to add some type of cameras. There was a comment regarding Gateway and Seacrest; explained this was a county road. He is aware it floods. Staff has spoken with the county regarding the flooding. Marketing Department Lori LaVerriere, City Manager, noted she did not have a presentation. Provided detailed information regarding sponsored events. There are four main events being funded. The July 4t" event has a budget of$90,000. There was $25,000 for a Holiday parade, $25,000 funded for the MLK day. She believes there can be something done for Juneteenth. There was $50,000 for the tree lighting. They are not certain the CRA will sponsor this event. Then in the City Commission budget, there is $5,000 for Civic Educational events. Mayor Grant directed staff to contact the religious organization to see if they could help fund this event. As all are aware the churches do not pay property taxes. The churches are the spiritual soul of the city. The City now has the space with the Amphitheatre. He was with David Scott, Economic Director, at a Tourism Meeting, and believed this event could help increase tourism. Eleanor Krusell, Public Communications and Marketing Director, responded as stated by the City Manager, there are three major events that we've been hosting in the past years. July 4t" fireworks is $90,000, but note that this includes the fireworks of $40,000 plus the barge of$25,000. The remaining is about $25,000 that we use for the event site itself, which is the same amount that we have budgeted for the parade and MLK. In addition, as indicated, staff allocated some money into special event account this year. There is $50,000 in the special account, for a Board dinner plus any other events being 19 Page 499 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 discussed. Ms. Krusell agreed with the Mayor regarding having religious institutions involved in the Christmas/Holiday tree decorating, funding. Commissioner Romelus suggested in future years, she would hope that perhaps the city in honor of Juneteenth have a resolution, in addition to planning an event. Mayor Grant agreed and added making it a paid holiday for the city employees. He understood this was another conversation as well. Lori LaVerriere, City Manager, stated staff initially proposed a September 10, 2020 as the first budget public hearing and preliminary fire rate resolution adoption hearing. However, it seems September 8, 2020 would eliminate an additional meeting. This could be accomplished in concert or prior to the CRA meeting on the September 8t", and still meet the fire assessment schedule. If this was agreeable to the commission, the resolution could be amended with the date of September 8, 2020. Mayor Grant stated he was in favor of having the City Commission, before the CRA meeting or shortly thereafter to approve the millage and fire assessment rates. There was a consensus to have the City Commission meeting on September 8, 2020, before the 5:30 pm CRA meeting. Attorney Cherof read Resolution No. R20-066 into the record, adopting a proposed millage rate for general operating budget purposes for fiscal year 2020/2021, stating a rollback rate, setting forth the date time and place of the first public hearing, providing for an effective date. The proposed millage rate is 7.900, and the rollback rate is 7.4911. Noted Section 3 of the resolution would be modified from the one that is in your agenda package to indicate that the hearing would take place on September 8, 2020 at 5:30 PM either in the Commission Chambers or if legally permitted, by Communication Media Technology. Motion Commissioner Romelus moved to approve the amended resolution and date. Seconded by Commissioner Katz, which passed unanimously. Attorney Cherof read Resolution No R20-067 into the record, relating to the provision of Fire Rescue Services Facilities and Programs in the City of Boynton Beach Florida, describing the method of assessing fire rescue assess costs against assess property located within the City of Boynton Beach. Directing the preparation of an assessment role, authorizing a public hearing, and directing the provision of notice thereof, and providing an effective date. zo Page 500 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Noted there would be an amendment to Section 11 of this resolution, indicating that the meeting went beyond September 20, 2020 at 5:30 PM and either in the Commission Chambers if legally permitted, by Communication Media Technology. Motion Commissioner Romelus moved to approve. Seconded by Commissioner Katz, which passed unanimously. Mayor Grant stated he was looking forward to the budget book being posted online. Lori LaVerriere, City Manager stated the budget is being processed to make sure it is ADA compliant. Suggested if anyone wanted a copy, she would email. The ADA compliant document may be an additional 10 days. Commissioner Romelus commented this has been a very shaky year and many other things. In addition, for you to be able to get the budget through, without having to go into any reserves or doing anything that could potentially compromise the city revenue. Allowing our police department to be able to better serve the public. Commended Lori LaVerriere, City Manager, and her staff for their great work. Motions Commissioner Romelus made a motion to adjourn. Commissioner Hay seconded the motion. The motion unanimously passed. The meeting adjourned at 8:23 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay 21 Page 501 of 1128 Budget Workshop/Special Meeting City Commission Boynton Beach, Florida July 13, 2020 Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk zz Page 502 of 1128 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 4, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order Mayor Grant called the meeting to order at 5:30 p.m. Alan Karjalainen, Web Design Coordinator, provided information regarding how to participate in the online meeting. Invocation Commissioner Hay provided the invocation. Pledge of Allegiance to the Flag Commissioner Justin 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 2. Adoption Motion Commissioner Romelus moved to approve the agenda as stated. Vice Mayor Penserga seconded the motion, which unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioner Katz spoke with John Markey from JKM. Commissioner Hay had a wonderful breakfast at City Hall with staff. Page 503 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Commissioner Romelus had no disclosures. Commended the Parks and Recreation staff for collaborating with Loggerhead Marine Center to provide a great program for some young students. Vice Mayor Penserga had nothing to disclose. Mayor Grant noted on July 24, he attended the Business Development Bureau Town Hall. Spoke with Dr. Fennoy of Palm Beach County School District regarding what the city could do to help the children transition back to online school. The Education Foundation will be working with Kathryn Matos, Assistant City Manager, to make sure the students of Boynton Beach have supplies. On July 25th, he attended a Boynton Strong event. July 27th attended the South Central Regional Wastewater Treatment Board meeting. July 28th attended Town Square meeting with the Executive team for the City of Boynton Beach as well at the National League of Cities Early Childhood Municipal Policy Seminar. July 29th attended the Transportation and Disadvantage Local Coordinating Board. Announced August 7th, there will be a backpack Grab and Go at Densen Pool. He also had a conversation with John Markey and Jeff Johnson of JKM. 3. Announcements, Community and Special events and Presentations. A. Proclaim the month of August 2020 as Water Professionals Month. Phil Donovan, State Publicity Chair for the FL Water & Pollution Control Operators Association, will accept the proclamation. Mayor Grant proclaimed the month of August as Water Professionals Month. Phil Donovan, State Publicity Chair for the Florida Water and Pollution Control Operators Association, accepted the proclamation. He thanked the Mayor and City Commission for taking time to speak with the water professionals. They will display the proclamation. B. Early Voting for the August 18, 2020 Primary Election will begin on Monday, August 3, 2020 and will continue through Sunday, August 16, 2020. The Early Voting hours are from 10:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.orqNoters/Early-Voting. Mayor Grant announced early voting in cooperation with the Palm Beach County Supervisor of Elections. The Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. C. On Friday, August 7, from 9am to 4pm, a Health Care District of Palm Beach County mobile bus is coming to the Ezell Hester Center in Boynton Beach to provide free COVID-19 tests for county 2 Page 504 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 residents. No appointment is needed. ID and facial coverings are required. If there are questions, please call 561-642-1000 Mayor Grant announced that the Health Care District of Palm Beach County mobile bus is coming to the Ezell Hester Center in Boynton Beach to provide free COVID-19 tests for county residents. No appointment is needed. ID and facial coverings are required. D. Due to the Presidential Preference Primary, the August 18th City Commission Meeting has been moved to Wednesday, August 19th at 5:30 p.m. Mayor Grant announced that due to the Presidential Preference Primary, the August 18th City Commission Meeting has been moved to Wednesday, August 19th at 5:30 pm. E. Regular Commission Meeting on Tuesday, September 1st, 2020 at 5:30pm (Location TBD) Tuesday, September 8th at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (Location TBD) Regular Commission Meeting on Tuesday, September 15, 2020 at 5:30pm (Location TBD) Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (Location TBD) Mayor Grant announced the Regular Commission Meeting on Tuesday, September 1, 2020 at 5:30pm Tuesday, September 8 at 5:30pm — First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (Location TBD) Regular Commission Meeting on Tuesday, September 15, 2020 at 5:30pm (Location TBD) Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (Location TBD) Mayor Grant stated there would be four Commission meetings in September. Lori LaVerriere, City Manager, replied yes. Noted the TRIM schedule did not work in the City's favor this month and the city is required to have both of the hearings off the regular schedule. 3 Page 505 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 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) Alan Karjalainen, Web Design Coordinator, provided an overview of how to participate. Joan Nelson, 170 SE 26 Avenue, said she wants to be more involved with the community. The roads are falling apart; the gravel is like little rocks. There has been problems with garbage pickup. There are people who go through the trashcans. Many city workers' cars are going through her area. There are several neighbors having commercial businesses on their property. There is a neighbor renting out his garage and the tenants are using the side of the garage as a bathroom. She has called the police regarding parking on the sidewalk and along the street. Stated there was a lack of respect in the community. She has called the police and they do not want to give tickets for the garbage, parking on the street or next to the fire hydrant. She cannot enjoy a peaceful existence. She cited her concerns related to COVID. Mayor Grant thanked Ms. Nelson for coming forward. Stated they are moving forward with the Community Standards Department, if a business is not enforcing wearing a mask as required. Ms. Nelson said she understands there is no law with respect to a small family getting together. Inquired if there are any laws which prohibit 75 or more people getting together in a confined space. Mayor Grant stated the city is going through the parking ordinance; the city is trying to add metered parking. How does the city enforce parking standards in the neighborhood? If you have an unregistered or vehicle, it cannot be parked on the grass. Ms. Nelson stated she has a swale, and understands she is responsible for the upkeep of the swale. Indicated very large trucks and cars park in the swale. Mayor Grant responded the law allows the resident to place blocks in the swales. Susan Oyer, 140 SE 27 Way, thanked Andrew Mack, Adam Temple, and Jamie Lynn who quickly took care of a problem she was having. Asked the Commission to look at the ordinance regarding trees. Ralph Lewis, 1054 Gateway Blvd, spoke on behalf of the Hatt Foundation, which provided turkeys for 10,000 families. Requested a donation to the Hatt Foundation; they were able to feed six families of five people each with the $200 donation made by Mayor Grant. 4 Page 506 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant stated he was willing to help again, and provide some community support funds. Annette Gray, 1500 Gateway Blvd, Suite 220, provided an update on GBDC Entrepreneurship Institute. This summer because of the economic grant, the students were able to take some classes at Ivy League colleges. Joined as a consultant with FAU. Reached out to Boynton Beach, regarding to CBDG grants that are available. Yvonne Savon, 3050 North Federal Highway, Apt. 1405, speaking on behalf of Casa Costa, said there is an issue on the original site plans. There are 395 units, 77 of those units are transit units. Those 77 units classified as hotel/condo. The homes in Casa Costa does not have any type of room service. There needs to be some type of rezoning. Mayor Grant suggested reviewing the association documents. The association documents may need some amendments. Ms. Savon responded the board is in the process of amending the association bylaws. The association attorney suggested requesting the city for a zoning change. Mayor Grant responded this is a question for the City attorney; he does not think rezoning is the answer. He then read questions typed in Questions pane of the GoToWebinar platform. Billy Lee, President of Tuscany, inquired about SE 23 and Federal Highway. Who is paying for the underground Infrastructure that has been going on for several months? Is Taco Bell still going in that location? What are the plans for the property? The property is an eyesore. Mayor Grant read Assistant City Manager Colin Groff's reply, that the City of Boynton Beach is paying for the utility work. Taco Bell has some delays due to some design changes. The utility work is almost complete and the rest of the work should be proceed shortly. Public Audience was closed. 5. Administrative A. Appoint eligible members of the community to serve in vacant positons on City Advisory boards. Mayor Grant announced openings for each Board. Commissioner Katz nominated Jeremiah Young to the Education and Youth Advisory Board (STU NV). Commissioner Romelus seconded the motion, which unanimously passed. 5 Page 507 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 6. Consent Agenda Vice Mayor Penserga pulled item 6-G Mayor Grant pulled item 6-F 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 the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R20-069 - Authorize the Mayor to sign the tri-party interlocal agreement between the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory (BPL) to pre-process DNA samples obtained by Boynton Beach Police Department pursuant to criminal investigations. B. Proposed Resolution No. R20-072 -Authorize the City Manager to sign a new three year agreement with Environmental Systems Research Institute (Esri) for a Small Government Enterprise License Agreement through with a total cost of $157,500 to continue the use of the Esri's ArcGIS geographic information system software platform. C. Proposed Resolution No. R20-073 -Approve and authorize the City Manager to sign the Statement of Work Summary from ERMProtect (Enterprise Risk Management) to purchase and implement Qualys advanced threat detection and patch management software to monitor, detect, remediate and prevent cybersecurity events on our City computer assets. D. Approve an increase to the estimated annual expenditure of the US Communities Contract # R-TC-17006 with Amazon Business in the amount of $25,000, increasing the estimated annual expenditure from $40,000 to $65,000. E. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2020, Unaudited. F. Proposed Resolution No. R20-074 -Approve and authorize the City Manager to sign an agreement with the first ranked firm, ABM Building Solutions, LLC for Town Square / City Facilities Maintenance Services., subject to final approval by the City Attorney, in accordance with the Request for Qualifications (RFQ) No. 009-2511-20/RW. Mayor Grant requested a presentation. 6 Page 508 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Colin Groff, Assistant City Attorney introduced Chad Armstrong of ADM Building Solutions. Chad Armstrong, ADM Building Solutions, said he is proud to serve the City of Boynton Beach with potential job opportunities, recruitment and hiring. The company respects and has appreciation for differences of everyone. Commitment to equal employment opportunity and affirmative action. ADM has a high number of veterans; the company shares in the success our clients. The company has an excellent training program and opportunities to use those skills. There are more than 400 resources available, onboarding and new hire training and tools, skill and department specific leadership development. Safety training daily, moment for safety online and classroom training program, site inspections, OSHA compliant safety program, Local safety subject matter experts and regional safety directors. Mr. Armstrong stated he was excited to become a part of team Boynton. There are some opportunities such as landscape, janitorial, lawn maintenance. We promote growing from within. Mayor Grant stated this was very important to provide a workshop; this is a worldwide company; looking forward to working with him. Vice Mayor Penserga asked about the number of jobs available. Mr. Armstrong stated they are in the process of working with staff to clarify and finalize some of the specific scopes and Statement of Work. Noted he has been looking at a couple of places to have a job fair. Commissioner Romelus wanted to make sure that we are giving back to the local efforts and economy. Motion Vice Mayor Penserga moved to approve. Seconded by Commission Hay, which unanimously passed. G. Proposed Resolution No. R20-075 -Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for DR-4486 COVID-19 between the City of Boynton Beach and State of Florida, Division of Emergency Management. H. Proposed Resolution No. R20-076 -Approve and authorize the Mayor to sign a CORONAVIRUS RELIEF FUND (CRF) SUBRECIPIENT FUNDING AGREEMENT between The CITY OF BOYNTON BEACH ("Subrecipient"), a local government that meets the State Housing Initiatives Partnership ("SHIP") Program eligibility requirements, and the FLORIDA HOUSING FINANCE CORPORATION ("Florida Housing"), a public body corporate and politic duly 7 Page 509 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 created and existing under the laws of the State of Florida, to govern the expenditure of the CRF funds as indicated in the accompanying agreement and subsequently disbursed CRF funds by Florida Housing. Mayor Grant read the proposed Resolution No. R20-076 by title into the record. Vice Mayor Penserga requested clarification on what this means to the city residents, and how to use these funds. Expressed housing is obviously a very big problem, as it relates to evictions and the moratorium delayed. There is uncertainty in the community. Lori LaVerriere, City Manager, stated there is a $263,000 in Cares Act funding that will allow the city to augment the existing programs to go toward affordable housing. Mike Rumpf, Development Director, explained that staff created criteria for allocations. There is an agreement between the City of Boynton Beach and SHIP and the State of Florida program, for distribution of funds. Vice Mayor Penserga asked about the income requirement. What does this mean and 120% of the AM I? Lashea Brooks, Interim Community Improvement Manager, explained AMI is an abbreviation for area median income. This is a statistic by the U.S. Department of Housing and Urban Development (HUD) for purposes of determining the eligibility of applicants for certain federal housing programs. In the United States as a whole, the AMI for a household of four is around $60,000 per year. In Palm Beach County, the AMI is $73,800. There are several applications, working with rental assistance as well as emergency housing, assist with emergency repairs. Applicants which are evicted, can assist them with security deposit, this is including the monthly rent and the association fee. Final program is the homeownership program, then will sent them over to the homeowners loss prevention program. The city currently administers programs with mortgage assistance, rental assistance, homeowner's insurance policy payment, association fee payment and home repairs. Vice Mayor Penserga asked if these funds would be allowed to pay back rents for people who are on the edge of eviction. Ms. Brooks stated the program is designed to pay rents in advance. Vice Mayor Penserga inquired if someone received funding from another source, would the city also provided funding. Ms. Brooks responded the city does not duplicate funding or services. Vice Mayor Penserga asked about the timelines. When would this program begin? Ms. Brooks indicated as soon as the agreement is signed and sent back to Florida Housing, it can began. Indicated she has four files awaiting the agreement signature. Ms. Brooks 8 Page 510 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 provided a telephone number as well as an email address: 561-742-6066 and rooks bbfl.us. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion, which passed unanimously. I. Approve minutes from the City Commission meeting on July 21, 2020. Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 A. Approve the extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for August 4, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." B. Approve an increase to the estimated annual expenditure of Omnia Partners City of Tuscon Contract # 192163 with Grainger Inc. in the amount of $50,000, increasing the estimated annual expenditure from $70,000 to $120,000. C. Approve an increase to the estimated annual expenditure for Water Meters and Equipment with Sensus USA in the amount of $200,000, increasing the estimated annual expenditure from $400,000 to $600,000. D. Proposed Resolution No. R20- 077 -Approve a contract with Globaltech, Inc. for the installation of new emergency power generators of the East Water Treatment Plant (EWTP) and authorize the City Manager to sign the contract. The phase 1 budget for development of the GMP is $142,051.00 Globaltech, Inc. was selected through Request For Qualifications (RFQ) #066-2821- 19/TP and approved by Commission at their June 2nd 2020 meeting. E. Proposed Resolution No. R20-071 -Authorize the City Manager to sign a new five-year contract with CentralSquare Technologies, LLC. with a total cost of $1,169,498.04 to continue the use of the Naviline enterprise resource planning software and maintaining CentralSquare Technologies, LLC. as our applications services provider. Motion 9 Page 511 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Commissioner Katz moved to approve the Consent Agenda for items over $100,000. Commissioner Hay 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. 20-028 - Second Reading -Approve amendments to Part II of the City Code of Ordinances, Chapter 14, Motor Vehicles and Traffic, creating a new Section 14-14, Parking Meters, to add definitions, standards, and fees to regulate parking meters in the City and striking Chapter 16 Section 16-61 and 16-82 removing redundant language. Attorney Cherof read proposed Ordinance No. 20-028 into the record by title on second reading. Mayor Grant suggested an annual pass for the boat ramp of $350. Stated the city has Commercial Fishermen. Attorney Cherof stated the fee could be worked into the fee schedule. Commissioner Katz asked if there would be a different amount for residents versus non- residents. Mayor Grant indicated since Palm Beach County helps fund the boat ramp improvements, this could not be limited to just Boynton Beach residents. Commissioner Hay asked if the $350 was in line with other cities. Mayor Grant stated he does not have those numbers. This could be done one yearly. This would be a pilot program. Commissioner Katz asked how this would affect the revenue, relative to operations. Colin Groff, Assistant City Manager, explained the fees are not listed in the ordinance itself; the fees are listed in the resolution. The city has not looked at that, but thinks it would be a difficult one to calculate because we do not have an exact count. Mayor Grant asked if anyone applied for the annual pass for the boat ramp. Andrew Mack, Director of Public Works, indicated there is an annual boat pass for the Oyer Park. He is not sure if this would affect the revenue. 10 Page 512 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant stated if you are a Commercial Fisherman, and if you fish all day all week, before you could have paid $50 per month. Now the cost is $350. Vice Mayor Penserga supports the annual pass. He requested comparison with other municipalities and other boat ramps. Attorney Cherof stated the fee schedule is in the resolution. Mr. Mack stated they do not need to name it in the ordinance, and they will make the adjustment in the fee schedule. Motion Commissioner Hay moved to approve. Seconded by Vice Mayor Penserga, the motion passed unanimously. Opened to public comment. Susan Oyer, 140 SE 127th Way, inquired if this fee was for boaters. Mr. Mack stated this would be for every space at Oyer Park. The spaces will have meters. Ms. Oyer inquired if families are going to play in the park would they need to pay? Noted her taxes has already paid for the park. She was in agreement with the boaters paying the extra fee. This is wrong for families to have to pay for parking. The boaters are using the facilities; residents are being forced to pay for parking. This is wrong; it is not as if the park is overwhelmed with people. Mayor Grant inquired if the city would charge the Coast Guard for parking, when they have a meeting. Lori LaVerriere, City Manager, stated the Coast Guard should be exempt from paying a fee. The Coast Guard provides a free service to the city. Commissioner Hay stated most of the parking spaces are long. Inquired how many regular parking spaces are regular. Mayor Grant replied someone is saying 10 spaces. Commissioner Hay agreed with Ms. Oyer. She has a valid point. It seems a little unfair to charge the boaters the same as families to use the playground. Mayor Grant stated this would be under the fee structure, trailer versus vehicle. Mr. Mack stated at Oyer Park, there would be an hourly rate. 11 Page 513 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant asked if they are encouraging people to park at Intracoastal Park and walk over. Vice Mayor Penserga inquired about the current rate. Mr. Mack replied currently there is a flat rate for parking. Ramona Young, 101 South Federal Highway, stated it was too much to ask residents to pay for parking at Oyer Park. Public Comment closed. City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance 20-029 - First Reading Approve request for Abandonment of a portion of a ten (10) foot wide Utility Easement (ABAN 20- 008) located at 2735 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD. Applicant: David LaMaster Attorney Cherof read proposed Ordinance No. 20-029 on first reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion, which passed unanimously. Opened to public comment. No one indicating that they wanted to speak, Mayor Grant closed public comment. City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Discussion and direction by City Commission regarding the reinstallation of the mural at Fire Station #1. Kathryn Matos, Assistant City Manager, provided a brief update on the reinstallation of the mural at Fire Station 1. Indicated at the June Arts Commission board meeting, it was discussed and decided to put the originally approved mural up. It was also decided the prudent thing to do would be to have a written consent from the people depicted in the murals. Letters were sent out to those people who were identifiable. As of today, staff received 13 responses, 12 of them are positive. The goal is to do right by the community, right, by the art world, right by the artist, and staff wanted to have a discussion with the Commission on how to move forward. It is staff's recommendation to move forward with reinstalling the mural, as it was originally designed. 12 Page 514 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant asked how many "no" replies were received. Ms. Matos stated there was one person requesting not to be shown. There were about 20 letters not responding. Mayor Grant asked about the 20 not responding. Are we using their likeness without permission? Attorney Cherof stated this was the purpose for sending out the request for consent letters. Whether there is risk associated with identifying, from a legal point of view, they have asked for consent, people have chosen to correspond. Vice Mayor Penserga inquired when the letters were sent out. Also, did everyone receive a copy of the artwork, and was a deadline given when responses were due? Ms. Matos responded there was no deadline given. Provided a return envelope. Vice Mayor Penserga asked what to do, if the city is about to reinstall and a letter is received stating the person no longer wants to have their picture on the mural. Mayor Grant stated an option was not given for a non-consent. Staff needs to resend the letter with a change in language. Commissioner Romelus stated there should be an end date. Commissioner Hay stated they are in no hurry; he wants this done correctly. Give the person proper time to respond. Mayor Grant asked if 30 days was enough to respond. There was a consensus. Lori LaVerriere stated they would work with legal before it is sent out. There was consensus that the Commission will review prior to letters being sent out. 10. Unfinished Business A. Continuation of Commission review of Town Square private development status. Lori LaVerriere, City Manager, wanted to revisit Mr. Markey's request. Mr. Markey requested the following of the City Commission: 1. Instruct city staff to open negotiations with him to pursue bank financing and have the City sign as a co-guarantor. 2. Instruct staff and Michael Simon, the CRA Director, to start a conversation about how TIF financing is provided to fund improvements. 3. Encourage the City Attorney to work with Mr. Markey's attorney in "cleaning up" easements on the existing parcels. 13 Page 515 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Attorney Cherof stated the easement request protects Mr. Markey's interest. Noted Mr. Markey's interest comprise two parking lots, newly paved parking lots on Boynton Beach Boulevard, and east of the Children's Museum. Mr. Markey requested the City of Boynton Beach enter into an agreement that contained a number of provisions in exchange for him allowing us to use that property as temporary parking for City Hall and all the other facilities. Attorney Cherof's concerns was to make sure this space was not for storage of equipment other than vehicles. Confirmed in writing to Mr. Markey's attorney the agreement as well as the format. Mr. Markey needed to obtain consent of the lender, which has an interest in the property. The City was informed Friday, consent of the lender has been received. Therefore, the documents are signature ready. Since he is granting the easement to the city, staff requested that he provide his signature to those documents first. Attorney understanding as of today, Mr. Markey's attorney has advised Attorney Cherof's paralegal that he will obtain the signature. Attorney Cherof noted the only action that is required on those temporary parking easements is the Commission to authorize the Mayor by motion to sign the agreement when the signed agreement is received from Mr. Markey. Note the easements will be released in sequence. Colin Groff stated there are easements for utilities along the property lines that are necessary to finalize the project. There are four easements; there are two for the city and two for JKM. Mayor Grant stated at a previous meeting; if the city was going to cosign anything, the land would be given back to the city. The city is not going to be held liable for the loan, and not own the land. Commissioner Katz asked staff for their recommendation. If the city is guaranteeing the loan which would finance the project? Is there any benefit continuing the relationship if the party cannot fulfill their legal obligation? Inquired if there is a benefit and some continuity. Alternatively, is it better to bifurcate the garages, because they are on a completely different plot, as well as time schedule? If the city were going to back a loan for a garage, he would oppose anything other than the south garage. Requested guidance from staff. Should the city continue with this partnership, which is not producing or would it be better to end the partnership with JKM? Lori LaVerriere requested for clarification about giving the land back. Inquired if the Mayor was speaking about only the parcel, the portion of land on which the garage will sit or the entirety of the parcel, including the residential development piece. Mayor Grant replied it would be all. If the developer defaults, the city would have collateral. Ms. LaVerriere inquired how that would affect the developers' financing. This would be a restructuring of the contract. Asked if this was for the north and south. 14 Page 516 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Mayor Grant stated the first request was not in the original contract. This would be a renegotiation. Vice Mayor Penserga stated there needs to be a renegotiation. Commissioner Hay stated he does not feel comfortable with Mr. Markey. Vice Mayor Penserga inquired when was the last time there was a meeting with Mr. Markey. Ms. LaVerriere stated before COVID. She stated from a co guarantor standpoint, to consider renegotiation of the contract and conveying the land back to the city. She asked about the TIF funds. Mayor Grant replied this was for the CRA Board to discuss. Commissioner Katz stated he wanted to weigh in on the TIF funding now. There was limited opportunity to discuss this funding. Based on the financials he has seen from city staff and how much money has already been invested in this partner to develop properties, just leads him to believe that, he would not under any circumstance support another penny from the CRA because literally millions have been poured in the infrastructure. The city gave the land. Plan B is to support failure, to be able to deliver on a contract is not give more money to the party that failed to deliver and he cannot support that for any reason. Commissioner Hay stated there was a list of requirements that needed to be satisfied. The developer needs to do what has been agreed. He was not ready to spend additional funds on this developer. Mayor Grant stated any TIF dollars would be after the completion of the project. This is money, which comes after the certificate of occupancy. The city hopefully would have workforce housing, subsidized housing on the property and create affordable housing. Reaching out to the community, there should be more parking spaces. If they were not offering anything more, then he would agree with Commissioner Katz and Commissioner Hay. Commissioner Hay stated this is why the Commission has directed the City Manager and the Assistant City Manager to renegotiate with JKM. Mayor Grant stated the city and the CRA are two different entities. Commissioner Katz stated it was his understanding relative to any proposal for affordable housing on this property, for TIF funding, if the party in question defaults and is incapable of performing and the contract is broken; this site would automatically be subject to the affordable housing ordinance, which would mandate affordable housing by whoever took 15 Page 517 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 over the project. Whereas the current project was codified prior to the ordinance. Inquired will it be mandatory that any other parties, who take over and develop this property, build affordable housing, if a similar residential structure moved forward? Attorney Cherof replied the answer was yes. Mayor Grant asked if the work-housing ordinance is mandatory. Attorney Cherof stated the ordinance as drafted would apply to someone new coming in. It does not apply to JKM, because they came in before the ordinance was in place Mayor Grant stated it is voluntary workforce housing versus mandatory workforce housing. Unless someone wants to have workforce housing, the City is not going to require it. It is not a mandatory work force housing ordinance. Even though it would apply, if they ask for additional height or density. Commissioner Katz stated except for the fact that the city under this scenario would own the land and could mandate anyone who took on the project to adhere to that component of the ordinance. Attorney Cherof stated that is correct. Commissioner Katz stated his point is, he is not inclined to pay somebody for anything the city could get free under the alternative scenario. Commissioner Romelus expressed the easiest thing to accomplish is to get those easements. This is a good faith effort, to show there is a partnership, and to get those easements signed. She would make sure there is a discussion to figure out what is going to happen. JKM made a promise that has not been delivered. There is a timeline, in her opinion; she does not see good faith effort. The city needs to move forward; if that means getting another partner she was in agreement with that as well. Commissioner Hay asked about a reverter clause. Attorney Cherof stated there is an option agreement with JKM obtaining financing on the property. Commissioner Katz requested all future meetings between city staff and JKM would have minutes taken. He would like to know what was said in any future meeting. There was a consensus. Attorney Cherof requested clarifications. There are written agreements, which require JKM and Mr. Markey to fulfill certain responsibilities to build the project out. The Commission is directing the City Manager, City Attorney and Colin Groff to return to the 16 Page 518 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 table to renegotiate. The first step would be for JKM to review the documents and come back with a proposal, which clarifies how the documents are modified, if they intend to go forward with the entire project. If they intend not to move forward with the entire project, whatever he drafts as a proposal should be contained in the document. Attorney Cherof stated it would not serve any purpose to go to the table without a proposal. Attorney Cherof stated he was in agreement with Commissioner Romelus regarding the easements. The first step should be to take care of the issue with the easements. Mr. Markey's attorney said his client was prepared to sign off on the easements. Once this is done, the team can consult with the Commission. There was consensus. Vice Mayor Pensega asked for a timeline to get this done. Attorney Cherof stated the best people to establish the timeline is the Commission. Noted he would work with Lori LaVerriere, City Manager, and Colin Groff, Assistant City Manager, to work with JKM. Commissioner Katz requested to bring the information to the first meeting in September. If one party has indicated, they are having struggles and may be incapable fulfilling the contract. It should be their responsibility to dig a way out of this. The City did not create this issue. There was consensus for the first meeting in September. 11. New Business- None 12. Legal A. Proposed Resolution No. R20-078 - Approve the Parking Division fee schedule associated with the installation of automated parking technology which includes parking rates, permits, valet, violations, and penalties Mayor Grant read the proposed Resolution No. R20-078. Andrew Mack, Public Works and Solid Works Director, provided a recap of the discussion of Resolution No. R20-078. Informed the Commission there were 330 boat permits issued for Oyer Park boat ramp. Mr. Mack provided a comparison of other municipalities. Boca Raton charges $60 for Palm Beach County residents. There is a charge for non-residents of $480. Lake Worth Beach charges $50 for Florida residents and $150 for commercial and non-Florida residents. There was a consensus at a previous Commission meeting, to adjust the proposed residents parking pass. The pass would remain at $50. Similarity the senior parking permit, and in the future would include veterans, and disabled persons. 17 Page 519 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 This fiscal year amended revenue for daily parking rates is $300,000, and parking permits is $170,000. Proposed for next fiscal year, $680,000 for daily parking, $50,000 for parking citations. Commission directed Mr. Mack to seethe impact if the rates were lowered. Mr. Mack stated it would be about a 21% reduction in the daily parking fees, which equates to about $142,000. The resolution could be amended to include the boat-parking permit. He will get this corrected before publishing. Informed the Commission the City of Lake Worth Beach has a commercial permit rate of $150. He believes this was a fair amount. Commissioner Hay asked how many spaces are at the City of Lake Worth Beach. Mr. Mack stated he does not have that number. Colin Groff, Assistant City Manager, stated there are two questions regarding the ordinance. The passes for boat parking, this would be easy to add into the resolution. The other thing the Commission may want to consider right now, Commercial Fishermen during the weekday. Mr. Groff stated if the city added a pass, staff recommends having the pass for the weekday only. The weekend is extremely busy. Commercial Fishermen are usually during the weekday. The 10 parking spaces in Oyer Park would be labeled for cars only, and would be free. Indicated on the weekend, there would be a charge for the spaces. If parked in a boat space, there would be a fee. Mayor Grant stated in addition, staff would work with the local Coast Guard auxiliary to give an exemption to their members as well. Motion Commissioner Romelus moved to approve Resolution No. R20-078 as amended for 10 free parking spaces for vehicles without trailers. Commissioner Hay seconded the motion, which passed unanimously. Motion Commissioner Romelus moved to approve a Boat parking pass of $350 annually, in addition, staff would work with the local Coast Guard auxiliary to give an exemption. Seconded by Commissioner Hay, the motion passed unanimously. B. Proposed Resolution No. R20-079 - Authorize the City Commission to increase the amount collected for fees that are charged to the City by the Palm Beach County Clerk of Courts when a civil citation issued. Mayor Grant read proposed Resolution No R20-079 by title only into the record. Attorney Cherof explained there is money waiting for the city to ask for it. 18 Page 520 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Motion Commissioner Romelus moved to approve Resolution No. R20-079. Commissioner Hay seconded the motion, which passed unanimously. C. Proposed Ordinance 20-030 - First Reading - Adoption of ordinance allowing for virtual city commission meetings by communication media technology. Attorney Cherof read proposed Ordinance No. 20-030 on first reading into the record by title only. Attorney Cherof noted the clock is running on how much longer the city is permitted under the Governor's emergency orders to conduct virtual meetings. The last emergency order that the Governor issued created quite a conflict for local government. The order stated the city could have the September budget hearings by use of technology to conduct those meetings, but did not extend the drop-dead date for regular City Commission meetings, which would be August 31. The city expect the Governor's Office to fix that inconsistency between now and the September 1St meeting. The Governor's office has not been communicating with local government very much about the implications of these emergency ordinances. This is the methodology of decision in the hands of the City Commission, under the city's home rule powers: Declaration of Emergency authorization of virtual meetings, in September for regular City Commission meetings, if necessary. If the fix is addressed by the Governor before a second reading of this ordinance. The city would not need a second reading. This was an opportunity to make sure that the city was not cut off for the September 1 st, meeting to conduct its regular City Commission meetings virtually. Motion Commissioner Romelus moved to approve Ordinance No. 20-030 on first reading. Commissioner Hay seconded the motion. Opened to public comment. With no one asking to speak, public comment was closed. City Clerk Gibson called the roll; the vote was 5-0. Mayor Grant requested to add some internship programs and a presentation on internships, to see how it can be expanded at the City Hall Library and Civic Center. He would like to work with the city staff and do a career fair. Give an opportunity for the young adults in the community. Commissioner Romelus agreed. 19 Page 521 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Commissioner Katz asked if the request to have city staff to conduct interviews of random students. Mayor Grant replied, he was asking the Marketing Department to interview city staff to educate the community to explain how they advanced their career with the City of Boynton Beach. It is like a career day; they see a professional coming in. Vice Mayor Penserga stated he agreed. Commissioner Romelus stated the Marketing Department is inundated with work. Suggested working with a nonprofit to conduct the interviews and videos. Commissioner Hay stated they have career days in schools. Commissioner Katz stated there are still career days through the school system. Mayor Grant stated they would not go to school this semester. This is not only for students and young adults, but for businesses as well. Commissioner Katz suggested asking the City Manager to identify who would be the most appropriate persons interviewed. Mayor Grant with Facebook Live, Chief Carter, they have the equipment, we could reach out to other nonprofits. Vice Mayor Penserga spoke about municipal Wi-Fi. He has discovered that this is actually part of the school district's plan to build some infrastructure. He would like to invite Erica Whitfield or some other staff person from their technology division to provide a presentation. Commissioner Romelus informed the Commission she had a conversation with the Education Foundation in regards to the conversation last Commission meeting, in terms of what can we as a municipality can do to help our school district and our local schools within our municipality boundaries. The Education Foundation wants to partner with the City of Boynton Beach. 13. Future Agenda Items A. Mayor Grant requested staff present information about our CDBG/SHIP housing assistance programs -August 19, 2020. B. Provide update on potential sale of the Nichol's property to Pulte Homes —August 19, 2020 14. Adjournment 20 Page 522 of 1128 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 4, 2020 Motion There being no further business to discuss, Commissioner Katz moved to adjourn. The motion was seconded by Commissioner Hay, which unanimously passed. The meeting adjourned at 9:00 p.m. Alan Karjalainen, Web Design Coordinator, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at www. oynton each.Or . This concludes tonight's meeting. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 21 Page 523 of 1128 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Approve the employee group insurance plan renewals and recommended employer subsidies for FY20-21 and authorize City Manager to sign any required documents. Explanation of Request: In 2018, RFP No. 25-1610-18/IT awarded group medical, dental, and vision insurance to United Healthcare with the option for renewal. The Gehring Group, our Benefits Consultant, was able to negotiate the following: • Medical - 12.5% negotiated increase (original increase was 21.0%) • Dental - 4.0% negotiated increase (original increase was 13.3%) • Vision - 0% increase How will this affect city programs or services? Dental &Vision Staff is recommending to accept the vision renewal (no increase) and to accept the negotiated increase for dental and pass on the increase to employees with dependent coverage. Medical Staff is recommending accepting the negotiated renewal and continuing to provide premium adjustments and subsidies for plan year 2020/2021: Employee & Spouse (41 subscribers) $90.41 monthly premium reduction adjustment $3,707/monthly [$44,482 annualized] Employee & Child(ren) (40 subscribers) $ 73.65 monthly premium reduction adjustment $125.00 monthly subsidy for children $7,946/monthly [$95,352 annualized] Family (32 subscribers) $268.94 monthly premium reduction adjustment $125.00 monthly subsidy for children $12,606/monthly [$151,272 annualized] Medical Costs Monthly Employer Employee Billing Rate Monthly Monthly Contribution Cost Employee $ 684.34 $ 684.34 $ - E E + Sp $ 1,407.63 $ 774.75 $ 632.88 Page 524 of 1128 EE + Ch $ 1,273.56 $ 882.99 $ 390.57 Family $ 1,835.87 $ 1,078.28 $ 757.59 Fiscal Impact: Budgeted The increased fiscal impact for FY20/21 is anticipated to be $757,057 to cover increase in premiums and $108,000 for additional child subsidies, which totals $865,057. The costs associated with increases have been included in each department's proposed budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum UHC Renewal Letter Page 525 of 1128 o United ealthea e 3100 SW 145'Avenue Miramar, FL 33331 June 15,2020 Julie Oldbury, Director of Human Resources and Risk Management City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Julie: UHC is pleased to offer the following renewal package to the City of Boynton Beach effective 10/1/2020 through 9/30/2021. Medical Benefits: Choice Plus HSA Plan AHM7 Mod/RX Plan 125-HSA Mod $2500/$5000 deductible; 100% coinsurance; $5,000/$6,550 out of pocket maximum Renewal Includes: $50,000 Wellness Budget, $30,000 Technology Budget, $2 month/account HSA Banking Fee Employee $ 684.34 Employee+ Spouse $1,407.63 Employee+ Child(ren) $1,273.56 Family $1,835.87 Dental PPO Benefits: Employee $36.37 Family $101.74 Vision Benefits: Employee $4.27 Family $13.01 Please acknowledge your acceptance of the renewal rates by signing below and returning to our office. Sincerely, Lcuwa,Clime, Laura Chase Strategic Account Executive 954-378-0552 Page 526 of 1128 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-083-Authorize the City Manager to sign the proposal for the purchase of 2 Diesel Generators from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum of $687,644.00 through the national Sourcewell Contract#120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Explanation of Request: The East Water Treatment Plant (EWTP) is currently operating with a rental generator following the failure of the main unit. The regulations regarding the type of generator in use have been tightened for users with the curtailment rate from FPL. The FPL curtailment rate provides for cheaper power but requires that only Tier 4 Final ultra low emission generators are to be used when on curtailment. The benefit to FPL is the ability to shed large users during periods of exceptionally high electrical demand. Tier 4 generators use special technology to reduce emissions of small particulates, oxides of nitrogen (NOX) and oxides of sulfur (SOX). There is limited availability of generator units of the size we need and they are very expensive. Based on an evaluation of the associated costs, utility has decided to procure two separate generator units. the first is a 625KW, Tier 4 generator which will be used for curtailment periods, a second 1250KW Tier 2 generator will also be purchased to provide backup power for use during regular testing and unscheduled power interruptions. The two units together will be able to power the EWTP at full capacity. With the two generators staff will the redundant backup power needed to perform necessary routine maintenance, such as oil and filter changes during periods of extended power outage. These generators are to be housed in a soundproof and wind resistant aluminum enclosure rated to 181 mph. How will this affect city programs or services? The generators will be installed by Globaltech, Inc., through a progressive design build contract, that was previously awarded following a RFQ process. Globaltech, Inc., will design and construct the ancillary power generation systems at the northeast end of the site, adjacent to the main electrical systems. The system will greatly improve the reliability of the EWTP while also providing for much lower emission levels compared to both the rental until and the prior unit. Fiscal Impact: Budgeted Funds are available in the following CIP 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: Strategic Plan Application: Climate Action: Yes Page 527 of 1128 Climate Action Discussion: The utility is one of the larger users of both electricity and fuel within the city. The generators have been selected on the basis of greater fuel efficiency and better emission levels. Both efforts will greatly improve the environment. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving purchase of 2 Generators for East Water Treatment Plant D Quotes TAW Quote D Addendum Source II RFP D Addendum Acceptance and Award to Kohler D Addendum Kohler Contract Page 528 of 1128 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN 5 THE PROPOSAL FOR THE PURCHASE OF 2 DIESEL 6 GENERATORS FROM TAW POWER SYSTEMS, INC. OF 7 POMPANO BEACH, FL, A KOHLER GENERATOR SYSTEMS 8 DISTRIBUTOR, FOR THE SUM OF $687,644.00 9 THROUGH THE NATIONAL SOURCEWELL CONTRACT 10 #120617-KOH; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the East Water Treatment Plant(EWTP) is currently operating with a rental 13 generator following the failure of the main unit; and 14 WHEREAS, the City is a Member of Sourcewell, a service cooperative created by the 15 Minnesota legislature as a local unit of government which makes cooperative purchasing contracts 16 available to Members as an alternative to direct solicitation of bids and proposals; and 17 WHEREAS, City staff has confirmed that Sourcewell's procurement process meets or 18 exceeds the City of Boynton Beach's competitive bid requirements; and 19 WHEREAS, upon recommendation of staff, it is the City's desire to utilize the 20 Sourcewell's contract with Kohler Co. NJPA Contract#120617-KOH; and 21 WHEREAS, TAW Power Systems, Inc., of Pompano Beach, Florida, is a Kohler 22 Generator Systems Distributor and Kohler's pricing available to Sourcewell Members reflects a 23 significant discount from list prices; and 24 WHEREAS, the City Commission finds this action necessary to the public's safety to 25 authorize the City Manager to sign the proposal for the purchase of 2 Diesel Generators from 26 TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for 27 the sum of $687,644.00 through the national Sourcewell Contract 4120617-KOH. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Sourcewell -TAW Power (EWTP 2 Gen) - Reso.Docx Page 529 of 1128 30 Section 1. The foregoing"Whereas" clauses are hereby ratified and confirmed as being true 31 and correct and are hereby made a specific part of this Resolution upon adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby authorizes 33 the City Manager to sign the proposal for the purchase of 2 Diesel Generators from TAW Power 34 Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum 35 of $687,644.00 through the national Sourcewell Contract 4120617-KOH. A copy of the proposal 36 is attached hereto as Exhibit"A". 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this day of August, 2020. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 Mayor— Steven B. Grant 42 43 Vice Mayor— Ty Penserga 44 45 Commissioner—Justin Katz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner— Christina L. Romelus 50 51 VOTE 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 S:\CA\RESO\Agreements\Sourcewell -TAW Power (EWTP 2 Gen) - Reso.Docx Page 530 of 1128 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 FLORIDA Date: 07/27/2020 Offer No: GP2002 0105 To: Boynton Beach WTP East Contact: Tim Grady Attn: Michael Low Contact Cell #: 954-668-7247 Project: KOHLER SOURCEWELL One New KOHLER Model KD1250, EPA Certified Diesel Generator Set 12500kw , @ 0.8 PF, 60 Hz, 3 Phase, UL 2200, 277/480 volt three phase CONTROLLER: List Price Factory $594,266.00 DEC603 NJPA Member Discount 35% Controller meets NFPA 110 NJPA Member Price City of, FI.$530,275.00 COOLING: Freight TO SITE (others unload) : $25,895,00 Unit Mounted Radiator Block Heater 208 Volt, 12000Watt Initial Start Up and Check Out of System ENCLOSURE: $6,786.00.00 less 5% discount, $6,455.00 Sound/Aluminum 181 MPH Wind Load Rated 625KW STANDBY TIER 4 CK750VM-T4 in Sound Critical Silencer Attenuated Aluminum enclosure with 600 gallon Basic Electrical Package subbase tank and DPF tank 17 hr at full load FUEL SYSTEM: Net Price: $261,000.00 Less 5% Distributor Flexible Fuel Lines Discount $248,575.00 Fuel Water Separator 48 hour at 75% load FDEP approved tank Freight TO SITE (others unload) : $15,555.00 GENERATOR ACCESSORIES (Electrical): Line Circuit Breaker: Initial Start Up and Check Out of System 3 Pole,100 %, Electronic LSI 2000amp $4.080.00 less 5% discount, $3,835.00 ENGINE ELECTRICAL ACCESSORIES: Battery Rack and Cables "rotal Net both units: $687,544.00 Starting Battery, Lead Acid Battery Charger: 10 Amp CONTROLLER ACCESSORIES LOOSE: Remote Emergency Stop, Break Glass Remote Annunciator Panel SUPPLIED BY OTHERS ADDITIONAL ACCESSORIESIWARRANTY: Off-loading @ Job Site Certified Factory Test @ 0.8 P.F. Installation of System 1 Maintenance Manuals Supply of Fuel Vibration Isolators: internal Fuel & Electrical Piping 5 Year Standby Warranty All Infrared, 3rd Party and NETA Testing by Others **TAW will require City of Boynton Beach to inspect KOHLER Co. stationary standard Industrial Generator Set Equipment prior to offloading and notify TAW of any Extended FIVE YEAR Standby Warranty or two thousand issues with Equipment (2000) limited warranty, no warranty fee required. Page 531 of 1128 ESTIMATED LEAD TIME: 11-12 weeks after release of order. This estimated lead time is subject to change daily due to TERMS &CONDITIONS ACKNOWLEDGED: availability. SALES TAX NOT INCLUDED. INITIAL Regards, TAW Power Systems, Inc. Tim Grady Senior Sales Engineer OFFER VALID FOR 30 DAYS FROM THIS OFFER DATE (LISTED ABOVE). EXCEPTIONS/CLARIFICATIONS/NOTES: Delivery, start up, and load testing 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. OFFER BASED UPON: All terms,conditions prices and specification of NJPA Contract# 120617-KOH as awarded to Kohler Power System with direct distribution through local dealer shall apply. The following TAW Standard Terms and Conditions as attached to the sales offer apply as approved by both parties with the acceptance of the City of Boca Raton Purchase Order". 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 Page 532 of 1128 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 533 of 1128 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 534 of 1128 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 535 of 1128 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 536 of 1128 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 537 of 1128 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 538 of 1128 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 539 of 1128 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 540 of 1128 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 541 of 1128 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 542 of 1128 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 543Of1128 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 544 of 1128 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 545 of 1128 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 546 of 1128 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 547 of 1128 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 548 of 1128 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 549 of 1128 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 550 of 1128 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 551 of 1128 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 552 of 1128 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 553 of 1128 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 554 of 1128 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 555 of 1128 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 556 of 1128 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 557 of 1128 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 558 of 1128 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 559 of 1128 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 560 of 1128 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 561 of 1128 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 562 of 1128 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 563 of 1128 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 564 of 1128 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 565 of 1128 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 566 of 1128 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 567 of 1128 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 568 of 1128 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 569 of 1128 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 570 of 1128 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 571 of 1128 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 572 of 1128 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 573 of 1128 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 574 of 1128 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 575 of 1128 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 576 of 1128 } 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$1.5 million coverage X X Copy of all RFP Addendums issued by NJ PA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms. X All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered priorto deadline to: NJPA, 202 12th St NE, Staples, MN 56479 45 Page 577 of 1128 I I 7 i$' , 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 578 of 1128 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 579 of 1128 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 580 of 1128 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 581 of 1128 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 582 of 1128 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 583 of 1128 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 584 of 1128 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 598 of 1128 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 599 of 1128 �® *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 600 of 1128 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 601 of 1128 �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 602 of 1128 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 603 of 1128 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 604 of 1128 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 605 of 1128 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 606 of 1128 -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 -4000ate ip 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 607 of 1128 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 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 Page 608 W 1128 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 ; ensds7L�,%, 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"x h"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 , 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 609 W 1128 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 KAkVs 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,cl od Service is provided irti-althisxibuun-Y Wrgow'; =iecs arc 1)picall; 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. Kohh,cr tv,,q-;ortse: 111case,see Q16cal agreements Bum ow Kabler bass riburors: 1ass jyj Kqh1q, frorn Hie Wwr 11 distrMuhrrs "M he can ho,, Page 610 W 1128 b. What are recommended service intervals? 10,44a reNymna Anm& Somi-arsumi or quaned 'au""" ret"ononwodn'l iqpon' arra­crhic"al lraaiRraat. ud"Ih,., "'rr)pficadcwr. rel=q of Me kwal-WMa, mQ orregm "naherArav meaw see jacai service irrkka Sc( "hdo "Idd %%HI %aq, sH,,.d4fl I nnachinc," to m'aclihn�'% 1" : " ;3""iJa,'e 26) Describe your rental agreements and pricing schedule. K'tdOer 1"V Na 11 pan of rhe QVIor InINsod but ccedd he Q±nvi Num K',dder dtnibotort'^ an Sourced (kwd t Vert N VACI hanN. 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Wdler ranponsw INcych; inu,are navy te"oddered in Ow Gingow; Po"a Q man holAwn 11"s' (sor4s,:'r°SISWMS WV Q P&H) QgWy JVd1&AJ k6Mler NEC Anti cle 70C)and 710�, F,"cr EPA nust n M on[,, to bvtck­tsp.z" rch"flrfle iailita' and tlher".11'61%' cqleratejusi' ',I iars ker1.r "a cwqm du sr big suather owas like huaicancs. Ra-rratka, kc shwrnr, ',s,il,,J firQs, floodinv.,, etc, Kq can .arra;mle b,:cek ow nnxc duling an exrendal Miq otoage. plus igi to HH;hoins per)car for mawnws ren, ,Ma Eek orles e ITNUMILKSIS N 30-50>Cars at tshich th"t, Orc� stv%"d tio 1%, replacco ar, rs:pah'P-nls hucamu TI&A to Iviscure. lAw cumomors milh lkhne Nuk Shming.(AY(Oncoahn or Intemuplible Rate prigrarn& diewl wK nud to he EPA, V aw 113 back calculmims aw rareti wu­ac-;,i%cand flwrekmv MU Carlin Ow vie" a.. "I r -cs"ud� i�,,ummdb the kwgesi c(of cusnpinnent 0 a Mud, Qs Owl am %ml URFEN, ",,Ve can pn"ide I valcukitions tqxrn 5peciT., ss 11.... ...... Signature: ...... Date, Page 611 of 1128 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-084-Approve an Interlocal Agreement with Palm Beach County for required water main adjustments and associated utility work for the intersection improvements at Gateway Boulevard and High Ridge Road. The total construction amount for the City's portion is $164,131.81, which includes 20% contingency. Explanation of Request: Palm Beach County Project No. 2015511 for Gateway Boulevard and High Ridge Road consists of widening High Ridge Road to provide a right turn lane, a through lane, and dual left turn lanes northbound, and a right turn lane, a through lane, and triple left turn lanes southbound. Gateway Boulevard will be restriped to provide a second eastbound and westbound left turn lane. The existing traffic signal will be replaced. Two existing City-owned water mains need to be relocated to accommodate the proposed drainage facilities. Palm Beach County has received bids for the project, and Hardrives of Delray, Inc. is the lowest responsive, responsible bidder. The contract for the total amount of$1,297,399.00 is anticipated to be awarded by the Board of County Commissioners on September 1, 2020. The I nterlocal Agreement specifies reimbursement by the City in the amount of$164,131.81, including 20% contingency, for the water main adjustments and associated utility work in accordance with the County's Bid Tabulation and cost summary. The reimbursement amount will be based upon actual contract costs using contract unit prices and actual constructed quantities measured by the County with concurrence by the City. How will this affect city programs or services? The I nterlocal Agreement provides a process for the County to manage the construction project and for the County's contractor to relocate the existing City water mains as required during construction as part of the overall project. The City will inspect the water main adjustments to ensure the work is done in accordance with City standards. Fiscal Impact: Budgeted Funding for the reimbursement amount of$164,131.81 is available in the Utilities C I P account#403-5000-533-65.02 W TR054. Alternatives: Do not approve the I nterlocal Agreement. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 612 of 1128 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving ILA with PBC for Gateway and High Ridge Water Main improvements D Letter PBC Cover Letter D Agreement I nterlocal Agreement D Exhibit E)diibitA D Exhibit ExIiibit B D Drawings PBC Drawings D Drawings Watermain relocations highlighted Page 613 of 1128 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND PALM BEACH COUNTY FOR REQUIRED 6 WATER MAIN ADJUSTMENTS AND ASSOCIATED UTILITY WORK 7 FOR THE INTERSECTION IMPROVEMENTS AT GATEWAY 8 BOULEVARD AND HIGH RIDGE ROAD. THE TOTAL 9 CONSTRUCTION AMOUNT FOR THE CITY'S PORTION IS$164,131.81, 10 WHICH INCLUDES 20% CONTINGENCY; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, Palm Beach County Project No. 2015511 for Gateway Boulevard and High 14 Ridge Road consists of widening High Ridge Road to provide a right turn lane, a through lane, and 15 dual left turn lanes northbound, and a right turn lane, a through lane, and triple left turn lanes 16 southbound, restriping of Gateway Boulevard to provide a second eastbound and westbound left 17 turn lane,traffic signal will be replacement while two existing City-owned water mains need to be 18 relocated to accommodate the proposed drainage facilities; and 19 WHEREAS, Palm Beach County has received bids for the project, and Hardrives of 20 Delray, Inc. is the lowest responsive, responsible bidder for the total amount of$1,297,399.00 21 which is anticipated to be awarded by the Board of County Commissioners on September 1, 2020; 22 and 23 WHEREAS,the Interlocal Agreement specifies reimbursement by the City in the amount 24 of$164,131.81, including 20% contingency, for the water main adjustments and associated utility 25 work in accordance with the County's Bid Tabulation and cost summary which reimbursement 26 amount will be based upon actual contract costs using contract unit prices and actual constructed 27 quantities measured by the County with concurrence by the City; and 28 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 29 recommendation of staff, deems it to be in the best interests of the City residents to approve and 30 authorize the Mayor to sign an Interlocal Agreement with Palm Beach County for required water 31 main adjustments and associated utility work for the intersection improvements at Gateway Boulevard and S:ACA\RESO\Agreements\ILA With PBC Water Main Improvements(Gateway And High Ridge)-Reso.Docx Page 614 of 1128 32 High Ridge Road. The total construction amount for the City's portion is $164,131.81,which includes 20% 33 contingency. 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 35 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 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 39 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 40 Beach and Palm Beach County for required water main adjustments and associated utility work for the 41 intersection improvements at Gateway Boulevard and High Ridge Road. The total construction amount for 42 the City's portion is$164,131.81,which includes 20%contingency. A copy of the Interlocal Agreement 43 is attached hereto as Exhibit"A". 44 Section 3. That this Resolution shall become effective immediately upon passage. 45 PASSED AND ADOPTED this day of August, 2020. 46 CITY OF BOYNTON BEACH, FLORIDA 47 48 YES NO 49 Mayor— Steven B. Grant 50 51 Vice Mayor— Ty Penserga 52 53 Commissioner—Justin Katz 54 55 Commissioner—Woodrow L. Hay 56 57 Commissioner—Christina L. Romelus 58 59 VOTE 60 ATTEST: 61 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 68 (Corporate Seal) S:ACA\RESO\Agreements\ILA With PBC Water Main Improvements(Gateway And High Ridge)-Reso.Docx Page 615 of 1128 PEC E 0 Jul 8 2020 Y , Mr.Christopher Roschek,P.E.,Engineering Division Manager City of Boynton Beach Utilities Department of Engineering 124 E.Woolbright Rd. and Public works Boynton Beach,FL 33435 P.O.Box 21229 West Palm Beach,FL 33416-1229 RE: Joint Project Participation/Funding Agreement in Construction of (561)684-4000 Gateway Blvd.and High Ridge Rd. Palm Beach County Project No.2015511 FAX:(561)684-4050 www.pbcgov.com Dear Mr.Roschek: Enclosed herewith are three original joint project participation/funding agreements j for your utility work in the amount of$164,131.81 (including 20% contingency) on the referenced project. Hardrives of Delray, Inc. was the lowest responsive, responsible bidder. The contract for the amount of$1,297,399.00 is anticipated to Palm Beam county be awarded by the Board of County Commissioners on September 1,2020. Board of County Commissioners Please review and request the Village's authorized personnel sign the agreements Dave Kerner,Mayor and return all three originals to our office for processing. Robert S.Weinroth,Vice Mayor If you have any questions regarding this matter, please feel free to contact this office. Hal R.Valeche Gregg K.Weiss Sincerely, Mary Lou Berger Melissa McKinlay Morton L.Rose, .E.,Director Mack Bernard Roadway Production Division Palm Beach County Engineering&Public Works 6P— MLR: L : SR: County Administrator Enclosure:Original Agreement(3 Copies)Exhibit"A"&'413" Verdenia C.Baker pc: Tanya N.McConnell,P.E.,Deputy County Engineer Mark Tomlinson,Director,Construction Coordination Division Alice Kovalainen,Fiscal Manager,Administrative Services Division ec: David L.Young,P.E.,Special Project Manager-Roadway Production Division Will Carey,P.E.,Project Manager-Roadway Production Division Liz Herman,Assistant County Attorney File:Project#2015511 i F:\ROADWAY\UTILITY COORDINATION\2015511_High Ridge at Gateway\City of BB Cover Ltr.doc I "An Equal Opportunity Affirmative Action Employer" printed on sustainable g� and recycled paper Page 616 of 1128 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA AND CITY OF BOYNTON BEACH FOR JOINT PARTICIPATION AND PROJECT FUNDING FOR CONSTRUCTION OF UTILITY ADJUSTMENTS FOR GATEWAY BOULEVARD AND HIGH RIDGE ROAD PALM BEACH COUNTY PROJECT NO. 2015511 THIS Interlocal Agreement, (AGREEMENT), for intersection improvements to Gateway Boulevard and High Ridge Road (PROJECT), is made as of the _ day of , 2020, by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners (COUNTY) and the City of Boynton Beach, a municipal corporation existing under the laws of Florida, (hereinafter"CITY', each one constituting a public agency defined in Part I of Chapter 163, Florida Statutes (individually Party and collectively Parties). WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, thereby providing services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS,, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the CITY has requested the COUNTY to construct water main and associated appurtenance adjustments to the CITY'S system (UTILITY WORK) within the limits of the PROJECT; and WHEREAS, the COUNTY and the CITY desire to jointly participate in the UTILITY WORK ; and WHEREAS, both COUNTY and CITY declare that it is in the public interest that the UTILITY WORK be constructed with the PROJECT; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the Parties agree as follows: Section 1. Recitals. The above recitals are true and correct and are incorporated herein. Page 617 of 1128 CITY OF BOYNTON BEACH UTILITY CONSTRUCTION AGREEMENT Section 2. COUNTY Responsibilities: A. COUNTY shall provide construction and administrative services to the PROJECT as more specifically described in the Bid Documents for Palm Beach County Project No. 2015511. Said Bid Documents include the UTILITY WORK as shown in CITY prepared Utility Matrix, Applicable Technical Specifications, Standard Construction Details, and Approved Product List. B. COUNTY shall obtain written approval from the CITY in advance of any change orders, including any costs associated with the CITY'S failure to approve change orders in a timely manner, which increase the cost attributable to the UTILITY WORK to an amount greater than the contract amount as stated in Section 3A below. CITY'S Approval shall not be unreasonably withheld. C. COUNTY shall secure all necessary easements and permits required for PROJECT. D. COUNTY shall publicly bid, administer, construct and inspect the PROJECT and UTILITY WORK in accordance with the Bid Documents and Exhibit"A". E. COUNTY shall require the contractor to provide a Public Construction Bond in an amount equal to the contractor's bid for the PROJECT and the UTILITY WORK. Section 3. CITY'S Responsibilities: A. CITY shall reimburse COUNTY a total estimated cost including 20% contingency of One red Six Four Thousand One Hundred ,Thi Lbi One QQ11prs gnd Xjghbt_One Cents_L$1§4,131.811, provided COUNTY performs pursuant to the terms and conditions of this Agreement for all UTILITY WORK in accordance with the Bid Tabulation (Exhibit "A') and cost summary (Exhibit"BD. Any cost exceeding this amount attributable to CITY'S Utility Items shall be paid by the CITY. B. Costs shall be based upon actual contract costs using contract unit prices and actual constructed quantities, said quantities being measured by the COUNTY with concurrence by the CITY. C. Upon completion of the PROJECT and the UTILITY WORK, the CITY shall repair and maintain the UTILITY WORK, at CITY'S expense. Section 4. Payments/Invoicing and Reimbursement: The COUNTY will invoice the CITY on a periodic basis during construction of the PROJECT and the UTILITY WORK. The CITY agrees to provide to COUNTY payment for documented costs for the UTILITY WORK in the amount established in Section 3.A. COUNTY shall submit all invoices to the CITY identifying the UTILITY WORK, including COUNTY'S total expenditure for the PROJECT, and identifying the amount attributable to the UTILITY WORK under Exhibit "A". COUNTY shall supply any further documentation such as copies of paid receipts, canceled checks, invoices and other documents deemed necessary by the CITY within seven (7) calendar days of request by the CITY. Invoices received from COUNTY will be reviewed and approved by the CITY to ensure that expenditures have been made in conformity with this AGREEMENT. 2 Page 618 of 1128 CITY OF BOYNTON BEACH UTILITY CONSTRUCTION AGREEMENT Upon COUNTYS submission of acceptable documents needed to substantiate its costs for the UTILITY WORK, CITY will provide said payment to COUNTY on a reimbursement basis within thirty (30) days of receipt of all required documents. In no event shall the CITY provide advance payment to the COUNTY. The PROJECT and the UTILITY WORK will be administered by the COUNTY. Only those costs incurred by the COUNTY relating to the UTILITY WORK are eligible for reimbursement by the CITY pursuant tote terms and conditions hereof. In the event the COUNTY ceases or suspends the PROJECT or the UTILITY WORK foray reason, the CITY will reimburse the COUNTY for the UTILITY WORK completed as of the date the COUNTY suspends the UTILITY ® Any remaining unpaid portion of this AGREEMENT shall be retained by the CITY and the CITY shall have no further obligation to honor reimbursement requests submitted by the COUNTY. Section 5. Access and Audits: COUNTY and CITY shall maintain adequate records to justify all charges, expenses and costs incurred in performing the PROJECT and the UTILITY WORK for at least five (5) years after completion or termination of this AGREEMENT. Each Party shall have access to such books, records, and documents as required in this section forte purpose of inspection or audit during normal business hours, at the other Parties place of business. In the event any work is subcontracted by COUNTY, COUNTY shall similarly require each contractor and subcontractor to maintain and allow access to such records for audit purposes. Section 6. Independent Contractor. COUNTY and the CITY are and shall be, in the performance of all work, services and activities under this AGREEMENT Independent Contractor's and not employees, agents or servants of the other Party. All COUNTY employees engaged in the work or services performed pursuant to this AGREEMENT shall at all times, and in all places, be subject to COUNTY'S sole direction, supervision, and control. All CITY employees engaged in the work or services performed pursuant to this AGREEMENT shall at all times, and in all places, be subject to CITYS sole direction, supervision, and control. The Parties all exercise control over the means and manner in which it and its employees perform the work, and in all respects the Parties relationship and the relationship of its employees to the other Party shall be that of an Independent Contractor and not asemployees oragents of the other® Neither COUNTY nor the CITY have the power or authority to bind the other in any promise, agreement or representation. Section 7. Personnel: COUNTY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this AGREEMENT. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereinunder shall be performed by COUNTY ori contractor, and personnel engaged in performing the services shall be fully qualified and, if required, authorized 3 Page 619 of 1128 CITY OF BOYNTON BEACH UTILITY CONSTRUCTION AGREEMENT or permitted under state and local law to perform such services. All of COUNTYS personnel, contractors and all subcontractors while on COUNTY premises will conduct themselves in an acceptable manner and follow acceptable safety and security procedures. Section 8. Indemnification: The CITY and COUNTY recognize their liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limits provided in Section 768.28, Florida Statutes. To the extent permitted by law, the CITY and COUNTY shall indemnify, defend and hold the other harmless against any actions, claims and damages arising out of their own negligence in connection with the PROJECT and the LMLITY WORK and the use of the funds provided under this AGREEMENT. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute an agreement by the CITY or COUNTY to indemnify each other for sole negligence, or willful or intentional acts of the other. The foregoing indemnification shall survive termination of this AGREEMENT. No provision of this AGREEMENT is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this AGREEMENT, including but not limited to any citizen ore loyees of the COUNTY and/or CITY. Section 9. AnnuLl Appropriatlow. All provisions of this AGREEMENT calling for the expenditure of ad valorem tax one by either the COUNTY or the CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their respective obligations pursuant to the AGREEMENT, this AGREEMENT may be terminated. However, once the PROJECT and the UTILITY WORK have been awarded to the contractor, it shall be prosecuted to completion and this AGREEMENT shall be binding upon the Parties and neither Party shall have the right to terminate the subject AGREEMENT for the reason that sufficient funds are not available. Section 10, Breach and OpDortunitv to Cure: The Parties expressly covenant and agree that in the event either Party is in default of its obligations under this AGREEMENT, each Party shall have thirty (30) days written notice before exercising any of its rights, Section 11. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this AGREEMENT shall be borne by the respective Parties. Section 12, Notice: All notices required to be given under this AGREEMENT shall be in writing, and deemed sufficient to each Party when sent by United States Mail, postage prepaid, to the following: 4 Page 620 of 1128 CITY OF BOYNTON BEACH UTILITY CONSTRUCTION AGREEMENT All notice to the CITY shall be sent to: Christopher Roschek, P.E., Engineering Division Manager City of Boynton each Utilities 124 East Woolbright Rd. Boynton each, FL 33435 All notice to the COUNTY shall be sent to: Morton L. Rose, P.E., Director Roadway Production Division Palm each County Engineering & Public or P.O. Box 21229 West Palm each, Fl- 33416-1229 Section 13. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith, Section 14. Remedies: This AGREEMENT shall be governed by the laws of the State of Florida. Any legal action necessary to enforce this AGREEMENT will be held in a court of competent jurisdiction located in Palm each County, Florida, 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 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. Section 15. No aiver® Any waiver by either Party of its rights with respect to a default under this AGREEMENT, or with respect to any other matters arising in connection with this AGREEMENT, shall not be deemed a waiver with respect to any subsequent default or other matter. The failure of either Party to enforce strict performance by the other Party of any of the provisions of this AGREEMENT or to exercise any rights under this AGREEMENT shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provisions or rights in that or any other instance. Section 16. Joint Preparation: The preparation of this AGREEMENT has been a joint effort of the Parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the Parties than the other. 5 Page 621 of 1128 CITY OF BOYNTON BEACH UTILITY CONSTRUCTION AGREEMENT Section 17, Non-Discri m i nation: COUNTY and CITY agree that both Parties shall not conduct business with nor appropriate any funds for any organization or entity that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity or expression, disability, or genetic information. COUNTY will ensure that all contracts let for the PROJECT and the UTILITY WORK pursuant to the terms of this AGREEMENT will contain a similar non-discri rn i nation clause. Section 18. Execution: This AGREEMENT may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 19® ELling. A copy of this AGREEMENT shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. Section 20. Termination: This AGREEMENT may be terminated by either Party upon sixty (60) days prior written notice to the other Party, except as otherwise addressed in this T® However, once the PROJECT and the UTILITY WORK has commenced, it shall be prosecuted to completion and this AGREEMENT shall be binding upon the Parties and neither Party shall have the right to terminate the subject AGREEMENT, Section 21, Compliance with Codes and Laws: COUNTY and CITY shall abide by all applicable federal, state and local laws, orders, rules and regulations when performing under this AGREEMENT, COUNTY and CITY further agree to include this provision in all subcontracts issued as a result of this AGREEMENT. Section 22. Office of the Inspector General. Palm each County has established the Office of the Inspector General, in Palm each County code section 2-421-2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and audit, investigate, monitor, and inspect the activities of the contractor, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. All contractors and parties doing business with the County and receiving County funds shall fully cooperate with the Inspector General including receiving access to records relating to Bid or any resulting contract. 6 Page 622 of 1128 CITY OF BOYNTON BEACH UTILITY CONSTRUCTION AGREEMENT Section 23. Public Entity Crime Certification: As provided in F.S. 287.132-133, by entering into this AGREEMENT or performing any work in furtherance hereof, COUNTY shall have its contractors certify 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 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). Section 24. Severability: If any term or provision of this AGREEMENT, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this AGREEMENT, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this AGREEMENT shall be deemed valid and enforceable to the extent permitted by law. Section 25. Entirety of Agreement: COUNTY and CITY agree that this AGREEMENT sets forth the entire AGREEMENT between the Parties, and there are no promises or understandings other than those stated herein. Section 26. Survival: The obligations, rights, and remedies of the Parties hereunder, which by their nature survive the termination of this AGREEMENT or the completion of the PROJECT and UTILITY WORK, shall survive such termination or PROJECT or UTILITY WORK completion and inure to the benefit of the Parties. Section 27. Term: The term of this AGREEMENT shall be effective on the date of execution of this AGREEMENT by both Parties. 7 Page 623 of 1128 CITY OF BO ON BEACH UTELITY CONSTRUCTION AGREEMENT IN WITNESS WHEREOF, the undersigned Parities have executed this AGREEMENT on the day and year first written above. CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA, BY; .,._. . Steven B. Grant, Mayor Tanya N. McConnell, P.E., Deputy County Engineer ATTEST: APPROVED AS TO TERMS AND CONDITIONS Crystal Gibson, CITY CLE By .� Morton Rose, P.E., Director Roadway Production Division BY: ..__. � (DATE) APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY BY: _. _ �__..�_.._. BY: 1 4,116*ta 8 11e1-hror _ City Attorney Assistant County Attorney F:\ROADWAY\UTILITY COORDINATION\2015511_High Ridge at Gateway\City of BB Utility Construction An reement.doc 8 Page 624 of 1128 P �W 8 -1 8 c I 4R A s 5i ria 19 9 419 Z 1� .6, "i 6 IT. - — - - - - - - - - - - - - - - - cs 0 m gi: N bm I M - - --- - - - - of - - - ms - - - — - —I :r, esr vs cis as lz� IR R 1� C` n n yr 00 w TiW 0 iri 1.1iol.Ipor0 10 mjo�� Iq U� 0 �'a m Oi Vq 1.0 9 9 8 120. ul Ao �p 4 14 'et R R p M W W:a LD (3) 0) G 71u it ry gig PiR piv 4 6 1 c ^i I U. 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PROJECT NUMBER: 2015511 CONTRACTOR: Hardrives of Delray, Inc. ITEM QUANTITY[UNITS UNIT PRICE AMOUNT City of Boynton Beach Utility Items 53 10" WM Removal &Disposal 260.00 LF $46.07 $11,978.20 54 10" DIP WM 260.00 LF $77.40 $20,124.00 55 10" -22.5-45 Degree Bend 6.00 EA $630.80 $3,784.80 56 Megalug Joint Restraint (10") 17.00 EA $255.90 $4,350.30 57 10" Line Stopping 2.00 EA $13,046.00 $26,092.00 58 16" WM Removal & Disposal 180.00 LF $66.55 $11,979.00 59 16" - DIP WM 180.00 LF $136.37 $24,546.60 60 16" -22.5-45 Degree Bend 4.00 EA $1,119.42 $4,477.68 61 Megalug Joint Restraint (16 11.00 EA $505.22 $5,557.42 62 16" Line Stopping 1.00 EA $20,377.50 $20,377.50 63 Tie Rods (Secondary Joint Restraints) (See TSP) 1.00 LS $3,509.01 $3,509.01 City of Boynton Beach Utility total $136,776.51 City of Boynton Beach Grand Total Plus 20% Contingency $1644131.81 FAROADWAY\UTILITY COORDINATION\201551 I_High Ridge at Gatewaffity of BB Exhibit B.doc Page 632 of 1128 DZOZ/9Z/b �"'1�I,7!+/aH\Aann,n Nri i\[15i!(IZ\a6�iN 1I61H p- ...... 1alllj ll"""J" o;-""r1 1""1'1al',J\Z N a ro soW _ C C a v Qac a pzwo� - ma ¢¢¢ v�� F- c ¢w❑�-�- _ �o - " c W d _ _ ��a waWww p OmW o wg C Q ao Q am` o a¢z� W a2 � my v"�� oma � Q Qopzo L93N zea _ o z�` "' � ����� CWIx p z t z Q` _ as W zQo�� W ��pwo w ❑ w - � oa¢ �3 0 W W � zsti o O °-Os N - 1-u cs W M o ^ O + K N a c O R { I)- O u) W �y 21 P4 T4 x QTY• h pl o-A �?fidCL • � � � � pq cn pq � C W M W W z M M M O L m ¢ z U 0 N zCD w aMm ti W o ti ti p ¢� 0 w wCL L m LL Z. 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CONSENT BIDS AND PURCHASES OVER$100,000 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-085-Approve utilizing the Polk County bid for utilities construction services (BVP#14-156) with Killebrew, Inc. of Lakeland , FL and authorize the city manager or designee to issue a purchase order for work that includes directional boring a 8" pre-chlorinated potable water main to connect to existing water distribution system in Half Moon Bay (Hypoluxo), plus a second connection to an existing watermain on Hypoluxo Road, in the amount of $260,597.55 plus a 10% contingency of$26,059.75 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$286,657.30. Explanation of Request: Effective September 1, 2020, the Utility will begin providing water services to the Town of Hypoluxo according to the terms of the Interlocal Agreement. approved by commission by Resolution R18-147 on October 2, 2018. In order to serve the community of Half Moon Bay, the utility will need to construct an 8-inch diameter water main. To minimize disturbance to this community, the utility recommends utilizing the horizontal directional drilling method to install a new 8" pre-chlorinated water main. The watermain, shown on the attached design plan, will connect to the existing main on Federal Highway and extend to the existing Half Moon Bay community water distribution system. The second connection will be constructed utilizing conventional methods along Hypoluxo road to connect the utility's 8-inch diameter watermain to the existing 6- inch diameter watermain currently serving Hypoluxo. The work outlined in the Half Moon Bay Budget will be completed using the unit prices from the Polk County Bid and includes (but not limited to) the following: . Task 1 — Horizontal directional drilling (360 linear ft. of 8 inch water main) . Task 2 — Connection to existing water main . Task 3 — Maintenance of Traffic • Task 4 — Site and Pavement Restoration Killebrew, Inc. will furnish all labor, materials, equipment, incidentals and appurtenances to complete the scope of work as outlined in the purchase order. How will this affect city programs or services? The approval of this piggyback contract will allow City staff to issue a purchase order, based on the unit costs provided by the Polk County contract for utilities construction services bid (BVP#14-156) with Killebrew Inc., to perform this potable pipeline installment project. The water main installation will provide a connection to provide water and fire flow water to over 500 residences of the Town of Hypoluxo. Fiscal Impact: Budgeted Budgeted. Budgeted CI P Renewal and Replacement Account number: 404-5000-533-65.01 W T 2006 Page 665 of 1128 Alternatives: • Issuing a bid for these services, which may increase cost of items previously bid. In this case, the City benefits from bid pricing secured by a governmental agency offering a larger scope of work. • Using conventional excavation would disrupt traffic on Federal Highway and would extend the construction duration resulting in increased expense to the City. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving utilizing Folk County Fid for Resolution pricing for Killebrew Utilies Construction for Half Moon Fay Task Order Half Moon Fay Budget Drawings Design/ permit plans Drawings Conceptual Flans Piggy-Back Folk County Contract Page 666 of 1128 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVE UTILIZING THE POLK COUNTY BID FOR 5 UTILITIES CONSTRUCTION SERVICES (BVP #14-156) WITH 6 KILLEBREW,INC.OF LAKELAND,FL AND AUTHORIZE THE CITY 7 MANAGER OR DESIGNEE TO ISSUE A PURCHASE ORDER IN THE 8 AMOUNT OF $260,597.55 PLUS A 10% CONTINGENCY OF $26,059.75 9 IF NEEDED FOR STAFF APPROVAL OF CHANGE ORDERS FOR 10 UNFORESEEN CONDITIONS FOR A TOTAL EXPENDITURE OF 11 $286,657.30; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, effective September 1, 2020, the Utility Department will begin providing 15 water services to the Town of Hypoluxo according to the terms of the Interlocal Agreement which 16 was approved by the City Commission by Resolution R18-147 on October 2, 2018; and 17 WHEREAS, in order to serve the community of Half Moon Bay, the utility department 18 will need to construct an 8-inch diameter water main; and 19 WHEREAS, Killebrew, Inc., will furnish all labor, materials, equipment, incidentals and 20 appurtenances to complete the scope of work as outlined in the purchase order using the unit prices 21 from the Polk County Bid; and 22 WHEREAS, the City Commission finds it is in the best interest of the citizens and 23 residents to utilize the Polk County bid for utilities construction services (BVP 414-156)with Killebrew, 24 Inc. of Lakeland , FL and authorize the city manager or designee to issue a purchase order for work that 25 includes directional boring a 8"pre-chlorinated potable water main to connect to existing water distribution 26 system in Half Moon Bay(Hypoluxo),plus a second connection to an existing watermain on Hypoluxo Road, 27 in the amount of$260,597.55 plus a 10%contingency of$26,059.75 if needed for staff approval of change 28 orders for unforeseen conditions for a total expenditure of$286,657.30. S:ACA\RESO\Agreements\Killebrew Utilities Construction(Half Moon Bay)-Reso.docx Page 667 of 1128 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 30 CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing"Whereas" clauses are hereby ratified and confirmed as being 32 true and correct and are hereby made a specific part of this Resolution upon adoption. 33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves 34 utilizing the Polk County bid for utilities construction services (BVP 414-156) with Killebrew, Inc. of 35 Lakeland, FL and authorize the city manager or designee to issue a purchase order for work that includes 36 directional boring a 8"pre-chlorinated potable water main to connect to existing water distribution system in 37 Half Moon Bay(Hypoluxo),plus a second connection to an existing watermain on Hypoluxo Road, in the 38 amount of$260,597.55 plus a 10%contingency of$26,059.75 if needed for staff approval of change orders 39 for unforeseen conditions for a total expenditure of$286,657.30. 40 Section 3. That this Resolution shall become effective immediately. 41 PASSED AND ADOPTED this day of August, 2020 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 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 Crystal Gibson, MMC 59 City Clerk 60 61 (Corporate Seal) S:ACA\RESO\Agreements\Killebrew Utilities Construction(Half Moon Bay)-Reso.docx Page 668 of 1128 W O O O O O O O O O O O O O O O O O U C1 O O O O O O O O O O O O O O O O O C 'L O O O O O O O O O O O O O O O O O Q, O O O O In In O �' �' O LO LO O LO .- O O N 'IT 'IT 'IT fl- N 0) LO LO 0) fl- fl- O fl- 00 N O NK3 K3 K3 E!? K3 K3 K3 K3 (fl (fl �- Ef3 M � -a fA K3 K3 K3 K3 K3 K3 N = — d Y x w O O O O O O O O O O O O O O O O O 'L O cn cn O cn O O O O O O O O O O O cn IL o 0 o c-i cli o 0 0 0 o LO LO o o LO o }, O K3 K3 613 613 In In Cl) CO In V' V' O In V' Cl) 613 N 613 613 613 613 613 613 613 .- N 613 613 _ r- f!? K3 O N O N pp N w (n (n p U U U U (n (n w w w o O r � C � O O 0 0 LO 00 00 00 00 O O O Cl) 00 O O (D L O O O O .- .- .- .- LO LO �- �- � CD = O a0 a0 N � �- �- O Qu N O D N (0 Z = a v O R C = L O U N O cn= N U cn V p Q N N N G! 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W N v` 4 ( '40 �'" -'4 z i $i"InTo k 7 i s tY��4 iY'x y k Ism "ARM - y" 4, ,fib a r7a } _gar oye$ k�� ` r's iZ s ?� N� f , q :f a E s Mow,� s� t 41 e� n h ) �k { F P":MLrj 3 s r t�7 00 N i t .v i t � � u hl I 1 1 � I � � 19-031 MASTER AGREEMENT FOR UTILITIES CONSTRUCTION SERVICES THIS AGREEMENT (the"Agreement")is entered into as of the Effective Date(defined in Section 1, below) by and between Polk County (the "County"), a political subdivision of the State of Florida,situated at 330 W. Church Street,Bartow,Florida,33830, and Killebrew,Inc(the "Contractor"), a Florida corporation, located at 2830 Winter Lake Road, Lakeland, Florida 33803 and whose Federal Employer Identification Number is 59-2952542. WHEREAS,the Contractor has considerable expertise in water,wastewater and reclaimed water construction services; and, WHEREAS, the County desires to retain the services of the Contractor to provide construction services for planned and emergency projects for Polk County Utilities Division; and WHEREAS,the Contractor is able and agreeable to providing the County the construction services and represents that it is competent, qualified, capable and prepared to do so according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the County and the Contractor hereby agree, as follows: 1.0 Effective Date; Term 1.1 This Agreement shall take effect on August 1, 2019(the"Effective Date"). 1.2 The term of this Agreement shall be for a five (5) year time period, commencing upon the Effective Date and remaining in force and effect thereafter, unless sooner otherwise terminated as provided herein. 2.0 Services To Be Performed By Contractor 2.1 The County does hereby retain the Contractor to furnish those services and to perform those tasks (collectively,the "Services")further described in (i)the County's Request for Proposal RFP 19-299, to include all attachments and addenda, and (ii) the Contractor's responsive proposal thereto (collectively, (i) and (ii) are "RFP 19-299"), all of which are incorporated into this Agreement by this reference, attached as a composite Exhibit"A"and made a part of this Agreement. For purposes of this Agreement,a"Project"shall be defined as Services required by the County and performed by the Contractor,whether planned with advance notice,or required and performed as a result of an emergency, each as further set forth and described below. 2.2 Planned Pro 2.2.1 When the County requires the Contractor to perform Services for a 1 CAO Rev 10.1718 Page 682 of 1128 planned Project, the County, by the Division Director or their Designee, will issue a Purchase Order to the Contractor stating the specific budget for the planned Project, and all provisions of this Agreement shall apply to the Purchase Order with full force and effect as if appearing in full within each Purchase Order. Each Purchase Order may also state the following Project information: (1) Project budget, (2) Project schedule as determined by Utilities staff(if applicable),(3)liquidated damages(if applicable), (4)Public Construction Bond (if applicable). Each Purchase Order shall become effective upon due execution and issuance. 2.2.2 The Contractor is not authorized to undertake any planned Project without a duly executed Purchase Order which shall specify the budget and may include a time to be completed. 2.3 Emergency Projects. 2.3.1 When the County requires the Contractor to perform Services for an emergency Project, the County, by the Division Director or their Designee, will notify the Contractor of the emergency, generally defined as life threatening, a health-related risk, acts of nature and equipment/product failure. The Contractor shall mobilize crew within 45 minutes of the first call on any given day, night, weekend or holiday. The budget will be set at time of said emergency. The work shall commence at once and a Purchase Order will be issued when an accurate budget can be established.All provisions of this Agreement shall apply to the Purchase Order with full force and effect as if appearing in full within each Purchase Order. 2.4 Non-Exclusive Provider. The Contractor recognizes and acknowledges that the County may employ several different contractors to perform the same or similar Services for the County and that the Contractor has not been employed as the exclusive agent to perform any such Services. 2.5 Purchase Orders Valid After Agreement Expiration. When the Contractor and the County enter into a Purchase Order for any Project where the term of the Purchase Order expires on a date that is later than the date that the Agreement expires, the Contractor and the County agree that the terms of this Agreement and any amendments, attachments or provisions thereof shall automatically extend through and until the expiration (including any extension or amendment thereto) or full completion of the requirements of the Purchase Order have been 2 CAO Rev 10.1718 Page 683 of 1128 performed. Cancellation by the County of any remaining work prior to the Contractor's full completion of the requirements of the Purchase Order shall cause the terms of this Agreement to terminate at the same time. This Section 2.5 applies only when the expiration of the Purchase Order extends beyond the expiration of this Agreement. This section does not apply when a Purchase Order expires or is cancelled prior to the expiration of the Agreement. 3.0 Compensation 3.1 General 3.1.1 The County shall pay the Contractor in accordance with Exhibit "B", "Fee Schedule", which is attached hereto and incorporated by reference as part of this Agreement. The fee schedule identifies all in scope line items, which will be performed billable services pursuant to this Agreement and the fee for each line item. Performance of work by line items not listed on the fee schedule may be considered out of scope work. Out of scope work shall not be performed without prior written approval by the County, and doing so will result in nonpayment for such services. 3.1.2 Out of scope work is defined as necessary items of construction that are not included on Exhibit"B". If during the course of executing a planned or emergency Project, the Contractor determines there are necessary items of construction that are not included on Exhibit "B", the Contractor should submit an out of scope proposal for all out-of-scope work. The cost of the out of scope work shall not be greater than twenty percent (20%) of the cost of the in scope work. 3.1.3 For all Purchase Orders greater than $100,000, the Contractor shall furnish a Public Construction Bond(PCB) in the amount of such Purchase Order. For all Purchase Orders greater than $50,000 but less than $100,000, a determination will be made by the Utilities Director or Designee if a PCB shall be required. A purchase order will be issued to the Contractor for the purpose of obtaining a PCB for the applicable Purchase Order. The Contractor must provide an original PCB to the Procurement Division prior to beginning work on the specified or approved Purchase Order for planned Projects only. 3.1.4 Upon the mutual agreement of the parties, the Fee Schedule, as set out in Exhibit"B" may be adjusted by a written amendment to this Agreement annually beginning one year from the Effective Date of this Agreement. Such amendment must be executed by both 3 CAO Rev 10.1718 Page 684 of 1128 parties and shall operate prospectively only and shall not alter fee schedules for Purchase Orders in effect at the time of the amendment. 3.1.4 Compensation may be negotiated as a not to exceed price or a lump sum amount on a per-project basis, on each individual Purchase Order. 3.1.5 Each individual application for payment shall be due and payable twenty (20)business days after receipt by the County of correct, fully documented, application for payment, in form and substance satisfactory to the County with all appropriate cost substantiations attached. All invoices for payment must reference this Agreement, corresponding purchase order number and shall be delivered, as applicable based on the particular project. Payment is subject to retainage in accordance with FS 218.735. The amount of retainage is 10%until such time retainage is reduced in accordance with the contract document or as provided in FS 218.735. 3.1.6 The Contractor shall attach all appropriate cost substantiations to the invoice and shall deliver the invoices to: Polk County Utilities 1011 Jim Keene Blvd Winter Haven, FL 33880 3.1.7 The Contractor will clearly state "Final Invoice" on the Contractor's final/last billing for the Services rendered to the County. The Contractor's submission of a Final Invoice is its certification that all Services have been properly performed and all charges and costs have been invoiced to the County. This account will be closed upon the County's receipt of a Final Invoice. The Contractor hereby waives any charges not properly included on its Final Invoice. 3.1.8 The County's payment of the Final Invoice shall not constitute evidence of the County's acceptance of the Contractor's performance of the Service or the County's acceptance of any work. 3.1.9 The Contractor's project manager or designated payroll officer shall, by affidavit, attest to the correctness and accuracy of all charges and requested reimbursements stated in each invoice. 3.2 Reimbursable Expenses 3.2.1 All Contractor requests for payment of expenses eligible for reimbursement under the terms of this Agreement shall be reimbursed at cost. The Contractor's requests for payment shall include copies of paid receipts, invoices or other documentation 4 CAO Rev 10.1718 Page 685 of 1128 acceptable to the County's Auditor. To qualify for reimbursement,the Contractor's documentation shall be sufficient to establish that the expense was actually incurred and necessary in the Contractor's performance of the Services in accordance with this Agreement. 3.2.2 Contractor shall request reimbursement for PCB, if applicable, on the first application for payment; a copy of the bond premium invoice should be attached to the first application for payment. 3.2.3 All assets, i.e. durable goods, purchased as reimbursable expenses become the property of the County upon completion of any work for which the asset was utilized. All such assets must be immediately surrendered by delivery to the County's Utilitites Division offices upon demand following the termination of the Agreement. 3.2.4 Contractor shall maintain a current inventory of all such assets. 4.0 Contractor's Responsibilities 4.1 The Contractor shall be responsible for the professional quality, accuracy, competence, methodology, and the coordination of all Services performed pursuant to this Agreement. 4.2 The County's review, approval, acceptance, or payment for any of the Contractor's Services shall not be construed to: (i) operate as a waiver of any rights the County possesses under this Agreement; or (ii) waive or release any claim or cause of action arising out of the Contractor's performance or nonperformance of this Agreement. The Contractor shall be and will always remain liable to the County in accordance with applicable law for any and all damages to the County caused by the Contractor's negligent or wrongful performance or nonperformance of any of the Services to be furnished under this Agreement. 5.0 Ownership of Documents All analyses, reference data, bills, completed reports, or any other form of written instrument or document created or resulting from the Contractor's performance of the Services pursuant to this Agreement shall become the property of the County after payment is made to the Contractor for such instruments or documents. 6.0 Termination 6.1 The County may terminate this Agreement, in whole or in part, at any time, either for the County's convenience or because of the failure of the Contractor to fulfill its 5 CAO Rev 10.1718 Page 686 of 1128 obligations under this Agreement,subject to the cure period provided in Section 27.0,by delivering written notice to the Contractor. Upon receipt of such notice, the Contractor shall: 6.1.1 Immediately discontinue all affected Services unless the notice directs otherwise, and 6.1.2 Deliver to the County all data, reports, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process. 6.2 Unless in dispute or subject to the County's right of set-off or other remedy, the Contractor shall be paid for Services actually rendered to the date of termination. 6.3 The rights and remedies of the County provided for in this Section 6 are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. 7.0 No Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award of or making of the Agreement. For the breach or violation of this provision, the County shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 8.0 Assignment The Contractor shall not assign, transfer, or encumber this Agreement, or any interest herein,under any circumstances,without obtaining the prior written consent of the County,which consent may be withheld in the County's exercise of its reasonable discretion. 9.0 Professional Associates and Subcontractors If the Contractor requires the assistance of any professional associates or subcontractors in connection with its providing the Services the Contractor must obtain the prior express written approval of the County, which the County may withhold in its discretion, before any such professional associate or subcontractor may perform any work for the County. If after obtaining 6 CAO Rev 10.1718 Page 687 of 1128 the County's approval the Contractor utilizes any professional associates or subcontractors in the delivery of the Services then the Contractor shall remain solely and fully liable to the County for the performance or nonperformance of all such professional associates and subcontractors. The failure of a professional associate or subcontractor to timely or properly perform any of its obligations to the Contractor shall not relieve the Contractor of its obligations to the County under this Agreement. 10.0 Indemnification of County The Contractor, to the extent permitted by law, shall indemnify, defend (by counsel reasonably acceptable to County) protect and hold the County, and its officers, employees and agents harmless from and against any and all,claims,actions,causes of action,liabilities,penalties, forfeitures, damages, losses, and expenses (including, without limitation, attorneys' fees costs and expenses incurred during negotiation, through litigation and all appeals therefrom) whatsoever including, but not limited,to those pertaining to the death of or injury to any person, or damage to any property, arising out of or resulting from (i)the failure of Contractor to comply with applicable laws, rules or regulations, (ii) the breach by Contractor of its obligations under this Agreement, (iii) any claim for trademark, patent or copyright infringement arising out of the scope of Contractor's performance or nonperformance of this Agreement, or (iv) the negligent acts, errors or omissions, or intentional or willful misconduct, of Contractor, its professional associates, subcontractors, agents, and employees provided, however, that Contractor shall not be obligated to defend or indemnify the County with respect to any such claims or damages arising out of the County's sole negligence. 11.0 Insurance Requirements The Contractor shall maintain at all times the following minimum levels of insurance and shall, without in any way altering its liability, obtain, pay for and maintain insurance for the coverage and amounts of coverage not less than those set forth below. The Contractor shall provide the original Certificates of Insurance satisfactory to the County to evidence such coverage before any work commences. The County shall be named as an additional insured on General and Automobile Liability policies. Contractor shall also provide an updated Certificate of Insurance upon renewal material change, cancellation, non-renewal or Insurer change. General Liability, Automobile and Workers' Compensation (including Employers Liability)policies shall contain a waiver of subrogation in favor of Polk County. The commercial General Liability Policy shall (by 7 CAO Rev 10.1718 Page 688 of 1128 endorsement if necessary) provide contractual liability coverage for the contractual indemnity stated in Section 10, above. All insurance coverage shall be written with a company having an A.M. Best rating of at least the "A" category and size category of at least VIII. The Contractor's self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the County. In the event of any failure by the Contractor to comply with the provisions of this Section 11,the County may, at its option,upon notice to the Contractor suspend Contractor's performance of the Services for cause until there is full compliance. Alternatively,the County may purchase such insurance at the Contractor's expense, provided that the County shall have no obligation to do so and if the County shall do so,the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverage. In the event that the Contractor hires sub-contractors to do any part of the Contracted work shall be required to carry the same coverage as setout herein. a. Workers' Compensation Insurance providing statutory benefits, including those that may be required by any applicable federal statute: Admitted in Florida Yes Employer's Liability $100,000 All States Endorsement Statutory USL&H Endorsement Statutory Voluntary Compensation Statutory b. Commercial General Liability Insurance, naming the County (Owner) as an additional insured and/or Owner Protective Liability, when required by the County's Risk Manager, Contractual, Products and Completed Operations Liability coverage on an occurrence policy form in limits not less than those listed and deductible amounts not to exceed $25,000. Aggregate Combined: $2,000,000 Each Occurrence: $1,000,000 M&C/CGL $ Broad Form CGL $1,000,000 Contractual Liability $1,000,000 Products $ Completed Operation $1,000,000 Personal Injury $ Independent Contractors $ XCU Property Damage Excel $ Excess Liability $ Regarding Completed Operations Liability: Continue coverage in force for two (2) years after County's acceptance of the project. 8 CAO Rev 10.1718 Page 689 of 1128 c. Automobile Liability Insurance. Coverage shall be maintained by the Contractor as to the ownership,maintenance and use of all of its owned,non-owned,leased or hired vehicles with limits of not less than: Bodily Injury&Property Damage Liability $2,000,000 Combined Single Limit Each Accident Professional Liability in the amount of$2,000,000 per occurrence. 12.0 Public Construction Bond 12.1 All Public Construction Bonds shall be in the form prescribed by the Purchase Orders issued for each project except as otherwise provided by Laws or Regulations, and shall be executed by a surety authorized to do business in the State of Florida and as named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended)by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated A VIII or better. All bonds signed by an agent must be accompanied by a certified copy of authority to act and indicate that they are licensed to do business in the State of Florida. Attorneys-in-fact who sign bonds or other surety instruments must attach with each bond or surety instrument an effective and certified power of attorney. 12.2 PCB's shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Laws or Regulations or by the Contract Documents. 12.3 The Contractor shall be required to furnish additional coverage for added work. The surety is required to increase the amount of the bond in the same amount of one or more change orders. 12.4 If the surety on a bond furnished by the Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in any state or it ceases to meet the requirements of 12.1, the Contractor shall within ten (10) work days thereafter substitute another bond and surety, both of which must be acceptable to the County. 13.0 Public Entity Crimes The Contractor understands and acknowledges that this Agreement will be voidable by the County in the event the conditions stated in Florida Statutes, Section 287.133 relating to conviction for a public entity crime apply to the Contractor. 9 CAO Rev 10.1718 Page 690 of 1128 14.0 Non-Discrimination The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin. 15.0 Designation of Party Representatives 15.1 Upon receipt of a request from the Contractor, the County shall designate in writing one or more of its employees who are authorized to act by and on behalf of the County to transmit instructions, receive information and interpret and define the County's policy and decisions with respect to the Services to be provided pursuant to this Agreement. 15.2 The Contractor shall designate or appoint one or more Contractor representatives who are authorized to act on behalf of and to bind the Contractor regarding all matters involving the conduct of its performance pursuant to this Agreement. 16.0 All Prior Agreements Superseded This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document or its designated exhibits. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 17.0 Modifications,Amendments or Alterations No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless agreed to and executed in writing by both parties to this Agreement in a form acceptable to the County. 18.0 Independent Contractor Nothing stated in this Agreement is intended or should be construed in any manner as creating or establishing a relationship of co-partners between the parties, or as constituting the Contractor(including its officers, employees,and agents) as the agent,representative, or employee of the County for any purpose, or in any manner, whatsoever. The Contractor is to be and shall remain forever an independent contractor with respect to all Services performed under this Agreement. The Contractor shall not pledge the County's credit or make the County a guarantor 10 CAO Rev 10.1718 Page 691 of 1128 of payment or surety for any contract, debt, obligation,judgment, lien or any form of indebtedness and the Contractor shall have no right to speak for or bind the County in any manner. 19.0 Public Records Law (a) The Contractor acknowledges the County's obligations under Article I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and comply in the handling of the materials created under this Agreement. The Contractor further acknowledges that the constitutional and statutory provisions control over the terms of this Agreement. In association with its performance pursuant to this Agreement, the Contractor shall not release or otherwise disclose the content of any documents or information that is specifically exempt from disclosure pursuant to all applicable laws. (b) Without in any manner limiting the generality of the foregoing, to the extent applicable, the Contractor acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: (1)keep and maintain public records required by the County to perform the services required under this Agreement; (2) upon request from the County's Custodian of Public Records or his/her designee, 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 by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of this Agreement if the Contractor does not transfer the records to the County; and (4)upon completion of this Agreement,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of this Agreement, 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 this Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's Custodian of Public Records, in a format that is compatible with the information technology systems of the County. (c)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 AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: RECORDS MANAGEMENT LIASON OFFICER POLK COUNTY 330 WEST CHURCH ST. BARTOW, FL 33830 TELEPHONE: (863) 534-7527 EMAIL: RMLO@POLK-COUNTY.NET 11 CAO Rev 10.1718 Page 692 of 1128 20.0 Compliance with Laws and Regulations In providing all Services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such Services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the County to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. 21.0 Governing Law and Venue This Agreement shall be governed in all respects by the laws of the State of Florida and any litigation with respect thereto shall be brought only in the courts of Polk County, Florida or in the United States District Court, Middle District of Florida, located in Hillsborough County, Florida. Each party shall be responsible for its own attorneys' fee s and other legal costs and expenses. 22.0 Notices Whenever either party desires to give notice unto the other, it must be given by written notice, delivered (i) in person, (ii) via registered or certified United States mail, postage prepaid with return receipt requested, or (iii) via nationally recognized overnight delivery service, and addressed to the parry for whom it is intended at the place last specified by each parry. The place for giving of notice shall remain such until it is changed by written notice delivered in compliance with the provisions of this Section 22. For the present, the parties designate the following as the respective places for giving of notice, to wit: For County: Procurement Division 330 West Church Street Bartow, Florida 33830 Attention: Director For Contractor: Killebrew, Inc. 2830 Winter Lake Road Lakeland, Florida 33803 Attention: William Thomas IV 23.0 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, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement; any 12 CAO Rev 10.1718 Page 693 of 1128 void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. 24.0 Annual Appropriations Contractor acknowledges that during any fiscal year the County shall not expend money, incur any liability, or enter into any agreement which by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Accordingly, any agreement, verbal or written, the County may make in violation of this fiscal limitation is null and void, and no money may be paid on such agreement. The County may enter into agreements whose duration exceeds one year;however, any such agreement shall be executory only for the value of the services to be rendered which the County agrees to pay as allocated in its annual budget for each succeeding fiscal year. Accordingly, the County's performance and obligation to pay the Contractor under this Agreement is contingent upon annual appropriations being made for that purpose. 25.0 Unauthorized Alien(s) The Contractor shall not employ or utilize unauthorized aliens in the performance of the Services provided pursuant to this Agreement. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a) and a cause for the County's unilateral termination of this Agreement. When delivering executed counterparts of this Agreement to the County, the Contractor shall also deliver a completed and executed counterpart of the attached "AFFIDAVIT CERTIFICATION IMMIGRATION LAWS" form. 26.0 Contractor Representations 26.1 The Contractor hereby represents and warrants the following to the County: 26.1.1 Contractor is a corporation that is duly organized and existing in good standing under the laws of the State of Florida with full right and authority to do business within the State of Florida. 13 CAO Rev 10.1718 Page 694 of 1128 26.1.2 Contractor's performance under this Agreement will not violate or breach any contract or agreement to which the Contractor is a parry or is otherwise bound, and will not violate any governmental statute, ordinance, rule, or regulation. 26.1.3 Contractor has the full right and authority to enter into this Agreement and to perform its obligations in accordance with its terms. 26.1.4 Contractor now has and will continue to maintain all licenses and approvals required to conduct its business,and that it will at all times conduct its business activities in a reputable manner. 26.1.5 Contractor has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 26.1.6 Contractor has the personnel and experience necessary to perform all Services in a professional and workmanlike manner. 26.1.7 Contractor shall exercise the same degree of care, skill, and diligence in the performance of the Services as provided by a professional of like experience, knowledge and resources, under similar circumstances. 26.1.8 Contractor shall, at no additional cost to County, re-perform those Services which fail to satisfy the foregoing standard of care or which otherwise fail to meet the requirements of this Agreement. 26.1.9 Each individual executing this Agreement on behalf of the Contractor is authorized to do so 27.0 Default and Remedy If the Contractor materially defaults in its obligations under this Agreement and fails to cure the same within fifteen (15) days after the date the Contractor receives written notice of the default from the County, then the County shall have the right to (i) immediately terminate this Agreement by delivering written notice to the Contractor, and (ii) pursue any and all remedies available in law, equity, and under this Agreement. If the County materially defaults in its obligations under this Agreement and fails to cure the same within fifteen (15) days after the date the County receives written notice of the default from the Contractor, then the Contractor shall have the right to immediately terminate this Agreement by delivering written notice to the County. Upon any such termination, the County shall pay the Contractor the full amount due and owing for all Services performed through the date of Agreement termination. 14 CAO Rev 10.1718 Page 695 of 1128 28.0 Limitation of Liability IN NO EVENT SHALL THE COUNTY BE LIABLE TO THE CONTRACTOR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING LOSS OF PROFIT, WHETHER FORESEEABLE OR NOT,ARISING OUT OF OR RESULTING FROM THE NONPERFORMANCE OR BREACH OF THIS CONTRACT BY THE COUNTY WHETHER BASED IN CONTRACT, COMMON LAW, WARRANTY, TORT, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR OTHERWISE. 29.0 Waiver A waiver by either County or Contractor of any breach of this Agreement shall not be binding upon the waiving parry 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 of this Agreement. The making or acceptance of a payment by either party with the knowledge of the other party's existing default or breach of the Agreement shall not waive such default or breach, or any subsequent default or breach of this Agreement, and shall not be construed as doing so. 30.0 Attorneys' Fees and Costs Each party shall be responsible for its own legal and attorneys' fees, costs and expenses incurred in connection with any dispute or any litigation arising out of, or relating to this Agreement,including attorneys' fees, costs, and expenses incurred for any appellate or bankruptcy proceedings. 31.0 Force Majeure The Contractor shall be temporarily excused from performance if an Event of Force Majeure directly or indirectly causes its nonperformance. Within five(5)days after the occurrence of an Event of Force Majeure,the Contractor shall deliver written notice to the County describing the event in reasonably sufficient detail and how the event has precluded the Contractor from performing its obligations hereunder. The Contractor's obligations, so far as those obligations are affected by the Event of Force Majeure, shall be temporarily suspended during,but no longer than, the continuance of the Event of Force Majeure and for a reasonable time thereafter as may be required for the Contractor to return to normal business operations. If excused from performing any obligations under this Agreement due to the occurrence of an Event of Force Majeure, the Contractor shall promptly, diligently, and in good faith take all reasonable action required for it to 15 CAO Rev 10.1718 Page 696 of 1128 be able to commence or resume performance of its obligations under this Agreement. During any such time period the Contractor shall keep the County duly notified of all such actions required for it to be able to commence or resume performance of its obligations under this Agreement. 32.0 Key Personnel The Contractor shall notify the County if any of the Contractor's Key Personnel (as defined, below) change during the Term of the Agreement. To the extent possible, the Contractor shall notify the County at least ten (10) days prior to any proposed change in its Key Personnel. At the County's request the Contractor shall remove without consequence to the County any of the Contractor's contractors, sub-contractors, sub-contractors, agents or employees and replace the same with an appropriate substitute having the required skill and experience necessary to perform the Services. The County shall have the right to reject the Contractor's proposed changes in Key Personnel. The following individuals shall be considered"Key Personnel:" Name: William Thomas IV Name: Richard Bushart Name: Ian Lund Name: Chuck Eisenhauer Name: Jimmy McCormick Name: Darrell Fisher Name: Bruce Herold Name: Juan Huerta Name: Bill Hilyard Name: Gary Oda Name: Adre Poleon Name: Will Easley 33.0 Scrutinized Companies and Business Operations Certification; Termination. A. Certification(s). (i) By its execution of this Agreement, the Contractor hereby certifies to the County that the Contractor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is the Contractor engaged in a 16 CAO Rev 10.1718 Page 697 of 1128 boycott of Israel, nor was the Contractor on such List or engaged in such a boycott at the time it submitted its bid, proposal, quote, or other form of offer, as applicable, to the County with respect to this Agreement. (ii) Additionally, if the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Contractor further certifies to the County as follows: (a) the Contractor is not on the Scrutinized Companies with Activities in Sudan List, created pursuant to Section 215.473, Florida Statutes; and (b)the Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and (c) the Contractor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135) in Cuba or Syria; and (d) the Contractor was not on any of the Lists referenced in this subsection A(ii),nor engaged in business operations in Cuba or Syria when it submitted its proposal to the County concerning the subject of this Agreement. (iii)The Contractor hereby acknowledges that it is fully aware of the penalties that may be imposed upon the Contractor for submitting a false certification to the County regarding the foregoing matters. B. Termination. In addition to any other termination rights stated herein, the County may immediately terminate this Agreement upon the occurrence of any of the following events: (i) The Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection A(i) above, or the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (ii) The Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection A(ii) above, or the Contractor is found to have 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 has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000). 34. No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Accordingly, any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 17 CAO Rev 10.1718 Page 698 of 1128 IN WITNESS F, the parties hereto have executed this Agreement as of the Effective Date. ATTEST: STACY M. BUTTERFIELD Polk County,a political subdivision CLERK OF THE BOARD of the State of Florida 1 air—t r y: ,. Deputy rk George Lindsey*III, , tairan Board of Colli ` ssioners Date Signed By County Re" '-wed as to form and legal sufficiency: County Attorney's Office Date ATTEST: Killebrew, Inc., a Florida corporation t . f By: BY __ .. y � PRINT NAME PRINT NAME Lft Trrix TITLE � e Date. r SEAL 18 CAO Rev 10.1718 Page 699 of 1128 ACKNOWLEDGEMENT OF FIRM IF A LIMITED LIABILITY COMPANY STATE OF ' A t" { County OF pz.�' The firegoing instruments was acknowledged before me this t r-i by - 'C�_'\ ,c� V t e z r' (Date) (Name of officer or agent,title of officer or agent) as h _�� ,tom :t of the Company on behalf of the Company, pursuant to the powers conferred upon him/herby the Company. He/she personally appeared before me at the time of notarization, and i ersonally known to mcjor has produced as identification and did certify to have knowledge of the matters stated ( (Type of Identification) in the foregoing instrument and certified the same to be t1 respects. Subscribed and sworn to (or affirmed)before me this 1 /1h 'i _X (Date) z fiu 'r` L,- _ . Commission Number & `l3 LU (O ictal Notary Signature and Notary Seal) Lcuy <x..-,-- Commission Expiration Date 7 tti € (Name of Notary typed,printed or stained) n ,....ob in ACKNOWLEDGEMENT OF FIRM, IF A PARTNERSHIP STATE OF County OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) on behalf of a partnership. He/She personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed)before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,-printed or stam_ed �I waw - C �`` `' l�i�i�+�#����"r�k§iar-k,�s,Av, pmhl�'a�,',t l,tfe-�:aXtl�.- ACKNOWLEDGEMENT OF FIRM, IF AN INDIVIDUAL STATE OF County OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging) who personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,printed or stamped) 19 CAO Rev 10.1718 Page 700 of 1128 Exhibit A-i RFP REGISTRATION You MUST register using this form in order to receive notice of any addenda to these documents. Please fax the completed form to the Procurement Division as soon as possible. It is the contractor's responsibility to verify if addenda have been issued. RFP Number and Title: 19-299, Utilities Construction Services Description: Deliver turn-key projects, including all engineering, permitting, and regulatory requirements for an indefinite quantity of various utility related construction projects. Receiving Period: Prior to 2:00 p.m., Wednesday, March 13, 2019 Bid Opening: Wednesday, March 13, 2019 at 2:00 p.m. or as soon as possible thereafter. This form is for RFP registration only. Please scroll down for additional information. Special Instructions: A MANDATORY pre proposal meeting will be held Friday, February 15, 2019, 1:00 p.m. at the Polk County Administration Building, located at 330 W. Church St, Room 150, Bartow, FL 33830. An authorized representative or agent of the Proposer must be present at this meeting in person or via conference call, as evidenced by their signature on the meeting's sign-in sheet, or the Proposer's Proposal will be considered non-responsive. Questions regarding this RFP must be in writing and must be sent to Ari Goldstein, Procurement Analyst, via email at arigol stein Polk-county.net or via fax at (863) 534- 6789. All questions must be received by, Friday, March 1, 2019, 5:00 p.m. RFP REGISTRATION FAX THIS FORM BACK IMMEDIATELY FAX: (863) 534-6789 Carefully complete this form and email or fax it to the Procurement Division. You must submit one form for each RFP that you are registering for. Company Name: Contact Person: Mailing Address: City: State: Zip Code: Phone: —E-mail- Page 701 of 1128 Cut along the outer border and affix this label to your sealed envelope to identify it as a "Sealed RFP". Be sure to include the name of the company submitting the RFP where requested. ............................................................................................................................................................................................................................: 1 SEALED RFP • DO NOT OPEN SEALED RFP NO.: 19-299 RFP TITLE: Utilities Construction Services DUE DATE/TIME: Wednesday, March 13, 2019, prior to 2:00 p.m. SUBMITTED BY: I DELIVER TO: PROCUREMENT DIVISION 330 West Church Street, Room 150 Bartow, Florida 33830 n, ;t �J f 1 Page 702 of 1128 POLK COUNTY Procurement Division Fran McAskill Procurement Director REQUEST FOR PROPOSAL 19-299 Utilities Construction Services Sealed proposals will be received in the Procurement Division, Wednesday, March 13, 2019, prior to 2:00 p.m. Attached are important instructions and specifications regarding responses to this Request for Proposal (the "RFP"). The failure of a responding proposer (a "Proposer") to follow these instructions could result in Proposer disqualification from consideration for a contract to be awarded pursuant to this RFP. This document is issued by Polk County (the "County") which is the sole distributor of this RFP and all addenda and changes to the RFP documents. The County shall record its responses to inquiries and provide any supplemental instructions or additional documents pertaining to this RFP in the form of written addenda to the RFP. The County shall post all such addenda, together with any other information pertaining to this RFP, on the County's website at https://www.polk-county.net/procurement/procurement-bids. It is the sole responsibility of each Proposer to review the website prior to submitting a responsive proposal (a "Proposal") to this RFP to ensure that that the Proposer has obtained all available instructions, addenda, changes, supporting documents, and any other information pertaining to this RFP. The County is not responsible for any solicitations issued through subscriber, publications, or other sources not connected with the County and the Proposer should not rely on such sources for information regarding the RFP solicitation. Questions regarding this RFP must be in writing and must be sent to Ari Goldstein, Procurement Analyst, via email at ari of stein ol -county.net or via fax at (863) 534-6789. All questions must be received by Friday, March 1, 2019, 5:00 p.m. Proposers and any prospective proposers shall not contact, communicate with or discuss any matter relating in any way to this RFP with any member of the Polk County Board of County Commissioners or any employee of Polk County other than the County Procurement Director or the individual designated above. This prohibition begins with the issuance of the Request for Proposal and ends upon execution of the final agreement. Any such communication initiated by a Proposer or prospective proposer shall be grounds for disqualifying the offender from consideration for a contract to be awarded pursuant to this RFP and for contracts to be awarded pursuant to RFPs or Requests for Bid that the County may issue in the future. A Proposer's responsive Proposal to this RFP may be mailed, express mailed, or hand delivered to: Polk County Procurement Division 330 West Church Street, Room 150 Bartow, Florida 33830 3 Revised 6.13.18—MAS Page 703 of 1128 INTRODUCTION/BACKGROUND Polk County (the "County"), a political subdivision of the State of Florida, is seeking proposals from qualified and experienced Florida Certified Underground Utility Contractors and Licensed General Contractors (each a "Contractor")to provide the utility construction services described below utilizing a Purchase Order (PO) delivery. The County intends to award an agreement to the most qualified contractor determined in accordance with the requirements in this Solicitation. The selected contractor will be the contractor whose submittal is responsive, responsible, and is the most advantageous to the County, as determined by the County at its sole discretion. The Contractor is expected to complete each project without any delays or cost increases, and to meet all applicable standards and specifications for utility construction. Award of this RFP shall impose no obligation on the County to utilize the Contractor for all work of this type,which may develop during the period of this bid. The County specifically reserves the right to concurrently contract with other companies for similar work or use its own personnel, whichever it deems to be in the best interest of the County. SCOPE OF SERVICES It is the intent of the County to enter into an agreement with one contractor for indefinite quantity and indefinite delivery for various utility related construction projects. The contractor will be expected to deliver turn-key projects, including all engineering and permitting and regulatory requirements. The scope of work as defined by this solicitation will be planned work or emergency work. The planned and emergency projects include, but are not limited to, ruptured water mains, service laterals, meter sets, force mains and reclaimed water mains being minor in nature to many thousands of feet. Projects may also include, but not be limited to, concrete and asphalt repair; gravity sewer failure, manhole replacement; pipe bursting; maintenance of traffic control plan design, set-up and maintenance; site restoration; horizontal directional drilling; roadway restoration including storm sewer, subgrade, base, paving, striping, curb and gutter, and sidewalk restoration; wet taps; line stops; demolition; erosion control; dewatering; bypass pumping; system testing, inspection and disinfection; clearing; grubbing; grading; right-of-way restoration; treatment facilities repair; treatment facilities replacement, modification and demolition; metering stations; pressure booster stations and pump stations; professional land surveying for construction layout, as- built and design purposes; preparation and certification of design/construction plans and record drawings. Planned projects will have a set scope of work and will be reviewed and scheduled with the Contractor at completion of design. All survey work will be submitted as such: Horizontal Datum, (Coordinate System) Florida State Plane West; (Units) 4 Revised 6.13.18—MAS Page 704 of 1128 U.S. Survey Feet; (Horizontal Datum) North American Datum of 1983 (NAD 83 (2011)). Vertical Datum. North American Vertical Datum of 1988 (NAVD88). The work will occur in city, county and state rights-of-way, utility easements and County-owned property throughout the Polk County. From time to time, the County may have other contractors on site providing services under other County bids or contracts. The contractor will coordinate with these contractors when necessary. For any planned work determined by the County to be appropriate, the County will either provide the contractor with a written scope of work or will request a scope of work proposal from the contractor. The contractor shall acknowledge the request and be available for a meeting and/or site visit within three (3) working days. The contractor shall provide a budget, based on unit prices submitted in the contractor's proposal, within ten (10) working days after the meeting and/or site visit. The cost of a public construction bond should be included in the budget, should one be required. During the term of the contract, work is performed as a series of individual purchase orders. Each purchase order, initiated by the County, is defined cooperatively by the County and the contractor. Except for emergencies, each purchase order shall consist of a specific Scope of Work, time schedule, and a maximum limit of compensation based on the unit prices listed on Attachment "B" Cost Sheet, to be found under Tab 4. The contractor will be issued a purchase order which will act as the Notice to Proceed and a Notice to Commence from the Polk County Utilities Division (PCUD) except when a PCB is required. Purchase orders may include emergency repair, emergency replacement, and scheduled installations of utility systems and treatment facilities and related work. Emergency projects will be treated the same as an emergency purchase order. The work shall commence at once and a purchase order will be issued when an accurate estimate of cost can be established. The purchase order may only be changed by written revision to the purchase order authorized by the County. As part of the budget, the Contractor shall also provide a construction schedule (if applicable and/or requested as determined by Utilities staff) for completion of the work. Upon confirmation of the budget, a purchase order will be issued. The amount specified on an authorized purchase order constitutes the total compensation payable to the contractor performing the specified work. All duties, responsibilities and obligations assigned to or undertaken by the contractor shall be at their expense without change in the purchase order price. After a purchase order has been issued to the contractor, it may be revised only for increases or decreases in work (or changes in scope) beyond that shown in the original purchase order scope as determined by the County. If, in the County's opinion, increases or decreases in work or changes to scope and/or time are required, the contractor must provide a proposal for the same. The County will review the contractor's proposal and, if approved, will request an amendment to the current purchase order. 5 Revised 6.13.18—MAS Page 705 of 1128 If the contractor desires to make a claim for a change in the price or time of an authorized purchase order, written notice of each claim, dispute and other matter shall be delivered to the County within seven (7) calendar days of the occurrence first happening. Written supporting data will be submitted to the County within fifteen (15) calendar days after the occurrence unless the County allows additional time. If the contractor fails to strictly comply with these notices and submittal time periods, the contractor shall be deemed to have waived their right to assert a claim the contractor might otherwise have had concerning the matter. Emergency Projects The selected contractor will be responsible for emergency response. Emergencies are generally defined as life threatening, a health-related risk, acts of nature and equipment/product failure. The contractor must be capable of being on site, mobilized and have a crew work ready within 45 minutes of the first call on any given day, night, weekend or holiday. Treatment facility work, pump station work, pipeline work, asphalt repair, and/or concrete repair will be on an as needed basis and the scope of work shall be set at time of said emergency. Emergency projects will be treated the same as an emergency purchase order. The work shall commence at once and a purchase order will be issued when an accurate estimate of cost can be established. The purchase order may only change by written revision to the purchase order authorized by the County. Known or Field Located Utilities The Contractor shall follow the guidelines as set forth by Sunshine State One Call of Florida (SSOCF), and Governing Law of the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statute (F.S.). In the event that the Contractor or their subcontractor during the execution of the work breaks any known or field located pressure or gravity main identified under Sunshine One-Call guidelines, causing the disruption of service and/or an eminent hazard, it shall be the responsibility of the Contractor to immediately notify Polk County Utilities (PCU) Operations & Maintenance at the designated emergency telephone number and immediately undertake measures to repair the damaged utility, at no cost to the County. To that effect, the Contractor shall ascertain prior to initiating the work he has on hand the necessary repairing parts, tools, equipment, and labor without any delays carry out the repair work. PCU personnel shall witness repair work. Out of Scope Work When preparing a scope of work, if it is known or reasonably anticipated at the time that there are necessary items of construction that are not included on the Cost Sheet of the bid proposal or, during the course of executing a planned or emergency project, the Contractor determines there are necessary items of construction that are not included on the Cost Sheet of the bid proposal, then the Contractor should submit an out of scope proposal for all out-of-scope work. The 6 Revised 6.13.18—MAS Page 706 of 1128 County shall not be obligated in any event for payment over the amounts identified on the purchase order. The cost of the out of scope work shall not be greater than twenty percent (20%) of the cost of the in scope work. No out of scope work shall be performed without prior written approval from the County. Upon approval by the County, a request will be made for a budget identifying the in scope work and out of scope work on individual lines. If the County does not agree with the costs, the contractor will be required to resubmit the budget with the requested changes and potential cost reduction. The County will review the revised budget and, if accepted, a purchase order will be issued. Work Coordination The contractor is responsible for coordination, protection, relocation, and restoration of existing utilities, irrigation systems, plants, shrubs, lighting, signs, fences, mailboxes, power poles, and other existing improvements within the work area. To apply for the installation of a temporary water meter, the Contractor shall contact Karen Murphy, or current Utilities Environmental Specialist, with the Polk County Utilities Division, 1011 Jim Keene Blvd, Winter Haven, Florida 33880, Phone number: (863) 298-4228. Meter fee and water usage billing shall be the responsibility of the contractor. Notification The Contractor shall notify PCU Operations & Maintenance at (863) 298-4101 and schedule the work at least five (5) days prior to performing any work on an active system. If Operations staff cannot be reached, notify the assigned PCU Construction Inspector or Project Manager. Acceptance of the Work Within ten (10) calendar days of substantial completion of the work, a post- construction meeting will be scheduled. Attendees will include the project manager, PCU division representatives and the Contractor. At such time, an inspection walk-through will be done for verification of completeness and quality of the work. The Contractor shall replace any workmanship or product found to be defective without additional charge to the County. The defective work shall be completed in an expedient and reasonable time frame but will not exceed 30 calendar days. Bond Requirements: A. The Contractor must submit a Bid Bond (Exhibit I) in the amount of$10,000. This document must be submitted under Tab 1, Introduction. B. The Contractor must submit a Letter of Bondability from their bonding agent stating their current single job limit and aggregate limit. This document must be submitted under Tab, 1 Introduction. 7 Revised 6.13.18—MAS Page 707 of 1128 C. The Bid Bond and Public Construction Bonds (PCB) (Exhibit II), as outlined below, shall be executed by a surety authorized to do business in the State of Florida and as named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated A VIII or better. All bonds signed by an agent must be accompanied by a certified copy of authority to act and indicate that they are licensed to do business in the State of Florida. D. PCB's will be required for Purchase Orders issued, for the amount of the scope of work, as per the following outline: i. Purchase Orders less than $50,000 will not require a PCB ii. Purchase Orders greater than $50,000 and less than $100,000, a determination will be made by the County as to whether a PCB will be required iii. Purchase Orders greater than $100,000 will require PCB E. A purchase order will be issued to the Contractor for the purpose of obtaining a PCB for applicable work authorizations. Work authorizations are defined as a purchase order for the not to exceed amount, budget; and if applicable (as determined by Utilities staff), a time schedule, liquidated damages, and PCB for the planned project. The Contractor must provide an original PCB to the Procurement Division prior to beginning work on a specified or approved work authorization. F. A PCB will be reimbursed to the Contractor on the first application for payment; a copy of the bond premium invoice must be attached to the first application for payment. G. Attorneys-in-fact who sign bonds or other surety instruments must attach with each bond or surety instrument an effective and certified power of attorney. Assignment: The Contractor will not be permitted to assign its agreement with the County. Qualifications Proposers shall hold a Florida Certified Underground Utility and General Contractors License, while maintaining a current plumbing license. Proposer must have experience in underground construction, water and waste water plants, including high service pump stations. Additionally, the proposer must employ one Advanced M.O.T. trained person capable of modifying the FDOT Standard 600 index. All work related to controls, instrumentation and SCADA components shall be performed by an instrumentation integrator that has a continuing contract with Polk County. Damages 8 Revised 6.13.18—MAS Page 708 of 1128 The Contractor shall be responsible for any all damages to existing utilities that are correctly marked as defined by Sunshine One Call of Florida (SSOCOF) or the Governing Law of the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes (F.S.). The Contractor will be responsible for immediately contacting the affected utility and for all costs incurred by the affected utility in repairing the damaged facility(s). For PCU facilities, the Contractor shall immediately call Utilities Operations staff. AGREEMENT The term of the Agreement will be five (5) years, unless otherwise terminated in accordance with the Agreement. SUBMITTAL Submittals should not contain information in excess of that requested, must be concise, and must specifically address the issues of this RFP. The responses should be in the same order as the selection and evaluation procedures. Proposals are to be printed double-sided. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective submittal to this solicitation are not desired and may be construed as an indication of the proposer's lack of cost consciousness. Elaborate artwork, expensive visual aids, and other presentation aids are neither necessary nor desired, unless specifically requested. The proposal submittals should be contained within a three (3) ring binder(original and each copy in separate binders). Each submittal should contain: Tab 1, Introduction Include a transmittal letter showing: • Company name • Name of person who can bind the company • Address • Telephone number • Email address • Provide a copy of the following: o Company's Florida Certified Underground Utility and Excavation or General Contractors License o Current plumbing license o Employee's Advanced M.O.T. training certificate showing they are capable of modifying the FDOT Standard 600 index. • Provide the completed below Exhibits: o Exhibit I, Bid Bond in the amount of$10,000 o Exhibit IV, Non-Collusion Affidavit of Prime Proposer • Provide a Letter of Bondability from a bonding agent Tab 2, Experience & Proficiency on Similar Contracts (30 Points) 9 Revised 6.13.18—MAS Page 709 of 1128 • Provide a minimum of three (3) and a maximum of five (5) projects constructed within the past two (2) years for which your company constructed potable water, wastewater or reclaimed mains, pump stations, and water/wastewater treatment facilities under a continuing contract with a public utility. At least two (2) of the projects must be emergencies your company was requested to respond to and the outcome of the emergency. (Limit response to one (1) page per project) • For each project please provide: a. Name and location of the project; b. Size and cost of the project; c. Project owner's representative name, address, phone number, and email address; d. Date project was completed or is anticipated to be completed; e. The nature of the firm's responsibility on the project and equipment types; f. Identify the key staff and their role on each project; g. Identify any subcontractors and their roles; h. Provide the original budget and the final budget of the project. Explain the reason(s) for differences, such as owner requested change, contractor claim, etc.; i. Provide the original time of completion and the actual time; j. Response time from the original call to the time your staff was on site and ready to work (emergency projects only); • List in-house, full service capabilities. Include crew response time, crew availability, and equipment availability, including subcontractors. (Limit response to one (1) page) • Define in detail the components of the work for both a planned project and an emergency project, including applicable project management, design, permitting, and construction management and scheduling. (Limit response to two (2) pages) • Provide the number of registered complaints/business violations filed with any State Department of Professional Regulation, Polk County Building Division, or any governmental Building Division. Tab 3, Technical & Personnel Resources (30 points) • List employees available to perform the services. The list should contain employees' names, licensures and/or certification statuses, work histories, lengths of time in current position, and lengths of time with current employer. A table format or resume is preferred listing this information. • Provide an organizational chart of the team highlighting the key individuals and subcontractors who will perform the services as identified above. When identifying a subcontractor, please indicate the name of the person that will 10 Revised 6.13.18—MAS Page 710 of 1128 be the key individual assigned to the agreement. (Limit response to one (1) page) • The key staff presented in the Contractor's response shall be the staff utilized for the Agreement. Provide the resumes of the key staff to be utilized for the Agreement as identified above. (Limit response to one (1) page per resume) • Demonstrate each key staff's availability and office and home location to respond to the needs of the project. Please remember that you will also need to identify the key staff identified to be used under the subcontractors as identified above. (Limit response to one (1) page for all key staff members) • List subcontractors to be used and their location from which resources will be committed to the Project. Include the subcontractors' capabilities and experience relative to this RFP's scope of service. Submit a copy of their applicable licenses and/or certifications qualifying them to perform the work. (Limit response to one (1) page per subcontractor) • Describe your approach and methodology to provide the scope of services requested in this RFP. Tab 4, Cost (20 Points) • Contractors must submit prices on all items listed on the Cost Sheet, Attachment "B". Contractors should provide an electronic copy of the Cost Sheet in Excel format with their proposal. Please place a hard copy of the completed sheets under this tab. Should there be a conflict in unit price on the hard copy and electronic copy, the unit price submitted on the hard copy shall prevail. Tab 5, Is the Firm a "Polk County Entity"? (5 Points) • There will be a maximum of five (5) points allocated for this Tab. If the Proposer is a Polk County Entity then five (5) points will be allocated. If the Proposer is not a Polk County Entity but is utilizing one or more subcontractor that is a Polk County Entity to assist in performing the scope of work then the Proposer will be allocated one (1) point for each subcontractors which are a Polk County Entity up to a maximum of five (5) points. The Polk County Entity subcontractor(s) must have been identified under Tab 3, Technical and Personnel Resources in order to qualify for point allocation. • Provide documentation of the Proposers' headquarters and local offices, if any, and the amount of time the firm has been located at each such local office. Please also indicate the number of employees at the local office. 11 Revised 6.13.18—MAS Page 711 of 1128 • Provide documentation of the subcontractor's headquarters and local offices, if any, and the amount of time the subcontractor has been located at each such local office. Please also indicate the number of employees at the local office. • Proposers or subcontractors will be allocated points if they meet the following Polk County Government definition of Polk County Entity. o The term "Polk County Entity" means any business having a physical location within the boundaries of Polk County, Florida, at which employees are located and business activity is managed and controlled on a day to day basis. Additionally, the business must have been located within the boundaries of Polk County for a minimum of 12 months prior to the date the applicable solicitation is issued. This requirement may be evidenced through a recorded deed, an executed lease agreement, or other form of written documentation acceptable to the County. The County shall have the right, but not the obligation, to verify the foregoing requirements. • In the event a Proposer lists one or more subcontractors in Tab 3 which is a Polk County Entity and receives point(s) as a result, and after the Proposer is awarded the project, if successful, it is determined that the listed subcontractor does not assist in the performance of the scope of work (and is not replaced with an alternative subcontractor which is a Polk County Entity), then the Proposer acknowledges and agrees that it may be suspended or debarred by the Procurement Director for failure to comply with the conditions, specifications or terms of a proposal or contract with the County or for committing a fraud or misrepresentation in connection with a proposal or agreement with the County, in accordance with the Polk County Purchasing Ordinance and Procedures Manual. Tab 6, Is the Firm a "Certified Woman or Minority Business Enterprise" (5 Points) • Polk County Board of County Commissioners has a long standing commitment to encouraging the utilization of Women and Minority Businesses that do business with the County as contractors. To that end we encourage all of our prime and professional services contractors to utilize W/MBE contractors where at all possible, irrespective of a company's certification status. Please explain how the submitting firm will encourage minority participation in the project. (Limit response to one page) • There will be a maximum of five (5) points allocated for this tab. If the Proposer is a Woman or Minority owned business then five (5) points will be allocated. If the Proposer is not a Woman or Minority owned business but is utilizing one or more subcontractors that are a Women or Minority owned business to assist in performing the scope of work, then the Proposal 12 Revised 6.13.18—MAS Page 712 of 1128 will be allocated one (1) point for each subcontractor which meets the County's certification criteria of Women or Minority owned, up to a maximum of five (5) points. The Woman or Minority owned business subcontractor(s) must have been identified under Tab 3, Technical and Personnel Resources in order to qualify for point allocation. • Proposers or subcontractors will be allocated points if they are a certified W/MBE as evidenced by providing the documentation described below. • If the Proposer or subcontractor has a certified W/MBE status, provide documentation of the firms' certified W/MBE status as defined by the Florida Small and Minority Business Act and as defined in Polk County's Purchasing Procedures. Polk County's Purchasing Procedures recognize the following to meet the requirement of a certified W/MBE status- 0 Valid W/MBE Certification from one of the following: ■ Florida Minority Supplier Development Council ■ Women Business Enterprise National Council ■ The State of Florida Office of Supplier Diversity ■ Florida Department of Transportation ■ U. S. Small Business Administration ■ Federal Aviation Authority ■ Other Florida governmental agencies Certifications from other governmental agencies will be considered on a case-by-case basis. • In the event a Proposer lists one or more subcontractors in Tab 3 which is a Women or Minority owned business and receives point(s) as a result, and after the Proposer is awarded the project, if successful, it is determined that the listed subcontractor does not assist in the performance of the scope of work (and is not replaced with an alternative subcontractor which is a Women or Minority owned business), then the Proposer acknowledges and agrees that it may be suspended or debarred by the Procurement Director for failure to comply with the conditions, specifications or terms of a proposal or contract with the County or for committing a fraud or misrepresentation in connection with a proposal or contract with the County, in accordance with the Polk County Purchasing Ordinance and Procedures Manual. Tab 7, Surveys of Past Performance (10 Points) • Provide reference surveys from past clients for the projects identified under Tab 2. • Completed surveys. (See Attachment "A") Procurement will take the average of all surveys and score as follows: 13 Revised 6.13.18—MAS Page 713 of 1128 o Average Score between 9-10 10 Points o Average Score between 7-8 8 Points o Average Score between 5-6 6 Points o Average Score between 3-4 4 Points o Average Score between 1-2 2 Points o Average Score of 0 0 Points EVALUATION CRITERIA AND SELECTION PROCESS Proposals will be evaluated in accordance with this section and all applicable County procurement policies and procedures. The County shall appoint a selection committee (the "Selection Committee") that will be responsible for evaluating and scoring/ranking the Proposals in accordance with this Section. The County will use a competitive selection process based on the Elevation Levels described in this Section. At Elevation Levels 2 and 3, the Selection Committee will score and/or rank the Proposals as applicable. Selection of a final Proposal will be based upon the following steps and factors: Elevation Level 1 (Procurement Requirements Assessment) The County Procurement Division shall review all Proposals for conformance with RFP guidelines and detailed submittal requirements. At the County's discretion, non-conforming Proposals may be eliminated from further consideration and conforming Proposals shall be elevated to Elevation Level 2. Procurement will distribute Proposals and evaluation criteria to the Selection Committee. The Selection Committee may convene to review questions that arise during individual member review of submitted Proposals before Elevation Level 2 to allow for questions, clarifications, explanations, or other discussion to be held before the review of Proposals is completed. Elevation Level 2 (Selection Committee Evaluation) Procurement shall score each Proposal on the following evaluation criteria: • Cost (Tab 4) 20 Points • Local (Tab 5) 5 Points • W/MBE Certification (Tab 6) 5 Points • Surveys of Past Performance (Tab 7) 10 Points Subtotal Points 40 Points by the process stated under each corresponding Tab description as set forth on Pages 11-14. 14 Revised 6.13.18—MAS Page 714 of 1128 Each Selection Committee member shall score each Proposal on the following evaluation criteria: • Experience & Proficiency on Similar Contracts (Tab 2) 30 Points • Technical & Personnel Resources (Tab 3) 30 Points Subtotal Points 60 Points Total Points 100 Points by the following process: Each Selection Committee member shall determine which of the following descriptions applies to each of the foregoing evaluation criteria: EXCELLENT (1.0): Of the highest or finest quality, exceptional, superior, superb,- exquisite,- uperb,exquisite, peerless. The Proposer provided information for a given criteria that satisfied the requirements and described specifically how and what will be accomplished in such a manner that exhibited an exceptional and superior degree of understanding, skill, and competency, both qualitatively and quantitatively. The facts included in the narrative (including all supporting documentation, diagrams, drawings, charts, and schedules, etc.) demonstrate the Proposer's ability to perform and deliver far beyond expectation. VERY GOOD (0.8): To a high degree, better than or above competent and/or skillful. The Proposer provided information for a given criteria that satisfied the requirements and described specifically how and what will be accomplished in such a manner that exhibited a very high degree of understanding, skill, and competency, both qualitatively and quantitatively. The facts included in the narrative (including all supporting documentation, diagrams, drawings, charts, and schedules, etc.) demonstrate the Proposer's ability to perform and deliver beyond expectation. GOOD (0.6): Having positive or desirable qualities, competent, skilled, above average. The Proposer provided information for a given criteria that satisfied the requirements and described specifically how and what will be accomplished in such a manner that exhibited a skillful and above-average degree of understanding, skill, and competency, both qualitatively and quantitatively. The facts included in the narrative (including all supporting documentation, diagrams, drawings, charts, and schedules, etc.) demonstrate the Proposer's ability to perform and deliver at the expected level. 15 Revised 6.13.18—MAS Page 715 of 1128 FAIR (0.4): Average, moderate, mediocre, adequate, sufficient, satisfactory, standard. The Proposer provided information for a given criteria that satisfied the requirements and described sufficiently how and what will be accomplished in a manner that exhibited an adequate and average degree of understanding, skill, and competency, both qualitatively and quantitatively. The facts included in the narrative (including all supporting documentation, diagrams, drawings, charts, and schedules, etc.) demonstrate the Proposer's ability to perform and deliver at a level slightly below expectation. POOR (0.2): Inadequate, lacking, inferior in quality, of little or less merit, substandard, marginal. The Proposer provided information for a given criteria that did not satisfy the requirements and described in an inadequate manner how and what will be accomplished. The information provided simply reiterated a requirement, contained inaccurate statements or references, lacked adequate information, or was of inferior quality. The facts included in the narrative (including all supporting documentation, diagrams, drawings, charts, and schedules, etc.) demonstrate the Proposer's ability to perform and deliver at a substandard and inferior level. UNACCEPTABLE (0.0): The Proposer failed to provide any information for a given criteria, provided information that could not be understood, or did not provide the information for a given category as requested. After a Selection Committee member has determined the description applicable for each evaluation criterion, the total points available for such criterion shall be multiplied by the factor associated with the applicable description to produce the number of points allocated for that evaluation criterion. For example, a Selection Committee member classifies the "Experience and Expertise" criterion (which shall be worth 25 points for the purpose of this example) as "Very Good" (which is a description factor multiplier of 0.8). The points that Selection Committee member allocated for that evaluation criterion would be 20, calculated as follows. 25 available points x 0.8 applicable description factor multiplier = 20 points. A Selection Committee member's total score for each Proposal shall equal the sum of the total points allocated for each evaluation criteria. When all Selection Committee members have completed their Proposal evaluations, the individual Selection Committee member's total scores for each Proposal will be added together to produce a final score for each Proposal. Procurement will confirm the calculations for the final score for each Proposal. Then, Procurement shall publish a rank-ordered listing of the Proposals to the Selection Committee with the Proposal receiving the highest point as the highest- ranked Proposal. 16 Revised 6.13.18—MAS Page 716 of 1128 If the Selection Committee decides to interview Proposers based on the final scores, then at a minimum the Selection Committee shall elevate the two highest- ranked Proposers to Elevation Level 3 for interviews. If the Selection Committee decides not to interview Proposers, they will collectively decide if they would like to recommend the Board, or if applicable the County Manager authorize staff to enter into Contract Negotiations with all Proposers, starting with the highest scoring Proposer. After Board or County Manager approval, as applicable, to authorize staff to negotiate a contract, the Proposers will then be elevated to Elevation Level 4 for contract negotiations. The determination of whether the County Manager may authorize negotiations, without further approval of the Board, is contingent upon whether the anticipated cost of the agreement exceeds $100,000. The County Manager may authorize contract negotiations for contracts which are not anticipated to exceed $100,000 in total. Elevation Level 3 (Proposer Interviews) The Selection Committee shall conduct interviews of the Proposers that it has elevated from Elevation Level 2 to Elevation Level 3. During an interview, elevated Proposers shall make a presentation describing the key elements of their Proposal and/or address any specific topics the Selection Committee may determine necessary. The Selection Committee members will have an opportunity to inquire about any aspect of the RFP and the Proposer's Proposal. After all elevated Proposer interviews, each Selection Committee member shall evaluate each Proposer with emphasis on the following: Proposer interview and presentation focusing on the key elements of their presentation and answers to questions of the Selection Committee. After the interviews, each Selection Committee member will individually rank the Proposers in numerical order beginning at number 1 for the highest-ranked Proposer. Procurement shall receive and compile each Selection Committee member's ranking of each Proposer, and then publish a rank-ordered listing of Proposers to the Selection Committee, based on the combined average rankings given each Proposer. The Selection Committee members will then collectively decide if they would like to recommend the Board, or if applicable the County manager, authorize staff to enter into Contract Negotiations with all Proposers elevated to Proposer Interviews, starting with the highest-ranked Proposer; and should negotiations fail with the highest ranked Proposer, staff shall end negotiations with the highest ranked Proposer and begin negotiating with the next highest ranked Proposer and so on. After Board or County Manager approval, as applicable, to authorize staff to negotiate a contract, the highest-ranked Proposer will then be elevated to Elevation Level 4, Contract Negotiations. The determination of whether the County Manager may authorize negotiations, without further approval of the Board, is contingent upon whether the anticipated cost of the agreement exceeds $100,000. The County Manager may authorize 17 Revised 6.13.18—MAS Page 717 of 1128 contract negotiations for contracts which are not anticipated to exceed $100,000 in total. Elevation Level 4 (Contract Negotiations) If a Proposer is elevated to this level, Procurement, with the assistance of the Utilities Division and County Attorney's Office, shall negotiate an Agreement with the elevated Proposer. If after negotiating for a reasonable time period the parties cannot agree on a contract, the County shall, in its sole discretion, terminate further contract negotiations with that Proposer. Procurement shall notify the Selection Committee that contract negotiations with the elevated Proposer have terminated. If the Selection Committee decides not to recommend contract negotiations with the next-highest-ranked Proposer, and so on, or if the County determines there is no other Proposer with whom the County can successfully negotiate a contract, then the RFP Selection Process shall terminate. After contract negotiations with a Proposer are successfully completed pursuant to Elevation Level 4, the Selection Committee shall recommend to the Board of County Commissioners or County Manager, as applicable, that it selects such Proposer to provide the services as outlined in the Agreement. The Board of County Commissioners or County Manager, as applicable, shall make the final decision whether the County shall enter into an Agreement with a Proposer. The determination of whether the County Manager may execute a contract,without further Board approval, is contingent upon whether the cost of the agreement exceeds $100,000. The County Manager may execute contracts that do not exceed $100,000 in total. SUBMITTAL OF PROPOSALS Interested parties are invited to submit one (1) original marked ORIGINAL and seven (7) copies marked COPY of their proposal in a sealed parcel to the Procurement Division. The parcel should be labeled "RFP #19-299 Utilities Construction Services" and marked with the proposers name and address. The Proposals may be mailed or delivered to: Polk County Procurement Division 330 West Church Street, Room 150 Bartow, FL 33830 The response shall be received by the County only at the above address prior to 2:00 p.m., Wednesday, March 13, 2019 The delivery of the response on the above date and prior to the specified time is solely the responsibility of the proposer. 18 Revised 6.13.18—MAS Page 718 of 1128 The submittal may be withdrawn either by written notice to the Procurement Director or in person, if properly identified, at any time prior to the above submittal deadline. 19 Revised 6.13.18—MAS Page 719 of 1128 ATTENTION PROPOSERS The Successful Proposer must register in our new Vendor Database if you have not already done so prior to award of this RFP. A purchase order cannot be issued to a contractor until they have registered. You may register by going to the following link- https://www.Polk-county.net/procu rem ent/vendor-reg istration Registered contractors will receive a User ID and Password to access their company information. All registered contractors must provide their owner gender, owner ethnicity, corporate status, and a minimum of one (1) commodity code to be considered registered. It is the responsibility of all contractors to update their vendor information. Only registered vendors will receive notifications of future bids and quotes. 20 Revised 6.13.18—MAS Page 720 of 1128 CONTRACTOR INSTRUCTIONS AND GENERAL INFORMATION CONTRACTOR INSTRUCTIONS: To ensure acceptance of this RFP, follow these instructions. RFP SUBMITTALS MUST BE DELIVERED TO THE PROCUREMENT DIVISION PRIOR TO 2:OOP.M. ON THE DATE SPECIFIED. THERE WILL BE NO EXCEPTIONS. 1. TAXES: Contractors are responsible for the payment of any applicable taxes that are connected to the purchase of any materials or subcontractors used in the execution of this RFP. 2. MISTAKES: Contractors are required to examine the document, and all instructions pertaining to the requirements of this RFP. Failure to do so will be at Contractor's risk. In case of a mistake in extension of a unit price, the unit price will govern. Corrections made by Contractor to any Cost Sheet entry must be initialed by the person who is identified under Tab 1, Introduction, as the person who can bind the Company. 3. INVOICING AND PAYMENT: The successful Proposer shall submit a properly certified invoice to the County at the prices submitted. An original invoice shall be submitted to the appropriate User Division. The contractor shall include the RFP number and/or the purchase order number on all invoices. The contractor's Project Manager or any authorized officer shall, by affidavit, attest to the correctness and accuracy of all charges. Invoices will be processed for payment when approved by the appropriate Division's Project Manager or designee. The County's payment of an invoice shall not constitute evidence of the County's acceptance of the Contractors performance of the Service or the County's acceptance of any work. 4. LIABILITY: The contractor shall hold and save the County, its officers, agents and employees harmless from liability of any kind in the performance of this RFP and against claims by third parties resulting from the supplier's breach of contract or the supplier's negligence. 5. PATENTS AND ROYALTIES: The contractor, without exception, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented or non-patented invention, process, or article manufactured and used in the performance of this RFP. If the contractor uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Cost Sheet prices shall include all royalties or cost arising from the use of such design, device or material in any way involved in the work. 21 Revised 6.13.18 MAS Page 721 of 1128 6. All additional requested information and Exhibits must be submitted within a reasonable period of time if chosen as the apparent Proposer after the Selection Process phase. • These items include- 0 Exhibit V, Non-Collusion Affidavit of Subcontractor o Exhibit VI-B, Good Faith Effort Documentation o Exhibit VII, Trench Safety Act Compliance o Exhibit VIII, Equal Employment Opportunity o Exhibit IX, Drug-Free Work Place Form o Exhibit X, Safety Requirements/Regulations o Exhibit XVIII, Certificate of Compliance o Exhibit XIX, Affidavit Certification Immigration Laws o Exhibit XXI, Scrutinized Companies Certification 7. All prices quoted are to be F.O.B. job site in Polk County, Florida. Cost Sheet amount shall be inclusive of all costs. Nothing herein shall prohibit the County from deleting line items and purchasing said items directly from a supplier if it is determined that there is sufficient sales tax savings to make purchasing by the County practical. 8. COST SHEET ERRORS: Where Cost Sheet Submittals have erasures or corrections, each erasure or correction should be acknowledged by written initials of the authorized representative signing the RFP Submittal or their designee. The County reserves the right to reject any Cost Sheet Submittal with such erasures or corrections where the accuracy or intent of said Cost Sheet Submittal as corrected cannot be determined by County staff. In the case of unit price contracts, if an error is committed in the extension of an item, the unit price as shown in the Cost Sheet Submittal will govern. The County staff will verify the extension of the unit prices to verify the correct amount. The County's figures shall prevail. 9. MATERIAL AND CONSTRUCTION: All material, equipment and construction furnished shall be new and shall be of good quality, workmanship and material. If silent in specifications, then the most acceptable industry-standard product shall be furnished and installed. 10. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Florida Statutes, Chapter 112. All Proposers must disclose with their RFP the name of any officer, director or agent who is also an employee of the County or any of their agencies. All Proposers must disclose the name of any County employee who owns, directly or indirectly, any interest of any amount in the Proposer's firm or any of their branches. 11. APPROVAL OF AGREEMENT: The recommended Proposer will be required to execute the agreement documents as outlined in the RFP package including, the Public Construction Bond, all signed exhibits and other required information stated in any addendums. The executed documents should be returned to Procurement within 10 working days of the documents being sent by Procurement to the Proposer for execution. After the executed documents are received back by Procurement they will be given to the County Attorney's Office for approval to be 22 Revised 6.13.18—MAS Page 722 of 1128 added to a Board agenda for Board approval and execution by the Chairman of the Board. All agreements are subject to final approval of the Polk County Board of County Commissioners. Persons or firms which incur expenses or change position in anticipation of an agreement prior to the Board's approval do so at their own risk. 12. SECURITY FORFEITURE: If after Proposer's receipt of a notice of recommendation for award the successful Proposer refuses or otherwise neglects to execute and deliver the required agreement documents, including all signed exhibits, required insurance documents and other required information stated in the addendums within a reasonable time, the amount of the Proposer's bid security (Bid Bond) may be forfeited and the award cancelled if such action is deemed to be in the best interests of the County. The Procurement Director will make the determination of "a reasonable time". It is recommended that the executed agreement documents be returned to Procurement within 10 working days of the documents being sent by Procurement to the recommended Proposer for execution. No plea of mistake in the RFP or misunderstanding of the conditions of forfeiture shall be available to the Proposer for the recovery of their bid security or as a defense to any action based upon the neglect or refusal to execute the required agreement or furnish the required bonds and insurance certification. 13. LAWS, CODES AND REGULATIONS: The Proposer shall familiarize itself and comply with all Federal, State, County and City laws, codes, ordinances or regulations controlling the action or operation of those engaged in the Work, or affecting materials or methods used, and govern itself in accordance with them. If the Proposer observes that there are conflicts between the Drawings and Specifications or between any other documents, they shall promptly notify the County in writing. Failure of the Proposer to notify the County of these variances shall not provide relief for compliance to the document as may be interpreted by the County. The Proposer shall hold harmless, to the fullest extent permitted by Florida Law, the County and all of its officers, agents or servants against any claims or liability arising from, or based upon the violations of any such laws, by-laws, ordinances, regulations, orders or decrees, whether by itself or their employees. 14. SAFETY REQUIREMENTS/REGULATIONS: 14.1 All Proposers are required to submit with their RFP Submittal, Exhibit X, Safety Requirements/Regulations which states that if the firm falls under the Occupational Health and Safety Administration (OSHA) Regulations, as interpreted by OSHA, the successful contractor will be able to provide, at the request of the County, a copy of their OSHA 300 Log for the past three (3) years, a copy of the Workers Compensation Modification Rate; a copy of the Contractor's Safety and Health Program, and a copy of the Contractor's Drug Free Workplace Program. Any questions regarding the compliance with this provision shall be directed to Polk County Safety and Loss Control Coordinator, Risk Management Division, (863) 534-5267. 23 Revised 6.13.18—MAS Page 723 of 1128 14.2 The Proposer is hereby notified that if awarded the RFP and it involves work such as maintenance, repair, turnaround, renovation, construction or engineering on chlorine disinfection facilities or other covered process(es) must be able to provide, at the request of the County, the following items for review: OSHA 300 Log for past five (5) years, current safety program, training program and experience with other related processes. Documented evidence showing compliance with confined space entry, lockout/tagout, emergency response and safe work is required. All contract workers must comply with the facility's safe work practices and controls outlined in the facility safety manual and operating procedures. 14.3 The Proposer is hereby notified that if awarded the proposal they shall be responsible for maintenance of traffic within the limits of the project for the duration of the construction period, including any temporary suspensions of the Work. The Contractor shall construct and maintain detours and provide facilities for access to residences, businesses, etc., along the project. The contractor shall furnish, install and maintain traffic control and safety devices during construction, furnish and install work zone pavement markings for maintenance of traffic in construction areas, and provide any other special requirements for safe and expeditious movement of traffic specified on the plans. Maintenance of Traffic includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. Refer to Florida Department of Transportation's (FDOT) latest edition of the Standard Specifications for Road and Bridge Construction and the latest version of the Manual on Uniform Traffic Control Devices (MUTCD) for the minimum national standard for traffic control for highway construction, maintenance, and utility operation. 15. LIQUIDATED DAMAGES: Proposers are hereby advised that if the Agreement documents so indicate, a reasonable amount for liquidated damages may be assessed for Contractor's failure to meet stated specifications, schedule, or other relevant issues as determined by the County. Information regarding the composition of liquidated damages can be found with each work authorization. The liquidated damages are not intended as a penalty. 16. FLORIDA PUBLIC ENTITY CRIME STATUTE: 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 proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public, work, may not submit proposal 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 36 months from the date of being placed on the convicted vendor list. [(Florida Statutes Section 287.012(11)(16), Section 287.058, Section 287.133, paragraph (2)(a)] By submitting this RFP, Proposer hereby certifies that they have complied with said statute. 24 Revised 6.13.18—MAS Page 724 of 1128 17. PREFERENCE FOR DRUG-FREE WORKPLACE: Whenever two or more proposals which are equal with respect to price, quality and service are received; preference shall be given to a proposal received from a business that certifies that it has implemented a drug-free workplace program in accordance with Florida Statutes, Section 287.087. If there are two or more proposals that are equal and also certifies as a drug free workplace, then the tie proposal shall be broken as per the Polk County Procurement Procedures. 18. REQUIREMENT TO LIST SUBCONTRACTORS: The successful Contractor shall provide a list of all proposed subcontractors, other persons or entities (including those who are to furnish materials or equipment fabricated to a special design), the associated costs, and company classification on Exhibit VI-A, Subcontractor List, upon request by Procurement Staff. Exhibit VI-A may be requested prior to work beginning and again at the project close-out. The list must contain all subcontracted areas of work including those areas of work being self-performed. The total of work noted on this list must match the amount stated on the Cost Sheet. In addition, the successful Contractor should provide documentation reflecting their "Good Faith Effort" in securing the services of minority owned businesses for any appropriate subcontracted areas of work. This documentation shall be noted on Exhibit VI-B, Good Faith Effort, and shall be provided upon request by Procurement Staff. 19. WOMEN/MINORITY BUSINESS ENTERPRISE OUTREACH (W/MBE's): The County hereby notifies all Proposers that W/MBE's are to be afforded a full opportunity to participate in any proposal by the County and will not be subject to discrimination on the basis of race, color, sex or national origin. The County asks that Proposers make good faith efforts to use qualified W/MBE subcontractors in preparing their proposal. The W/MBE's must be identified as such on the subcontractors list. Proposers are encouraged to contact the Supplier Diversity Office, at (863) 534-5959 or (863) 534-5901 for assistance. If a Proposer makes a good faith effort to find and utilize qualified W/MBE subcontractors, but is not successful, they have fulfilled the Good Faith Effort required. Good Faith Effort shall be described as the effort put forth by Proposers on construction proposals to solicit prices from women/minority contractors. 20. EQUAL OPPORTUNITY FOR CONTRACTOS AND SUBCONTRACTORS: Pursuant to U.S. Executive Order 11246, as amended, you are advised that under the provisions of government contracting, and in accordance with the Executive Order, contractors and subcontractors are obliged to take affirmative action to provide equal opportunity without regard to race, creed, color, national origin, age or sex. 21. ADDITIONS/REVISIONS/DELETIONS: Additions, revisions or deletions to the general conditions, specifications or Cost Sheet by a Proposer that change the intent of the proposal will cause the proposal to be non-responsive and the proposal will not be considered. The Procurement Director shall be the sole judge 255 Revised 6.13.18—MAS Page 725 of 1128 as to whether or not any addition, revision, or deletion changes the intent of the proposal. 22. UNIT PRICES: Unless otherwise stated in this document, unit prices will be utilized to adjust the total compensation due the successful Proposer based on actual quantities provided as part of the Work and verified by the County. Significant changes in quantities, including deletion of any particular item are possible. Negotiation of unit prices shall not be allowed except under conditions of Force Majeure, where those conditions are sufficiently documented to the full satisfaction of the County. No other claim to negotiate unit prices will be considered after the Agreement is executed. 23. CODE OF ETHICS: If any Proposer violates or is a party to a violation of the code of ethics of the County or the State of Florida, with respect to this RFP, such Proposer may be disqualified from performing the work described in this RFP or from furnishing the goods or services for which the RFP is submitted and shall be further disqualified from submitting on any future solicitations for work, goods, or services for the County. 24. RFP PROTEST: Any proposer desiring to file a protest, with respect to a recommended award of any RFP, shall do so by filing a written protest. The written protest must be in the possession of the Procurement Division within three (3) working days of the Notice of Recommended Award mailing date. All proposers who submitted a proposal will be sent a Notice of Recommended Award, unless only one proposal was received. A copy of the protest procedures may be obtained from the Polk County Procurement Division or can be downloaded from the County's website at http://www.polk-count .net/docs/default-source/procu rem ent/protest- proce ures.p f?sfvrsn= . FAILURE TO FOLLOW PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY POLK COUNTY, FLORIDA, SHALL CONSTITUTE A WAIVER OF THE PROPOSER'S RIGHT TO PROTEST AND ANY RESULTING CLAIM. GENERAL INFORMATION 1. The term "County" means the Polk County Board of County Commissioners, a political subdivision of the State of Florida, and its authorized designees, agents or employees. 2. NON-CONFORMANCE TO RFP CONDITIONS: Services not delivered as per delivery date in the RFP and purchase order may result in Contractor being found in default, in which event any and all re-procurement costs may be charged against the defaulting Contractor. This non-conformance to RFP conditions may result in immediate cancellation of the purchase order. 26 Revised 6.13.18—MAS Page 726 of 1128 3. ASSIGNMENT: Any purchase order issued pursuant to this RFP and the monies which may become due herein is not assignable. 4. DISPUTES: In the event of any doubt or difference of opinion as to the methods provided herein, or the level of performance rendered, the decision of the user department/division director shall be final and binding on both parties. 5. FACILITIES: The County reserves the right to inspect the contractor's facilities at any time, with prior notice. 6. PLACING OF ORDERS: The resulting Agreement of this RFP does not constitute an order. Before any services can be performed, the successful Contractor must receive written or oral notification in accordance with the practices of the User Division, as outlined within this RFP's Scope of Work, and the resulting Agreement. 7. UNCONTROLLABLE FORCES (FORCE MAJEURE): When events occur that are not of the Contractor or County's doing, neither the Contractor nor the County will be deemed in default should the events meet the definition of "Uncontrollable Forces", also known as "Force Majeure". The term "Uncontrollable Forces" or "Force Majeure" shall mean any event which results in the prevention or delay of performance by a party of its obligations and which is beyond the reasonable control of the non-performing party. The events include, but are not limited to, fire, flood, earthquakes, storms, hurricanes, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall be excused from performance if non-performance is due to forces which are reasonably preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied the event prior to its occurrence. The non-performing party shall, within five (5) calendar days after being prevented or delayed from performance by an uncontrollable force, deliver written notice to the other party particularly describing the circumstance that prevented its continued performance of the obligations of the work and a good faith estimate as to the anticipated duration of the delay and the means and methods for correcting the delay. 8. LAWS, CODES AND REGULATIONS: The Contractor shall familiarize itself and comply with all Federal, State, County and City laws, codes, ordinances or regulations controlling the action or operation of those engaged in the Work, or affecting materials or methods used, and govern itself in accordance with them. If the Contractor observes that there are conflicts between the Drawings and Specifications or between any other documents, they shall promptly notify the County in writing. Failure of the Contractor to notify the County of these variances shall not provide relief for compliance to the document as may be interpreted by the County. The Contractor shall hold harmless, to the fullest extent permitted by Florida Law, the County and all of its officers, agents or servants against any claims or liability arising from, or based upon the violations of any such laws, by- 27 Revised 6.13.18—MAS Page 727 of 1128 laws, ordinances, regulations, orders or decrees, whether by itself or their employees. 9. LIQUIDATED DAMAGES: Contractors are hereby advised that if the Work Authorization so indicate, a reasonable amount for liquidated damages may be assessed for Contractor's failure to meet stated specifications, schedule, or other relevant issues as determined by the County. Information regarding the composition of liquidated damages can be found in the Supplementary Conditions. The liquidated damages are not intended as a penalty. 10. INDEMNIFICATION: 10.1 In any and all claims against the County or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensations or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 10.2 The Contractor shall indemnify and hold harmless the County and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses or expenses (including attorney fees) arising out of any infringement of patent or copyrights held by others; and shall defend all such claims in connection with any alleged infringement of such rights. 11. CONTRACTOR'S RESPONSIBILITIES: 11.1 Supervision and Superintendence: 11.1.1 The Contractor shall provide at all times when the Work is being executed a competent superintendent to supervise and direct the Work in accordance with the Work Authorization. Prior to the commencement of the Work the Contractor shall provide a resume of the superintendent that will be assigned the responsibility to supervise the Work. If in the judgment of the County the proposed superintendent lacks the experience, skills and expertise to competently and efficiently supervise and direct the Work, then the County may require the Contractor to assign a different superintendent and the Contractor will be required to submit the resume of the replacement for the same consideration as before. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but the Contractor shall not be responsible for the negligence of others in the design or specifications of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Work Authorization. The Contractor 28 Revised 6.13.18—MAS Page 728 of 1128 shall be responsible to see that the completed Work complies accurately with the Work Authorization. 11.1.2 The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to the County, through the Professional, except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications to the superintendent shall be as binding as if given to the Contractor. 11.2 Labor, Material and Equipment: 11.2.1 The Contractor shall provide and pay for competent, suitable, qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order on the site. 11.2.2 The Contractor shall furnish and pay for all material, equipment, labor, transportation, construction equipment machinery, tools, appliances, fuel, power, light, heat, telephone, water facilities, sanitary facilities, all other facilities and all other incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Work Authorization. 11.2.3 All material and equipment shall be new and of good quality, except as otherwise provided in the Work Authorization. If required by the Professional, the Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment. 11.2.4 All material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processor, except as otherwise provided in the Work Authorization. 12. SUBSTITUTE MATERIAL OR EQUIPMENT: If the Contractor wishes to furnish or use a proposed substitute after the award of the Contract, it shall within thirty (30) calendar days after Notice to Proceed make written application to the Professional and the Project Manager for consideration of such substitute, certifying in writing that the proposed substitute: will perform adequately the duties imposed by the general design; be similar and of equal substance or quality to that specified; and be suited to the same use and capable of performing the same function as that specified. No substitute shall be ordered or installed without the prior written approval of the Professional. The application shall also contain an itemized estimate of all costs that may result directly or indirectly from acceptance of such substitute, including costs of redesign, delays, maintenance and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager and the Professional in evaluating the proposed substitute. 29 Revised 6.13.18—MAS Page 729 of 1128 Approval of any change in costs or schedule as a result of acceptance of the substitute by the Professional shall be by Change Order. 13. CONCERNING SUBCONTRACTORS: 13.1 The Contractor shall be fully responsible for all acts and omissions of their Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent as if they were employed by the Contractor. Nothing in the Work Authorization shall create any contractual relationship between any Subcontractor and the County or any obligation on the part of the County to pay or to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The County may furnish to any Subcontractor, to the extent practical, evidence of amounts paid to the Contractor for specific Work done. 13.2 The Contractor shall identify and provide information on Subcontractors, Suppliers and other persons or organizations which shall be used by the Contractor, in accordance with requirements of the work authorization. 13.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing work among Subcontractor or delineating the Work to be performed by any specific trade. 13.4 The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Work Authorization and Purchase Order, including but not limited to the General Conditions and Supplementary Conditions, for the benefit of the County. 13.5 All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance, except such rights as they may have to the proceeds of such insurance held by the County as trustee. The Contractor shall pay each Subcontractor an appropriate amount, determined by the value of the Work, of any insurance monies received by the Contractor under this insurance. 14. PERMITS: The Contractor shall obtain and pay for all construction permits, licenses, governmental charges, inspection fees and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs and public utility charges shall not be included in the base proposal. Permit fees, if any, will be reimbursed to the Contractor on a separate invoice. Permits, if any, that are provided and paid for by the County, are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only; however, no damages or additional compensation for delay will be allowed. 30 Revised 6.13.18—MAS Page 730 of 1128 15. USE OF PREMISES: 15.1 The Contractor shall confine their equipment, storage of material, storage of equipment and the operations of their workers to the areas permitted by law, ordinances, permits or the requirements of the Work Authorization. The Contractor shall not unreasonably encumber the site with material and equipment. Any loss or damage to the Contractor's or any Subcontractor's equipment is solely at the risk of the Contractor. 15.2 During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste material, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work, the Contractor shall remove all waste material, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus material. The Contractor shall leave the site clean and ready for occupancy by the County at substantial completion of the Work. The Contractor shall restore to original condition all property so designated for alteration by the Work Authorization. 15.3 The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure. The Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger them. 16. SAFETY AND PROTECTION: 16.1 The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to: 16.1.1 All employees on the Work and other persons who may be affected by it. 16.1.2 All the Work and all material or equipment to be incorporated, whether in storage on or off the site. The Contractor shall assume all risk of loss for stored equipment or material, irrespective of whether the Contractor has transferred the title of the stored equipment or material to the County. 16.1.3 Other property at the site or adjacent to it, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 16.2 The Contractor is responsible for observing all OSHA regulations and shall self-inspect to ensure this is accomplished. The Contractor shall ensure that all personnel are properly trained and shall be able to provide documentation for their personnel that have attended training courses. Examples of such training courses are: Hazard Communications, Traffic 31 Revised 6.13.18—MAS Page 731 of 1128 Work Zone Safety, Personal Protective Equipment, First Aid/CPR, Permit Required Confined Space, Lock Out/Tag Out of Hazardous Energy. The Contractor is required to comply with OSHA Standards regardless of the number of employees they may have. 16.3 A County representative may periodically monitor work site safety. Should there be safety and/or health violations, classified as Serious, Willful or Criminal/Willful Violations, the County's representative may have the authority, but not the duty, to require the Contractor to correct the violation in an expeditious manner. Inspections shall be based on requirements contained in law. The definitions of serious, willful and criminal/willful violations are as follows: Serious Violation: A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists; or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not, with the exercise of reasonable diligence, know of the presence of the violation. Willful Violation: May exist where evidence shows that the employer committed an intentional and knowing violation of the Act. Criminal/Willful Violation: A repeat violation of a previously cited willful violation. Violation of Serious, Willful or Criminal violation may have the following consequences: First violation: The correction may be a verbal warning and the correction shall be done the same day. Written documentation may be maintained by the County. Second violation May result in work stoppage until the violation is corrected. The work stoppage shall not entitle the Contractor to additional contract time or compensation. Liquidated damages provision will remain in full force and effect. Third violation This may constitute a breach of contract for safety violations and may result in termination of the contract, at the sole discretion of the County. Note: The County Safety Officer may stop any job to ensure the safety of all concerned. 16.4 Should the work site be in a hazardous area, the County may furnish the Contractor with information concerning hazards such as types or identification of known toxic material, machine hazards, Material Safety Data Sheets or any other information that would assist the Contractor in the planning of a safe work site. 32 Revised 6.13.18—MAS Page 732 of 1128 16.5 The Contractor shall be aware that while working for the County, representatives from agencies such as the United States Department of Labor, Occupational Safety and Health Administration (OSHA) are invitees and need not have warrants or permission to enter the work site. These agencies, as well as the County Safety Officer, enter at the pleasure of the County. 16.6 The Contractor shall designate a competent person of its organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor's superintendent, unless otherwise designated in writing by the Contractor to the Professional. All communications to the superintendent shall be as binding as if given to the Contractor. 16.7 Should there be catastrophic injuries, as defined by OSHA, or a fatality on the worksite, the County Safety Manager, Risk Management Division, (863) 534-5267, shall be notified immediately. The Contractor shall promptly report by telephone and in writing to a County Representative and Professional all accidents arising out of or in connection with the Work which cause death, personal injury (defined by OSHA as a "lost time" accident), or property damage in excess of$500.00; giving full details and statements of any witnesses. County Representatives are defined as follows: The Division Director or the authorized representative, the division Project Manager and County Risk Management. Non-adherence to this policy could be cause for disqualification of the Contractor on future County Projects. 16.8 Should the County Safety Manager, require the OSHA 300 Log, a written safety and health plan and/or training documents, these documents shall be at this office within 24 hours of the request. Failure to provide the documentation within that time frame may cause the job to be shut down, at no expense to the County, until such documents are received. 16.9 In any event the County may stop the work when, in the County's opinion, the work is being performed in violation of any health and safety rules, regulations or laws. This includes environmental issues. 16.10 When it becomes necessary to stop the work for any of the reasons contained herein, the County shall issue a Stop Work Authorization to instruct the Contractor to cease work on the project. The County shall not be penalized in any manner as a result of this Stop Work Authorization. 17. EMERGENCIES: 17.1 In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Professional if time or circumstances do not permit, is obligated to prevent or mitigate threatened damage, injury or loss. The Contractor shall give the Professional written notice that the emergency provision has been invoked and shall state the reasons within twenty-four 33 Revised 6.13.18—MAS Page 733 of 1128 (24) hours of the incident. If the Contractor believes the emergency results in additional Work, a claim for a Change Order may be submitted in accordance with the procedures set forth herein. 17.1.1 The Contractor shall immediately notify the Professional of all events involving personal injuries to any person on the site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five (5) calendar days of the occurrence. 17.1.2 If the Professional determines that a change in the Work Authorization is required because of the action taken by the Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action. 18. WARRANTY AND GUARANTEE: 18.1 The Contractor warrants and guarantees to the County that all material and equipment will be new, unless otherwise specified; and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Work Authorization or such inspections, tests, approvals or all applicable building, construction and safety requirements, shall be considered defective. Notice of all defects shall be given to the Contractor by the Project Manager. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Article. 18.2 If, after approval of final payment and prior to the expiration of one year after the date of final completion and acceptance by the County, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or material are found to be defective, incomplete or otherwise not in accordance with the Work Authorization, the Contractor shall promptly, without cost to the County and in accordance with the County's written instructions, either correct such defective Work or, if it has been rejected by the County, remove it from the site and replace it with non-defective work. If the Contractor does not promptly comply with the terms of such instructions, the County may have the defective Work corrected, removed or replaced. All direct and indirect costs of such action will be paid by the Contractor. 19. COMMUNICATIONS: After the issuance of any Request for Proposal, prospective proposers shall not contact, communicate with or discuss any matter relating in any way to the Request for Proposal with the Board of County Commissioners, the County Manager, or any employee of Polk County other than the Procurement 34 Revised 6.13.18—MAS Page 734 of 1128 Director or as directed in the cover page of the Request for Proposal. This prohibition begins with the issuance of any Request for Proposal and ends upon execution of the final contract. Such communications initiated by a proposer shall be grounds for disqualifying the offending proposer from consideration for award of the proposal and/or any future proposal. 20. INSURANCE REQUIREMENTS: The selected firm, if any, shall maintain, at all times, in force during the contract period the insurance as specified with an insurer licensed to do business in the State of Florida; rated "A VIII" or better by A.M. Best Rating Company for Class VIII financial size category. Polk County, a political subdivision of the State of Florida, must be named as an additional insured with respect to liability arising from all work being performed for Polk County, for Automobile and General Liability policies of insurance. The certificate holder must be Polk County, a political subdivision of the State of Florida, 330 W Church St, Rm 150, Bartow, Florida 33830. Workers' Compensation Insurance is required to provide statutory benefits, including those that may be required by any applicable federal statute. Any sole proprietor or partner actively engaged in the construction industry, and any corporate officer of a construction or non-construction industry corporation who elects to be exempt from the provisions of the workers' compensation law must provide either a workers' compensation exemption certificate (construction industry) or a letter stating the exemption status and number of employees (non-construction industry). For non-exempt contractors, Employers Liability in the amount of $1,000,000. Commercial General Liability Insurance$2,000,000 combined single limit of liability for bodily injuries, death, and property damage, and personal injury resulting from any one occurrence, including the following coverages: Completed Operations, Broad Form CG. Comprehensive Automobile Liability Insurance $1,000,000; combined single limit of liability for bodily injuries, death and property damage resulting from any one occurrence, including all owned, hired and non-owned vehicles. Professional Liability Insurance in the amount of $2,000,000 per occurrence. The general liability and worker's compensation policies shall contain a waiver of subrogation in favor of Polk County. An original certificate of insurance must be on file in the Procurement Division before a purchase order will be issued. 21. INDEMNIFICATION: Contractor, to the extent permitted by law, shall indemnify, defend (by counsel reasonably acceptable to County), protect and hold the County, and its officers, employees and agents, harmless from and against any and all, claims, actions, causes of action, liabilities, penalties, forfeitures, damages, losses, and expenses whatsoever (including, without limitation, attorneys' fees, costs, and expenses incurred during negotiation, through litigation and all appeals therefrom) including, without limitation, those pertaining to the death of or injury to any person, or damage to any property, arising out of or resulting from (i) the failure of Contractor to comply with applicable laws, rules or regulations, (ii) the breach by Contractor of its obligations under any Agreement with the County entered into pursuant to this solicitation, (iii) any claim for trademark, patent, or copyright infringement arising out of the scope of Contractor's performance or nonperformance of the Agreement, or (iv) the negligent acts, errors or omissions, or intentional or willful misconduct, of Contractor, its professional associates, subcontractors, agents, and employees; provided, however, that Contractor shall 35 Revised 6.13.18—MAS Page 735 of 1128 not be obligated to defend or indemnify the County with respect to any such claims or damages arising out of the County's sole negligence. The obligations imposed by this Section shall survive the expiration or earlier termination of the Agreement. 22. AFFIRMATION: By submitting their proposal, the Proposer affirms that the proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; the Proposer has not directly or indirectly induced or solicited any other person to submit a false or sham proposal; the Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal; and the Proposer has not sought by collusion to obtain for him/herself any advantage over other persons or over the County. 23. DEVELOPMENT COSTS: Neither the County nor its representative(s) shall be liable for any expenses incurred in connection with preparation of a submittal to the RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP. 24. ADDENDA: The County may record its responses to inquiries and any supplemental instructions in the form of written addenda. The addenda will be posted on the County's website at http://www.Polk-couoiy.net/boccsite/ oing- business/bids. It is the sole responsibility of the proposers to check the website to ensure that all available information has been received prior to submitting a proposal. 25. CODE OF ETHICS: If any proposer violates or is a party to a violation of the code of ethics of Polk County or the State of Florida, with respect to this proposal, such proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods, or services for the County. 26. APPLICABLE LAWS AND COURTS: This RFP and any resulting agreements shall be governed in all respects by the laws of the State of Florida and any litigation with respect thereto shall be brought only in the courts of Polk County, State of Florida or the Middle District of Florida, Hillsborough County, Florida. The proposer shall comply with all applicable federal, state and local laws and regulations. 27. PROPOSAL ACCEPTANCE PERIOD: A proposal shall be binding upon the offeror and irrevocable by it for ninety (90) calendar days following the proposal 36 Revised 6.13.18—MAS Page 736 of 1128 opening date. Any proposal in which offeror shortens the acceptance period may be rejected. 28. ADDITION/DELETION: The County reserves the right to add to or delete any item from this proposal or resulting agreements when deemed to be in the best interest of the County. 29. PROPRIETARY INFORMATION: In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all proposers should be aware that Request for Proposals and the submittals thereto are in the public domain. However, the proposers are required to identify specifically any information contained in their proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. Proposers should provide a redacted copy of proposal with submittal. All proposals received from proposers in response to this Request for Proposal will become the property of the County and will not be returned to the proposers. In the event of contract award, all documentation produced as part of the contract will become the exclusive property of the County. 30. REVIEW OF PROPOSAL FILES: In accordance with Chapter 119.071 of the Florida Statutes, the submittals received for this Request for Proposal are exempt from review for thirty (30) days after the Bid Opening Date or at Recommendation of Award, whichever event occurs first. Should the RFP be cancelled and re-solicited for any reason, proposal submittals shall remain exempt from disclosure for a period not to exceed twelve (12) months or at Recommendation of Award of the subsequent solicitation. 31. RFP PROTEST: Any proposer desiring to file a protest, with respect to a recommended award of any RFP, shall do so by filing a written protest. The written protest must be in the possession of the Procurement Division within three (3) working days of the Notice of Recommended Award mailing date. All proposers who submitted a proposal will be sent a Notice of Recommended Award, unless only one proposal was received. A copy of the protest procedures may be obtained from the Polk County Procurement Division or can be downloaded from the County's website at http://www.polk-count .net/docs/default-source/procu rem ent/protest- proce u res.pf?sfvrsn= . FAILURE TO FOLLOW PROTEST PROCEDURE REQUIREMENTS WITHIN THE TIME FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY POLK COUNTY, FLORIDA, SHALL CONSTITUTE A WAIVER OF THE PROPOSER'S RIGHT TO PROTEST AND ANY RESULTING CLAIM. 32. UNAUTHORIZED ALIEN(S): The contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this 37 Revised 6.13.18—MAS Page 737 of 1128 solicitation. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of this Agreement by the County. As part of the response to this solicitation, the successful firm will complete and submit the attached form "AFFIDAVIT CERTIFICATION IMMIGRATION LAWS." (Exhibit XIX) Employers may avail themselves of a program by the U.S. Immigration and Customs Enforcement called E-Verify. E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers. E-Verify provides an automated link to Federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. If your company wishes to avail themselves of this program, you can register online for E-Verify at http://www.dhs.gov/how-do-i/verify-employment-eligibility-e-verify which provides instructions for completing the registration process. At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you as the employer, the SSA, and DHS. An employee who has signatory authority for the employer can sign the MOU. Employers can use their discretion in identifying the best method by which to sign up their locations for E-Verify. To find out more about E-Verify, please visit www /e-verify or contact USCIS at 1-888-464-4218. 33. LIMITATIONS: The County reserves the right to revise, amend or withdraw this proposal at any time to protect its interest. Proposers will not be compensated by the County for costs incurred in preparation of responses to this RFP. 34. ATTORNEY'S FEES AND COSTS: Each party shall be responsible for its own legal and attorney's fees, costs and expenses incurred in connection with any dispute or any litigation arising out of, or relating to this Agreement, including attorney's fees, costs and expenses incurred for any appellate or bankruptcy proceedings. 38 Revised 6.13.18—MAS Page 738 of 1128 PUBLIC RECORD LAWS (a) The Contractor acknowledges the County's obligations under Article I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and comply in the handling of the materials created under this Agreement. The Contractor further acknowledges that the constitutional and statutory provisions control over the terms of this Agreement. In association with its performance pursuant to this Agreement, the Contractor shall not release or otherwise disclose the content of any documents or information that is specifically exempt from disclosure pursuant to all applicable laws. (b) Without in any manner limiting the generality of the foregoing, to the extent applicable, the Contractor acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: (1)keep and maintain public records required by the County to perform the services required under this Agreement; (2) upon request from the County's Custodian of Public Records or his/her designee, 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 by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of this Agreement if the Contractor does not transfer the records to the County; and (4) upon completion of this Agreement, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of this Agreement, 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 this Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's Custodian of Public Records, in a format that is compatible with the information technology systems of the County. (c)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 AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: RECORDS MANAGEMENT LIASON OFFICER POLK COUNTY 330 WEST CHURCH ST. BARTOW, FL 33830 TELEPHONE: (863) 534-7527 EMAIL: - 39 Revised 6.13.18—MAS Page 739 of 1128 Scrutinized Companies and Business Operations Certification; Termination. A. Certification(s). (i) By its execution of this Agreement, the Contractor hereby certifies to the County that the Contractor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is the Contractor engaged in a boycott of Israel, nor was the Contractor on such List or engaged in such a boycott at the time it submitted its bid, proposal, quote, or other form of offer, as applicable, to the County with respect to this Agreement. (ii) Additionally, if the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Contractor further certifies to the County as follows: (a) the Contractor is not on the Scrutinized Companies with Activities in Sudan List, created pursuant to Section 215.473, Florida Statutes; and (b) the Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and (c)the Contractor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135) in Cuba or Syria; and (d) the Contractor was not on any of the Lists referenced in this subsection A(ii), nor engaged in business operations in Cuba or Syria when it submitted its proposal to the County concerning the subject of this Agreement. (iii) The Contractor hereby acknowledges that it is fully aware of the penalties that may be imposed upon the Contractor for submitting a false certification to the County regarding the foregoing matters. B. Termination. In addition to any other termination rights stated herein, the County may immediately terminate this Agreement upon the occurrence of any of the following events: (i) The Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection A(i) above, or the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (ii) The Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection A(ii) above, or the Contractor is found to have 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 has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000). 40 Revised 6.13.18 MAS Page 740 of 1128 THE FOLLOWING SECTION SHOULD BE COMPLETED BY ALL PROPOSERS: (SUBMITTAL PAGE) Company Name.- DBA/Fictitious ame:DBA/Fictitious Name (if applicable): NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 SHOULD BE SUBMITTED WITH BID. TIN #: (Street No or PO Box Number) (Street Name) (City) (County) (State) (Zip Code) Contact Person: Phone Number: Cell Phone Number: Email Address: Type of Organization: Sole Proprietorship Partnership Non-Profit Sub-Chapter Joint Venture Corporation LLC LLP Publicly Traded Employee Owned State of Incorporation The Successful contractor must complete and submit this section prior to award. The Successful contractor must invoice using the company name listed above. 41 Revised 6.13.18—MAS Page 741 of 1128 ATTACHMENT "A" DETAILED INSTRUCTIONS ON HOW TO PREPARE AND SEND PERFORMANCE SURVEYS The objective of this process is to identify the past performance of the firm submitting a proposal package. This is accomplished by sending survey forms to past customers. The customers should return the forms directly to the Firm. The Firm is to include all surveys in their proposal package. Sending the Survey The surveys shall be sent to all clients for whom the Firm has identified under Tab 2. Surveys should correlate to all projects identified under Tab 2. If more surveys are included then Procurement will only use those identified under Tab 2. 1. The Firm shall complete the following information for each customer that a survey will be sent Item Description Name of the company that the work was performed for CLIENT NAME (e.g. Hillsborough County). FIRST NAME First name of the person who will answer customer satisfaction questions. LAST NAME Last name of the person who will answer customer satisfaction questions. PHONE NUMBER Current phone number for the reference (including area code). EMAIL ADDRESS Current email address for the reference. PROJECT NAME Name of the project(e.g. Utility Construction Services for Hillsborough County X Project), Etc. COST OF SERVICES Cost of services (e.g. $4 million annually) DATE COMPLETE Date when the services were completed. (e.g. 5/31/2018) 2. The Firm is responsible for verifying that their information is accurate prior to submission for references. 3. The survey must contain different services/projects. You cannot have multiple people evaluating the same job. However, one person may evaluate several different jobs. 4. The past projects can be either completed or on-going. 5. The past client/owner must evaluate and complete the survey. 42 Revised 6.13.18—MAS Page 742 of 1128 Preparing the Surveys 1. The firm is responsible for sending out a performance survey to the clients that have been identified under Tab 2. The survey can be found on the next page. 2. The firm should enter the past clients' contact information, and project information on each survey form for each reference. The firm should also enter their name as the Firm being surveyed. 4. The firm is responsible for ensuring all references/surveys are included in their submittal under Tab 7. 5. Polk County Procurement may contact the reference for additional information or to clarify survey data. If the reference cannot be contacted, there will be no credit given for that reference. 43 Revised 6.13.18—MAS Page 743 of 1128 Survey Questionnaire — Polk County RFP 19-299, Utilities Construction Services .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... To: (Name of Person completing survey) (Name of Client Company/Finn) Phone Number: Email: Subject:Past Performance Survey of: (Project Name) Consultant Name: (Name of firm being surveyed) Cost of Services: Date Complete: Rate each of the criteria on a scale of 1 to 10,with 10 representing that you were very satisfied(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/individual again). Please rate each of the criteria to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area,leave it blank. Similar Work Project Name: Date Completed: NO CRITERIA UNIT SCORE 1 Ability to manage cost (1-10) 2 Ability to maintain project schedule (complete on- (1-10) time/early) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (1-10) 5 Close out process (1-10) 6 Ability to communicate with Client's staff (1-10) 7 Ability to resolve issues promptly (1-10) 8 Ability to follow protocol (1-10) 9 Ability to maintain proper documentation (1-10) 10 Appropriate application of technology (1-10) 11 Overall Client satisfaction and comfort level in hiring (1-10) 12 Ability to offer solid recommendations (1-10) F13 Faction bility to facilitate consensus and commitment to the plan (1-10) f among staff Printed Name of Evaluator Signature of Evaluator Please fax or email the completed survey to: 44 Page 744 of 1128 q a 2 C $ & W a 7 _ << < LL LL XXX X < z X XXX XXZX << XX co 0 ± ± ± _ = mmmg e ± = e eee U) U) w w 0 0 N A rrr o0 000r � o � o C) C)� o \ Cm C�� � Lr� � � � J = r C14 (D a ¢ 2 � S J LA % \� C m \ L § ° ® W § 0 k § E C 2 % 0 % § o 3 § 2 q §k 4) ( 3 § R 5 < 0/ . 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Z r W Q ami W c _ R m _ ) Q ° ~ LA ° U) CL) N r O m m C a� Q M (� > > > m TD ����� x o c a m Ny E E E N N N N N N N m CO .OI y 2 OV N N N O 0 0 0 0 0 0 f0 -O O 0 0 0 0 0 0 0 0 0 0 ++ c M N N N Q Q Q Q Q Q Q O O m e m LL O Q Q Q L W O O O (n (n (n (n (n (n (n � � � 3 N p N — (n (n (n Z3 Z3 m O N O O C V O U U U U U U U C7 (7 - -T, R .O U) O J 6 Ln U U U N N N N N N N > > N U C O O NNN O O .v '— y a� O � � -0 C C C C C C C C C C m m m m m m m Q Q NE Q N Z3 m m m 1 1 1 1 1 1 1 0 0)(n 0 C � O 0 U U U U U U U c .2 c N O . -O of >, O m E O O O D U U U U U U O m J m O 'O N c N c c c c 0 0 0 0 0 0 0 0 L O U O - C: O . .� .� .� .� U c c N C c 0 0 0 0 0 0 0 - '� '� O O O W .2 L 'O 0 0 0 N O O O 00000000E < 2 < c c O p 2 U U m U U U N N N N N N N 0) 0) 0 0 0 LL J C C O O N N N U U N N N N N N N N N L � v m m m m m m m W W W W 00 — U) U) U) U) U) U) U) d d d d 0 0 o U N N N N N N N 0 0 0 0 -0 -0 T U X X X X X X X X X X CO CO CO CO X X � O N (O O 't O (O - ,�t (0 CO — N N M M N N — — N N of (n 0- (0 (O I-- 00 O O N M S Ln Or-- 00 O O N Cl) S Ln E N N N N M M M M M M M M M M r Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln EXHIBIT I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we (hereinafter called the Principal) and (hereinafter called the Surety), a Corporation chartered and existing under the Laws of the State of ,and authorized to do business in the State of Florida, are held and firmly bound unto the Board of County Commissions, Polk County, Florida,in the full and just sum of ten thousand and 00/cents dollars ($10,000.00) good and lawful money of the United States of America, to be paid upon demand of the County, to which payment will and truly be made,we bind ourselves, our heirs, executors, administrators, successors, and assigned jointly and severally and firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted to the County, a Bid Submittal for the purpose of NOW THEREFORE, the conditions of this obligation are such if the RFP Submittal is accepted and recommended for award of a contract, the Principal shall, execute a satisfactory contract documents including an executed Public Construction Bond payable to County,in the amount of 100 percent(100%) of the total Contract Price,in form and with surety satisfactory to said County, then this obligation to be void, otherwise to be and remaining full force and virtue in law, and the surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements, immediately pay to the aforesaid County, upon demand, the amount of this Bond, in good and lawful money of the United States of America,not as a penalty,but as liquidated damages. In the event the numerical expression is omitted or expressed as less than five percent (5%) of the total bid price, this figure shall be assumed to be erroneously stated and this bid bond shall be binding upon the Principal and Surety in the amount of five percent(5%) of the total bid price. IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of 20 Page 763 of 1128 ATTEST: PRINCIPAL: BY: (SEAL) Witness Authorized Signature (Principal) Witness Printed Name Title of Person Signing Above ATTEST: SURETY: Printed Name BY: (SEAL) Witness Attorney in Fact Witness Printed Name Business Address NOTES: 1. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 2. Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power of attorney. Page 764 of 1128 EXHIBIT II PUBLIC CONSTRUCTION BOND FRONT PAGE F.S. CHAPTER 255.05 BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY: OWNER NAME: Polk County, a political subdivision of the State of Florida OWNER ADDRESS: 330 W. Church St Bartow, FL 33830 OWNER PHONE NO: (863) 534-6757 OBLIGEE NAME: (if contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $ CONTRACT NUMBER: RFP 19-299 GENERAL DESCRIPTION OF PROJECT: PROJECT LOCATION: 07/23/2012 PCB - I Page 765 of 1128 PUBLIC CONSTRUCTION BOND KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound unto Polk County, a political subdivision of the State of Florida, as Obligee in the sum of ) in lawful currency of the United States, for the payment whereof we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract executed between Principal and County for construction of RFP 19-299, Utilities Construction Services, the Contract being made a part of this bond by reference, at the times and in the manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided in the Contract; and 3. Pays County all losses, damages, expenses, costs, liquidated damages, and attorney fees, including appellate proceedings, that County sustains because of a default by Principal under the Contract; and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void, otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this bond. Reference is hereby made to Section 255.05 Florida Statutes, and to the notice and time limitation provisions thereof: IN WITNESS WHEREOF, this instrument is executed this day of 20 07/23/2012 PCB -2 Page 766 of 1128 ATTEST: PRINCIPAL: BY: (SEAL) Witness Authorized Signature (Principal) Witness Printed Name Title of Person Signing Above ATTEST: SURETY: Printed Name BY: (SEAL) Witness Attorney in Fact Witness Printed Name Business Address 07/23/2012 PCB -3 Page 767 of 1128 EXHIBIT III PAYMENT OF STORED MATERIALS As regards payment for stored materials on RFP 419-299, Utilities Construction Services, and the inclusion by (Principal) in Applications for Payment to Polk County, a political subdivision of the State of Florida(County)without evidence that those stored materials have been paid for by Principal, Surety hereby pledges: AS TO THE PERFORMANCE BOND: Surety acknowledges that materials will be stored on site or at a site agreeable to the County for use or incorporation in the project referenced herein. Surety agrees to remain obligated under the Performance Bond for the failure or default by Principal for any reason to timely use or incorporate the materials in the project. This certification applies to both the materials and associated labor with respect to Principal's obligation to timely complete the project according to the contract specifications. AS TO THE LABOR AND MATERIALS PAYMENT BOND: Surety acknowledges that materials will be stored on site or at a site agreeable to the County for use or incorporation in the project referenced herein. Surety agrees to remain obligated under the Labor and Materials Payment Bond to ensure that all materialmen, laborers, suppliers, and subcontractors having claims or disputes pertaining to the procurement and properly authorized storage of these materials are promptly paid by Principal. Entered into this day of , 20 , by (Name of Surety) Authorized signature of Surety 01/29/2014 EX III-1 Page 768 of 1128 EXHIBIT IV NON-COLLUSION AFFIDAVIT OF PRIME PROPOSER State of ) SS County of ) being first duly sworn, deposes and says that: 1. They are of the Proposer that has submitted the attached Proposal; 2. They are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstance respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of their 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, firm or person to submit a collusive or sham Proposal in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion of communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal of any other Proposer, or to fix any overhead,profit or cost element of the Cost Sheet or the Cost Sheet of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against Polk County, a political subdivision of the State of Florida (County) or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Proposal 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 (Title) My Commission expires Revised 07/23/2012 EX IV-1 Page 769 of 1128 EXHIBIT V NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor from Polk County, a political subdivision of the State of Florida (County). THIS FORM MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF THE COMPANY. State of ) SS County of being first duly sworn, deposes and says that: 1. They are of hereafter referred to as the Subcontractor; 2. They are fully informed respecting the preparation and contents of subcontractor's RFP Submittal submitted by the subcontractor to the Contractor for certain work in connection with RFP: 19-299,Utilities Construction Services. 3. Such subcontractor's RFP Submittal is genuine and is not a collusive or sham submittal; 4. Neither the subcontractor 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, firm or person to submit a collusive or sham RFP Submittal in connection with such Contract or to refrain from submitting a RFP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Proposer, firm or person to fix the price or prices in said subcontractor's Bid Submittal or secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5. The price or prices quoted in the subcontractor's Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of their agents, representatives, owners, employees or parties in interest,including this affiant. Signed Title Subscribed and sworn to before me this day of , 20 (Title) My Commission expires EX V- 1 07/23/2012 Page 770 of 1128 ) 2 0 ) e e ee ee eee ee e / § k ) m # < e y o � � o % ¢ z 2 n < � e % / ) f � 5 \ w 2 / E w / \ \ ) = Q § ® § ) { / e / o § ] ) L e / § / ) e n o } \\ ) § 2 U) ) / n m 120) / ) 06 0C:C:/ 3 ] § 722 EXHIBIT VI-B GOOD FAITH EFFORT DOCUMENTATION The following is provided for the proposer to use in conjunction with the Good Faith Effort requirement in Item 19, "Women/Minority Business Enterprise Outreach (W/MBE)" of the Contractor Instructions. For your convenience to supplement your own subcontractor/supplier database, we direct you to https://apps.polk- countv.net/vendordirectorv/ , for additional names. Please list the company's names and the result of your contact for each subcontractor solicited. Suppliers can be listed in the blank spaces at the bottom of the page. Division of Work Results of Good Faith Effort 1. 2. 3. 4. 5. 07/16/15 EX VIB-1 Page 772 of 1128 EXHIBIT VII TRENCH SAFETY ACT COMPLIANCE TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL (TRENCH EXCAVATION) Trench Excavation Safely ystem and Shoring, Special(Trench Excavation) General: 1. The Contractor shall comply with the Florida Trench Safety Act (90-96), Laws of FL.) effective October 1, 1990. 2. The Contractor(s) performing trench safety excavation on this Contract shall comply with the Occupational Safety and Health Administration's (OSHA) trench excavation safety standards, 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security(DLES). 3. By submission of his proposal and subsequent execution of this Contract, the Contractor certifies that all trench excavation done within his control shall be accomplished in strict adherence with OSHA trench safety standards contacted 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security. 4. The Contractor also agrees that he has obtained or will obtain identical certification from his proposed Subcontractors that will perform trench excavation prior to award of the subcontracts and that he will retain such certifications in his files for a period of not less than three years following final acceptance. 5. The Contractor shall consider all available geotechnical information in his design of the trench excavation safety system. 6. Inspections may be conducted by the County and the County's Safety Officer. Serious deficiencies will be corrected on the spot or the job may be closed. Imminent danger citing will result in the immediate cessation of work. Work will resume when the danger is corrected. 7. Proposer acknowledges that included in the various items of the proposal and in the Cost Sheet are costs for complying with the Florida Trench Safety Act (90-96), Laws of FL) effective October 1, 1990. The proposer further identifies the costs to be summarized as follows: Trench Safety Units of Measure Measure Unit Unit Extended (Description) (LF, SY) (QTY) Cost Cost A. $ $ B. $ $ C. $ $ D. $ $ Total S Failure to complete the above may result in the submittal being declared non-responsive. 06/09/2013 EX VII-1 Page 773 of 1128 EXHIBIT VIII EQUAL EMPLOYMENT OPPORTUNITY Polk County, a political subdivision of the State of Florida (County), is an Equal Opportunity/Affirmative Action Employer. Pursuant to Executive Order 11246 as amended, you are advised that under the provisions of government contracting, contractors and subcontractors are obliged to take affirmative action to provide equal employment opportunity without regard to race, creed, color,national origin, age or sex. We are committed to equal opportunity employment effort and expect firms that do business with the County to have a vigorous affirmative action program. CERTIFICATION BY PROPOSED PRIME OR SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is authorized pursuant to Executive Order 11246,Part II, Section 203(b), (30 F.R. 12319-15). Any Proposer or prospective contractor, or any of the proposed subcontractors, shall state as an initial part of the Bid or negotiations of the Contract whether it has participated in any previous Contract or subcontract to the equal opportunity clause; and,if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicated that the prime or subcontractor has not filed a compliance report due under applicable instruction, such Contractor shall be required to submit a compliance report. Contractor's Name: Address: 1. Proposer has participated in a previous contract or subcontract, subject to the Equal Opportunity Clause: YES NO 2. Compliance Reports were required to be filed in connection with such Contract or subcontract: YES NO 3. Proposer has filed all compliance reports due under applicable instructions: YES NO 4. If answer to Item 3 is No,please explain in detail on reverse side of this certification. EEO- 1 07/23/2012 Page 774 of 1128 The Proposer certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The Proposer certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The Proposer agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this RFP. As used in this certification, the term (segregated facilities"means any waiting rooms,work areas, restrooms,washrooms, restaurants, other eating areas,time clocks, locker rooms, storage areas, dressing areas, parking lots, drinking fountains, recreation/entertainment areas, transportation and housing facilities provided for employees which are segregate by explicit directive or are,in fact, segregated on the basis of race, color, religion or national origin, because of habit, local custom or otherwise. The Proposer agrees that (except where they have obtained identical certification from proposed subcontractors for specific time periods) they will obtain identical certification from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provision of the Equal Opportunity clause; and that they will retain such certifications in their files. Certification — The information above is true and complete to the best of my knowledge and belief. (A willfully false statement is punishable by law—U.S. Code, Title 18, Section 1001.) Printed Name Title Signature Date EEO-2 07/23/2012 Page 775 of 1128 EXHIBIT IX DRUG-FREE WORKPLACE FORM The undersigned Proposer in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(a). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1892 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposers Signature Date 10/01/10 EX IX-1 Page 776 of 1128 EXHIBIT X SAFETY REQUIREMENTS/REGULATIONS Proposer must sign and have notarized: The undersigned Proposer hereby certifies that they fully understand the safety requirements/regulation provisions as stated in Contractor Instructions section,Item 14, and will comply. Dated this day of , 20 Name of Firm By Title of Person Signing SWORN TO AND SUBSCRIBED BEFORE ME This day of , 20 Notary Public: My Commission Expires: 10/7/10 EX X-1 Page 777 of 1128 EXHIBIT XII CONTRACTOR CERTIFICATION OF DISBURSEMENT OF PREVIOUS PROGRESS PAYMENT TO SUBCONTRACTORS DATE PROJECT:Utilities Construction Services CONTRACT NO. PROGRESS PAYMENT NUMBER: , Contractor for the above referenced Contract, hereby certifies that all Subcontractors and Suppliers, except for those noted below,have received their pro rata share of all previous progress payments made to date by Polk County, a political subdivision of the State of Florida (County), for all the labor, work, materials and equipment furnished under the Contract. The terms "Subcontractor" and "Supplier" have the meaning defined in Part B of the Contract Documents. EXCEPTION: The following Subcontractors and Suppliers have not yet been paid their respective pro rata share of previous progress payments. A copy of the notification sent to each Subcontractor or Supplier explaining the good cause why payment has not yet been made is attached to this form. Subcontractor or Supplier Name Subcontractor or Supplier Name Street Address Street Address City,State and Zip City,State and Zip State of Florida A false statement or omission made in connection County of with this Certification is sufficient cause for Sworn to and subscribed before me this day suspension,revocation,or denial of qualification to of by bid, and a determination of non-responsibility, and may subject the person and/or entity making the false statement to all applicable civil and criminal (Print name of authorized person signing Certification) penalties. (Notary Public) Contractor Commission Expires: By Personally known OR Produced Identification Title Type of Identification Produced Instructions: 1. Attach a copy of each good cause notification referenced above that has been sent to each Subcontractor and Supplier listed on this Certification. 2. Attach a list of all Subcontractors and Suppliers that have note et been paid their proportionate share of M other progress payments previously received by the Contractor stating the date the Contractor first reported the nonpayment and the status of resolving the payment issue. 3. To be acceptable, this Certification must be executed by an officer or director with the authority to bind the Contractor and must be properly notarized. 4. This Certification must be submitted to the Professional with the Application for Payment for the requested Progress Payment. 5. A separate Certification is required for each Contract the Contractor has with the County. 06/09/2013 EX XII-1 Page 778 of 1128 EXHIBIT XV MATERIALS AND EQUIPMENT STORED ON SITE Contractor's Estimate No. Project Period to Page of Preparer(signature &typed name) Invoice Value Invoice Value For Material For Material Item Invoice Value Installed Delivered Invoice Value No. Item Description Last Period (-) H This Period TOTAL: EX XV-1 Page 779 of 1128 EXHIBIT XVIII CERTIFICATE OF COMPLIANCE In accordance with Florida Statutes, Chapter 440, the General Contractor hereby states that for projects $250,000.00 or more, all subcontractors employed to work have workers' compensation insurance in place. RFP 4 19-299,Utilities Constructions Services Contractor Signature Printed Name of Signer Date EX XVIII-1 Page 780 of 1128 EXHIBIT XIX AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: 19-299 RFP NAME: UTILITIES CONSTRUCTIONS SERVICES POLK COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (COUNTY), WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT("INA"). THE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY THE COUNTY. PROPOSER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name: Signature Title Date STATE OF: COUNTY OF: The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced (Print or Type Name) as identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration XIX-1 06/09/2013 Page 781 of 1128 SCRUTINIZED COMPANIES CERTIFICATION EXHIBIT XXI (Florida Statutes, Section 287.135) SOLICITATION NO.: RFP 19-299 SOLICITATION NAME: Utilities Construction Services The undersigned, as of (the "Contractor"), a Florida corporation, hereby certifies the following to Polk County, a political subdivision of the State of Florida,by and on behalf of the Contractor in accordance with the requirements of Section 287.135, Florida Statutes: (i) The Contractor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,nor is the Contractor engaged in a boycott of Israel,nor was the Contractor on such List or engaged in such a boycott at the time it submitted its bid to the County with respect to the Agreement. (ii) Additionally, if the value of the goods or services acquired under the Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Contractor further certifies to the County as follows: (a) the Contractor is not on the Scrutinized Companies with Activities in Sudan List, created pursuant to Section 215.473, Florida Statutes; and (b) the Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and (c) the Contractor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135)in Cuba or Syria; and (d) the Contractor was not on any of the Lists referenced in this subsection (ii), nor engaged in business operations in Cuba or Syria when it submitted its bid to the County with respect to the Agreement. (iii) The Contractor is fully aware of the penalties that may be imposed upon the Contractor for submitting a false certification to the County regarding the foregoing matters. (iv) The Contractor hereby acknowledges that,in addition to any other termination rights stated in the Agreement, the County may immediately terminate the Agreement upon the occurrence of any of the following events: (a) the Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection (i) above, or the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; or (b) the Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection (ii) above, or the Contractor is found to have 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 has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000). XXI-1 Page 782 of 1128 (v) The undersigned is duly authorized to execute this Certification by and on behalf of the Contractor. Executed this day of , 201_ ATTEST: a By: By: PRINTED NAME: PRINTED NAME: Its: Its: XXI-2 Page 783 of 1128 February 28, 2019 POLK COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ADDENDUM #1 RFP #19-299 Utilities Construction Services This addendum is issued to clarify, add to, revise and/or delete items of the RFP Documents for this work. This Addendum is a part of the RFP Documents and acknowledgment of its receipt should be noted on the Addendum. Contained within this addendum: Revisions, questions and answers received. The Addendum 1 Revised Cost Sheet is available on the Procurement website. The web address is https://www.polk-county.net/procurement/procurement- bids/constructionprocu rem entetail?Title=Utilities Construction Services - 1 -299. A sample copy of the Addendum 1 Revised Cost Sheet is listed as Attachment A to this addendum. Ari Goldstein Procurement Analyst Procurement Division This Addendum sheet should be signed and returned with your submittal. This is the only acknowledgment required. Signature: Printed Name: Title: Company: 1 Page 784 of 1128 RFP #19-299 UTILITIES CONSTRUCTION SERVICES ADDENDUM #1 REVISIONS ADD TO: GENERAL INFORMATION,#35: PRICE INCREASES: The Procurement Director Reserves the right to increase/decrease prices after the Agreement has been in place for a minimum of 12-months, when it is in the best interest of the County. Increases/decreases will be determined by the appropriate price index. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... QUESTIONS AND ANSWERS Question 1: Has an estimated budget and start date been established? Answer 1: These services are performed on an as-needed basis. The average spend per year over the last four (4) years was $6,421,703.51. The estimated start date is August 1, 2019. Question 2: Is it stated in the RFP package that the proposal needs to be submitted electronically in addition to the hard copy original and copies? Answer 2: Yes. Question 3: Does Exhibit XIX, Affidavit Certification Immigration Laws need to be submitted twice? Answer 3: No. Question 4: Please clarify exactly what exhibits are and are not to be submitted with the submittal and where each exhibit is to be included in the submittal. (Referencing the Exhibits and discussion during pre-proposal meeting.) Answer 4: The exhibits that are to be submitted as part of the proposal submittal are Exhibit I, Bid Bond (in the amount of$10,000) and Exhibit IV, Non-Collusion Affidavit of Prime Bidder (Submittal — Tab 1, Introduction, page 9). Proposers are also required to submit Exhibit X, Safety Requirements/Regulations, with their RFP proposals (Page 23 of the RFP Package, Item 14.1). It can be filed in a separate tab after Tab 7 along with the signed addenda and other additional information requested as a "must" item in any Addendum. 2 Page 785 of 1128 Question 5: What font size is to be used in the narratives of the submittal? Answer 5: The font size used should be 11-point. Question 6: What is the line spacing requirement/suggestion on the narratives to be, single- spaced or double-spaced? Answer 6: There is no spacing requirement. Question 7: Please state the construction standards and specifications that are applicable to the bid items, e.g., Polk County Utilities Standards and Specifications that are effective February 15, 2019, and the Florida Department of Transportation 2019 Standard Specifications for Road and Bridge Construction. Answer 7: The construction standards shall be Polk County Utilities Standards and Specifications and FDOT Specifications for road and bridge; LATEST EDITION. Currently 2019. Question 8: Page 9, the SUBMITTAL paragraph states to print submittal double-sided. Pages 10-12 state page limits for various information to be included in the various tabs of the submittal. Is a "page" defined as one side only of a double-sided printed sheet of paper, or is a "page" defined as both sides of a double-sided printed sheet of paper? Answer 8: One (1) page is defined as single or double-sided. Question 9: Page 10, bullet 3 requires listing in-house, full service capabilities, etc. and states a 1-page limit for this information. What if this information will not fit on one page? Should proposers be creative in reducing the information provided? Answer 9: For clarification, in-house abilities and full-service capabilities should be listed as simple as possible to provide an overall representation of the information requested. The request to limit this information to one (1) page single or double- sided remains the same. Question 10: Please define the units of measure (UoM) in the bid sheets: EA, ED, LF, LF-ED, HR, PH, SY, CY, LB, TN. Answer 10: UoM Description EA Each 3 Page 786 of 1128 ED Each Day LF Lineal Foot LF-ED Lineal Foot/Each Day HR Hour PH Per Hour SY Square Yard CY Cubic Yard LB Pound TN Ton Question 11: Page 12, Tab 6: W/MBE requirements: the terms contractor, professional service contractors, subcontractors are used to describe a W/MBE. Can a material supplier also be considered a W/MBE provided they meet the definition of a W/MBE provided within Tab 6 requirements (pages 12 & 13)? Answer 11: Yes. A material supplier would need to meet the qualifications outlined under Tab 6, Is the Firm a "Certified Woman or Minority Business Enterprise". Question 12: Pages 11 & 12, Tab 5: is there any page limitation in total or per subcontractor/supplier? Answer 12: Please limit the responses to one (1) page maximum per subcontractor/supplier. Question 13: Page 28, paragraph 11.1.1: "Work authorization" term is used. Is it the same as the purchase order, or is it something all to itself? How does the process work for non- emergency and emergency work from the point of notice by the County of a need for the prime contractor to the point of the County issuing payment to the prime contractor for services rendered? Understandably, an emergency is likely different than a non-emergency Answer 13: Per Item E on Page 8 of the RFP Package, "Work authorizations are defined as a purchase order for the not to exceed amount, budget, and if applicable (as determined by Utilities staff), a time schedule, liquidated damages, and PCB for the planned project." The process for point of notice for non-emergency work is outlined in the Scope of Services, found on page 5 of the RFP Package. The process for payment to the prime contractor for services rendered can be found under Contractor Instructions, Item 3, "Invoicing and Payment," on page 21 of the RFP Package. The process for emergency work is described under Scope of Services, "Emergency Projects," on page 6 of the RFP package. The process issuing payment to the prime contractor will follow the same procedures outlined above for non-emergency work. 4 Page 787 of 1128 Question 14: Page 18, Elevation Level 4 (Contract Negotiations): why is there a contract negotiations level if the submitters are required to submit unit prices? Please do not require the submittal of bid sheets if contract negotiations are to occur. Submitting bid prices and having to negotiate the contract price is redundant. Or, have the bid price sheets in a separately sealed envelope to be opened only if a selected bidder is elevated to Level 4, then the bid prices can be a consideration in the scoring matrix. Answer 14: Tab 4, Cost is only a part of the evaluation criteria being scored by Procurement. Procurement, along with the Utilities Division and the County Attorney's Office, will negotiate the specifics of the Agreement with the elevated Proposer as described in Elevation Level 4 on page 18. Question 15: Pages 28, paragraph 9. Pages 30, paragraph 13.4 & 14. Both mention supplementary conditions, and paragraph 13.4 mentions general conditions. As discussed in the pre-bid meeting, these are not needed and do not exist, correct? Answer 15: The terms "supplementary conditions" and "general conditions" mentioned in the RFP package do no directly reference anything specific as part of the RFP package. Question 16: Page 41: does this form get submitted with the submittal? If so, where does it belong in the submittal (what tab)? Answer 16: The form on Page 41 should be submitted with the proposal. It can be filed either in the front of the proposal prior to Tab 1 or in a separate tab after Tab 7 along with the signed addenda and other additional information requested as a "must" item in any Addendum. Question 17: Page 4, Scope: requires plans preparation, which requires a licensed Florida Professional Engineer. The prime contractor is to provide the Professional Engineer service as part of its qualifications (page 8) and Tab 1 Introduction (page 9) Iicensures, correct? Answer 17: Proposers should include the licenses and certificates as outlined under Tab 1, Introduction. The scope of work outlines the types of services that may be required for the individual projects over the term of the Agreement. Question 18: Cost Sheets: a. Line items 4-5 heading: typo in "...post-construction...". 5 Page 788 of 1128 b. Line items 254-279 headers include the term "...DIP..." Industry and manufacturing standard is for IPS specification instead of DIP for these types of pipe. c. The current Utilities Construction Services BVP 14-156, addendum three, changed all quantities to one instead of having randomly assigned quantities to some items. The reason for that change was that this type of contract is an indefinite delivery and indefinite quantity (IDIQ) contract, so weighted quantities having no bearing or indication on contract amount or potential work that may or may not result from this contract. The unit price of each pay item is what is evaluated for its appropriateness to the pay item. In other words, a unit of one prevents unbalancing of unit bid prices. Answer 18: a. This has been corrected. Please see Addendum 1 Revised Cost Sheet. b. IPS specification is to be used for the Items 254-279. This has been updated in Addendum 1 Revised Cost Sheet. c. Addendum 1 Revised Cost Sheet contains suggested quantities that will be used in determining the scoring under Tab 4, Cost. The negotiated unit price for each of the line items will be used for the purpose of the budget as mentioned under Item E on Page 8. Question 19: Under Tab 6, "Is the Firm a Certified Woman or Minority Business Enterprise," it states that if we do not use the subcontractors we list within this tab on the various projects, we risk being suspended or debarred or having the contract cancelled. How will that apply since there is an indefinite quantity of projects related to this proposal? Answer 19: Due to the indefinite number of projects that may take place under the Agreement, the awarded Proposer is encouraged to use the listed W/MBE subcontractors under Tab 3 that are qualified and available to work on the project. The awarded Proposer may be suspended or debarred if it fraudulently lists or misrepresents W/MBE subcontractors for the purpose of receiving points during Elevation Level 2 (Selection Committee Evaluation). Question 20: Bid items 48-58 have conflicts between headers and unit descriptions: C905 pipe spec is no longer applicable, and headers call for SDR18 but line item descriptions read SDR25. Suggest new header for items 48-58 that reads "PVC C900 for Force Mains, 0'-6' Depth". Answer 20: Addendum 1 Revised Cost Sheet has been updated. Question 21: Bid items 59-80 has header that reads DR25 but some time descriptions have DR18 in them. Suggest new header that reads "PVC C900 for Water & Reclaimed Water Mains, 0'-6' Depth". 6 Page 789 of 1128 Answer 21: Addendum 1 Revised Cost Sheet has been updated. Question 22: To reiterate and for clarification purposes: referencing page 10, first bullet paragraph, 4th line down from top reads "...under a continuing contract with a public entity." Is it the County's intent to verify project references provided by vendors meet this criteria? 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O O O '!0 'i6 'i6 .� .� .� .� '(6 C U C C C N C M C 0 0 0 0 0 0 0 — 'o '0 O O p v LC: w 'O EL 'Q' 'Q' 0 0 0 0 0 o o 0 � N � � � � O O O O D U U U U U U Q 2 Q c cO G 2 U U m U U U N N N N N N N 0 0 LL J C C O O N N N CC C C0 U N N N N N N N C L m m m m m m m W W W W 00 — C d d d d 0 0 o U N N N N N N N 0 0 0 0 -0 -0 T U C C C C x x x x x x x x x x CO CO CO CO x x O N (O O 't O (O - ,�t (0 CO (M M N N — — N N of (n 0- (0 (O I-- 00 O O N M S Ln Or-- 00 O O N Cl) S Ln E N N N N M M M M M M M M M M r Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln March 11, 2019 POLK COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ADDENDUM #2 RFP #19-299 Utilities Construction Services This addendum is issued to clarify, add to, revise and/or delete items of the RFP Documents for this work. This Addendum is a part of the RFP Documents and acknowledgment of its receipt should be noted on the Addendum. Contained within this addendum: questions and answers received. Ari Goldstein Procurement Analyst Procurement Division This Addendum sheet should be signed and returned with your submittal. This is the only acknowledgment required. Signature: Printed Name: Title: Company: Page 809 of 1128 RFP #19-299 UTILITIES CONSTRUCTION SERVICES ADDENDUM #2 QUESTIONS AND ANSWERS Question 1: Do you have a bidders list for this RFP? Answer 1: No. The opening date for the RFP is on Wednesday, March 13, 2019. The list of potential proposers that did attend the mandatory pre-proposal meeting is listed below. Name Company Address E-mail Address Phone Number Fabiana L&S 405 Lake fabiana.russo@lssurveyor.com 407-681- Pouso Diversified Howell Road, 3836 Suite 1001 Maitland, FL 32751 Michael Gulf Coast 1065 George mikefishermsu@gmail.com 863-686- Fisher Boring & Jenkins Blvd., 2263 Pipeline, Inc. Lakeland, FL 33815 Chad Ashley U.S. Water 4939 Cross CAshley@uswatercorp.net 239-728- Service Corp. Bayou Blvd. 7885 New Port Richey, FL 415 West Daughtery Road, Lakeland, FL Bill Thomas Killebrew PO Box 6258 bill@killebrewinc.net 863-701- Lakeland, FL 0273 33807 Rich Bushort Killebrew PO Box 6258 rich@kiIlebrew.net 863-701- Lakeland, FL 0273 33807 Brian Hefner Maser 1101 N. Lake bhefner@maserconsulting.com 407-383- Consulting Destiny Rd., 6900 Suite 415 Maitland, FL 32751 Greg Roggen 2840 Security kevin@roggenenterprises.com 863-666- Bandlow Enterprises Lane 1999 Lakeland, FL 33803 Page 810 of 1128 Exhibit A-ii Company name: Killebrew Inc Name of person who can bind company: William C Thomas IV (President), Rich Bushart (Vice President), Ian Lund (Vice President), Denise Henderson (Secretary/Treasurer) Address: 2830 Winter Lake Rd. Lakeland, FL, 33803 Telephone number: (863) 701-0273 Email Address: Bill@Killebrewinc.net, Rich@KiIlebrewinc.net, Ian@Killebrewinc.net, Denise@Killebrewinc.net Tab 1 - Page 1 Page 811 of 1128 db'pr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING ARD T+4F lJ;dDEPGR$ UND UTILITY to CXCAWTV4(' HEP tEIN Is UPMWl D UKDR,THC PAO'051,014S OF CHARM 489,FLORIDA STAIVES WILLIAM CLIFFORDI KILLfRPM INC UX)WINT-;Il LADE `C ACa tAlle'lLANO Pt 338("13 EXPlItATION DATA. AUGUST«1,202,0 ('A'j tp'''"s OWN Tab 1 - Page 2 Page 812 of 1128 W Aa k, !,'.Q,dr b laC1w 11UlW'w' t>>t.�,�+�t`'4lrov I#re"',. ,wC�0 4. t *#N' dbp' r SA DEPARTMItNIT Of BU$INESS AND PIROMSOONAL KGMATION CONSTRUCT*N INDUSTRY K 09c ti- ' EER M9,F�,"CW P,415,"Alt)"TES THOMAS, V1,11AW11W,IN Z91'er WIN v R LOIJA 11041 i CAM L' ; Ap"W4,-1110„:Awle, t t^ 01.14,#��ol,�_,fsa,,,;W44,0€k i " xtuuf�,- »sy r'lknkr. Tab 1 - Page 3 Page 813 of 1128 RIS SMTT,GOVERNOR -00NAl HAND ZACHIEM,SECRETARY dbp' l, � N kf. STATE OF FLORID DEPARTMENT OF BUSINESSAND PROFESSIONAL REGULATION BOLD OF PROFESSIONAL.ENGINEERS THE PROFESSIONAL Fh+GWEiER I,,ERIN ISMENSED UNDER THE PROVISIONS IONS of CHAPUR 471,FLORIDA T TUTF T" SAS, ,LL,j � CLIFO R IV IWI SALISBURY STREET RIVEMEW FL 3356 LICENSE NUMMIEF:PES04 EKPI�gAMW ryEu FEBRUA4y 29,'2.+o 2 Sys verify 6"ries 01,11ime at t+YRowixi aticense.e,0wm 00 not alter iikis document in any form- This is your hrerege It is unl for anyone oOer than the licenset to use t s dreNjn rt, Tab 1 - Page 4 Page 814 of 1128 dbpr DEPARTMENT Of STATE CW FLORIDA SS PROFESSIONAL ' s 4 ..:TRY LICEW,W5 BOARD 4i,'iotuv i,%v� r ,",!0k,4 W 4 o ;„fM )wtl I p Teti WILLIAM ` ;3i.+ Iv.4t CI S`) w , ;n,.. Tab 1 - Page 5 Page 815 of 1128 d'bpr TATE OF FLORIDA DEPART ENT OF BUSINESS PROFESSIONAL REGULATION ARD OF PROFEWONAL ENGINEERS THE ENGINEFRING WIMP FI I EIN IS AU,"T,'j44;aIZED UNDER THE PROVI IONo P 471, ORi'D $TATUTES KILLER,,EW, I . '2830WINTER LAKE RW LAKELAND FL 003 5 I~IUI IB y CAI, T`E- FEBRUARY 2s,262 1' verity li02r s,l lfly atMY9,oTWaLlc2nse.cw Da not after this document In any foryn, This Iz your lee,rtse.it is unlawful for anyone at9er than the lice to use,thIs documenti Tab 1 - Page 6 Page 816 of 1128 CIF 0This CI` a ,v an X Cued! Approved Maintenance of Traffic �MOT)Advanced Course, Date Expires 'I 0127r2019 CerdAcaui11943 In ,1,ruc illiarwi Thomas FDOT P r ov id er 106 phuaw 8614014273 PCI 13DX 6250 WkWand, R, Tab 1 - Page 7 Page 817 of 1128 End of section Tab 1 - Page 8 Page 818 of 1128 A. Name and location of project: OC-10; Orange City, FL. B. Size and cost of the project: Approximately 5,000 feet of water main with services, hydrants, valves, etc. in an urbanized setting. $426,341.36. C. Project owner's representative name, address, phone number, and email address: Mike Watson, City of Orange City, 426 S. Volusia Ave., Orange City, FL 32763; office: (386) 775- 5450, mobile: (386) 804-2923; mwatson@ourorangecity.com. D. Date project was completed or is anticipated to be completed: February 2019. E. The nature of the firm's responsibility on the project and equipment types: The City of Orange City awarded Killebrew, Inc. a continuing service, multi-year contract (RFQ 010-15 Potable Water Distribution Improvements) for design/build services to replace/upgrade their potable water system. The City's master plan that was prepared by others prioritized projects for Killebrew's work. Many projects have been assigned to Killebrew by purchase order (PO) under this master contract, ranging from approximately $20,000 to $1.5M. Killebrew is responsible for all services required to design, permit, and build every project. Our in-house services included all professional engineering, advanced maintenance of traffic (MOT) designs/certifications, all AutoCAD work for design plans and record drawings, permitting, construction and record drawings. Our in-house construction services included open-cut construction, horizontal directional boring, pipe bursting, mechanical-type construction (above-ground utility component construction), concrete work, clearing, grading, and asphalt patch paving. Equipment used (and owned) included dozers, loaders, backhoes, track hoes, dump trucks, pipe bursting rigs, directional boring rigs, paving machine, rollers, compactors, numerous small tools and supplies. F. Identify the key staff and their role on each project: Ian Lund: senior project manager and advanced MOT; Jimmy McCormick: general superintendent over all work performed on this contract; Juan Huerta: project superintendent over this project; Rich Bushart: cost estimating; Gary Oda: project designer and AutoCAD work; Bill Thomas, PhD, PE: professional engineering, contractor licenses, advanced MOT; up to 6 of our 14 foremen and crews for all construction services. G. Identify any subcontractors and their roles: NorthPoint Land Surveying: professional surveyor services; Rangeline: wet tapping; Nadic: geotechnical testing services. H. Provide the original budget and the final budget of the project. Explain the reason(s) for differences, such as owner requested change, contractor claim, etc.: Original: $481,684.71; final: $426,341.36; contractor changes: quantity reductions/design changes due to differing site conditions (more existing WMs than owner initially thought). I. Provide the original time of completion and the actual time: Original: 465 days; actual: 285 days. J. Response time from the original call to the time your staff was on site and ready to work (emergency projects only): Not applicable (non-emergency project). Tab 2 - Page 1 Page 819 of 1128 A. Name and location of project: Fiscus & Hibiscus Tree Dr. WM Pipe Bursting; Boynton Beach, FL. B. Size and cost of the project: Pipe burst approximately 2,500 LF of 4" asbestos-cement water main with 8" HDPE; replaced services, hydrants, and valves. $350,532.32. C. Project owner's representative name, address, phone number, and email address: Tremaine Johnson, City of Boynton Beach, 124 E. Woolbright Rd., Boynton Beach, FL 33435; office: (561) 742-6476;johnsontr@bbfl.us. D. Date project was completed or is anticipated to be completed: October 2018. E. The nature of the firm's responsibility on the project and equipment types: Killebrew was awarded a continuing services, multi-year contract Bid No. 036-2821-16/TP titled "Pre- Chlorinated Pipe Bursting of Potable Water Mains." Our in-house services included all professional engineering, advanced MOT designs/certifications, all AutoCAD work for design plans and record drawings, permitting, construction and record drawings. Our in-house construction services included horizontal directional boring [for long-side services], pipe bursting, concrete work, and asphalt patch paving. Equipment used (and owned) included backhoes, dump trucks, pipe bursting rig, directional boring rig, paving machine, roller, compactors, and numerous small tools and supplies. F. Identify the key staff and their role on each project: Ian Lund: senior project manager and advanced MOT; Jimmy McCormick: general superintendent over all work performed on this contract; Bill Hilyard: project superintendent over this project; Rich Bushart: cost estimating; Gary Oda: project designer and AutoCAD work; Bill Thomas, PhD, PE: professional engineering, contractor licenses, advanced MOT; 1 of our 14 foremen and crews for all construction services. G. Identify any subcontractors and their roles: NorthPoint Land Surveying: professional land surveyor services; Nadic: geotechnical testing services. H. Provide the original budget and the final budget of the project. Explain the reason(s) for differences, such as owner requested change, contractor claim, etc.: Original: $404,890.32; final: $350,532.32; unused contingencies. I. Provide the original time of completion and the actual time: Original: 60 days; actual: 30 days. J. Response time from the original call to the time your staff was on site and ready to work (emergency projects only): Not applicable (non-emergency project). Tab 2 - Page 2 Page 820 of 1128 A. Name and location of project: CR54/CR547 12" RCWM Extension; Davenport, FL. B. Size and cost of the project: Approximately 800 feet of 12" reclaimed water, customized MOT, removing and rebuilding a portion of CR 54. $280,137.00. C. Project owner's representative name, address, phone number, and email address: Ryan Bengsch, EI, Polk County Utilities, 1011 Jim Keene Blvd., Winter Haven, FL 33880; office: (863) 298-4101; ryanbengsch@polk-county.net. D. Date project was completed or is anticipated to be completed: September 2018. E. The nature of the firm's responsibility on the project and equipment types: Killebrew was awarded a continuing services, multi-year contract Bid No. BVP 14-156 titled "Utilities Construction Services." On this project, our in-house services included all professional engineering, advanced MOT designs/certifications, AutoCAD design plans and record drawings, permitting, construction and record drawings. Our in-house construction services included open-cut pipe installation, road reconstruction (except milling and paving), and concrete work. Equipment used (and owned) included backhoes, track hoes, loaders, dump trucks, roller, compactors, and numerous small tools and supplies. F. Identify the key staff and their role on each project: Ian Lund: senior project manager and advanced MOT; Chuck Eisenhauer: general superintendent over all work performed on this contract; Bruce Herold: project superintendent over this project; Rich Bushart and Will Easley: cost estimating; Gary Oda: project designer and AutoCAD work; Bill Thomas, PhD, PE: professional engineering, contractor licenses, advanced MOT; 1 of our 14 foremen and crews for all construction services. G. Identify any subcontractors and their roles: NorthPoint Land Surveying: professional land surveyor services; Imperial Testing: geotechnical testing services; General Asphalt: milling and paving; Rangeline: wet tapping; Sabcon: horizontal directional boring. H. Provide the original budget and the final budget of the project. Explain the reason(s) for differences, such as owner requested change, contractor claim, etc.: Original: $281,003.09; final: $ 280,137.00; unused contingencies. I. Provide the original time of completion and the actual time: Original: 75 days; actual: 75 days. (Work had to be done while school was out for Summer break.) J. Response time from the original call to the time your staff was on site and ready to work (emergency projects only): Not applicable (non-emergency project). Tab 2 - Page 3 Page 821 of 1128 A. Name and location of project: Posner 20" WM Emergency Repair; Davenport, FL. B. Size and cost of the project: 20" water main emergency repair; $35,476.00. C. Project owner's representative name, address, phone number, and email address: Tim Todd, Polk County Utilities, 1011 Jim Keene Blvd., Winter Haven, FL 33880; office: (863) 298-4101; timtodd@polk-county.net. D. Date project was completed or is anticipated to be completed: February 13, 2019. E. The nature of the firm's responsibility on the project and equipment types: Killebrew was awarded a continuing services, multi-year contract Bid No. BVP 14-156 titled "Utilities Construction Services." On this project, our in-house services provided included MOT, open- cut pipe installation, restoration, and concrete work. Equipment used (and owned) included track hoe, loader, dump truck, compactors, and numerous small tools and supplies. F. Identify the key staff and their role on each project: Chuck Eisenhauer: general superintendent over this project; Rich Bushart&Adre Poleon: cost estimating; 1 of our 14 foremen and crews for all construction services. G. Identify any subcontractors and their roles: None. H. Provide the original budget and the final budget of the project. Explain the reason(s) for differences, such as owner requested change, contractor claim, etc.. Original: not applicable due to emergency (reactive) nature of project; final: $35,476.00. I. Provide the original time of completion and the actual time: Original: not applicable due to emergency (reactive) nature of project days; actual: 2 days. J. Response time from the original call to the time your staff was on site and ready to work (emergency projects only): 30 minutes. Tab 2 - Page 4 Page 822 of 1128 A. Name and location of project: Emergency Water Main Repair at CR 54 East of Lake Wilson Road, Davenport, FL. B. Size and cost of the project: 20" water main emergency repair under driving lane of CR 54; $70,324.00. C. Project owner's representative name, address, phone number, and email address: Tim Todd, Polk County Utilities, 1011 Jim Keene Blvd., Winter Haven, FL 33880; office: (863) 298-4101; timtodd@polk-county.net. D. Date project was completed or is anticipated to be completed: November 5, 2018. E. The nature of the firm's responsibility on the project and equipment types: Killebrew was awarded a continuing services, multi-year contract Bid No. BVP 14-156 titled "Utilities Construction Services." On this project, our in-house services provided included MOT, dewatering, open-cut pipe installation, restoration, and concrete work. Equipment used (and owned) included track hoe, loader, dump truck, compactors, and numerous small tools and supplies. F. Identify the key staff and their role on each project: Chuck Eisenhauer: general superintendent over this project; Rich Bushart&Adre Poleon: cost estimating; 1 of our 14 foremen and crews for all construction services. G. Identify any subcontractors and their roles: General Asphalt: milling and paving. H. Provide the original budget and the final budget of the project. Explain the reason(s) for differences, such as owner requested change, contractor claim, etc.: Original: not applicable due to emergency (reactive) nature of project; final: $70,324.00. I. Provide the original time of completion and the actual time: Original: not applicable due to emergency (reactive) nature of project days: final: 2 days. J. Response time from the original call to the time your staff was on site and ready to work (emergency projects only): 30 minutes. Tab 2 - Page 5 Page 823 of 1128 List in-house, full service capabilities. Include crew response time, crew availability, and equipment availability, including subcontractors. Killebrew's in-house services include professional engineering, advanced MOT design/certification, and construction. Our licensures in Florida include: Certified General Contractor, Certified Underground Utility and Excavation Contractor, Certified Plumbing Contractor, Class V Fireline Contractor, Stormwater Management Inspector, Advanced Maintenance of Traffic certification, Professional Engineering Business. We have approximately 100 full-time employees that comprise our 14 crews, project management, superintendence, estimating, and administrative staff. Killebrew's office is in Lakeland, FL, which is where it has been since its founding in 1989. All employees work from this office, and virtually all employees live in Polk County. Our in-house construction capabilities include open-cut utility construction, pipe bursting, horizontal directional drilling, asphalt patch paving, earthwork, concrete work, plant construction, plumbing related work, pump stations, water plants, and wastewater plants. We own over 200 pieces of equipment that are utilized in the performance of our services. An itemized list is too voluminous for one page. Highlights include: 5 pipe bursting rigs, 2 horizontal directional drill rigs, 10+ rubber-tire back hoes, 20+ track hoes up to 480-size machines, 15+ loaders, 3 bull dozers, vacuum excavators, broom tractors, compactors, rollers, 1 asphalt spreader, 3 water trucks, low boy (transport), 3 dump trucks, 3 material delivery trucks/flatbeds, fuel truck (service truck), mechanics' trucks, crew trucks, and passenger vehicles. Crews are available 24 hours a day everyday including nights, weekends, and holidays as needed. Our emergency response history with Polk County, almost all cities within Polk County, and most adjoining municipalities will attest that Killebrew responds quickly and consistently in emergency situations to provide full-service, turn-key construction/repair services. Our response time is typically within 30 minutes. Services most commonly subcontracted and the most commonly used subcontractors include: professional surveying (NorthPoint or CivilSurv), wet tapping (EA Tapping or Rangeline Tapping), milling and paving (General Asphalt), large-diameter and/or long (+800 feet) directional boring (Sabcon), geotechnical services (Imperial Testing, Madrid, Nadic), pre- and post-video services (Kathy's Video, Allison Lund), and sodding (D&J Lawn Services, Resmondo). Tab 2 - Page 6 Page 824 of 1128 Define in detail the components of the work for both a planned project and an emergency project, including applicable project management, design, permitting, and construction management and scheduling. Planned Project 1. Receive communication from County's Project Manager (PM) to review/discuss scope of work to obtain and ensure a comprehensive understanding of PM's desired results for the project. (For demonstration purposes of this task, project is assumed to be a pipeline within a public road right-of-way.) 2. Immediately call Sunshine One Call (811) for utility locate services in the proposed pipeline/roadway corridor for subsurface utility exploratory (SUE) work. 3. Prepare base drawings for design using aerial photography, property and parcel data using Property Appraiser and State GIS (LABINS.org) maps and data. 4. Conduct SUE work at site no sooner than 2 full business days after 811 call. Verify location(s) of existing utilities. Depict existing utilities on base drawings. 5. If right-of-way lines are ambiguous or maintained, order survey from subcontractor surveyor for verified right-of-way lines. Depict these on base drawings. 6. Identify available routes/options/issues on base drawings for proposed pipeline improvements (connections, groundwater, soil conditions, existing utilities, maintained vs. platted RNV, storm drainages, traffic/pedestrian corridors, vehicular and/or pedestrian MOT plans, potential detours, lane shifts, lane closures). 7. Develop potential solutions to issues and options for choices. Review/discuss these with PM to build consensus on solutions to issues and choices on options. 8. Develop design of proposed pipeline to meet project needs. Consider/utilize various construction techniques (open-cut, horizontal directional bore, jack and bore, pipe bursting, etc.) during the design phase to: (a) minimize cost to build the project while maximizing value, (b) minimize schedule to build project, (c) minimize disruption to pedestrian traffic, (d) minimize disruption to vehicular traffic, and (e) minimize disruption to neighborhood. 9. Finalize design with PM's approval. Apply for and obtain applicable permits (DOH, DEP, FDOT, Polk County Transportation Dept., SWFWMD are most common). 10. Prepare cost budget and submit to PM for PM to issue a PO to build the project. 11. Obtain PO, permits, and construction bond if applicable. Order materials. Develop project construction schedule. Schedule our crew(s) and subcontractors, as applicable. Schedule and conduct a preconstruction meeting with PM, and critical project members (Operations staff, key subs, etc.). 12. Coordinate/communicate with Public Information Office and/or homeowner's associations, neighborhood groups, etc. if needed for town hall meetings, water outage notices, restoration/traffic issues, etc. of upcoming work. 13. Construct and integrity-test project pipeline. 14. Prepare draft record drawings for regulatory agency clearance(s), if required. Submit for and obtain applicable clearance(s). Make final pipeline connections. 15. Prepare and submit to PM final record drawings complete submittal package (final record drawings with PLS/PSM and PE seals and signatures, drawing digital file(s), CSV file). Tab 2 - Page 7 Page 825 of 1128 Emergency Project 1. Receive call from County's lead on-site Operations staff member who will likely serve as the County's PM for communication purposes during the emergency repair field work phase. 2. Review/discuss emergency with PM to be sure we fully understand scope, extent, and nature of the emergency as best the PM understands it at that moment in time. Ask PM to contact 911 if he has not already for law enforcement assistance to help manage traffic if imminent danger exists to vehicular and/or pedestrian traffic until we can get a maintenance of traffic plan in place. 3. Immediately dispatch crew and equipment to scene. Dispatch materials procurement staff to get needed materials to make repair from our inventory if available, materials supplier if needed, or County inventory if County knows they have the needed materials on-hand and want to use them. 4. Focus primarily on the protection of public health, safety and property. Set up barricades, ribbons, equipment with flashers, light plans, variable message boards, etc. to eliminate to the fullest extent possible endangerment to the public and protection of property. 5. Contact County Com-C, assuming emergency is within a Polk County public right-of-way, to notify them of a potential road closure. If road closure is imminent, contact FDOT maintenance staff to advise them of closure to see if they have any nearby road closures that may conflict with the emergency closure. 6. Call Sunshine One Call if emergency is during normal business hours. Use IRTH if emergency is outside of normal business hours. Call utility providers on list from 811 ticket to find out who locators for the area are for other utilities and call them individually to explain the emergency and request their immediate attention to locate the area. We maintain a list of locator supervisors with various utility providers that we can contain directly to aid in expediting locates rather than solely relying on 811 for notifications to existing utilities in the area. 7. Set up MOT, and drive route to make sure it makes sense. Adjust if needed. 8. Set up bypass pumps and/or dewatering pumps if needed to get flow under control. 9. Commence excavation carefully now that MOT and bypasses are in place. Expose and assess the actual failure. Remove failed piece(s) of existing utility line and replace with new materials. 10. Reactivate the existing utility while excavation is open to ensure leak-tight connections were made. 11. Begin backfilling and restoration work. Remove bypass and dewatering systems. 12. If a roadway was excavated to make the repair, contact the County's Transportation Dept. to determine the desired patch cross-section for rebuilding the road. Then, rebuild the road. 13. Remove MOT devices. 14. Develop cost budget and submit to PM for PO issuance. This PM will likely be a different County PM than the one used for on-site communication and coordation. Tab 2 - Page 8 Page 826 of 1128 Provide the number of registered complaints/business violations filed with any State Department of Professional Regulation, Polk County Building Division, or any governmental Building Division. None. Tab 2 - Page 9 Page 827 of 1128 List employees available to erform the services. Name & Licensing Position Work History, ears Position/Occupation Current Employer Bill Thomas, PhD, PE President 9 19 (FL: PE, CGC, CUC, CFC, Adv. MOT, Class V Fireline Rich Bushart Gen. Mgr, VP 8 22 Ian Lund Sr PM, Safety 12 17 Adv. MOT Director, VP Denise Henderson CFO 5 21 Will Easley Estimator, PM 3 3 Adre Poleon Estimator, PM 5 1 Gary Oda Designer 20 2 Hunter Elliott Project 6 1 Coordinator, Asst. PM Chuck Eisenhauer Gen. Supt., 11 37 Oen-Cut Jimmy McCormick Gen. Supt., 11 25 Rehab Bill Hilyard Project Supt. 11 11 Juan Huerta Project Supt. 5 19 Bruce Herold Project Supt. 12 18 Darrell Fisher Project Supt. 7 7 Billy Wolf Foreman 10 14 Kenny Braswell Foreman 9 9 David Dease Foreman 11 11 Jeff Paskey Foreman 20 3 Michael Fisher Foreman 6 6 Pedro Rebollar Foreman 6 6 Roger White Foreman 8 2 Mike Monday Foreman 8 11 Nick Adamson Foreman 6 9 Kevin Mitchell Foreman 10 21 Willie Burton Foreman 7 7 Carlos Vargas Foreman 10 2 Jesse West Foreman 3 3 Roy Stalvey Foreman 1 8 8 The remaining individuals of our 100-person staff will not be listed individually but are of the utmost importance and are critical to our success. Remaining staff include the following positions: operators, pipelayers, laborers, mechanics,truck/transport drivers, administrative support Tab 3 - Page 1 Page 828 of 1128 Organizational chart Bill Hilyard Bruce Herold Darrell Fisher Juan Huerta Project Superintendents C Cn >' o 0- o Q — = Cn �o ;n w Ma o M � �, Q = o 14 foremen &crews W O i U � o L � U Q W U)_ (Subcontractors) Kellly Burns, Sabcon Mike Myers, General Asphalt Pat O'Leary, a NorthPoint L Craig Fuller, PE, 0 L 75; O CivilSury J m AI McGhin, PE, LU a ° Imperial Testing CU aU j U Fabiana Pouso, m Cn U) L&S Diversified Cn 0) Cn E m Larry Madrid, PE, Madrid 0 0- 2 Daysy Pascua, ~ D&J Lawn Services m (U L O 0, (Suppliers) CU (D o Ferguson WaterWorks Alfonso Materials O °n' m j Fortiline o 3 Administrative Support = Staff Tab 3 - Page 2 Page 829 of 1128 BILL THOMAS, PhD, PE EXPERIENCE: 31 YEARS EXPERIENCE IN CONSTRUCTION AND ENGINEERING EDUCATION: DOCTOR OF PHILOSOPHY& MASTER OF SCIENCE IN CIVIL ENGINEERING, UNIVERSITY OF SOUTH FLORIDA BACHELOR OF SCIENCE, GEORGIA SOUTHERN UNIVERSITY REGISTRATIONS& FLORIDA PROFESSIONAL ENGINEER, No. 50664 CERTIFICATIONS: FLORIDA CERTIFIED UTILITY& EXCAVATION CONTRACTOR, CUC1224160 FLORIDA CERTIFIED GENERAL CONTRACTOR, CGC1515807 FLORIDA CERTIFIED PLUMBING CONTRACTOR, CFC1428425 FLORIDA FIRE PROTECTION SYSTEM CONTRACTOR V, No. 19741400012010 FDOT ADVANCED MAINTENANCE OF TRAFFIC CERTIFICATION FDEP QUALIFIED STORMWATER MANAGEMENT INSPECTOR MODIFIED CLASS II TRAINED FOR ASBESTOS-CEMENTITIOUS PIPE GEORGIA UTILITY MANAGER, No. UM101880 WORK EXPERIENCE: KILLEBREW, INC., General Manager to President, Lakeland, FL 2000 - Present Management of up to $25M annual revenue company and up to 150 employees, to include daily operations, budgeting, business strategic planning, estimating, and project management. Professional engineering design, hydraulic modeling, and permitting. Bid preparation and review. Customer/client relations and technical sales. POLK COUNTY UTILITIES, Engineer/Engineering Manager, Bartow, FL 1990-2000 Design, permitting, and construction management of capital improvements projects. Permitting/permit renewals of water and wastewater treatment facilities. Hydraulic modeling for capacity and water quality evaluations. Research/evaluate treatment technologies and equipment. Manage Repair and Replacement Capital Improvements Program ($3M - $7M annual budget). Contract management of consultants and contractors for design, permitting and construction services. APAC-GEORGIA, Project Manager/Engineer, Augusta, GA 1987-1990 Manage utility and roadway construction projects for cities, counties, Georgia Department of Transportation, and Federal Highway Administration. Field surveying and construction layout. Cost estimating, bid preparation, and project management. Adjunct Professor, University of South Florida, Lakeland, FL 1998 Teaching undergraduate environmental engineering core courses. Tab 3 - Page 3 Page 830 of 1128 RICH BUSHART EXPERIENCE: 31 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: WESTFIELD HIGH SCHOOL WESTFIELD, IL WORK EXPERIENCE: KILLEBREW, INC., Pipelayer to General Manager, Lakeland, FL 1997— Present Manage construction of multiple projects ranging from $50,000 to $25,000,000 in size. Nature of projects is new and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to-day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, estimating, meeting and coordinating with engineers, owners, and inspectors. MID-STATE PAVING, Foreman, Auburndale, FL 1992-1997 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. PHILLIPS&JORDAN, Foreman, Dade City, FL 1988-1992 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Tab 3 - Page 4 Page 831 of 1128 IAN LUND EXPERIENCE: 19 YEARS EXPERIENCE IN CONSTRUCTION AND SURVEYING EDUCATION: KATHLEEN HIGH SCHOOL, LAKELAND, FL UNIVERSITY OF SOUTH FLORIDA, TAMPA, FL WORK EXPERIENCE: KILLEBREW, INC., Senior Project Manager/Estimator/Safety Manager, Killebrew, Inc., Lakeland, FL, 2005 - Present Construction cost estimating, managing, and design of projects ranging from $5,000 to $20,000,000 in size. Nature of projects is site development, new and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include take-offs, pricing, bid preparation, meeting and coordinating with engineers, owners, inspectors, subcontractors and in-house superintendents and crews. Design experience includes working with in-house professional engineering staff, CAD staff, owners, right-of-way entities, and other utilities for the design and permitting of utility projects of similar size and scope and described above. Design duties include preparation of maintenance of traffic plans under the direct supervision of a professional engineer, meeting with owners and right-of-way agents to review, discuss, and finalize maintenance of traffic plans; design of utility and pipeline project under the direct supervision of a professional engineer; and preparation of regulatory agency permit applications of these projects. Maintenance of traffic education instruction experience includes working with in-house Advanced Maintenance of Traffic Certified Instructor and Florida Professional Engineer to prepare coursework and administer course and field training for flagging courses and certification; prepare coursework and administer course and field training for intermediate maintenance of traffic courses and certification; and administer and assist in grading exams of flagging and intermediate courses. NORTHPOINT LAND SURVEYING, INC., Rodman to Surveyor, Lakeland, FL 2000 —2005 Survey crew member(rodman to party chief)for site surveying, to include construction layout, as- builts, parcel surveying and mapping, and mortgage surveys. Tab 3 - Page 5 Page 832 of 1128 CHUCK EISENHAUER EXPERIENCE: 38 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: WESTERN WAYNE HIGH SCHOOL, SOUTH CANNAN, PA WORK EXPERIENCE: KILLEBREW, INC., Foreman to General Superintendent, Lakeland, FL 2004— Present Manage construction of multiple projects ranging from $5,000 to $12,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. UTILITY PIPING SYSTEMS, INC., Foreman, Utility Piping Systems, Lakeland, FL 1981-1989 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Tab 3 - Page 6 Page 833 of 1128 JIMMY MCCORMICK EXPERIENCE: 32 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: KATHLEEN HIGH SCHOOL, LAKELAND, FL WORK EXPERIENCE: KILLEBREW, INC., Foreman to General Superintendent, Lakeland, FL 1993 — Present Manage construction of multiple projects ranging from $5,000 to $12,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. B&J CONCRETE, Foreman, Lakeland, FL 1991-1993 Foreman for pipe construction and concrete of new utility construction projects. Nature and Scope are 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries, sidewalks, curb and gutter, retaining walls, etc. EMPIRE PIPE, Foreman, Lakeland, FL 1980-1991 Foreman for pipe construction of new utility construction projects. Nature and Scope are 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Tab 3 - Page 7 Page 834 of 1128 DARRELL FISHER EXPERIENCE: 41 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: LAKELAND HIGH SCHOOL, LAKELAND, FL WORK EXPERIENCE: KILLEBREW, INC., Foreman to Project Superintendent, Lakeland, FL 2012 — Present Manage construction of multiple projects ranging from $5,000 to $12,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. SWELL CONSTRUCTION, Foreman, Oviedo, FL 2011-2012 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. CATHCART CONTRACTING, Foreman, Winter Springs, FL 2009-2011 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. MARLON DUNN CONTRACTING, Foreman, Plant City, FL 1994-2009 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. TRUJILLO CONSTRUCTION, Foreman/Operator, Winter Haven, FL1991-1994 Field supervision and management of jack and bore operations, sizes from 2" to 80". PROFESSIONAL CONTRACTING, Foreman/Operator, Lakeland, FL 1989-1991 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. UTILITY PIPING SYSTEMS, Foreman/Operator, Lakeland, FL 1978-1989 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Tab 3 - Page 8 Page 835 of 1128 BRUCE HEROLD EXPERIENCE: 25 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: LAKELAND SENIOR HIGH SCHOOL, LAKELAND, FL WORK EXPERIENCE: KILLEBREW, INC., Pipelayer to Project Superintendent, Lakeland, FL 1997 - Present Manage construction of multiple projects ranging from $50,000 to $5,000,000 in size. Nature of projects is new and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to-day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. MARLON DUNN, Pipelayer, Lakeland, FL 1994 - 1997 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Tab 3 - Page 9 Page 836 of 1128 JUAN HUERTA EXPERIENCE: 19 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: WEST BRIDGE SECONDARY SCHOOL, GRAND RAPIDS, MI WORK EXPERIENCE: KILLEBREW, INC., Pipelayer to Project Superintendent, Lakeland, FL 2000 — Present Manage construction of multiple projects ranging from $5,000 to $5,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. Tab 3 - Page 10 Page 837 of 1128 BILL HILYARD EXPERIENCE: 22 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: MARATHON HIGH SCHOOL, MARATHON, FL WORK EXPERIENCE: KILLEBREW, INC., Foreman to Superintendent, Lakeland, FL 2008— Present Manage construction of multiple projects ranging from $5,000 to $5,000,000 in size. Nature of projects is new and rehabilitation site development, utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. SWELL CONSTRUCTION, Foreman, Christmas, FL 2005 - 2008 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. PIONEER CONSTRUCTION, Foreman, Auburndale, FL 1997 - 2005 Field supervision and management of new utility construction projects. Nature and Scope are 2- inch to 72-inch pipe of various types, pump stations, structures, and ancillaries. Tab 3 - Page 11 Page 838 of 1128 GARY ODA EXPERIENCE: 20 YEARS OF SURVEYING/CONSTRUCTION EXPERIENCE 3 YEARS AS A CORRECTIONAL OFFICER/PROGRAM DIRECTOR/ CASE MANAGER EDUCATION: COASTAL GEORGIA COMMUNITY COLLAGE UNIVERSITY OF ADVANCE COMPUTER TECHNOLOGY ITT TECHNICAL INSTITUTE ST. ANNE HIGH SCHOOL CERTIFICATIONS: AUTOCAD CIVIL 3D - USING GIS MAP DATA IN CIVIL 3D ENVIRONMENT AUTOCAD CIVIL 3D FOR SURVEYORS AUTOCAD - LAND DEVELOPMENT LEVEL 1 WORK EXPERIENCE: KILLEBREW, INC., Project Designer, Lakeland, FL, 2017 - Present Design, permitting, and construction management of capital improvements projects. Permitting/permit renewals of water and wastewater treatment facilities. Hydraulic modeling for capacity and water quality evaluations. Utilizing an array of different ideas, sources, supplied survey data, GIS data & PDF markups to produce highly informative and highly detailed final submittal drawings, record drawings and conceptual designs. BHA GROUP, CAD DESIGNER, FOLKSTON, GA, 1997-2017 Create complex fabrications, installation and purchase drawings from engineer sketches, OEM drawing and actual parts. Responsible for laying out and designing mechanical and structural assemblies. Create 3D drawings of mechanical parts and assemblies. US AIR FORCE,Aerospace Ground Equipment Technician,1984-1997 Responsible for ground technical equipment; maintenance and repair. Tab 3 - Page 12 Page 839 of 1128 ADRE POLEON EXPERIENCE: 4 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: GEORGE JENKINS HIGH SCHOOL, LAKELAND, FL UNIVERSITY OF FLORIDA, GAINESVILLE, FL WORK EXPERIENCE: KILLEBREW, INC., Estimator/Project Manager, Lakeland, FL 2018 - Present Estimate and project management of multiple projects ranging from $50,000 to $2,000,000 in size. Nature of projects is new and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 60-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. PAUL DAVIS RESTORATION, INC., Project Manager, Lakeland, FL 2015 - 2018 Manage construction of multiple projects ranging from $5,000 to $25,000 in size. Nature of projects was new and rehabilitation of homes due to water, fire, and mold damage. Duties included day-to-day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. Tab 3 - Page 13 Page 840 of 1128 WILL EASLEY EXPERIENCE: 30 YEARS EXPERIENCE IN THE CONSTRUCTION INDUSTRY EDUCATION: CHEROKEE HIGH SCHOOL, ATLANTA, GA ART INSTITUTE OF ATLANTA,ATLANTA, GA SOUTHERN TECHNICAL COLLEGE,ATLANTA, GA WORK EXPERIENCE: KILLEBREW, INC., Estimator/Project Manager, Lakeland, FL 2016 - Present Estimate and project management of multiple projects ranging from $50,000 to $2,000,000 in size. Nature of projects is new and rehabilitation utility construction of water, wastewater, stormwater, and reclaimed water systems. Scope of projects includes pipe sizes from 2-inch to 60-inch pipe of various types, pump stations, structures, and ancillaries. Duties include day-to- day management, supervision, scheduling, and coordination of crews, subcontractors and suppliers, meeting and coordinating with engineers, owners, and inspectors. AUTOMATED BUILDING CONTROLS SYSTEMS, Project Manager, Lakeland, FL 2009 - 2016 Layout, design, cost estimating, and installation of HVAC controls, key access, security and fire alarm systems. BL SMITH GENERAL CONTRACTORS, Project Manager, Lakeland, FL 2004 - 2009 Layout, design, cost estimating, and manage construction of remodels, new construction, and storm renovations of commercial buildings and facilities. Tab 3 - Page 14 Page 841 of 1128 Demonstrate each key staff's availability and office and home location to respond to the needs of the project. Please remember that you will also need to identify the key staff identified to be used under the subcontractors as identified above. Staff Member Office Home Availability Bill Thomas Lakeland Riverview Given that this Rich Bushart Lakeland Lakeland contract is an Ian Lund Lakeland Lakeland indefinite delivery, Denise Henderson Lakeland Lakeland indefinite quantity Will Easley Lakeland Winter Haven (IDIQ) contract, it is Adre Poleon Lakeland Eagle Lake impossible to Gary Oda Lakeland Lakeland speculate about Hunter Elliott Lakeland Lakeland resource needs, Chuck Eisenhauer Lakeland Lakeland demands, especially Jimmy McCormick Lakeland Lakeland staff commitment or Bill Hilyard Lakeland Winter Haven availability. Juan Huerta Lakeland Winter Haven We are proud to state Bruce Herold Lakeland Lakeland though that we have Darrell Fisher Lakeland Lakeland never failed to deliver Billy Wolf Lakeland Lakeland on IDIQ contracts or Kenny Braswell Lakeland Lakeland conventional project- David Dease Lakeland Lakeland specific contracts. Jeff Paskey Lakeland Winter Haven Michael Fisher Lakeland Lakeland Killebrew has always Pedro Rebollar Lakeland Lake Alfred been successful in Roger White Lakeland Winter Haven delivering the needed Mike Monday Lakeland Polk City services in a timely Nick Adamson Lakeland Winter Haven manner to meet the Kevin Mitchell Lakeland Frostproof needs of every Willie Burton Lakeland Lake Wales project, from Carlos Vargas Lakeland DeLand emergencies to Jesse West Lakeland Plant City planned, long-term Roy Stalvey Lakeland Polk City projects. Al McGhin Lakeland Lakeland Larry Madrid Bartow Bartow Eze Nnadi Maitland Maitland Fabiana Pouso Lakeland Lakeland Pat O'Leary Lakeland Lakeland Craig Fuller Lakeland Lakeland Kelly Burns Winter Haven Winter Haven Mike Myers Lakeland Lakeland Daysy Pascua Lakeland Lakeland Darren Alfonso Thonotosassa Thonotosassa Ferguson Winter Haven Winter Haven Tab 3 - Page 15 Page 842 of 1128 List subcontractors to be used and their location from which resources will be committed to the Project. Include the subcontractors' capabilities and experience relative to this RFP's scope of service. Submit a copy of their applicable licenses and/or certificates qualifying them to perform the work. Given that this contract is an IDIQ contract, it is not possible at this time to specify resource (staff and/or equipment) commitment; however, subcontractors and suppliers listed below are frequently used by Killebrew on IDIQ and project-specific contracts and are fully capable of meeting the needs of our projects. The table below provides the contact person, company name, office and home locations, and service(s) provided. Evidence of their Iicensures are provided following the table. Staff Name/Company Office Home Service(s) Al McGhin/Imperial Testing Lakeland Lakeland Geotechnical testing & engineering Larry Madrid/Madrid Bartow Bartow Geotechnical testing & Engineering engineering Eze Nnadi/Nadic Maitland Maitland Geotechnical testing & engineering Fabiana Pouso/L&S Lakeland Lakeland Surveying Diversified Pat O'Leary/NorthPoint Lakeland Lakeland Surveying Land Surveying Craig Fuller/CivilSury Lakeland Lakeland Surveying & engineering Kelly Burns/Sabcon Winter Haven Winter Haven Directional boring Mike Myers/General Lakeland Lakeland Paving Asphalt Daysy Pascua/D&J Lawn Lakeland Lakeland Sodding Services Darren Alfonso/Alfonso Thonotosassa Thonotosassa Materials supply Materials Various staff/Ferguson Winter Haven & Winter Haven & Materials supply Tama Tampa Cindy Whiting/Diamond Leesburg Leesburg Trucking Logistics Tanya Ruff/Dirt on Tampa Tampa Aggregate supply Demand Kathy Kahan/Kathy's Longwood Longwood Video Video Tab 3 - Page 16 Page 843 of 1128 dr dbr STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL ENGINEERS BOARD OFpROFESSIONAL=ENGINEERS NG THE ESH REIN IS AUTHORIZ OE HE ENG NEERI GflU5 NESS}iEREIN ISAUiJrlP0.12ED UNOEft THE PROVISIONS OF CHAPTER 471 FLORIDA S T STATUTES E PROVISIOjJ50F CHARTEJ2471,FLORIaA ETQTUT" IMPERIAL TESTING&ENGINEERING,INC. MADRILI°,EN¢IN1EERING GROVP,INC. MPENALTESTING—RATCRIES 'pd�z6R 6QE R 9 BA OW L�E.aR LICENS O FL33000W0 , E. CA2939 NSENSEE. I� E%PIRATON UATE FEBRUARY 20,MI Ex A{4,�FLeA 28.2021 Q ❑ ssyo,r cen unavrtu oay tnantne censee to uaet sada neat O� ❑ Tszvu ce se. zun��awfu foranyone oinertivntneeensee,o uze tns0ocumeni. a o,r.ayae.ae �k��r fir ,51 ._. ; STATE Of FLORIDA STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DEPARTME NT O F B US IN ESS AND PROFESS I ONAL REGU LATION BOARD OF RROR*IONA(EINGINEERS BOARDOR,PROF S$IONAI ENGINEERS THE ENG RNG RUB)NES�HEIjnNISAt�Rji,51 1;Fp N ER HE PROFE559NALENGINEf,RF{EREIM tS{iI€NSFP,UnoER THE P. SIONS OFfmHAiiFE8471 F40R�pA�6fjt'[iF5 T THE PR6V1510NSOF*y`ryAPT.4]1 FL'RI AbTATUTFS NADIG E�JGERING SERVIE$„INC. N.EKANE4 &1LEX ,.4oLN Fkm Lvp, aa;NEEEv R 'euANbb 4 NS _N [PB 1 _ - If Nsr NU1R FR PF£8 t£ C.EI RATwNNf, FA -FoAT[,�'`EEeROARv 2a.2o2F. lo T,y,yo�r a",e,e��awl�to a yo�eo,neanenlne�o�,�lo�.olneaowme�t oh T,,,a���t .� ,o eo ne @„�t�„�R,na�man, r Florida Department of Agriculture and Consumer Services Division of Coosa—Services License Nn,:LB7829 Board Df Professional Surveyors and Mappers Expiration Dale Fehruary28,2021 2005 Apalachee Pkway Tallahassee,Florida 32399.5500 Professional Surveyor and Mapper Business License Under the provisions of Chapter 472,Florida Statutes L&S DIVERSIFIED,LLC 405 LAKE HOWELL RD STE 1001 n ,� / MAITLAND,FL 32751-5926 NICOLE"NIKKI"FRIED COMMISSIONER OF AGRICULTURE T rRS is To Lcrhfy Ihn1 tk protosi—I—yam and mapper wYb--and rd d..ue rhawn.ahavc it lirnnsed RS Ivry Red by C mrkt 472,Flcti,b S1almm ......... ............ ............ ............ ............. ............. ............ ............ ............ ............. ............. ............ ............. ............ ................. 1 PATRICK JSEPHOLEARY Con lailll1 o 2654 MAGNOLIA AVE,LAKEL ND,FL 33812-403C, L�°C7G1[ Licenstta Type Liicense# 155ued Explore% Sk tvs Sur eyor and Mapper LS5130 67t31A32 0212B.11 9 Alive Surveyor of Ref-00d For L86892 "1116.X)8 4j2i�1&191 Arnve I 1 Tab 3 - Page 17 Page 844 of 1128 ry 11 6lulervn ai Coax 5 aevx 1 ,cmnm°, r ,.,,r.,,° BOARD OF PRCFESSSION/AL SUBVfYOBS AND MAPPERS dr Qw APPDCAPpN FpSE CfBPFI✓rATE PF 61R1NXRZAPON Jp� NICOLE,wJ R,E'FNIE6 n, STATE OF FLORIDA 1 -371 FIr LI SI°lll- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OFPRO§,ESSIONAL ENGINEERS THE ENG NEERIN6�V31NE93 H6R�IN A$AlITI1�PR12F�P UNDER THE PROVISIONS OF{HAPT4R 471,RLORII ASTATUTES E�i.,r�M1pY LI{'lliRg CI V4 I)RN F,.$ GR(1,U,P,INC =r?523 pRANEpMN DELD Rp.STf�] 13,,il 51,— ClR VVVSWN(;R/11'�P,lFS'l:, 4fiK.Gt2ND F,l3�1��, 1'I:EN 15r.i.rriv.�Idiruv .5:5DR1.NE171143l RBSFE7 LIC[MS_EN R EA2e9&e- f_4KFl 1\I),il�rrida,iiN11-13MI ERRPOND�T£FEBRUARv 2$202] ldnrlirvt Adrlmav E52511l 1NF FIE 11 REI SFI.T A-,°earvi,1111,om�a,arwvFionmr�ar,m.mm I,Al ANLi,FIU-,dx.9,'iell-I W 0 AC7 ; 9drc )7 eel( I. Do rorarer c.:aon,ne r a�rr tura. I'd 0 Trs svvur mase.,srnewfl mrxmone or rermxn me maveemuse ms eammenE iSr uvsM M3.fi4fi Y]'fl 1 sx M3.646-.L379 a,r�a�,Aaaa ,a EM=,�aET,a.dbr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTI0144II44USTRY LIO..Es'-s,,N''SING BOARD THE UNDERGROUNDuT UTY&EX,;'y 4N GQ Hcr+rs.N 15 CERTIFIED UNDER THE ROVISIONS OF4IAPT6R 489,FLORIPA3TFITUTES J' AO'NEljvDANJWJP ES'6, "�3A&D{iN UNf�iER4ROUNRI�LC 1]8Pp NDE 9{+p WINT�'R HADOEV�td RLaBa NINN.U EXERAN oN DATfi.A44U5T 31,2020 oP ❑ Tll6 �,fi-,—Ir„DIa—IR aaroaeo-rIFaarnel1e—E,relh,a--1, The remaining subcontractors and suppliers do not require a professional license in order to provide their services. Tab 3 - Page 18 Page 845 of 1128 Describe your approach and methodology to provide the scope of services requested in this RFP. We applaud the County for this RFP, which is an innovative alternative procurement method to design-bid-build. The County's request for approach and methodology, in our opinion, fits our management plan. It describes and illustrates how we will accomplish the work assignments within budget and meet project schedules. This is one of the most important elements of any project and should never be taken lightly. The exact, detailed scopes and schedules of work are uncertain at this time, which is the nature of IDIQ work. However, Killebrew is proud to say we excel at innovation in design and construction. Our design/build services, without fail, prove time and again that we are the most qualified for contracts of this type. Our design staff and construction management staff work hand- in-hand on a daily basis allowing us continuous opportunities to cross this boundary, which is all too often problematic in conventional design-bid-build projects. The design-bid-build scenario is designed to create adversaries among the contractor, engineer, and owner, particularly against the contractor. The engineer attempts to transfer all liability, responsibility, and fault to the contractor through "means and method" clauses within the specifications. The owner expects the engineer to design a reasonable, buildable, and cost- effective project, which frequently does not occur. The engineer is motivated to refute responsibility for a design flaw because the owner might expect the engineer to pay for the mistake, so the engineer attempts to pass all responsibility to the contractor for anything the engineer might not be sure about. Engineers who believe and will admit that there never has been a perfect set of design plans simply do not exist anymore. In contrast, on design-build projects, everyone tends to look out for each other more by identifying potential problems or issues earlier than they are typically recognized and resolved in design-bid-build work. By partnering (design- build)the owner, contractor, and engineer tend to be more proactive and look out for the collective good in the pre-construction phase of a project to develop constructability and cost-saving ideas for the engineer to include in the development of construction plans. Time, money, and quality of work are what define success for us and the owner on any project. Recognizing the quintessential value of these three important elements of design, permitting, and construction is absolutely mandatory for an owner, engineer, and contractor to successfully and satisfactorily design and build a project. In our opinion, the owner must bear the burden to stress a teamwork approach to its design and construction teams on any project. Through implementation of this understanding and vision of teamwork, the classic adversarial relationships between the owner, engineer, and contractor in the ever so popular design-bid-build scenario are minimized. In order to help meet the owner's time and budget goals, we must insist on a single point-of- contact from each the owner and the engineer. We will have a designated project manager who serves as our point-of-contact for the owner's and engineer's project communications. This eliminates too many "chiefs" and streamlines communication among all parties on a particular project. As we are sure the County has experienced before, when any party does not have a designated point-of-contact, lines of communication will break down and/or different people will have different ideas of what needs to be done and how it needs to be done. The result of this is usually a higher cost to one or all parties, a longer project timeline, and not delivering exactly what the owner wants or needs. Tab 3 - Page 19 Page 846 of 1128 One of our core beliefs is teamwork: top down and bottom up, this is our standard operating procedure to have a single project manager on each project.All of our information will flow through that individual to ensure proper and correct communication, efficiency in construction,which result in completing a project on time and on-budget or under budget. It is not uncommon for us to have a lower-tiered staff member to be the project manager and issue directions to higher-tiered individuals, and vice-versa. We utilize the strengths of individuals best-suited for a project based on the nature and complexity level of a project. Through our teamwork approach and professionalism, we are proud to say we continue to enjoy repeat business from our customers. Our projects listed herein are a result of our management plan in action. We approach any project, whether it is design-bid-build or design-build with an open mind and with the primary concern to meet our clients' needs. Oftentimes, a design can be enhanced through slight modifications that will provide the owner with a more desirable finished product and often at a lesser cost. For example, on a horizontal construction project, such as predisinfected water main pipe bursting, we have manufactured specialty equipment to more efficiently cut/burst the host pipe to better accommodate pipe bursting. Additionally, on horizontal projects, should an area arise that is determined to not be feasible for pipe bursting, we can easily involve our design team to quickly design and permit a solution. This solution may be to design an open-cut installation or possibly a horizontal directional drill alternate. This saves time and money for all parties involved because there is no down-time waiting on the owner to solicit the services of an engineering firm for these modifications. Lastly, an added advantage of our in-house services are concrete work and asphalt patch paving. We can perform these services ourselves such that if there is an area of high sensitivity for restoration, we can immediately have our crews place priority on these areas to minimize or eliminate potential issues should restoration need to be accomplished immediately. For emergency work, the staff that will be constructing this work are local to the area and can provide immediate response to the County when and where needed. 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W a a m T-- Im � N 0; L 0 w Z o W D a Company name: Killebrew Inc Address: 2830 Winter Lake Rd, Lakeland, FL, 33803 Years at address: 20 Number of Employees: 100 POMCIDUNrYUZAL W5114MUXR pr Aut�Tiray - N UNT . KCA _TFDRIA&MLLm C I1^ MC VANTE z LAKE .. „. _-. a AK D NUSNNEWNAME AND HUtaiNG ADDRESS CODE ACTmTY7YPE 50 CONTRACTOR GENERAL M"BREW,INC MOO COMMCTORFUMEMNS PO BOX Mi 230M CONTRACTOR UNUMMROUNU UTILEW L.N1FC,rL s£ItiB7 "0120 PROFMION&ENGINEER. PROFESS 10INALUCISEMA, {OFFICE GF JOE G.TEDO R,CFC�Ta X COLLECTOR Tn�A ryas �Aa1rI TAx r� _..._... ACAs^4i6eLl�p�ttTh1� IraeD®s��AT14Ia s P�Z`d—�E®247�. flfl3..flI11 ®7��81EUlE fl7'1�8dfl�8 M66 � E�d7'S Company name: CivilSury Address: 2525 Drane Field Rd, Lakeland, FL, 33811 Years at address: 2010-Present. Number of Employees: 32 RCLK CCUt17Y LOCAL.EIUB€NESS TAX REd:tIPI ACCOUNT NO, 134,3 CL1AS&8 EXPIRES.. 913012DI OWNER NAMELOCATION JQHX1 N BRELOJh 2525 DRANE HELD AD STE T LAtKE'LAN€1-IN BUSINESS NAME:AND MAILING ADDRESS CODE ACTIVI7Y TYPE 599484 PRUFESMNAL 940NEPR CNILGAA W DEMO#CIWAOUP INC 640240 SUIR'YES`YSIR MAPPER 96425 IDRANE F1ELO AD � STE Y LAIKELAND,FL 9981$-+1964 J.' FPYSFE'SSION:.Y.LICENSE{IM1�AF'ial..14.ALi;..E1. `"�..,, OFFICE �^ .�mssA {* g� �I Cr-C' //++ y�,y COLLECTOR py .,, » "°• OFFICE OF JOE Q' TF4�DF ,Cr-C K IAA}ti'ff4+h�LECTOR -NS NGLK G OUNP VA IN k65 TM q Ndl::m RAID-1500159.09101-0001 N9128d21118 GV2d1201A CFM 154 5.7.75 JOHN BREED Tab 5 - Page 1 Page 865 of 1128 Company name: D & J Lawn Services Address: 5337 N Socrom Loop Rd, Lakeland, FL, 33809 Years at address: 9 Number of Employees: 6 PQLK WUNTY LOC AL.BUSMSS C,AX REMP7' d rMOUNT,NCI. 139320 CLASS:., _EXPIRES;W3012019 '.. 01AWER NAME LOCATION MARTJNFP,JOSE A 575 OLD PQLK.CITY RD LAKELAND BU.SHMMI NAPAF AND MAIUNT,ADDRESS CODE h?,`TN,I Tr7"r'PS W10000 UD fhTHdER.SUiNICES d J LAWYM MMV4VE5 QP LAKEL AND LLC J, 533711$QGRUM LOOOP RD t ys ti STETBIT '�. LAKELAND,Ft 33BOB na OFFICE Of JOE G.TEDDEFR,CFS-TAX X COLL€ TOR m s�N SP,u4AkL4 uRb�'ss* ��.rvF I nr.£6:�.s[brt PAI#-3.523L14.0002-0001 DW!2,JMB 07,112'120LO Uff L59 31,5.0 AA'e:SY PAHA Tab 5 - Page 2 Page 866 of 1128 Company name: L&S Diversified Address: 3929 Anchuca Dr #17, Lakeland, FL, 33811 Years at address: 4 Number of Employees: 5 CITY OFLAKELAND BUSINESS TAX RECEWT upi'res 5 WleW� rt6M I M,�PArK5rX-hv',rVS A,,k?,I.OkFO I a,Fi 33901 Account Number: 139602yj 71-b,--t.,-mz!do -r K.'rul4v-e,Walpr Z�opefale 41 Vi(j!bL'L'1 am ciz.r aw, qww�ce C" sq—e It bn app—rd Ph,( r P,,we5s 'a o,;sav!�,'i-0:C,—g rs 71'q r-.!!,p1 LQ .�- -drpm dm.p;—� h,n,S,,Jy 5 5kill 0,w"tpew"a 01 lhe 21�26'ANCHUCLA DR.'17 L& LLC SH ERFrV L;E MANOR,KMOLN 4• LAXL HVWIFF,eL R P NIJ17F,4.0;1,1 MA17LANWL 327Si ru C.FMT Mj5T M C-ONSPICUOUky DISNA"M N TOA PACE OVlkuSmLss VAL D CALT MIEN SGNM Company name: Gulf Coast Road Boring Address: 1065 George Jenkins BLVD, Lakeland, FL, 33815 Years at address: 25 Number of Employees: 5 IT'," OP A', AKE1 AND ......................... - —--------- BUSINESS TAX RECEIPT Expiru�orl9130�2019 TOX Qlfi*„',2.20 MOMX 3 Aft Atcount Number: 11232909 u—. H,n—,,Q, F,,d k k m.Ai y L k,o,i x c,.nc-,'Si "t gAA -1141,.5"r Zs is nsThi,R, ltd. —w wnwwwar,endorern'n'J,l vvRl a, �t7 J ran M f he rr t,,W lh d Uc�'�101dpr wdhodw' 106E U:C4RZI:U NKIM R , la3 r3er8asl� sl it.,s L.0 CQAST TMr.iNG M'n W W1 JJAM A W.-R, ncGr oiza ENKINS M, LAKLONOP,;1W, RK,011 F"U51 M5PL Y[i INYOUR PLAF 0i Tab 5 - Page 3 Page 867 of 1128 Company name: Sabcon Underground Address: 1730 Dundee Rd, Winter Haven, FL, 33884 Years at address: 6 Number of Employees: 28 pmx CrA04TY W(A!,,00,11NN9$TAX REMPT ACCOUNT-NO 12196 CLASS:,A EXPIRPS.: 903B0'Dl!i "WWR hv.MF LQUA N BIMNSAELLIE.'F-FIES 1,-40 DUNDKE RD NNTE R RAW EN GIME ACTIVMYTYPE 2MB& LTr,MUN'LICINUM,C00TRUCTON $A$C0ftlJNDEKUR0tM0 LLQ RD WNTER HAW EN,FL 3-MU k, VAUEMMNAL�AMN'SEOFAMUCAULL'I OFFICE OFClE G.TED DER,CFC( TAX COLLECTOR 09viV2018 UVIVM6 CFM IL9 3L50 A&HLk,* MARBI Tab 5 - Page 4 Page 868 of 1128 Please explain how the submitting firm will encourage minority participation in the project: Killebrew Inc works diligently to ensure W/MBEs are participating in this project such as, pre/post construction videos, surveying, material supplier, rock and dirt, and testing. Killebrew has received quotes from these contractors and for the duration of this project will continue to request quotes from the following agencies. Florida Minority Supplier Development Council, Women Business Enterprise National Council, The State of Florida Office of Supplier Diversity, Florida Department of Transportation, U. S. Small Business Administration, Other Florida governmental agencies, and Federal Aviation Authority. Once a quote is acquired Killebrew will assist with all and any aspects of construction; Scheduling, project management, coordination, estimating, and engineering if necessary. Killebrew Inc has received pricing, quotes, and scheduling from five W/MBEs listed below for the length of the project. As needed we will request updated quotes and or scheduling from theses W/MBEs. Tab 6 - Page 1 Page 869 of 1128 Minority Biasln.css Alfonso Materialls Supply Is cenifie under the provisian.a f 28.7 and 295-1 , Florins tatutes, fror a;p rrod rrom: 1011012017 ,a 101101201 dice-'d Imix or aftr Ay Mirga"E"g mp A,,,nrre..Eeang Tab 6 - Page 2 Page 870 of 1128 Pr- n� ' p '.a Minority and Small,business Development �mmHrieton�9'Gtf'i�Pr This e3 YG t?fiirp Shat if,a ccofdaWeI0 Cny GrT'm"{kfdoe' 7atn;39 Dirt anDernaind,LIC DBA Dirt an Demand ih hoewccrAU4&1& Women Business Enterprise JUWRE) !P tha'ft1owl ng specimr's�riiesl HaullnZ SerVices,Fill Material and Aggregates This oorAi ratiion isvallid from d st Z�,NIB to AmEust 23,.2020 --------------- uiadate4Tor"tot rtirlkmiui areo-quired Latino iv lid eRpitatiorn date livw.dahome 11'of urgt1 thahge!�ari-made!iui your firm that aronot in concert swith our eligibiI ityrrquirern�ntsyou a gVto to rc+part those ch angesta,us.fora ua luau on,.the City of Ta 13z' rnsrarves th€right to t®nninaG®-.this cnmication,at gnome it determines eligibility requiremynts are not being met Gregory K.Han.Manager Minarity Intl Small®usinnss De volopmerA w_.. DEPARTMENT OF 9Lt54NEss A'ND PR FEssl=G0RAL REGULATION BOARD OF P OFESSIU_ AuL GEOLOGISTS 7i-..,, 3 �• 3i3':6�L S-;E:q��ir i A;91'-fi"f tit ai..:;.f.!�t. iva,C L.UtraC9 r^BrM +:4 2.r _YMjA!.A I L. 'Fs I PERlAL TEs'r[NG AND ENGINES iN G 1 4-- U u,i.,ft'- °.iC:=ESd}E r+it11�i8�x�:�i�G3&.. T Tab 6 - Page 3 Page 871 of 1128 dbpr STATE.of FLORIDA DEPARTMENT OF BUSINE55 AND PROFESSIONAL REGULATION BOARD OF PROFESSIONAL, F I N EERrS 1M., ??ul� 3r M"d].'e 6fmi E` � }d",Fel•5+` �.1 � §�LL�UNDER,tAF "-?, vClioFAY^a ur,`a1Rpw—,, a�5ef=il Ea,Cat"i{ t.�i'�:"fi_.at 4 Ski HWU1 ,,MICHAEL Hod T Lt�E:�s��dtak�l�Ea�e�,i�aa< Ie mrt6d under 191@'..jpCY"u�'dW$Rq/8 rif ,$1&WI Piswor iti��it 9s � �l��^�,a�����:�,� � ����'•�a�!�€d s�sx��;�.sib.,���&�ar�.,u�r�,��,n E�nar�a�rxy�+gut Tab 6 - Page 4 Page 872 of 1128 tur, ;trk. d Minority and Small us,[ness De elo tr tent; I r3l5 rE�€,'H ! 3�i di i .di.}�fl�:�Y.t MtFf,;Ner J0. Ai y fFr?irr9,rY d C FiA.44^�3;q JTVIL Advertising, rnrr QUA 10thy's Video Wt5Ysicm Business Enterpriiev,J BL c 3�3 et I£'r@IdYiAat,�t�k£,ilL'dfN�� i Video Taping and Photography Services t This cenif mi art ig,w0lid fm'rml AarAt St 2%,2010 T,u Av,9,U,�= Upd.;W,% for :arr",,,wopwr ,r ior, o'�XON.Mwi5date 'I x['&1YFm— oo tu9..x.,'rter4.acus..,..tis e?,Ee.obi'ftri.qu,"'ernums,muagree U.7repriri,tr,e,t. e(�,ie r3�,..,to ufin> SII fk�. thr i1=ht is)tbrmirml:tI tlh's ty^ait.Jicats�mi at anyti suet it avis irninc-% l€gi,h lift'rr•jwrv.:rwt ntc An,r�rc¢C ��,�.�"uY S€�.sEf 3ca'.[ri�5§�7"�=d�:frita�,a�?•er F�Iorida Department or Agricullure and Consumer Ser4ces Division of Consumer Services License Nu, LB7829 Board of I"rafessimal Surveyors and Mappm Expir°Itron Date Fe rurxry 18,7021 24XS Apatachee Pkway Taftbance,Rovida 7-365(0 Professional Surveyor and Napper Business License Under Iks provisions of Chapter 472,I71ori a Statuies L&S DIVERSIFIED,ILC 405 LAKE HOWELL RIS STE 1001 MAITLAND,FL -2751-5926 NICOLE'NIKKI'Fitt ED COMMISSIONER OF AGRICULTURE ;s lila,xrrify rfuj;;L.br knslanal surwrnyw wd w6VW whM saw wd misecs�are maw...ahr is la:.rnwd as rrq®{{d-cd bytlharw 472Flate'sra S6'kt6fG7 Tab 6 - Page 5 Page 873 of 1128 ..� ly I�. Diversified In cerililed under the provisions of 287and 295.187, Florida Statutes, for a period from: 11/02/2017 P r 11/02/2019 Florida Oepaisa em of Wlxx a Herm-,arv°wq' cLt 4c L`rrsupphier r Officeor"Svppher Divenfly®M%EspLana,de Way,5une 380WWMss .FL 12391 Tab 6 - Page 6 Page 874 of 1128 `Airs ey Qwvifiornairr Polk Coil nly .. 14 ,s.ee:e-fie trek:"EI'1 k 0, 1 .......m.d.-...,1 mm.H Exmx hirr A' ieioi rlr 11n . m.i .rr. nx f.Iar 1w, Ii b. 4,W%r..A Ir...;r.K:la 11 li,.rr_neaei. iu:.a9 s E ,.:r,.t i.. . ... �� 1��' „, Iac i• 2'µ %D CR ITE RIA 1 IAh,.l7 i�C6E2E: r 1 mrlea�s;r�erast _t': �� .'SIE€IE,! t,.r":'.0-r pm%ed 1 'fle .Ie r.' ,tl Ssa=_a_�..es Yti 7 Vic, Et•:•a rl 'kaj abol11':`:t{ fhr, :B, .9,. 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S ,.1- A[s o .... .t..,.. .� .. .. 21 E „ _t.i THE FOLLOWING SECTION SHOULD BE COMPLETED BYALL PROPOSERS: (SUBMITTAL PAGE) Company Name: Killebrew Inc DBA/Fictitious Name (if applicable): _N/ NOTE: COMPANY NAME MUST MATCH LEGAL NAME ASSIGNED TO TIN NUMBER. CURRENT W9 SHOULD BE SUBMITTED WITH BID. TIN #- 59-2952542 P.O. Box 6258 Lakeland (Street No or PO Box Number) (Street Name) (City) Florida 33803 Polk (County) (State) (Zip Code) Contact Person- Rich Bushart Phone Number: 863-701-0273 Cell Phone Number: Email Address- Rirh@Killebrewinc.net Type of Organization- - Sole Proprietorship Partnership Non-Profit Sub-Chapter -Joint Venture X_ Corporation LLC LLP Publicly Traded Employee Owned State of Incorporation Florida The Successful contractor must complete and submit this section prior to award. The Successful contractor must invoice using the company name listed above. 41 Revised 6,13.18-MAS Page 878 of 1128 EXHIBIT X SAFETY REQUIREMENTSIREGULATIONS Proposer must sign and have notarized: The undersigned Proposer hereby certifies that they fully understand the safety requirements/regulation provisions as stated in Contractor Instructions section,Item 14, and will comply. Dated this day of March m 19 Name of Firm Killebrew Inc By Vice President Rich Busha' Title of Person Signing - SWORN TO AND SUBSCRIBED BEFORE ME rt) This�day of_LUX20. Ib 11-1 J —, Notary Public. Lt-c— My Commission Expires: W Ll+-i,) JESSICA M.PAVIUAN My COMMISSION#GG 121093 F EXPIRES:July#,2021 Banded Thru Wt.-m.—Viers EX X-1 ion/io Page 879 of 1128 February 28, 2019 POLIS COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ADDENDUM #1 RFP #19-299 Utilities Construction Services This addendum is issued to clarify, add to, revise and/or delete items of the RFP Documents for this work. This Addendum is a part of the RFP Documents and acknowledgment of its receipt should be noted on the Addendum. Contained within this addendum: Revisions, questions and answers received. The Addendum 1 Revised Cost Sheet is available on the Procurement website. The web address is ,https: w. olk-count .nettprocuremenVprocurement- bids/constructioDprocu rem entdetail?Title=Utilities Construction Service - 19-299. A sample copy of the Addendum 1 Revised Cost Sheet is listed as Attachment A to this addendum. ffiL99M** Ari Goldstein Procurement Analyst Procurement Division This Addendum Sheet should be signed and returned with your submittal. This is the only acknowledgment required. Signature: Printed Name: Title: Company: Page 880 of 1128 March 11, 2019 POLK COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ADDENDUM #2 RFP #19--299 Utilities Construction Services This addendum is issued to clarify, add to, revise and/or delete items of the RFP Documents for this work. This Addendum is a part of the RFP Documents and acknowledgment of its receipt should be noted on the Addendum. Contained within this addendum. questions and answers received. Ari Goldstein Procurement Analyst Procurement Division This Addendum sheet should be signed and returned with your submittal. This is the only acknowledgment required. 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c U ' yr c - U c 2 � (6 O O G G N C G (6 O O O O N N V O 0 0 0 0 0 0 0 G G G G V a 0 O O U O O O Q Q Q Q Q Q Q Gl '- Y 2- 2- 2- N N R R ' m 0 0 0 0 0 0 0 -O '6 N N (6 OD C) � N i U U U U U U U U U U U Q Q � � LL 0 U U m O O J G G O 7 7 7 7 d a > > > E N N N N N N N N N N N 4 4 4 4 U U mmmm :3000 :3 :3 :3c 0 0 3 U N N N N O O O O0 ~ ~ N N U U N G G G G M U '6 '6 '6 (6 (6 (6 (6 (6 (6 (6 W W W W O O •� G d d d d - - - - i (6 (6 (6 U U U U U U U M M M M 0 0 M M M Cl) 0 U N N N N M Cl) Cl) - - - - - - - V V '6 '6 A C C C C C: -0 - - - N N N N N N N O O O O Q Q Q Q O O O O H X X X X X X X X X X co co m m m X X 0 0 > 4 dddd UUUU � U SCO Oo COO- - - NN OM M0� (n 0- C) O N Cl) LO CO I.- M O O - N M V LO CO I.- M O O N Cl) V LO E N N N N N N N N N N co Cl) Cl) Cl) Cl) co co M M M �T V V V V N LO LO LO LO LO LO LO LO LO l0 LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO 0 0 M v Ul) �L CL ori o c ti xN x w y J a CL .E O co D Q N Z O D � co N 0) c (6 R a C� m W c 0 �L V 0 G EXHIBIT V NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor from Polk County, a political subdivision of the State of Florida (County). THIS FORM MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF THE COMPANY. State of Florida ) SS County of_Polk being first duly sworn,deposes and says that: 1, They are " .`-cv,t of b r "] hereafter referred to as the Subcontractor; 2. They are fully informed respecting the preparation and pontents of subcontractor's RFP Submittal submitted by the subcontractor toI If ) .rt. the Contractor for certain work in connection with RFP: 19-299.Utilities Construction Services. 3. Such subcontractor's RFP Submittal is genuine and is not a collusive or sham submittal; 4. Neither the subcontractor 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, firm or person to submit a collusive or sham RFP Submittal in connection with such Contract or to refrain from submitting a RFP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Proposer, firm or person to fix the price or prices in said subcontractor's Bid Submittal or secure through collusion, conspiracy,connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5. The price or prices quoted in the subcontractor's Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of their agents, representatives, owners,employees or parties in interest, including th' affiant. Signed_ Title 's Subscribed and sworn to before me this.... „$ nday of I 20 W y l (Title) My Commission expires ASHLEY VIRGINIA EDWARDS a`'Nr�Ni `�%'• No.3ry Public-State olFlnrida h1' Commission if GV tu7iitfl EX V- 1 {cud) ”. My comm.E@iN21� 2U21 ••!'��F IM��" Bondedthrough Neral Notary As:a�. Page 899 of 1128 EXHIBIT V NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor from Polk County, a political subdivision of the State of Florida (County). THIS FORM MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF THE COMPANY. State of Florida SS County of Polk Larson Earnest ,.....__ , being first duly sworn,deposes and says that: I. They are Owner/President ofLarson's Grading and Paving. LLC , hereafter referred to as the Subcontractor; 2. They are fully informed respecting the preparation and contents of subcontractor's RFP Submittal submitted by the subcontractor to the Contractor for certain work in connection with RFP: 19-299,Utilities Construction Services. 3. Such subcontractor's RFP Submittal is genuine and is not a collusive or sham submittal? 4. Neither the subcontractor 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, firm or person to submit a collusive or sham RFP Submittal in connection with such Contract or to refrain from submitting a RFP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Proposer, firm or person to fix the price or prices in said subcontractor's Bid Submittal or secure through collusion, conspiracy,connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract; and 5. The price or prices quoted in the subcontractor's Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of their agents, representatives,owners, employees or parties in interest,including this a,fflant. Signed.- Title Owner/President Subscribed and sworn to before me this 18 day of June , 20 2019 �s E Notary N$ ic, 5t 2022 ._ (Title) °um�er GG 245992 My Commission expires Sept. 4,2022 EX V—1 07/23/2012 Page 900 of 1128 EXHIBIT V NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor from Polk County, a political subdivision of the State of Florida (County). THIS FORM MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF THE COMPANY. State of Florida SS County of Polk j William A. Fisher _ ,being first duly sworn,deposes and says that: 1. They are President of Gulf Coast Boring & Pipeline Inc. hereafter referred to as the Subcontractor; 2. They are fully informed respecting the preparation and contents of subcontractor's RFP Submittal submitted by the subcontractor to Killebrew Inc. the Contractor for certain work in connection with RFP: 19-299,Utilities Construction Services. 3. Such subcontractor's RFP Submittal is genuine and is not a collusive or sham submittal; 4. Neither the subcontractor 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, firm or person to submit a collusive or sham RFP Submittal in connection with such Contract or to refrain from submitting a RFP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Proposer, firm or person to fix the price or prices in said subcontractor's Bid Submittal or secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract;and 5. The price or prices quoted in the subcontractor's Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of their agents, representatives, owners, employees or parties in interest, including this affiant. Signed W&A Title President Subscribed and sworn to before me this 18th day of June 32019 (Title) NMI NANICHOLES My Commission expires November 17 2019 ISSION#FF 926245 November 17,2019Notary Pubrie Undenorbrs�. _ EX V- 1 07/23/2012 Page 901 of 1128 EXHIBIT V NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor from Polk County, a political subdivision of the State of Florida (County). THIS FORM MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF THE COMPANY. State of Florida l SS County of Polk , 9, Sherry Manor , being first duly sworn, deposes and says that: 1. They are President of L& S Diversified, LLC. p �, hereafter referred to as the Subcontractor; 2. They are fully informed respecting the preparation and contents of subcontractor's RFP Submittal submitted by the subcontractor to Killebrew,lnc _ the Contractor for certain work in connection with RFP: 19-299, Utilities Construction Services. 3. Such subcontractor's RFP Submittal is genuine and is not a collusive or sham submittal; 4. Neither the subcontractor 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, firm or person to submit a collusive or sham RFP Submittal in connection with such Contract or to refrain from submitting a RFP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Proposer,firm or person to fix the price or prices in said subcontractor's Bid Submittal or secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract;and 5. The price or prices quoted in the subcontractor's Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of their agents, representatives, owners,employees or parties in interest, including this affiant. Signed Title Pre ident Subscribed and sworn to before me this 1 18th day of June 2019 Fabiana Pouso-Notary Public State of Florida. GG242191 _. a (Title) 07/26/2022 Notary Public state of Florida My Commission expires Fabians Pouso My Commission GG 242191 Expires 07126/2022 EX V-1 07/23/2012 Page 902 of 1128 EXHIBIT VI-B GOOD FAITH EFFORT DOCUMENTATION The following is provided for the bidder to use in conjunction with the Good Faith Effort requirement in Section 20.0 of the Invitation for Bid. For your convenience to supplement your own subcontractor/supplier database, we direct you to hitps://ams.fs_olk-countv.net/vendordirectoa/ , for additional names. Please list the company's names and the result of your contact for each subcontractor solicited. Suppliers can be listed in the blank spaces at the bottom of the page. Division of Work Results of Good Faith Effort 1. Sod- D&J Lawn Services Quote-Received 2. _Testing and Survey Services Quote Received L&S Diversified 3. 4. 5. 07/16/15 EX VIB-I Page 903 of 1128 b EXHIBIT VII TRENCH SAFETY ACT COMPLIANCE TRENCH EXCAVATION SAFETY SYSTEM AND SHORING,SPECIAL(TRENCH EXCAVATION) Trench Excavation Safeiv Sustem and Shoring. Special(Trench Excavation) General: 1. The Contractor shall comply with the Florida Trench Safety Act (90-96), Laws of FL.) effective October 1, 1990. 2. The Contractor(s) performing trench safety excavation on this Contract shall comply with the Occupational Safety and Health Administration's (OSHA) trench excavation safety standards, 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security(DLES). 3. By submission of his proposal and subsequent execution of this Contract, the Contractor certifies that all trench excavation done within his control shall be accomplished in strict adherence with OSHA trench safety standards contacted 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security. 4. The Contractor also agrees that he has obtained or will obtain identical certification from his proposed Subcontractors that will perform trench excavation prior to award of the subcontracts and that he will retain such certifications in his files for a period of not less than three years following final acceptance. 5. The Contractor shall consider all available geotechnical information in his design of the trench excavation safety system. 6. Inspections may be conducted by the County and the County's Safety Officer. Serious deficiencies will be corrected on the spot or the job may be closed. Imminent danger citing will result in the immediate cessation of work. Work will resume when the danger is corrected. 7. Proposer acknowledges that included in the various items of the proposal and in the Cost Sheet are costs for complying with the Florida Trench Safety Act (90-96), Laws of FL) effective October 1, 1990. The proposer further identifies the costs to be summarized as follows: Trench Safety Units of Measure Measure Unit Unit Extended (Description) (LF, SY) (QTY) Cost, Cost A. `t CIO L P 411 $ $ B. $ $ D. _ $ $ Total $ Failure to complete the above may result in the submittal being declared non-responsive. 06/09/2013 EX VII-1 Page 904 of 1128 EXHIBIT VIII EQUAL EMPLOYMENT OPPORTUNITY Polk County, a political subdivision of the State of Florida (County), is an Equal Opportunity/Affirmative Action Employer. Pursuant to Executive Order 11246 as amended, you are advised that under the provisions of government contracting, contractors and subcontractors are obliged to take affirmative action to provide equal employment opportunity without regard to race,creed, color,national origin, age or sex. We are committed to equal opportunity employment effort and expect firms that do business with the County to have a vigorous affirmative action program. CERTIFICATION BY PROPOSED PRIME OR SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is authorized pursuant to Executive Order 11246,Part II, Section 203(b), (30 F.R. 12319-15).Any Proposer or prospective contractor, or any of the proposed subcontractors, shall state as an initial part of the Bid or negotiations of the Contract whether it has participated in any previous Contract or subcontract to the equal opportunity clause; and,if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicated that the prime or subcontractor has not filed a compliance report due under applicable instruction, such Contractor shall be required to submit a compliance report. Contractor's Name: Killebrew Inc Address: P.O. Box 6258 Lakeland, FL, 33807 1. Proposer has participated in a previous contract or subcontract, subject to the Equal Opportunity Clause: YES X NO 2. Compliance Reports were required to be filed in connection with such Contract or subcontract: YES X NO 3. Proposer has filed all compliance reports due under applicable instructions: YES_ X NO_......................_.. 4. If answer to Item 3 is No,please explain in detail on reverse side of this certification. EEO- 1 07/23/2012 Page 905 of 1128 The Proposer certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The Proposer certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The Proposer agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this RFP. As used in this certification, the term (segregated facilities"means any waiting rooms,work areas,restrooms,washrooms,restaurants, other eating areas,time clocks, locker rooms, storage areas, dressing areas, parking lots, drinking fountains, recreation/entertainment areas, transportation and housing facilities provided for employees which are segregate by explicit directive or are, in fact, segregated on the basis of race, color, religion or national origin, because of habit, local custom or otherwise. The Proposer agrees that (except where they have obtained identical certification from proposed subcontractors for specific time periods) they will obtain identical certification from proposed Subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provision of the Equal Opportunity clause; and that they will retain such certifications in their files. Certification — The information above is true and complete to the best of my knowledge and belief. (A willfully false statement is punishable by law—U.S. Code,Title 18, Section 1001.) Rich Bushart Printed Name Vice President Title Signature 6/18/19 Date EEO-2 07/23/2012 Page 906 of 1128 EXHIBIT IX DRUG-FREE WORKPLACE FORM The undersigned Proposer in accordance with Florida Statute 287.087 hereby certifies that Killebrew Inc does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(a). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1892 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program,if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Proposers Signature Rich Bushart-Vice President 6/18/19 Date 10/01/10 EX IX-1 Page 907 of 1128 EXHIBIT XVIII CERTIFICATE OF COMPLIANCE In accordance with Florida Statutes, Chapter 440, the General Contractor hereby states that for projects $250,000.00 or more, all subcontractors employed to work have workers' compensation insurance in place. RFP# 19-299.Utilities Constructions Services. f. r Killebrew Inc Contractor Signatu' re .. Rich Bushart Printed Name of Signer 6/18/19 Date EX XVIII-1 Page 908 of 1128 EXHIBIT X SAFETY REQUIREMENTS/REGULATIONS Proposer must sign and have notarized: The undersigned Proposer hereby certifies that they fully understand the safety requirements/regulation provisions as stated in Contractor Instructions section,Item 14, and will comply. Dated this 18th day of .lune __ __ 520 19 Name of Firm Killebrew Inc By .°��,� � � .r�-' � �� Rich Bushart Vice-President Title of Person Signing SWORN TO AND SUBSCRIBED BEFORE ME k i This r . day of �f. '4.k , `.. ,20 . Notary Public a My Commission Expires: - JESSICA M.GAVILLAN MY COMMISSION#GG 121093 u ,-o; EXPIRES:JUIy 4,2021 „R'•• Bonded rare Notary PubHo Underwriters 10/7/10 EX X-1 Page 909 of 1128 EXHIBIT XIX AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: 19-299 RFP NAME: UTILITIES CONSTRUCTIONS SERVICES POLK COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (COUNTY), WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e)OF THE IMMIGRATION AND NATIONALITY ACT("INA"). THE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e)OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY THE COUNTY. PROPOSER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name: _„___ Killebrew Inc r Vice President 0,6/18/19 .. SCgl ireis Bushart Title Date STATE OF: Saida COUNTY OF: Polk TT The foregoing instrument was signed and acknowledged before me this i( da of . y 20 � , by -3e . u' Ge who has produced (Print or Type Name) as identification. (Type of Identification and Number) N(A ary Public Si i1 ure r Printed Name of Notary Public z. Notary Commission Number/f`xpiration JESSICA M.GAVILLAN XIX-1 06/09/2013 *. ; MY COMMISSION#GG 121093 a• ` EXPIRES:July 4,2021 '154Z g;. Bonded Thru Nota Pubric Undenariters T - Page 910 of 1128 SCRUTINIZED COMPANIES CERTIFICATION EXHIBIT XXI (Florida Statutes, Section 287.135) SOLICITATION NO.: RFP 19-299 SOLICITATION NAME: Utilities Construction Services The undersigned,as Vice President of Killebrew Inc (the "Contractor"), a Florida corporation, hereby certifies the following to Polk County, a political subdivision of the State of Florida,by and on behalf of the Contractor in accordance with the requirements of Section 287.135,Florida Statutes: (i) The Contractor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,nor is the Contractor engaged in a boycott of Israel,nor was the Contractor on such List or engaged in such a boycott at the time it submitted its bid to the County with respect to the Agreement. (ii) Additionally, if the value of the goods or services acquired under the Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Contractor further certifies to the County as follows: (a) the Contractor is not on the Scrutinized Companies with Activities in Sudan List,created pursuant to Section 215.473,Florida Statutes; and (b) the Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and (c)the Contractor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135)in Cuba or Syria; and (d) the Contractor was not on any of the Lists referenced in this subsection (ii), nor engaged in business operations in Cuba or Syria when it submitted its bid to the County with respect to the Agreement. (iii) The Contractor is fully aware of the penalties that may be imposed upon the Contractor for submitting a false certification to the County regarding the foregoing matters. (iv) The Contractor hereby acknowledges that, in addition to any other termination rights stated in the Agreement, the County may immediately terminate the Agreement upon the occurrence of any of the following events: (a) the Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection(i) above, or the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel; or (b) the Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection(ii) above, or the Contractor is found to have 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 has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000). XXI-1 Page 911 of 1128 (v) The undersigned is duly authorized to execute this Certification by and on behalf of the Contractor. Executed this 18th day of June ,2019 . ATTEST: Killebrew Inc a_Florida Corporation Bj 't y r y. B PRINTED NAME: Denise Henderson PRINTED NAME: Rich Bushart its: Corporate Secretary its: Vice President XXI-2 Page 912 of 1128 ACC ® DATE(MM/DDIYYYY) A ILVViRU CERTIFICATE OF LIABILITY INSURANCE 6/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder is an ADDITIONAL INSURED,the policy(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 NAME: Michele Crifasi Stahl & Associates Insurance Inc. PHONE (863)688-5495 FAXAIC,No (863)688-9344 91 Lake Morton Drive E-MAIL ADDRESS::michele.crifasi@stahlinsurance.com P O Box 3608 INSURER SJ AFFORDING COVERAGE NAIC# Lakeland FL 33802 INSURER A:Westfield Insurance Company 24112 INSURED INSURER B:Travelers Property Casualty Cc of Ameri 25674 Killebrew Inc INSURER C:Amerisure Insurance Cc 19488 PO Box 6258 INSURER D:Westchester Surplus Lines Insurance Co. livsuRER E:XL S ecialt - Insurance Co Lakeland FL 33807-6258 INSURERF: COVERAGES CERTIFICATE NUMBER:19/20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' KD—DL SUER POLICYEFF POLICY EXP ° LTR TYPE OF INSURANCE POLICY NUMBER MMIDDtYtt'1fY MMIDDIYYYY LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 C,).IdIr t`1I R 1dTFD 500,000 A CLAIMS-MADE �OCCUR PRE ,f, Ea ecu-rice, $ X 1,_000 ded er claim X Y CMM0446705 6/1/2019 6/1/2020 MED EXP(Any one person) $ 1,000 % Ded applies prop damage %CU Coverage included PERSONAL&ADV INJURY $ 1,000,000 GENI AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 JET LOC PRODUCTS-COMPlOPAGG $ POLICY[K] C 2,000,000 OTHER: Employee Benefls Liab Cov Form( $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A --- ALL OWNED SCHEDULED AUTOS AUTOS X y CMM0946705 6/1/2019 6/1/2020 BODILY INJURY(Per accident) $ XX NON-OWNED Hired Ph aical Damage PROPERTY DAMAGE $ HIREDAUTOS .AUTOS Y g ''(Peraccident ---_- Comp & Coll Ded's $500 each PIP-Basic I$ 10,000 X UMBRELLALIAI X gOCCUR EACH OCCURRENCE $ _5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED .RETENTION$ ZUP71M9733019NF 6/1/2019 6/1/2020 $ WORKERS COMPENSATIONX PER gg TH- AND EMPLOYERS'LIABILITY YIN STATUTE 9 ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EAC_HACCIDENT _ $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑NIA C (Mandatory in NH) y 11020827320701 6/1/2019 6/1/2020 E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Pollution Liability G46860950001 1/30/2018 1/30/2020 Ea Poll lncidentlDed$2,500 11000,000 8 Rented & Leased Equipment UM00038732MA19A 6/1/2019 6/1/2020 Ded$2,5001 Limit 550,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: For all work performed for the County. Bid# 09-060-CAR, Drainage Work & Culvert Replacement. Polk County, a Political Subdivision of the State of Florida, is an additional insured with respect to the General & Auto liability policies when required by written contract. Waiver of subrogation applies on the General, Auto & workers Compensation policies. *30 day notice of cancellation is provided by the insurance company with 10 day notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION (863)534-0055 zacharysix@polk-county.net SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Polk County, a Political Subdivision THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN of the State of Florida ACCORDANCE WITH THE POLICY PROVISIONS. 330 W Church St P O Box 9005, Drawer AS05 AUTHORIZED REPRESENTATIVE Bartow, FL 33831 �/ Marc Wilder/CRIFAS �iLti ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 913 of 1128 CERTIFICATE OF LIABILITY INSURANCE DA2/5/DDIY 2/5/20188 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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: Michele Cr1faS1 Stahl & Associates Insurance Inc. (AI NQ:EK*'-,(863)688-5495 FAX No): (863)688-4344 91 Lake Morton Drive E-MAIL ADDRESS:michele.crifasi@stahlinsurance.com P 0 BOX 3608 _ ,INSURER(S)AFFORDING COVERAGE _ NAIC# Lakeland FL 33802 -INSURER A:Westfield Insurance Company 24112 INSURED INSURER B:Ameri sure Insurance Co 19488 Killebrew Inc INSURERC:XL Specialty Ins Co 37885 PO Box 6258 INsuRERD.Westchester Surplus Lines Insurance INSURER E., Lakeland FL 33807-6258 INSURERF: COVERAGES _ CERTIFICATE NUMBER:18/19 Pollution REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR .- POLICY EFF POLICY EXP LIMITS ..... _. LTR TYPE OF INSURANCE POLICY NUMBER WMIDDIYYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED A CLAIMS-MADE XI OCCUR PREMISES(Ea occurrence) $ 500,000 X 1,000 ,dedper claim - X Y CMM0446705 6/1/2017 6/1/2018 MED EXP(Any one person) $ 1,000 X ded applies prop damage XCU Coverage Included PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JEo F-1LOC PRODUCTS-COMP/OP.AGG $ 2,000,000_ _ OTHER: _ _' Employee Benefits Liab Cov $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 CEa accident!_. ..._.. ......... ... A X ANY AUTO ..... BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CMM0446705 6/1/2017 6/1/2018 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNEDPeraliRTY DAMAGE X HIRED AUTOS - X AUTOS Hired Physical Damage $ Comp & Coll Ded's $500 as PIP-Basic $ 10,000 X UMBRELLA LIAB i X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $ 51000,000_ DED RETENTION$ _ _ ICMM0446705 6/1/2017 6/1/2018 _ i$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN 11 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? ❑ N!A -- ... ......... ... B (Mandatory In NH) y ';WC208273204 6/1/2017 6/1/2018 E.L.DISEASE-EAEMPLOYEF$ 500,000 If yes,describe under ....... ......... _.... ....... DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ 900,000 C Rented & Leased Equipment UM0003873XA17A 6/1/2017 6/1/2018 Limit/Deductible 500,000/1,000 D Pollution Liability 04686095O00i 1/30/2018 1/30/2020 Poll Aggregate/Ded$2,500 1:000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Polk County, a political subdivision of the State of Florida is an additional insured in regards to the General liability for all work performed for Polk County. Waiver of subrogation applies on the General liability and Workers Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Polk County, a political subdivision of t THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN State of Florida ACCORDANCE WITH THE POLICY PROVISIONS. 330 West Church Street Bartow, FL 33830 AUTHORIZED REPRESENTATIVE r� Gerald Powell/CRIFA.S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 914 of 1128 7.E. CONSENT BIDS AND PURCHASES OVER$100,000 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for August 19, 2020- "Request for Extensions and/or Piggybacks Over $100,000." 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 Ferguson - Brass Fittings and 040-1412-19/MFD October 17, $250,000 Primary Accessories 2020 thru October 16, Fortiline- 2021 Secondary Ferguson - Pipe Fittings and 041-1412-19/MFD October 5, 2020 $210,000 Primary Accessories thru October 4, 2021 Fortiline- Secondary Atlantic Southern Asphalt and Sidewalk 010-2512-18/IT August 8, 2020 $3,000,000 Paving and Rehabilitation thru August 7, Sealcoating 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: Page 915 of 1128 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FOR BID EXTENSIONS Over $1 OOK August 19 2020 D Addendum Signed Renewal Interest Letter-Atlantic Southern D Addendum Signed Renewal Letter Ferguson Brass Fittings & Accessories D Addendum Signed Fortiline Renewal Letter Brass Fittings& Accessories D Addendum Signed Renewal Letter Ferguson Pipe Fittings& Accessories D Addendum Signed Fortiline Renewal Letter Pipe Fittings & Accessories D Addendum 9-5-19 Brass Fittings Award Agenda Item Cover S heet D Addendum 9-5-19 Pipe Fittings Award Agenda Item Cover S heet Page 916 of 1128 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 August 19, 2020 REQUESTING DEPARTMENT: Materials and Distribution DEPARTMENT CONTACT. Michael Dauta TERM: October 17, 2020 thru October 16, 2021 SOURCE FOR PURCHASE: Bid#040-1412-19/MFD ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Ferguson (Primary Vendor)/Fortiline (Secondary Vendor) ANNUAL ESTIMATED EXPENDITURE: $250,000 DESCRIPTION: On September 5, 2019 City Commission approved the bid for Brass Fittings and Accessories. The agreement allows for two (2) additional one-year renewals. The vendors have agreed to renew the existing agreement with the same Terms and Conditions for October 17, 2020 thru October 16, 2021. REQUESTING DEPARTMENT: Materials and Distribution DEPARTMENT CONTACT. Michael Dauta TERM: October 5, 2020 thru October 4, 2021 SOURCE FOR PURCHASE: 041-1412-19/MFD ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S):): Ferguson (Primary Vendor)/Fortiline (Secondary Vendor) ANNUAL ESTIMATED EXPENDITURE: $210,000 DESCRIPTION: On September 5, 2019 City Commission approved the bid for Pipe Fittings and Accessories. The Agreement allows for two (2) additional one-year renewals. The vendors have agreed to renew the existing agreement with the same Terms and Conditions for October 5, 2020 thru October 4, 2021. REQUESTING DEPARTMENT: Public Works, Engineering DEPARTMENT CONTACT: Gary Dunmyer TERM:August 8, 2020 thru August 7, 2021 SOURCE FOR PURCHASE: 010-2512-1811T ACCOUNT NUMBER: VENDOR(S): Atlantic Southern Paving and Sealcoating ANNUAL ESTIMATED EXPENDITURE: $3,000,000 DESCRIPTION: On August 7, 2018 City Commission approved the bid for Asphalt and Sidewalk Rehabilitation. The bid allowed for two(2), one-year renewals. On August 6, 2019 City Commission approved the first-year renewal. The Agreement allows for one (1) additional one-year renewal. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for August 8, 2020 thru August 7, 2021. 8 The City of Boynton Beach Finance/Procurement Services 100 E Ocean Ave. „ Boynton Beach, Florida 33435 Telephone No: (561) 742-6310 0Y.� FAX: (561) 742-6316 July 30, 2020 Michael Curry, President Atlantic Southern Paving & Sealcoating LLC 6301 W. Sunrise Blvd. Sunrise, FL 33313 VIA EMAIL TRANSMITTAL TO: mjamescurr@atlanticsouthernpaving.com BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM: AUGUST 8, 2019 —AUGUST 7, 2020 Dear Mr. Curry: The current agreement term for the "ASPHALT AND SIDEWALK REHABILITATION" expires August 7, 2020. The agreement documents allow for one (1)additional one (1)year extension and we would like to extend the bid for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to comas@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Skender Coma, Procurement Intern at (561) 742-6308. Sincerely, . 4 Randy Wood., CPPB Purchasing Manager Financial Services America's Gateway to the Gulf Stream Page 918 of 1128 The City of Boynton Beach Finance/Procurement Services 100 E Ocean Ave. „ Boynton Beach, Florida 33435 Telephone No: (561) 742-6310 0Y.� FAX: (561) 742-6316 July 30, 2020 BID: ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) BID No.: 010-2512-18/IT CURRENT AGREEMENT TERM: AUGUST 8, 2019 —AUGUST 7, 2020 Agreement between the City of Boynton Beach and Atlantic Southern Paving & Sealcoating LLC AGREEMENT RENEWAL TERM: August 8, 2020-August 7, 2021 _x Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Atlantic Southern Paving&Sealcoating LLC4�t' Z NAME OF COMPANY SIGNATUR Terry Smith COO NAME OF REPRESENTATIVE TITLE (please print) 8/6/2020 954-581-5805 DATE (AREA CODE) TELEPHONE NUMBER terry@atlanticsouthernpaving.com E-MAIL America's Gateway to the Gulf Stream Page 919 of 1128 The City of Boynton Beach VICAS IW.K.I3O "N' 020 DK4 C11 P.O.HOX 310' BOYNTONLM4CW,IMORIDA -0tit10 TF' ON ANO. ( t1)740-6310 FAX:(5611742-016 May 27, 2020 Ferguson Enterprises 3697 Interstate Pk Ed 50 Riviera Beach,FL. 33404 "ANNUAL SUPPLY 4F BRASS FITTINGS AND ACCESSORIES" B 0-1412-19 Dear Mr. Petonick: The above referenced bid will expire 10-16-20. The bid contains an option for renewal. Therefore,the City of Boynton Beach would like to renew the existing bid under the same terms d conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional 3 year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at da;utab0.tus, We look forward to continue working with you. If you agree,we will go to Commission for approval. j if you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautam PbObDIffuS. Tbank you. Sincerely, /L X)&I'4 Randy 'Wood.,CPPB Purchasing Manager Financial Services cc. Michael Da►uta--Manager of Materials and Distribution Central File Page 920 of 1128 BID N "ANNUAL SUPPLY OF BRASS FITTINGS ANit ACCESSORIES" Contract Renewal Period: OCTOBER 17, 2020 THROUGH OCTOBER 16, 2021 Agreement between the City of Boynton Beach, and Ferguson Enterprises Yes, I agree to extend the existing Bid for the Brass Fittings and Accessories under the same Terms and Conditions for an additional year: October 17,2020 through October 16,2021 No, I do not wish to renew the agreement- FERGUSON ENTERPRISES SIGNATURE ltwt.� Ci t4 NAME OF REPRESENTATIVE TITLE (please • t v � I%) ')U I)A (AREA CGDE)TELEPHONE NUMBER AM"Atl S GAWRWA Y TO 2WR 6 i.T" `2'RKAM Page 921 of 11 The City of Boynton Beach FINANG'F/PROG'URFMFNT SFRVIG'FS _ 100 F. BOYNTONBKA CU os BOULEVARD • ., P.O. BOX 310 BOYNTONBBAG'H, FLORIDA 0�... 33425-0310 TFLFPMONF NO: (56L 742-6310 FAX.• (561) 742-6316 May 27, 2020 Fortiline, Inc. 7025 Northwinds Dr NW Concord, NC. 28027 RE: "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" BID #:040-1412-19/MFD Dear Sheri Smith: The above referenced bid will expire 10-16-20. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautus. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautamgbbfl.us. Thank you. Sincerely, Randy Wood., CPPB Purchasing Manager Financial Services cc: Michael Dauta—Manager of Materials and Distribution Central File AMERIC'A'S GATFWAYTO THF GULFSTRFAM Page 922 of 1128 BID NAME: "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" Contract Renewal Period: OCTOBER 17, 2020 THROUGH OCTOBER 16, 2021 Agreement between the City of Boynton Beach, and Forkiline, Inc. V Yes, I agree to extend the existing Bid for the Brass Fittings and Accessories under the same Terms and Conditions for an additional year: October 17, 2020 through October 16, 2021 No, I do not wish to renew the agreement. FORTILINE, INC. SIGNATU Wendy Walters Assistant Corp Secretary NAME OF REPRESENTATIVE TITLE (please print) 06/12/20 704-788-9800 DATE (AREA CODE) TELEPHONE NUMBER Page 923 of 1128 The City o RUnton Beach SER VIOKS 10O JLC" BO NTONBEACH scar:LKVARD P"0.19'C7X 310 BOYNTOND ACH,FLORIDA 33425-0310 TEL PH NIS NO. 06V 792=6310 PAX, (561)742-W16 May 27,2020 Ferguson Enterprises 3697 Interstate Pk Rd 50 Riviera Beach, FL. 33404 "ANNUAL SUPPLY OF PIPE FrffINGS AND ACCESSORIES RID rd#:041-1412-19 Dear Mr. Petonick: The above referenced bid will expire 10-4-20. The bid contains an option for renewal. Therefore,the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at daut i@W1.0 . We look forward to continue working with you. If you agree,we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dutani bbfl.us. Thank you. Sincerely, Randy Wood.,CPPB Purchasing Manager Financial Services cc: Michael Dauta—Manager of Materials and Distribution Centrad.File AMPWCA'S GATJVWA PTO THIS ULFSTREAM Page 924 of 1128 i BID N "ANNUAL SUPP'L'E OF PIPE FITrINGS AND ACCESSORIES" Contrast Renewal Period: OCTOBER a,2024 THROUGH OCTOBER 4, 202 Agreement between the City of Boynton Beth, and Ferguson Enterprises `des, I agree to extend the existing Bid for the Pipe Fittings and Accessories under the Isame Terins.and Conditions for an additional year: October 5,2020 through October 4,2021 No, I do not wish to renew the agreement. FERGUSON ENTERPRISES SIG14ATURE NAME OF REPRESENTATIVE TITLE (Please print) DA (AREA CODE)TELEPHONE NUMBER a Page 925 of 1128 The City of Boynton Beach FINANG'F/PROG'URFMFNT SFRVIG'FS _ 100 F. BOYNTONBKA CU os BOULEVARD • ., P.O. BOX 310 BOYNTONBBAG'H, FLORIDA 0�... 33425-0310 TFLFPMONF NO: (56L 742-6310 FAX.• (561) 742-6316 May 27, 2020 Fortiline, Inc. 7025 Northwinds Dr NW Concord, NC. 28027 RE: "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" BID #:041-1412-19/MFD Dear Sheri Smith: The above referenced bid will expire 10-4-20. The bid contains an option for renewal. Therefore, the City of Boynton Beach would like to renew the existing bid under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, the bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Manager of Materials and Distribution, at dautus. We look forward to continue working with you. If you agree, we will go to Commission for approval. If you should have any questions, please feel free to email Michael Dauta, Manager of Materials and Distribution at dautamgbbfl.us. Thank you. Sincerely, Randy Wood., CPPB Purchasing Manager Financial Services cc: Michael Dauta—Manager of Materials and Distribution Central File AMERIC'A'S GATFWAYTO THF GULFSTRFAM Page 926 of 1128 BID NAME: "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Contract Renewal Period: OCTOBER 5, 2020 THROUGH OCTOBER 4, 2021 Agreement between the City of Boynton Beach, and Fortiline, Inc. Yes, I agree to extend the existing Bid for the Pipe Fittings and Accessories under the same Terms and Conditions for an additional year: October S, 2020 through October 4, 2021 No, I do not wish to renew the agreement. FORTILINE, INC. S Wendy Walters Assistant Corp Secretary NAME OF REPRESENTATIVE TITLE (please print) 06112/20 704-788-9800 DATE (AREA CODE) TELEPHONE NUMBER AMERICA',SV GATIV1,174 Y TO 971B G'ULV4S11WJ1iAAJ Page 927 of 1128 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 9/5/2019 CITY OF BOYNTON BEACH "• ` : AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/5/2019 REQUESTED ACTION BY COMMISSION: Approve award of Annual Supply of Brass Fittings and Accessories Bid 040-1412-19/MFD to the following two(2)companies Ferguson Enterprises and Fortiline Inc.on a primary and secondary basis to the lowest,most responsive,reponsible bidders who met all specifications with an estimated annual expenditure of$150,000. EXPLANATION OF REQUEST: Contract Term: October 17,2019 thru October 16,2020 On August 26,2019, Procurement Services opened and tabulated three(3)bids for Brass Fittings and Accessories.All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend this award by a primary and secondary vendor.The award is based on the number of low items each vendor accumulated. Fortiline Primary Vendor I tem(s) 167 out of 263 Ferguson Secondary Vendor I tem(s) 96 out of 263 Core and Main Deemed non-responsive Core and Main issued a letter stating that they will give 30 days notice,at any point,for price adjustments due to tariffs.The bid states"The Vendor may submit a request for price adjustments ninety(90)days prior to the end of the annual bid term if base commodity prices have fluctuated from the base commodity amount for Metals and Metal Products in accordance with the Producer Price Index(PPI)." In addition,the following vendors included a discount for all items not listed on the bid. Ferguson 10%Discount Fortiline 10%Discount The bid will allow for three(3)additional one(1)year extensions at the same terms and conditions subject to vendor acceptance,satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of brass fittings and accessories for the City's water system.All orders are on an "AS NEEDED"basis. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$150,000. Increase for FY 18/19 was due to Utility projects.We went to commission for an increase on 4-16-19.The City anticipates an expenditure of$150,000 due to normal usage and future Utility projects FY 16/17 expenditures were$82,200.75 FY 17/18 expenditures were$86,203.47 FY 18/19 expenditures to date are$135,226.11 ALTERNATIVES: Obtain quotes on an"as needed"basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 928 of 1128 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Tabulation Sheet D Addendum Core and Main Proposal D Addendum Ferguson Proposal D Addendum Fortiline Proposal Page 929 of 1128 7.E. CONSENT BIDS AND PURCHASES OVER$100,000 9/5/2019 CITY OF BOYNTON BEACH "• ` : AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/5/2019 REQUESTED ACTION BY COMMISSION: Approve award of Annual Supply of Pipe Fittings and Accessories Bid 041-1412-19/MFD to the following two(2)companies: Ferguson Enterprises and Fortiline Inc.on a primary and secondary basis to the lowest,most responsive,responsible bidders who met all specifications with an estimated annual expenditure of$210,000. EXPLANATION OF REQUEST: Contract Term: October 5,2019 thru October 4,2020 The current bid 037-1412-18/MFD expires October 4,2019. On August 26,2019 Procurement Services opened and tabulated three(3)bids for Pipe Fittings and Accessories.All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend this award by a primary and secondary vendor.The award is based on the number of awarded items each vendor accumulated. Ferguson Primary Vendor I tem(s) 115 out of 220 Fortiline Secondary Vendor I tem(s) 106 out of 220 Core and Main Deemed non-responsive Core and Main issued a letter stating that they will give 30 days notice,at any point,for price adjustments due to tariffs.The bid states"The Vendor may submit a request for price adjustments ninety(90)days prior to the end of the annual bid term if base commodity prices have fluctuated from the base commodity amount for Other Metal Valve and Pipe Fitting Mfg.in accordance with the Producer Price Index(PPI)." In addition,the following vendors included a discount for all items not listed on the bid. Ferguson 10%Discount Fortiline 10%Discount The bid will allow for three(3)additional one(1)year extensions at the same terms and conditions subject to vendor acceptance,satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of pipe fittings and accessories.All orders are on an"AS NEEDED"basis. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$210,000. FY 16/17 expenditures were$149,994.44 FY 17/18 expenditures were$204,193.42 FY 18/19 expenditures to date are$197,010.66 ALTERNATIVES: To obtain quotes on an"AS NEEDED"basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 930 of 1128 Is this a grant? Grant Amount: Page 931 of 1128 7.F. CONSENT BIDS AND PURCHASES OVER$100,000 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Approve Purchase of Furniture from J CW hite Architectural Interior Products for a not to exceed price of $184,575.37 for the Cultural Center and a not to exceed price of$140,626.55 for City Hall utilizing Florida State Contract: #425-001-12-1 &#56120000-19-ACS. Explanation of Request: In order to keep the Town Square project within the approved budget, furniture and fixtures required for optimum operations were removed from the original furniture and fixture plan. The project is now in the final stages and staff has been able to find savings to fund the items that were removed from the budget. The original purchase was part of the contract for the project. If the contractors added this purchase to their contract, it would increase the cost to the City so staff recommends utilizing State Contract#425-001-12-1 and#56120000-19-ACS to directly purchase the furnishings. JCWhite is also donating over $30,000 of furniture to furnish the first and second floor hallway art gallery areas. This gift will greatly enhance the usability of the areas along with providing much needed seating for the Cultural Center. How will this affect city programs or services? The additional purchase will improve the functionality of City Hall and fully furnish the new Cultural Center. Fiscal Impact: Budgeted Funding for this purchase is available in Account#001-1214-512.49-17 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 932 of 1128 ATTACHMENTS: Type Description D Attachment State Contract Information D Attachment Cultural Center Price Sheet D Exhibit Cultural Center Furniture Book D Attachment City Hall Price Sheet D Exhibit City Hall Furniture Book Page 933 of 1128 K "RL0111i , i To: The City of Boynton Beach From: J. C. White Architectural Interior Products (Berwin Inc.) Re: Purchase of Furniture utilizing the Florida State Contract Dear Colin, This letter is to confirm to you that for the (3) Manufacturer's proposed to you in these recent proposals are all on the Florida State Contract: #425-001-12-1 & #56120000-19-ACS. J.C. White is an Authorized/Certified Florida State Contract Dealer/Distributor for the (3) Manufacturers proposed: Haworth Authorization Letter attached JSI Authorization Letter attached Global Authorization Letter attached If You should any other questions that I can help with, please do not hesitate to contact me at any time. Sincerely, Jim Marzano VP Page 1 of 1 Page 934 of 1128 Global Furniture Group 17 West Stow Road, PO Box 562,Marlton,New Jersey,USA 08053 t 856.596.3390 or 800.220.1900 1 f 856.596-5684 1 globalfurnituregroup.com 7 August 2020 City of Boynton Beach ATTN: Mr. Colin Geoff 100 E. Ocean Ave. Boynton Beach, FL 33435 Manufacturer's Confirmation of Authorized Servicing Dealer Authorized Servicing Dealer: JC White Architectural Interior Products State of Florida Contract#56120000-19-ACS Dear Mr. Geoff: obaI III Global Industries, Inc., a part of the Global Furniture Group, ("Global") is a worldwide L manufacturer and distributor of office, educational, institutional, hospitality, healthcare, Ifl nrspecialty markets furniture and related ergonomic accessories. groi Please accept this correspondence as confirmation that JC White is an authorized servicing dealer approved to represent, specify, sell and service Global products to the City of Boynton Beach under Global's State of Florida Contract#56120000-19-ACS.This dealer is responsive, responsible and in good standing with Global. Please feel free to contact me directly if you have any questions or concerns regarding any aspect of this submission. �Regards, Katie L. Higgins Contracts Supervisor Page 935 of 1128 2-] JS1 I 9L�- COMMUNITY Iffew/wtyewd& August 7, 2020 RE: Manufacturer's letter of dealer authorization —State of Florida Contract To Whom It May Concern: Please be advised that Berwin, Inc. dba JC White Office Furniture of Miramar, FL is a dealer in good standing with our company and is authorized and approved as an authorized dealer to quote, sell, and service JSI and Community product for the State of Florida Contract If you have any questions, or need anything further, please let me know. Thank you. Sincerely, o'I,' z i,L/,L' Kathy R. Vonderheide Contract Sales Manager CORPORATE OFFICE 800.457.4511 TOLL FREE 225 CLAY STREET 812.482.3204 OFFICE JSIFURNITURE.COM JASPER,INDIANA 47546 812.482.1548 FAX Page 936 of 1128 �� o '^—^W��������� �o vua n One Haworth Center Holland, Michigan 49423'9576 USA phone 616.393.3000 August 6th, 2020 fax 616�393�1570 hmwo th.com Anna Leite Senior Business Development Manager One Haworth Center Holland, Michigan 49423 U34 Re: State ofFlorida Contract ToWhom |tMay Concern: This letter certifies that JC White, located in Miramar and West Palm Beach, Florida is a Preferred Haworth Dealer in good standing and has distributed Haworth products within the Southern Florida market since l987. 4s such,J[White ixauthorized todistribute Haworth and affiliated products and to provide quotes on Haworth's behalf utilizing the State of Florida Contract. Any future questions about J{ White and their relationship with Haworth, Inc. can bedirected to me. Thank you for your interest inour highly skilled dealer and Haworth products. Sincerely, Anna Leite, 3enior Business Development Manager M*6mURTM, |N{. 305'3385490 Page 937Of1128 tis � 555555555 ca July 31, 2020 Pricing Summary For City of Boynton Beach Historical High School All Furniture Product: • 1St Floor Multi Use $ 25,383.87 • 2nd Floor SE Classroom $ 10,297.71 • 2nd Floor SW Classroom $ 10,297.71 • Auditorium $ 42,188.43 • Box Office Window $ 26,306.35 • Event Space/Rec $ 29,687.81 • Gallery $ 30,078.12 • Multimedia Room $ 10,297.71 • Pottery & Kiln $ 10,037.60 • Freight Charge $ 2,178.00 • Receive, Deliver & Install $ 17,900.00 Total for Project $214,653.31 J. C. White Credit in $ 30,078.12 form of a donation — Gallery Lounge Seating Will be supplied at no Charge to the City Final Total for Project (atterdonation) $184,575.37 Architectural InVD6 Us938 of 1128 QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 1 of 15 T CITY OF BOYNTON BEACH F Y OF BOYNTON BEACH-HISTORIC HS/CULTURAL ARTS C 100 E BOYNTON BCH BLVD BOYNTON BEACH, FL 33425-0310 N SEACREST BLVD YNTON BEACH, FL 33435 ATTN:A/P CONTACT C :1 ATTN:TBD Prepared for:Jim Marzano ......... ..---_ ------- -------- --------_ --------_ ------- --------_ --------_ -------_ ..................................................._,..._ Line I Quantity I Description I Unit Price Extended Amount ..m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.;_............................................................................................................................................................................................................................ ...m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m............................................................w 1 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 0.00 0.00 Lot FLORIDA STATE CONTRACT #425-001-12-1 2 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 17,900.00 17,900.00 Lot LABOR/HISTORIC HS/CULTURAL ARTS CTR DELIVERYAND INSTALLATION 3 1.00 HAWORTH INC. 381.41 381.41 Each 24-547-003 Ergotron,LearnFit Sit-Stand Desk Tag:Tag TG:1ST-MULTI USE 4 6.00 OFS BRANDS INC.(CAROLINA) 535.44 3,212.64 Each MM-121460SCD4---TFL--TFL--TFL-B3K-B3G-X9-LCK4-Forte-SNCK-X9 12x14x60 Storage Locker with 4 Doors,Mile Marker -TFL:Undecided TFL -TFL:Undecided TFL -TFL:Undecided TFL B3K:Left B3G:Euro Soft Close Hinge X9:None LCK4:Requires 4 Lock Cores Fo rte:Forte SNCK:Satin Nickel X9:None Tag:Tag TG:1ST-MULTI USE 5 6.00 OFS BRANDS INC.(CAROLINA) 535.44 3,212.64 Each MM-121460SCD4---TFL--TFL--TFL-B3L-B3G-X9-LCK4-Forte-SNCK-X9 12x14x60 Storage Locker with 4 Doors,Mile Marker -TFL:Undecided TFL -TFL:Undecided TFL -TFL:Undecided TFL B3L:Right B3G:Euro Soft Close Hinge X9:None LCK4:Requires 4 Lock Cores Fo rte:Forte SNCK:Satin Nickel X9:None Tag:Tag TG:1ST-MULTI USE Page 939 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 2 of 15 6 12.00 OFS BRANDS INC.(CAROLINA) 474.26 5,691.12 Each MM-301219BCC---TFL 30x12.25x17 Bench Cabinet Closed,Mile Marker -TFL:Undecided TFL Tag:Tag TG:1ST-MULTI USE 7 12.00 OFS BRANDS INC.(CAROLINA) 247.48 2,969.76 Each MM-3012BC--(GR4)-?? 30x12.5x2.375 Bench Cushion,Mile Marker (GR4):Select Group 4 Material ??:INCOMPLETE OPTIONS Tag:Tag TG:1ST-MULTI USE 8 20.00 HAWORTH INC. 120.63 2,412.60 Each SCH-44-09--,TR-HR-,KR-V Very Wire Stacker,Plstc Seat,Plstc Bk,Armless,Ganging, ,TR-HR:HERON GRD A ,KR-V:CHROME GRD D Tag:Tag TG:1ST-MULTI USE 9 10.00 HAWORTH INC. 750.37 7,503.70 Each TARA-3060-LJSNYH4--,H-KR-,HP-KR-,TR-LE Planes,Table,Rt,Lam,30"x60",Eb3,Std,Co:None,Yleg,Cst-Flip,29"H ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:1ST-MULTI USE 10 1.00 HAWORTH INC. 381.41 381.41 Each 24-547-003 Ergotron,LearnFit Sit-Stand Desk Tag:Tag TG:2ND-SE CLASS RM 11 20.00 HAWORTH INC. 120.63 2,412.60 Each SCH-44-09--,TR-HR-,KR-V Very Wire Stacker,Plstc Seat,Plstc Bk,Armless,Ganging, ,TR-HR:HERON GRD A ,KR-V:CHROME GRD D Tag:Tag TG:2ND-SE CLASS RM 12 10.00 HAWORTH INC. 750.37 7,503.70 Each TARA-3060-LJSNYH4--,H-KR-,HP-KR-,TR-LE Planes,Table,Rt,Lam,30"x60",Eb3,Std,Co:None,Yleg,Cst-Flip,29"H ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:2ND-SE CLASS RM 13 1.00 HAWORTH INC. 381.41 381.41 Each 24-547-003 Ergotron,LearnFit Sit-Stand Desk Tag:Tag TG:2ND-SW CLASS RM 14 20.00 HAWORTH INC. 120.63 2,412.60 Each SCH-44-09--,TR-HR-,KR-V Very Wire Stacker,Plstc Seat,Plstc Bk,Armless,Ganging, ,TR-HR:HERON GRD A Page 940 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 3 of 15 ,KR-V:CHROME GRD D Tag:Tag TG:2ND-SW CLASS RM 15 10.00 HAWORTH INC. 750.37 7,503.70 Each TARA-3060-LJSNYH4--,H-KR-,HP-KR-,TR-LE Planes,Table,Rt,Lam,30"x60",Eb3,Std,Co:None,Yleg,Cst-Flip,29"H ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:2ND-SW CLASS RM 16 4.00 MITY-LITE,INC. 503.49 2,013.96 Each CRTCT42-72BLK56--- CART;HOLDS 42"-72"CIRCULAR TABLE;EDGE;,BLK FRAME;NON- MARRING 6"CASTERS;NARROW -:REF.QUOTE#-SQ08707 Tag:Tag TG:AUDITORIUM 17 20.00 MITY-LITE,INC. 464.10 9,282.00 Each CT72BGB1--- 6'BEIGE TEXTURE CIRC TBL;29"TALL,BRN BTTM&,TRIM;BROWN, WISHBONE LEGS 08 -:REF.QUOTE#-SQ08707 Tag:Tag TG:AUDITORIUM 18 250.00 HAWORTH INC. 120.63 30,157.50 Each SCH-44-09--,TR-HR-,KR-V Very Wire Stacker,Plstc Seat,Plstc Bk,Armless,Ganging, ,TR-HR:HERON GRD A ,KR-V:CHROME GRD D Tag:Tag TG:AUDITORIUM 19 3.00 HAWORTH INC. 244.99 734.97 Each SCT-1 Very Seating,Cart,For High Density Chairs Tag:Tag TG:AUDITORIUM 20 2.00 HAWORTH INC. 525.08 1,050.16 Each JLPD-0330-SJ--,TR-PLS-,LR-BP X Series,39.5"H x 30"W,Lateral File,File,File,Ptd Drawer Front,Proud,Ptd Lock Bar,Freestanding,J Pull,Glides ,TR-PLS:SMOOTH PLASTER GRD A ,LR-BP:CHROME GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 21 1.00 HAWORTH INC. 690.49 690.49 Each JLPD-0342-SJ--,TR-PLS-,LR-BP X Series,39.5"H x 42"W,Lateral File,File,File,Ptd Drawer Front,Proud,Ptd Lock Bar,Freestanding,J Pull,Glides ,TR-PLS:SMOOTH PLASTER GRD A ,LR-BP:CHROME GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 22 2.00 HAWORTH INC. 277.84 555.68 Each JPAH-24-SJ--,TR-PLS-,LR-BP Page 941 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 4 of 15 X Series,Pedestal,Attached,B/B/F,24"D,PtdDrwFrt,Stl LkrI,J Pull ,TR-PLS:SMOOTH PLASTER GRD A ,LR-BP:CHROME GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 23 3.00 HAWORTH INC. 290.31 870.93 Each JPAH-30-SJ--,TR-PLS-,LR-BP X Series,Pedestal,Attached,B/B/F,30"D,PtdDrwFrt,Stl LkrI,J Pull ,TR-PLS:SMOOTH PLASTER GRD A ,LR-BP:CHROME GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 24 4.00 HAWORTH INC. 260.38 1,041.52 Each JPAJ-24-SJ--,TR-PLS-,LR-BP X Series,Pedestal,Attached,F/F,24"D,PtdDrwFrt,Stl LkrI,J Pull ,TR-PLS:SMOOTH PLASTER GRD A ,LR-BP:CHROME GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 25 1.00 HAWORTH INC. 183.25 183.25 Each JTPL-1842-JYJYS--,H-KR-,HP-KR X Series,Common Top,Prd Frnt,Lam Top, 18.75Dx42W,3mm Plstc Usr,1 mm LH,3mm Bck,1mm RH ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 26 1.00 HAWORTH INC. 247.90 247.90 Each JTPL-1860-JYJYS--,H-KR-,HP-KR X Series,Common Top,Prd Frnt,Lam Top, 18.75Dx60W,3mm Plstc Usr,1 mm LH,3mm Bck,1mm RH ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 27 2.00 HAWORTH INC. 207.86 415.72 Each M600-21 1 0-M--(XJ)-,XJ-ST-,TR-LE-,TR-E Improv,41-eg,Side chair,Uph Plstc Bk,Arm,Glides,Metallic trim, (XJ):WELLINGTON GRD A ,XJ-ST:STORM GRD A ,TR-LE:METALLIC SILVER GRD B ,TR-E:SMOKE GRD A Tag:Tag TG:BOX OFFICE WIND 28 5.00 HAWORTH INC. 207.86 1,039.30 Each M600-21 1 0-M--(XJ)-,XJ-ST-,TR-LE-,TR-E Improv,41-eg,Side chair,Uph Plstc Bk,Arm,Glides,Metallic trim, (XJ):WELLINGTON GRD A ,XJ-ST:STORM GRD A ,TR-LE:METALLIC SILVER GRD B Page 942 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 5 of 15 ,TR-E:SMOKE GRD A Tag:Tag TG:BOX OFFICE WIND 29 1.00 HAWORTH INC. 333.24 333.24 Each SCS-34-3TE--(XJ)-,XJ-ST-,TR-HR-,TR-7-,KR-V Very Side Enhanced,Faux Lea Seat,Perforated Bk,Arm,2Tone Csts, (XJ):WELLINGTON GRD A ,XJ-ST:STORM GRD A ,TR-HR:HERON GRD A ,TR-7:FOG GRD A ,KR-V:CHROME GRD D Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 30 1.00 HAWORTH INC. 488.88 488.88 Each SJT-30-711ATA--(XJ)-,XJ-BU-,XT-5-,TR-7-,TR-LE Soji Task,Faux Lea St/Mesh Bk,4D Arm,Lum,Bk Lock,Adj Seat,Alu Base, 2Tone Hrd Cstr,Assembled (XJ):WELLINGTON GRD A ,XJ-BU:BUFF GRD A ,XT-5:MIST GRD A ,TR-7:FOG GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 31 3.00 HAWORTH INC. 488.88 1,466.64 Each SJT-30-711ATA--(XJ)-,XJ-BU-,XT-5-,TR-7-,TR-LE Soji Task,Faux Lea St/Mesh Bk,4D Arm,Lum,Bk Lock,Adj Seat,Alu Base, 2Tone Hrd Cstr,Assembled (XJ):WELLINGTON GRD A ,XJ-BU:BUFF GRD A ,XT-5:MIST GRD A ,TR-7:FOG GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 32 4.00 HAWORTH INC. 488.88 1,955.52 Each SJT-30-711ATA--(XJ)-,XJ-BU-,XT-5-,TR-7-,TR-LE Soji Task,Faux Lea St/Mesh Bk,4D Arm,Lum,Bk Lock,Adj Seat,Alu Base, 2Tone Hrd Cstr,Assembled (XJ):WELLINGTON GRD A ,XJ-BU:BUFF GRD A ,XT-5:MIST GRD A ,TR-7:FOG GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 33 16.00 HAWORTH INC. 0.98 15.68 Each VZAD-0000-R--,TR-TW Elec Comp,Data Blank Cover,Hard Surf Tiles all manuf dates,Fabric Tiles manuf after 3/17/2009 ,TR-TW:PLASTER(TEXTURED)GRD A Page 943 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 6 of 15 Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 34 4.00 HAWORTH INC. 1.30 5.20 Each VZAL-4200 Panel,Vertical Light Block,42in,Compose Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 35 7.00 HAWORTH INC. 1.63 11.41 Each VZAR-0000--,TR-TW Panel,Receptacle Blank Cover,Compose ,TR-TW:PLASTER(TEXTURED)GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 36 2.00 HAWORTH INC. 24.90 49.80 Each VZCC-0030-A--,TR-PLS Compose,Top Trim 301n.W,Alumn ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 37 4.00 HAWORTH INC. 43.23 172.92 Each VZCC-0072-A--,TR-PLS Compose,Top Trim 721n.W,Alumn ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 38 5.00 HAWORTH INC. 61.16 305.80 Each VZCE-5800-A--,TR-PLS Compose,Panel Trim,End-Of-Run 581n.H,Alum ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 39 2.00 HAWORTH INC. 11.72 23.44 Each VZCS-0000 Compose,Corner Block Assembly,90Deg Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 40 1.00 HAWORTH INC. 107.72 107.72 Each VZCT-5800-A--,TR-PLS-,TR-PLS Compose,Connector Trim,Corner,3-Way 581n.H,Alum ,TR-PLS:SMOOTH PLASTER GRD A ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 41 1.00 HAWORTH INC. 76.30 76.30 Each VZCX-5800-A--,TR-PLS Compose,Connector Trim,Corner,4-Way 581n.H,Alum ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW Page 944 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 7 of 15 42 1.00 HAWORTH INC. 86.89 86.89 Each VZEB-0000-3 Compose,Base Feed Module,3Cir,332 Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 43 1.00 HAWORTH INC. 29.96 29.96 Each VZEF-OROS Compose,Flex Connector,Straight Span,3-Circuit Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 44 2.00 HAWORTH INC. 65.45 130.90 Each VZER-0003-M--,TR-TW Compose,Receptacle,Triplex, 15-Amp,3 Circuit,332,CM ,TR-TW:PLASTER(TEXTURED)GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 45 4.00 HAWORTH INC. 347.23 1,388.92 Each VZGS-1672-1--,TR-PLS-,SK-1C Compose,Glass Stack 161n.H X 721n.W ,TR-PLS:SMOOTH PLASTER GRD A ,SK-1C:CLEAR GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 46 4.00 HAWORTH INC. 15.24 60.96 Each WUAR-3900-PH Worksurface Reinforcement Channel 391n Width Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 47 1.00 HAWORTH INC. 16.59 16.59 Each WUAR-5400-PH Worksurface Reinforcement Channel 541n Width Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 48 4.00 HAWORTH INC. 97.19 388.76 Each WURA-2442-LJSA--,H-KR-,HP-KR Worksurface,Rect,24Dx42W,Lam,Edgeband,Std Core,Notched ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 49 1.00 HAWORTH INC. 161.77 161.77 Each WURA-2474-LJSC--,H-KR-,HP-KR Worksurface,Rect,24Dx74W,Lam,Edgeband,Std Core,No Cbl Mgt, ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 50 4.00 HAWORTH INC. 182.49 729.96 Each WURA-3072-LJSA--,H-KR-,HP-KR Page 945 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 8 of 15 Worksurface,Rect,30Dx72W,Lam,Edgeband,Std Core,Notched ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 51 8.00 HAWORTH INC. 6.30 50.40 Each ZUBF-0000-PN Flush Mount Plate Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 52 3.00 HAWORTH INC. 49.28 147.84 Each ZUFJ-0101-PNFG--,TR-PLS Compose,Single Support Leg ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 53 2.00 HAWORTH INC. 5.44 10.88 Each ZZBA-0000-PL Side/Corner Bracket,LH Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 54 2.00 HAWORTH INC. 5.44 10.88 Each ZZBA-0000-PR Side/Corner Bracket,RH Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 55 3.00 HAWORTH INC. 28.66 85.98 Each ZZBD-1600-PP Compose,Cntivr Brkt,161n.D,Bh Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 56 4.00 HAWORTH INC. 96.98 387.92 Each ZZFS-2400-LNEJ--,H-KR-,HP-KR Worksurface Support Panel,Compose,241n.W,Lam,3mm Edgeband Top ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A Tag:Tag TG:BOX OFFICE WIND Tag T4:NEW 57 4.00 HAWORTH INC. 117.56 470.24 Each VZFF-4236-N3HHNR--,TR-PLS-,TR-PLS-,TR-PLS Compose,Frm,42Hx36W,Bs 3CIR,Bs Cvhl/Cvhl,No Blt Pwr,Std ,TR-PLS:SMOOTH PLASTER GRD A ,TR-PLS:SMOOTH PLASTER GRD A ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:4236133 Tag T4:NEW 58 8.00 HAWORTH INC. 45.97 367.76 Each VZTI-3236-FNN--(36)-,36-ET Page 946 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 9 of 15 Compose,Single Tile,321n.HX361n.W,Fabric/Tackable,Std Core,No Tech (36):AERIAL GRD A ,36-ET:ETHEREAL GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:4236133 Tag T4:NEW 59 4.00 HAWORTH INC. 58.29 233.16 Each VZFF-4236-NNNNNR--,TR-PLS Compose,Frm,42Hx36W,Bs NoPwr,No BsTrm/No BsTrm,No Blt Pwr,Std ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:4236DN Tag T4:NEW 60 8.00 HAWORTH INC. 54.49 435.92 Each VZTI-4036-FNN--(36)-,36-ET Compose,Single Tile,401n.HX361n.W,Fabric/Tackable,Std Core,No Tech (36):AERIAL GRD A ,36-ET:ETHEREAL GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:4236DN Tag T4:NEW 61 2.00 HAWORTH INC. 53.40 106.80 Each VZFF-4230-NNNNNR--,TR-PLS Compose,Frm,42HX30W,Bs NoPwr,No BsTrm/No BsTrm,No Blt Pwr,Std ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:5830CN(42/16) Tag T4:NEW 62 2.00 HAWORTH INC. 185.81 371.62 Each VZGS-1630-1--,TR-PLS-,SK-1C Compose,Glass Stack 161n.H X 301n.W ,TR-PLS:SMOOTH PLASTER GRD A ,SK-1C:CLEAR GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:5830CN(42/16) Tag T4:NEW 63 4.00 HAWORTH INC. 49.28 197.12 Each VZTI-4030-FNN--(36)-,36-ET Single TIle,401n.HX301n.W,For Use W/Compose,Fabric/Tackable,Std Core,No Tech (36):AERIAL GRD A ,36-ET:ETHEREAL GRD A Tag:Tag TG:BOX OFFICE WIND Tag T3:5830CN(42/16) Tag T4:NEW 64 3.00 GROUPIE LACASSE LLC 282.94 848.82 Each 41 NN-DT2448B--(1)-? Work Surface,Rectangular,Full-Ht Mod.Pnl,1 Full-Width Leg,1 Recessed Leg,1 Grommet 24"(600MM)D x 48"(1200MM)W Page 947 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 10 of 15 (1):Single-Tone ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 65 1.00 GROUPIE LACASSE LLC 282.94 282.94 Each 41NN-DT2448B--(1)-? Work Surface,Rectangular,Full-Ht Mod.Pnl,1 Full-Width Leg,1 Recessed Leg,1 Grommet 24"(600MM)D x 48"(1200MM)W (1):Single-Tone ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 66 3.00 GROUPIE LACASSE LLC 362.84 1,088.52 Each 41 NN-TDM3072--(1)-? Desk Shell,Full-Ht.Mod. Pnl,Accomodates 1 or 2 Pedestals 30"(750MM)D x 72"(1800MM)W (1):Single-Tone ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 67 1.00 GROUPIE LACASSE LLC 376.94 376.94 Each 41 NN-TDM3672--(1)-? Desk Shell,Full-Ht.Mod. Pnl,Accomodates 1 or 2 Pedestals 36"(900MM)D x 72"(1800MM)W (1):Single-Tone ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 68 1.00 GROUPIE LACASSE LLC 935.30 935.30 Each 41YN-LF2472LF--(1)-? Credenza,Lateral File,4 Lat Files,Locks,Alum Hndl 24"(600MM)D x 72"(1800MM)W (1):Single-Tone ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 69 1.00 GROUPIE LACASSE LLC 356.73 356.73 Each 4NYN-P1518FFL--?-?? Pedestal,Modular,F/F,w/Lock,Alum Hndl 18"(450MM)Dx 15'(388MM)Wx 28"(713MM)H ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 70 3.00 GROUPIE LACASSE LLC 356.73 1,070.19 Each 4NYN-P1518FFL--?-?? Pedestal,Modular,F/F,w/Lock,Alum Hndl 18"(450MM)Dx 15'(388MM)Wx 28"(713MM)H ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 71 3.00 GROUPIE LACASSE LLC 370.83 1,112.49 Each 4NYN-P1518UFL--?-?? Pedestal,Modular,B/B/F,Pencil Tray,w/Lock,Alum Hndl 18"(448MM)D x 15'(388MM)W x 28"(711 MM)H Page 948 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 11 of 15 ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 72 1.00 GROUPIE LACASSE LLC 370.83 370.83 Each 4NYN-P1518UFL--?-?? Pedestal,Modular,B/B/F,Pencil Tray,w/Lock,Alum Hndl 18"(448MM)D x 15"(388MM)W x 28"(711 MM)H ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 73 3.00 GROUPIE LACASSE LLC 136.30 408.90 Each LGC-T5LE49 Electronic fluorescent task lights T5,49" Tag:Tag TG:BOX OFFICE WINDOW 74 3.00 GROUPIE LACASSE LLC 243.93 731.79 Each LGC-TK7821M--(GR4)-? Wall-Mount Tackboards,78 x Y x 21 (GR4):Grade 4 ?:------UNSELECTED------ Tag:Tag TG:BOX OFFICE WINDOW 75 3.00 GROUPIE LACASSE LLC 581.39 1,744.17 Each NNNNN-EM781616C--(2)-?? WLMNT HUTC SLIDNG DOOR,78 x 16 x 16 (2):Two-Tone ??:INCOMPLETE OPTIONS Tag:Tag TG:BOX OFFICE WINDOW 76 1.00 HAWORTH INC. 381.41 381.41 Each 24-547-003 Ergotron,LearnFit Sit-Stand Desk Tag:Tag TG:EVENT SPACE/REC 77 24.00 HAWORTH INC. 310.75 7,458.00 Each HCCE-AL1--,6R-1 HC,Cappellini,Alodia,Low Stool ,6R-1:MATTE WHITE GRD A Tag:Tag TG:EVENT SPACE/REC 78 20.00 HAWORTH INC. 217.62 4,352.40 Each SCWC-44-OS--,TR-HR-,KR-V Very Wire Stool,Counter Height, Plstc Seat, Plstc Bk,Armless, ,TR-HR:HERON GRD A ,KR-V:CHROME GRD D Tag:Tag TG:EVENT SPACE/REC 79 6.00 VERSTEEL, DITTO SALES INC 1,594.50 9,567.00 Each MKU 3672REH36 C--<-TBD-L-P3S-TSP-TOR-TBD-- Maker 36x72 Utility Table,36"High,Casters <:Studio Steel Process TBD:Std Powder Coat(to be specified) L:HP Laminate Surface Table Top P3S:1 3/4"Flat PVC Edge w/Square Corners TSP:Special Laminate Page 949 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 12 of 15 TOR:WILSONART/TRUSS MAPLE/7972K-60 WITH CHEMSURF FINISH TBD:Std PVC Edge(to be specified) -:REF.QUOTE#WD 1767-02 032 Tag:Tag TG:EVENT SPACE/REC. 80 2.00 VERSTEEL, DITTO SALES INC 776.00 1,552.00 Each TY1 3048 R EST--L-P2S-TS P-TOR-TBD->-TBD---BS R---- TY,30 x 48 Rectangle,Slim Tilt Y Bases L:HP Laminate Surface Table Top P2S:1 1/4"Flat PVC w/Square Corners TSP:Special Laminate Top TOR:WILSONART/TRUSS MAPLE/7972K-60 WITH CHEMSURF FINISH TBD:Std PVC Edge(to be specified) >:Standard Process TBD:Std Powder Coat(to be specified) :Standard 29"Tbl Height BSR:Stretcher Rail -:Std 29"Table Height -:REF.QUOTE#WD 1767-02 032 Tag:Tag TG:EVENT SPACE/REC. 81 2.00 VERSTEEL, DITTO SALES INC 697.00 1,394.00 Each TY1 3048 R EST--L-P2S-TS P-TOR->-TBD-BSR-BS P---- TY,30 x 48 Rectangle,Slim Tilt Y Bases L:HP Laminate Surface Table Top P2S:1 1/4"Flat PVC w/Square Corners TSP:Special Laminate Top TOR:WILSONART/TRUSS MAPLE/7972K-60 WITH CHEMSURF FINISHWILSONART/TRUSS MAPLE/7972K-60 WITH CHEMSURF FINISH >:Standard Process TBD:Std Powder Coat(to be specified) BSR:Stretcher Rail BSP:Alt Height 32"and Over -:-36"H -:REF.QUOTE#WD 1767-02 032 Tag:Tag TG:EVENT SPACE/REC. 82 6.00 VERSTEEL, DITTO SALES INC 830.50 4,983.00 Each TY1 3072 R EST--L-P2S-TS P-TOR-TBD->-TBD-BS R-BS P---- TY,30 x 72 Rectangle,Slim Tilt Y Bases L:HP Laminate Surface Table Top P2S:1 1/4"Flat PVC w/Square Corners TSP:Special Laminate Top TOR:WILSONART/TRUSS MAPLE/7972K-60 WITH CHEMSURF FINISH TBD:Std PVC Edge(to be specified) >:Standard Process TBD:Std Powder Coat(to be specified) BSR:Stretcher Rail BSP:Alt Height 32"and Over -:-36"H -:REF.QUOTE#WD 1767-02 032 Tag:Tag TG:EVENT SPACE/REC. 83 14.00 GLOBAL FURNITURE GROUP 698.89 9,784.46 Page 950 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 13 of 15 Each 7701 NA---04--GPM4-GPM4-R1---- RIVER,24.5"wx 29.5'd x 32"h,Lounge Chair,Armless,Std with Metal legs, Ganging Hardware Included(Both Sides),Electrical Option Available,GLOBAL SEATING USA -04:Grade 04 -GPM4:Graded In Grade 04 GPM4:1-Graded In Grade 04 Fabrics R1:F-Round Tungsten Legs[TUN] :Power/USB Module not Required,Left Side(Se :Power/USB Module not Required,Right Side(S Tag:Tag TG:GALLERY Tag GC:FIRST FLOOR 84 2.00 GLOBAL FURNITURE GROUP 764.22 1,528.44 Each 7725---04--GPM4-GPM4-R1---- RIVER,48.5"wx 28"d x 17.5'h,2 Seat Bench,Std with Metal legs,Ganging Hardware Included(Both Sides),Electrical Option Available,GLOBAL SEATING USA -04:Grade 04 -GPM4:Graded In Grade 04 GPM4:1-Graded In Grade 04 Fabrics R1:F-Round Tungsten Legs[TUN] :Power/USB Module not Required,Left Side(Se :Power/USB Module not Required,Right Side(S Tag:Tag TG:GALLERY Tag GC:FIRST FLOOR 85 4.00 GLOBAL FURNITURE GROUP 530.63 2,122.52 Each 7728---04--GPM4-GPM4-R1---- RIVER,24.5"wx 28"d x 17.5'h,1 Seat Bench,Std with Metal legs,Ganging Hardware Included(Both Sides),Electrical Option Available,GLOBAL SEATING USA -04:Grade 04 -GPM4:Graded In Grade 04 GPM4:1-Graded In Grade 04 Fabrics R1:F-Round Tungsten Legs[TUN] :Power/USB Module not Required,Left Side(Se :Power/USB Module not Required,Right Side(S Tag:Tag TG:GALLERY Tag GC:FIRST FLOOR 86 9.00 GLOBAL FURNITURE GROUP 428.64 3,857.76 Each 7731---RVL-ACJ-R3---- RIVER,30"w x 30"d x 17"h,Square Coffee Table,Electrical Option Available, Cannot Gang,High Pressure Laminate Only,GLOBAL SEATING USA -RVL:River Laminate Options ACJ:1-Absolute Acajou R3:F-(STD)Round Chrome Legs[CH] :Power/USB Module not Required,Top Center(P :Power/USB Module not Required,Side(Seconda Tag:Tag TG:GALLERY Tag GC:FIRST FLOOR 87 14.00 GLOBAL FURNITURE GROUP 698.89 9,784.46 Page 951 of 1128 � QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 14 of 15 Each 7701 NA---04--GPM4-GPM4-R1---- RIVER,24.5"wx 29.5'd x 32"h,Lounge Chair,Armless,Std with Metal legs, Ganging Hardware Included(Both Sides),Electrical Option Available,GLOBAL SEATING USA -04:Grade 04 -GPM4:Graded In Grade 04 GPM4:1-Graded In Grade 04 Fabrics R1:F-Round Tungsten Legs[TUN] :Power/USB Module not Required,Left Side(Se :Power/USB Module not Required,Right Side(S Tag:Tag TG:GALLERY Tag GC:SECOND FLOOR 88 7.00 GLOBAL FURNITURE GROUP 428.64 3,000.48 Each 7731---RVL-ACJ-R3---- RIVER,30"w x 30"d x 17"h,Square Coffee Table,Electrical Option Available, Cannot Gang,High Pressure Laminate Only,GLOBAL SEATING USA -RVL:River Laminate Options ACJ:1-Absolute Acajou R3:F-(STD)Round Chrome Legs[CH] :Power/USB Module not Required,Top Center(P :Power/USB Module not Required,Side(Seconda Tag:Tag TG:GALLERY Tag GC:SECOND FLOOR 89 1.00 HAWORTH INC. 381.41 381.41 Each 24-547-003 Ergotron,LearnFit Sit-Stand Desk Tag:Tag TG:MULTIMEDIA ROOM 90 20.00 HAWORTH INC. 120.63 2,412.60 Each SCH-44-09--,TR-HR-,KR-V Very Wire Stacker,Plstc Seat,Plstc Bk,Armless,Ganging, ,TR-HR:HERON GRD A ,KR-V:CHROME GRD D Tag:Tag TG:MULTIMEDIA ROOM 91 10.00 HAWORTH INC. 750.37 7,503.70 Each TARA-3060-LJSNYH4--,H-KR-,HP-KR-,TR-LE Planes,Table,Rt,Lam,30"x60",Eb3,Std,Co:None,Yleg,Cst-Flip,29"H ,H-KR:PHANTOM ECRU GRD B ,HP-KR:PHANTOM ECRU GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:MULTIMEDIA ROOM 92 20.00 HAWORTH INC. 120.63 2,412.60 Each SCH-44-09--,TR-HR-,KR-V Very Wire Stacker,Plstc Seat,Plstc Bk,Armless,Ganging, ,TR-HR:HERON GRD A ,KR-V:CHROME GRD D Tag:Tag TG:POTTERY&KILN 93 5.00 VERSTEEL, DITTO SALES INC 1,525.00 7,625.00 Each MKU 4272REH29 C--<-TBD-L-P3S-TSP-TOR-TBD-- Maker 42x72 Utility Table,29"High,Casters Page 952 of 1128 l. QUOTE Order Number 103750 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhl 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 15 of 15 <:Studio Steel Process TBD:Std Powder Coat(to be specified) L:HP Laminate Surface Table Top P3S:1 3/4"Flat PVC Edge w/Square Corners TSP:Special Laminate TOR:WILSONART/TRUSS MAPLE/7972K-60 WITH CHEM SURF FINISH TBD:Standard PVC Edge(to be specified) -:REF.QUOTE#WD 1767-02 032 Tag:Tag TG:POTTERY&KILN RM. 94 1.00 MITY-LITE,INC. 2,178.18 2,178.18 Lot FREIGHT CHARGE TO DELIVER MITY LITE.QT#SQ08707 Tag:Tag TG:Z-FREIGHT 95 1.00 JC WHITE ARCH INTERIOR PRODS(NON P/O) -30,078.12 -30,078.12 Lot CREDIT-GALLERY LOUNGE FURNITURE CREDIT FOR GALLERY LOUNGE FURNITURE Order Sub-Total : $184,575.37 TOTAL ORDER: $184,575.37 Required Deposit 50% : $92,287.69 PLEASE REVIEW THIS QUOTATION AND NOTIFY US PROMPTLY OF ANY CORRECTIONS REQUIRED THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE Page 953 of 1128 J ?s .................. r r ( i i k � 00 In LLN w Q D r u z (; uj (7�� u � c � � » . . . ! . d , � } \ � ) � } � ( } } m \ ( ( 2 3 fi( i �;- a a 1- .1' 1U6 Aim 04 .'. t v OWN j t `J f I N 8- Val 4{ �'I�t 1 LI1 - .Qod { J JP s. r £ �£r Wo" r' , �'*. r `f. c r ;fix} MCI ..�^. } ow a} PAR— ...... 4 1 N O 9 � t� N ItI WME- Jam > + -: r .,u..mtvs Yumc h,�l'>`•m .'t gar a, t� �r- # �, i lfr,� ` r., q6 �r v Win 91 a� Fk i 7 St �d t vfiv r difill J" n� a , ,fin •� 1 � r� 7 , 4� I f�ff r ,r ;fit; Y .oma s;r ,f! i� � y Pj uj F-- 00 O uj uj m WWI m 1� a i� f ) l; �t r 1' � IJ� � t � t till i FT,Inr y! 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LU 1 t� t' i ft tl4� 41 a . 4Il1U�l�ST 1 3: w w z o< z -t- u < zLU _ z U w tu+e z �Vr( 10 w ao < v> w - 0 o w vt M ED o C� > z I- z cYJ -L '_. w w N ( 0 Lu -L 0 ` iii � z Com . zJ — ED v> v> z +as +as F 14 {} i } \\ \\\ } �\ § m ( \ ( ( y � ? � ( ! d ( �§ } � ° } tis � 555555555 July 31, 2020 Pricing Summary For City of Boynton Beach City Hall — Additional Furniture Requests Below are the Sub-totals for the additional Furniture products requested during the City Hall Building "Walk-thru" on 7-16-20: • 1St Floor = $ 22,566.18 (Furniture & Installation) • 3rd Floor = $ 46,576.76 (Furniture & Installation) • 4t" Floor= $ 33,836.90 (Furniture & Installation) $ 17,938.79 (Modular Wall Conference Room — Marketing Area) $ 26,423.14 (Modular Wall Conference Room) Architectural InVD6 Us975 of 1128 QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 1 of 8 rATTN: Y OF BOYNTON BEACH FATTN:TBD Y OF BOYNTON BEACH-CITY HALL 4TH FLR E BOYNTON BCH BLVD N SEACREST BLVD YNTON BEACH, FL 33425-0310 :1 YNTON BEACH, FL 33435 A/P CONTACT C Prepared for:Jim Marzano ......... ..---_ ------- -------- --------_ --------_ ------- --------_ --------_ -------_ ..................................................._,..._ Line I Quantity I Description I Unit Price Extended Amount ..m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.;_............................................................................................................................................................................................................................ ...m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m............................................................w 1 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 0.00 0.00 Lot 425-001-12-1 FLORIDA STATE CONTRACT 2 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 3,555.00 3,555.00 Lot LABOR/TOWN HALL LEVEL 4 CHARGE TO DELIVER AND INSTLL DURING NORMAL BUSINESS HOURS; MON-FRI,9-5. Tag:Tag TG:Z-LABOR Tag GC:NEW 7/24/20 3 1.00 WATSON FURNITURE 4,653.00 4,653.00 Each VANT48 WADDELL VANTAGE SERIES73"x 48"x 15",LIGHTED Tag:Tag TG:400-LOBBY Tag GC:NEW 7/24/20 4 1.00 HAWORTH INC. 1,022.09 1,022.09 Each JCPY-0542-SSJ--,TR-PLS-,LR-BP X Series,Combo Unit,63.5'H x 42"W,LatFile,LatFile,4,5HI,Ptd Drw Frnt,Ptd Dr Frnt,Ptd Lock Rail,J Pull,TchLtch,FS,GIIdes ,TR-PLS:SMOOTH PLASTER GRD A ,LR-BP:CHROME GRD A Tag:Tag TG:402-ADMIN STO Tag GC:NEW 7/24/20 Tag T4:NEW 5 8.00 HAWORTH INC. 327.33 2,618.64 Each M600-2210-M--,ZH-HJ7-,TR-LE-,TR-E Improv,41-eg,Side chair,Uph Bk,Arm,Glides,Metallic trim, ,ZH-HJ7:DESIGNTEXCOURSE POOL 3779-401 ,TR-LE:METALLIC SILVER GRD B ,TR-E:SMOKE GRD A Tag:Tag TG:402-MARKETING Tag GC:NEW 7/24/20 Tag T4:NEW 6 1.00 HAWORTH INC. 1,563.79 1,563.79 Each TCRA-4896-LJSNGG4A--,H-KN-,HP-KN-,TR-PLS Jive,Tbl,Rect,Lam,48"x96",Eb3,Std,Co:none,Brd,Gld,29"h,Ptd ,H-KN:GREY ELM GRD B ,HP-KN:GREY ELM GRD A ,TR-PLS:SMOOTH PLASTER GRD A Page 976 of 1128 � QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 2 of 8 Tag:Tag TG:402-MARKETING Tag GC:NEW 7/24/20 Tag T4:NEW 7 1.00 J C WHITE ARCH INTERIOR PRODS(ONLINE PURCHASES) 15,538.79 15,538.79 Each WALLS Haworth Enclose Modular Wall System-Includes all product,walls,glass walls &Doors to complete according to Spec's provided. (Product Only) Tag:Tag TG:402-MARKETING CONF Tag GC:NEW 7/24/20 Tag T4:NEW 8 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 2,400.00 2,400.00 Lot WALLS LABOR Receive,Inspect,Deliver&Install Conference Room 402, Haworth Enclose Wall System(Labor Only) Tag:Tag TG:402-MARKETING CONF Tag GC:NEW 7/24/20 Tag T4:NEW 9 1.00 JASPER GROUP 1,425.04 1,425.04 Each BS1854-27TFSR--WA1-CLW-GRV-STS-- BeSPACE Std HeightTransition Credenza Full Storage-Right,18D x 54W x 20 -27H WA1:Walnut Flat Cut CLW:Clear on Walnut GRV:Greek Villa Drawer Color STS:Stardust Silver(Metal Leg Color) -:No Back Grommet Selected Tag:Tag TG:408-C.M.OFFICE Tag GC:NEW 7/24/20 10 1.00 JASPER GROUP 962.09 962.09 Each FLV1536-69FBC--DC1-HORZ-FOS Flux 36w 69 1/4h Bookcase DC1:Double Cut Veneer HORZ:Horizontal Grain Direction FOS:Fossil (horizontal) Tag:Tag TG:408-C.M.OFFICE Tag GC:NEW 7/24/20 11 1.00 GROUPIE LACASSE LLC 270.90 270.90 Each 41 NN-DT2448B--(1)-NGA Work Surface,Rectangular,Full-Ht Mod.Pnl,1 Full-Width Leg,1 Recessed Leg,1 Grommet 24"(600MM)D x 48"(1200MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:412-ECONOMIC DIR. Tag GC:NEW 7/24/20 12 1.00 GROUPIE LACASSE LLC 347.40 347.40 Each 41 NN-TDM3072--(1)-NGA Desk Shell,Full-Ht.Mod. Pnl,Accomodates 1 or 2 Pedestals 30"(750MM)D x 72"(1800MM)W (1):Single-Tone Page 977 of 1128 � QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 3 of 8 NGA:Wood Grain-Niagra Tag:Tag TG:412-ECONOMIC DIR. Tag GC:NEW 7/24/20 13 1.00 GROUPIE LACASSE LLC 130.50 130.50 Each LGC-T5LE49 Electronic fluorescent task lights T5,49" Tag:Tag TG:417-OFFICE Tag GC:NEW 7/24/20 14 1.00 GROUPIE LACASSE LLC 202.95 202.95 Each LGC-TK6621M--(GR2)-BB-09 Wall-Mount Tackboards,66 x Y x 21 (GR2):Grade 2 BB:Big Buzz 09:Big Buzz-Scoop Tag:Tag TG:417-OFFICE Tag GC:NEW 7/24/20 15 1.00 GROUPIE LACASSE LLC 528.75 528.75 Each NNNNN-EM661616C--(1)-NGA WLMNT HUTC SLIDNG DOOR,66 x 16 x 16 (1):Single-Tone NGA:Wood Grain-Niagara Tag:Tag TG:417-OFFICE Tag GC:NEW 7/24/20 16 6.00 HAWORTH INC. 425.02 2,550.12 Each SJT-20-411A1A--(MV)-,MV-S-,XT-7-,TR-7-,TR-LE Soji Task,Fab St/Mesh Bk,Hgt Adj Arm,Lum,Bk Lock,Adj Seat,Alu Base,Hrd Cstr,Assembled (MV):TECH GRD B ,MV-S:SKILL GRD B ,XT-7:OCEAN GRD A ,TR-7:FOG GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:418-CON FERENC Tag GC:NEW 7/24/20 Tag T4:NEW 17 1.00 HAWORTH INC. 1,734.79 1,734.79 Each TCRA-54A8-LJSNGG4A--,H-KN-,HP-KN-,TR-PLS J ive,Tbl,Rect,Lam,54"x108",Eb3,Std,Co:none,Brd,Gld,29"h,Ptd ,H-KN:GREY ELM GRD B ,HP-KN:GREY ELM GRD A ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:418-CON FERENC Tag GC:NEW 7/24/20 Tag T4:NEW 18 1.00 J C WHITE ARCH INTERIOR PRODS(ONLINE PURCHASES) 23,063.14 23,063.14 Each WALLS Haworth Enclose Modular Wall System-Includes all product,walls,glass walls &Doors to complete according to Spec's provided. (Product Only) Tag:Tag TG:418-CONFERENCE Page 978 of 1128 � QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 4 of 8 Tag GC:NEW 7/24/20 Tag T4:NEW 19 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 3,360.00 3,360.00 Lot WALLS LABOR Receive,Inspect,Deliver&Install Conference Room 402, Haworth Enclose Wall System(Labor Only) Tag:Tag TG:418-CONFERENCE Tag GC:NEW 7/24/20 Tag T4:NEW 20 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:420-SPL. EVT.MNGR Tag GC:NEW 7/24/20 21 1.00 GROUPIE LACASSE LLC 461.25 461.25 Each NNNNN-B366516--NGA OPEN BOOKCASE,36 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:421 -OFFICE Tag GC:NEW 7/24/20 22 2.00 GROUPIE LACASSE LLC 311.85 623.70 Each 41 NN-DT2466C--(1)-NGA Work Surface,Rectangular,Full-Ht Mod.Pnl,2 Recessed Legs,1 Grommet 24"(600MM)D x 66"(1650MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 23 2.00 GROUPIE LACASSE LLC 328.05 656.10 Each 41 NN-DT2472A--(1)-NGA Work Surface,Rectangular,Full-Ht Mod.Pnl,2 Full-Width Legs,1 Grommet 24"(600MM)D x 72"(1800MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 24 2.00 GROUPIE LACASSE LLC 347.40 694.80 Each 41 NN-TDM3072--(1)-NGA Desk Shell,Full-Ht.Mod. Pnl,Accomodates 1 or 2 Pedestals 30"(750MM)D x 72"(1800MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 25 2.00 GROUPIE LACASSE LLC 341.55 683.10 Each 4NYN-P1518FFL--NGA Page 979 of 1128 � QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 5 of 8 Pedestal,Modular,F/F,w/Lock,Alum Hndl 18"(450MM)Dx 15'(388MM)Wx 28"(713MM)H NGA:Wood Grain-Niagara Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 26 2.00 GROUPIE LACASSE LLC 355.05 710.10 Each 4NYN-P1518UFL--NGA Pedestal,Modular,B/B/F,Pencil Tray,w/Lock,Alum Hndl 18"(448MM)D x 15'(388MM)W x 28"(711 MM)H NGA:Wood Grain-Niagara Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 27 2.00 GROUPIE LACASSE LLC 130.50 261.00 Each LGC-T5LE49 Electronic fluorescent task lights T5,49" Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 28 2.00 GROUPIE LACASSE LLC 202.95 405.90 Each LGC-TK6621M--(GR2)-BB-09 Wall-Mount Tackboards,66 x Y x 21 (GR2):Grade 2 BB:Big Buzz 09:Big Buzz-Scoop Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 29 2.00 HAWORTH INC. 327.33 654.66 Each M600-2210-M--,ZH-HJ7-,TR-LE-,TR-E Improv,41-eg,Side chair,Uph Bk,Arm,Glides,Metallic trim, ,ZH-HJ7:DESIGNTEXCOURSE POOL 3779-401 ,TR-LE:METALLIC SILVER GRD B ,TR-E:SMOKE GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T4:NEW 30 2.00 GROUPIE LACASSE LLC 528.75 1,057.50 Each NNNNN-EM661616C--(1)-NGA WLMNT HUTC SLIDNG DOOR,66 x 16 x 16 (1):Single-Tone NGA:Wood Grain-Niagara Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 31 1.00 HAWORTH INC. 28.82 28.82 Each VZAT-6600--,TR-PLS Compose,Wall Track,11 Holes,661n.High ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T4:NEW 32 1.00 HAWORTH INC. 40.11 40.11 Page 980 of 1128 � QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 6 of 8 Each VZCC-0096-HG--,TR-PLS Compose,Top Trim 961n.W,Stl,Glz Panel ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T4:NEW 33 1.00 HAWORTH INC. 19.99 19.99 Each VZCE-6600-H--,TR-PLS Compose,Panel Trim,End-Of-Run 661n.H,Steel ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T4:NEW 34 2.00 HAWORTH INC. 70.66 141.32 Each VZFF-5048-NNNNNR--,TR-PLS Compose,Frm,50Hx48W,Bs NoPwr,No BsTrm/No BsTrm,No Blt Pwr,Std ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T3:6648AN(50/16) Tag T4:NEW 35 2.00 HAWORTH INC. 237.29 474.58 Each VZGS-1648-1--,TR-PLS-,SK-1C Compose,Glass Stack 161n.H X 481n.W ,TR-PLS:SMOOTH PLASTER GRD A ,SK-1C:CLEAR GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T3:6648AN(50/16) Tag T4:NEW 36 4.00 HAWORTH INC. 75.39 301.56 Each VZTI-4848-FNC--(L6)-,L6-AL Compose,Single Tile,481n.HX481n.W,Fabric/Tackable,Std Core,No Tech (L6):HIGHLANDS GRD A ,L6-AL:LOCH GRD A Tag:Tag TG:423-PAYROLL Tag GC:NEW 7/24/20 Tag T3:6648AN(50/16) Tag T4:NEW 37 1.00 GROUPIE LACASSE LLC 317.25 317.25 Each 41 NN-TDM3060--(1)-NGA Desk Shell,Full-Ht.Mod. Pnl,Accomodates 1 or 2 Pedestals 30"(750MM)D x 60"(1500MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:426-OFFICE Tag GC:NEW 7/24/20 38 1.00 GROUPIE LACASSE LLC 436.50 436.50 Each NNNNN-B306516--NGA Page 981 of 1128 � QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 7 of 8 OPEN BOOKCASE,30 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:430-OFFICE Tag GC:NEW 7/24/20 39 1.00 GROUPIE LACASSE LLC 436.50 436.50 Each NNNNN-B306516--NGA OPEN BOOKCASE,30 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:431 -OFFICE Tag GC:NEW 7/24/20 40 2.00 EXEMPLIS LLC 421.89 843.78 Each 2723T.A140.B1--FC13-B21-C16-SO-MC7-FABRIC---FG6---MAHARAM---KD Amplify,Highback,Mesh Back,Swivel Tilt Cntrl, Fixed Arms FC13:Fog Frame B21:Fog Base C16:Standard Carpet Casters SO:Standard Cylinder Height MC7:Fog Mesh Color FABRIC:Fabric Grade Selections -:No Selection FG6:Fabric Grade 6 -:No Selection MAHARAWBIG DOT LAKE -:No Selection KD:Knocked Down Tag:Tag TG:436-CONFERENCE RM Tag GC:NEW 7/24/20 41 1.00 GROUPIE LACASSE LLC 249.10 249.10 Each DNNNW-RT141725--SLT Table,Auxiliary,White Accent,17W X 14P SLT:WOOD GRAIN-SALTA Tag:Tag TG:436-CONFERENCE RM Tag GC:NEW 7/24/20 42 1.00 GROUPIE LACASSE LLC 461.25 461.25 Each NNNNN-B366516--NGA OPEN BOOKCASE,36 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:437-OFFICE Tag GC:NEW 7/24/20 43 1.00 GROUPIE LACASSE LLC 461.25 461.25 Each NNNNN-B366516--NGA OPEN BOOKCASE,36 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:439-OFFICE Tag GC:NEW 7/24/20 44 4.00 HAWORTH INC. 160.80 643.20 Each S7S-44-0K--,TR-1 W-,TR-LE Maari,4 Leg Side Chair, Poly Seat and Back,No Arms,Felt Glide ,TR-1W:WATER GRD A Page 982 of 1128 l. QUOTE Order Number 103729 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhl 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 8 of 8 ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:442-BREAK RM Tag GC:NEW 7/24/20 Tag T4:NEW 45 1.00 HAWORTH INC. 550.72 550.72 Each TAR N-4242-LJSNDN4A--,H-KN-,HP-KN-,TR-LE Planes,Ta ble,Rd,La m,42"x42",Eb3,Co:None,Disc,N,29"H,Ptd ,H-KN:GREY ELM GRD B ,HP-KN:GREY ELM GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:442-BREAK RM Tag GC:NEW 7/24/20 Tag T4:NEW 46 1.00 WATSON FURNITURE 237.50 237.50 Each FREIGHT WADDELL FREIGHT Tag:Tag TG:Z-FREIGHT Tag GC:NEW 7/24/20 Order Sub-Total : $78,198.83 TOTAL ORDER: $78,198.83 Required Deposit 50.0% : $39,099.42 PLEASE REVIEW THIS QUOTATION AND NOTIFY US PROMPTLY OF ANY CORRECTIONS REQUIRED THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE Page 983 of 1128 QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 1 of 10 rATTN: Y OF BOYNTON BEACH FATTN:TBD Y OF BOYNTON BEACH-CITY HALL 3RD FLR E BOYNTON BCH BLVD N SEACREST BLVD YNTON BEACH, FL 33425-0310 :1 YNTON BEACH, FL 33435 A/P CONTACT C Prepared for:Jim Marzano ......... ..---_ ------- -------- --------_ --------_ ------- --------_ --------_ -------_ ..................................................._,..._ Line I Quantity I Description I Unit Price Extended Amount ..m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.;_............................................................................................................................................................................................................................ ...m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m............................................................w 1 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 0.00 0.00 Lot 425-001-12-1 FLORIDA STATE CONTRACT 2 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 4,150.00 4,150.00 Lot LABOR CHARGE TO DELIVER AND INSTLL DURING NORMAL BUSINESS HOURS; MON-FRI,9-5. Tag:Tag TG:Z-LABOR Tag GC:NEW 7/24/20 3 1.00 WATSON FURNITURE 4,653.00 4,653.00 Each VANT48 WADDELL VANTAGE SERIES73"x 48"x 15",LIGHTED Tag:Tag TG:300-LOBBY Tag GC:NEW 7/24/20 4 2.00 GLOBAL FURNITURE GROUP 821.09 1,642.18 Each 7897F---02--ALLA-A01 F-R1-- CITI,Fabric,31"d x 64.125'w x 30.75'h,3 Seat Sofa,Armless,Std with Round Metal Legs,GLOBAL SEATING USA -02:Grade 02 -ALLA:Allante(Global) A01 F:1-Illusion R1:F-(STD)Tungsten Legs[TUN] -:(STD)Does not have Stitch Detail Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 1 5 4.00 HAWORTH INC. 160.80 643.20 Each S7S-44-0H--,TR-1 W-,TR-LE Maari,4 Leg Side Chair, Poly Seat and Back,No Arms,Plastic Glide ,TR-1W:WATER,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 1 Tag T4:NEW 6 1.00 HAWORTH INC. 1,056.81 1,056.81 Each TARA-3096-LJSNDN7A--,H-WL-,HP-WL-,TR-LE Planes,Table,Rt,Lam,30"x96",EB3,Std,Co:None,Disc,N,40"H,Ptd Page 984 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 2 of 10 ,H-WL:LINEN GRD A ,HP-WL:LINEN GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 1 Tag T4:NEW 7 4.00 HAWORTH INC. 402.04 1,608.16 Each TCRQ-2424-LJSNDN4--,H-KN-,HP-KN-,TR-LE Jive,Tbl,Sq,Lam,24"x24",Eb3,Std,Co:none,Disc,N,29"h ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 1 Tag T4:NEW 8 3.00 GLOBAL FURNITURE GROUP 623.69 1,871.07 Each 7896F---02--ALLA-A01 F-R1-- CITI,Fabric,31"d x 42.75"wx 30.75"h,2 Seat Sofa,Armless,Std with Round Metal Legs,GLOBAL SEATING USA -02:Grade 02 -ALLA:Allante(Global) A01 F:1-Illusion R1:F-(STD)Tungsten Legs[TUN] -:(STD)Does not have Stitch Detail Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 2 9 1.00 HAWORTH INC. 1,056.81 1,056.81 Each TARA-3096-LJSNDN7A--,H-WL-,HP-WL-,TR-LE Planes,Table,Rt,Lam,30"x96",EB3,Std,Co:None,Disc,N,40"H,Ptd ,H-WL:LINEN GRD A ,HP-WL:LINEN GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 2 Tag T4:NEW 10 1.00 HAWORTH INC. 446.89 446.89 Each TCRA-2430-LJSNDN4--,H-KN-,HP-KN-,TR-LE Jive,Tbl,Rect,Lam,24"x30",Eb3,Std,Co:none,Disc,N,29"h ,H-KN:GREY ELM GRD B ,HP-KN:GREY ELM GRD A ,TR-LE:METALLIC SILVER GRD B Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 2 Tag T4:NEW 11 2.00 HAWORTH INC. 402.04 804.08 Page 985 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 3 of 10 Each TCRQ-2424-LJSNDN4--,H-KN-,HP-KN-,TR-LE Jive,Tbl,Sq,Lam,24"x24",Eb3,Std,Co:none,Disc,N,29"h ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:304-BREAK RM. Tag GC:NEW 7/24/20 Tag T3:OPTION 2 Tag T4:NEW 12 1.00 GLOBAL FURNITURE GROUP 261.32 261.32 Each 7743---RVL-ACJ-R1 RIVER,18"Dia.x 25.25'h, Round Laptop Table,Top sits above Arm,Base Slides under Sofa,Electrical Option not Available,Cannot Gang,High Pressure Laminate Only,GLOBAL SEATING USA -RVL:River Laminate Options ACJ:1-Absolute Acajou R1:F-Round Tungsten Legs[TUN] Tag:Tag TG:305-PHONE RM. Tag GC:NEW 7/24/20 13 1.00 GLOBAL FURNITURE GROUP 946.11 946.11 Each 8033---02--ALLA-A01 F--DL-AA DRIFT,Low Back,Lounge Chair,Fully Upholstered w/4 Legged Wood Swivel Base,GLOBAL SEATING USA -02:Grade 02 -ALLA:Allante(Global) A01 F:1-Illusion -DL:Drift Wood Leg Finish Options(Required) AA:F-Absolute,Wood Leg Finish[AAM] Tag:Tag TG:305-PHONE RM. Tag GC:NEW 7/24/20 14 1.00 HAWORTH INC. 533.67 533.67 Each JSPY-0336-SJ--,TR-PLS-,LR-BP X Series,3H x 36"W,Closed Cabinet,Two Doors,Ptd Dr Front,Ptd Lock Bar,Freestanding Mount ,TR-PLS:SMOOTH PLASTER,GRADE A ,LR-BP:CH ROME,GRADE A Tag:Tag TG:309-OPEN CON Tag GC:NEW 7/24/20 Tag T4:NEW 15 4.00 HAWORTH INC. 281.75 1,127.00 Each S7SB-44-0K--,TR-1 W-,TR-LE Maari,4 Leg Bar Height Stool,Side Chair,Poly Seat and Back,No Arms,Felt Glide ,TR-1W:WATER,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:309-OPEN CON Tag GC:NEW 7/24/20 Tag T4:NEW 16 1.00 HAWORTH INC. 889.46 889.46 Each TYBA-3672-NNNNNG7A--,TR-LE Page 986 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 4 of 10 Cultivate,Base Only,36DX72W,Gld,39.5H,Ptd ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:309-OPEN CON Tag GC:NEW 7/24/20 Tag T4:NEW 17 1.00 HAWORTH INC. 290.46 290.46 Each TYRA-3691-LJSN--,H-KN-,HP-KN Cultivate,Rect,36DX91 W,LAM,E B3,Std core,no cutout ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A Tag:Tag TG:309-OPEN CON Tag GC:NEW 7/24/20 Tag T4:NEW 18 4.00 HAWORTH INC. 70.22 280.88 Each JFWA-36 X Series,Conterweight,36"File Tag:Tag TG:309-OPEN HIGH Tag GC:NEW 7/24/20 Tag T4:NEW 19 4.00 HAWORTH INC. 607.79 2,431.16 Each JLPD-0336-SJ--,TR-PLS-,LR-BP X Series,39.5"H x 36"W,Lateral File,File,File,Ptd Drawer Front,Proud,Ptd Lock Bar,Freestanding,J Pull,Glides ,TR-PLS:SMOOTH PLASTER,GRADE A ,LR-BP:CH ROME,GRADE A Tag:Tag TG:309-OPEN HIGH Tag GC:NEW 7/24/20 Tag T4:NEW 20 8.00 HAWORTH INC. 281.75 2,254.00 Each S7SB-44-0K--,TR-1 W-,TR-LE Maari,4 Leg Bar Height Stool,Side Chair,Poly Seat and Back,No Arms,Felt Glide ,TR-1W:WATER,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:309-OPEN HIGH Tag GC:NEW 7/24/20 Tag T4:NEW 21 2.00 HAWORTH INC. 889.46 1,778.92 Each TYBA-3672-NNNNNG7A--,TR-LE Cultivate,Base Only,36DX72W,Gld,39.5H,Ptd ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:309-OPEN HIGH Tag GC:NEW 7/24/20 Tag T4:NEW 22 2.00 HAWORTH INC. 322.58 645.16 Each TYRA-36B0-LJSN--,H-KN-,HP-KN Cultivate,Rect,36DX110W,LAM,EB3,Std core,no cutout ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A Page 987 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 5 of 10 Tag:Tag TG:309-OPEN HIGH Tag GC:NEW 7/24/20 Tag T4:NEW 23 3.00 HAWORTH INC. 70.22 210.66 Each JFWA-36 X Series,Conterweight,36"File Tag:Tag TG:309-PRINTER A Tag GC:NEW 7/24/20 Tag T4:NEW 24 3.00 HAWORTH INC. 607.79 1,823.37 Each JLPD-0336-SJ--,TR-PLS-,LR-BP X Series,39.5"H x 36"W,Lateral File,File,File,Ptd Drawer Front,Proud,Ptd Lock Bar,Freestanding,J Pull,Glides ,TR-PLS:SMOOTH PLASTER,GRADE A ,LR-BP:CH ROME,GRADE A Tag:Tag TG:309-PRINTER A Tag GC:NEW 7/24/20 Tag T4:NEW 25 1.00 HAWORTH INC. 420.30 420.30 Each JTPL-18A8-JYJYS--,H-KN-,HP-KN X Series,Common Top,Prd Frnt,Lam Top, 18.75Dx108W,3mm Plstc Usr, 1 m LH,3mm Bck,1mm RH ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A Tag:Tag TG:309-PRINTER A Tag GC:NEW 7/24/20 Tag T4:NEW 26 2.00 HAWORTH INC. 77.67 155.34 Each UUFB-0054-P--,TR-PLS Oh Back,Universal,Wall Mount 54W ,TR-PLS:SMOOTH PLASTER,GRADE A Tag:Tag TG:309-PRINTER A Tag GC:NEW 7/24/20 Tag T4:NEW 27 2.00 HAWORTH INC. 400.84 801.68 Each UUKS-1654-PWL--,TR-PLS-,TR-PLS-,LR-BP Adaptable,Upper Storage,54"W,Painted Front,Wall Mount,Hinge,Swing,Locking ,TR-PLS:SMOOTH PLASTER,GRADE A ,TR-PLS:SMOOTH PLASTER,GRADE A ,LR-BP:CH ROME,GRADE A Tag:Tag TG:309-PRINTER A Tag GC:NEW 7/24/20 Tag T4:NEW 28 1.00 GROUPIE LACASSE LLC 461.25 461.25 Each NNNNN-B366516--NGA OPEN BOOKCASE,36 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:310-DIR.OFFICE Tag GC:NEW 7/24/20 Page 988 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 6 of 10 29 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:315-OFFICE Tag GC:NEW 7/24/20 30 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:316-OFFICE Tag GC:NEW 7/24/20 31 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:318-OFFICE Tag GC:NEW 7/24/20 32 1.00 GROUPIE LACASSE LLC 461.25 461.25 Each NNNNN-B366516--NGA OPEN BOOKCASE,36 x 16 x 65 NGA:Wood Grain-Niagara Tag:Tag TG:321 -OFFICE Tag GC:NEW 7/24/20 33 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:328-OFFICE Tag GC:NEW 7/24/20 34 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:329-OFFICE Tag GC:NEW 7/24/20 35 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) Page 989 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 7 of 10 W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:330-OFFICE Tag GC:NEW 7/24/20 36 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:333-OFFICE Tag GC:NEW 7/24/20 37 1.00 GROUPIE LACASSE LLC 420.30 420.30 Each 41YN-24368--(1)-NGA Bookcase Unit,w/Doors,Adj.Shelf,Lock,Alum Hndl 24"(600MM)D x 36"(900MM) W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:335-OFFICE Tag GC:NEW 7/24/20 38 8.00 EXEMPLIS LLC 421.89 3,375.12 Each 2723T.A140.B1--FC13-B21-C16-SO-MC7-FABRIC---FG6---MAHARAM---KD Amplify,Highback,Mesh Back,Swivel Tilt Cntrl, Fixed Arms FC13:Fog Frame B21:Fog Base C16:Standard Carpet Casters SO:Standard Cylinder Height MC7:Fog Mesh Color FABRIC:Fabric Grade Selections -:No Selection FG6:Fabric Grade 6 -:No Selection MAHARAWBIG DOT LAKE -:No Selection KD:Knocked Down Tag:Tag TG:336-OPEN CON F. Tag GC:NEW 7/24/20 39 1.00 GROUPIE LACASSE LLC 621.45 621.45 Each T5NN-RC4296PC--SLT RECTANGULAR TOP-1 1/2 inch laminate with smooth edge,Elec./Comm. Module,96"(2400MM)W x 42"(1050MM)D SLT:Wood Grain-Salta Tag:Tag TG:336-OPEN CON F. Tag GC:NEW 7/24/20 40 2.00 GROUPIE LACASSE LLC 328.05 656.10 Each TNNN-LB24WM--SLT THERM LAM BASE W/WIRE MNGMENT-24"(618MM)W SLT:Wood Grain-Salta Tag:Tag TG:336-OPEN CON F. Page 990 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 8 of 10 Tag GC:NEW 7/24/20 41 2.00 GLOBAL FURNITURE GROUP 553.19 1,106.38 Each 8030---02--ALLA-A01 F--DL-AA DRIFT,Side Chair, Fully Upholstered w/4 Legged Wood Fixed Base,GLOBAL SEATING USA -02:Grade 02 -ALLA:Allante(Global) A01 F:1-Illusion -DL:Drift Wood Leg Finish Options(Required) AA:F-Absolute,Wood Leg Finish[AAM] Tag:Tag TG:336-WAITING Tag GC:NEW 7/24/20 42 1.00 GLOBAL FURNITURE GROUP 475.64 475.64 Each 8435-1524---JEO-ACJ-BC JEO,24"dia x 15'h,Round End Table,Round Pedestal Base,GLOBAL SEATING USA -JEO:Jeo Laminate Table Top Options ACJ:1-Absolute Acajou[ACJ] BC:F-Brushed Chrome Frame[BCH] Tag:Tag TG:336-WAITING Tag GC:NEW 7/24/20 43 1.00 HAWORTH INC. 34.03 34.03 Each VZCC-0072-HG--,TR-PLS Compose,Top Trim 721n.W,Stl,Glz Panel ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:336-WORKSTATI Tag GC:NEW 7/24/20 Tag T4:NEW 44 1.00 HAWORTH INC. 60.89 60.89 Each VZFF-5036-NNNNNR--,TR-PLS Compose,Frm,50Hx36W,Bs NoPwr,No BsTrm/No BsTrm,No Blt Pwr,Std ,TR-PLS:SMOOTH PLASTER,GRADE A Tag:Tag TG:336-WORKSTATI Tag GC:NEW 7/24/20 Tag T3:6636FN(50/16) Tag T4:NEW 45 1.00 HAWORTH INC. 202.97 202.97 Each VZGS-1636-1--,TR-PLS-(SK_1C)-,SK-1C Compose,Glass Stack 161n.H X 361n.W ,TR-PLS:SMOOTH PLASTER,GRADE A (SK_1 C):CLEAR ,SK-1C:CLEAR,GRADE A Tag:Tag TG:336-WORKSTATI Tag GC:NEW 7/24/20 Tag T3:6636FN(50/16) Tag T4:NEW 46 2.00 HAWORTH INC. 63.02 126.04 Each VZTI-4836-FNC--(L6)-,L6-AL Compose,Single Tile,481n.HX361n.W,Fabric/Tackable,Std Core,No Tech Page 991 of 1128 � QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 9 of 10 (L6):HIGHLANDS ,L6-AL:HIGHLANDS-LOCH,GRADE A Tag:Tag TG:336-WORKSTATI Tag GC:NEW 7/24/20 Tag T3:6636FN(50/16) Tag T4:NEW 47 1.00 GROUPIE LACASSE LLC 461.25 461.25 Each NNNNN-B366516--(1)-NGA OPEN BOOKCASE,36 x 16 x 65 (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:341 -OFFICE Tag GC:NEW 7/24/20 48 1.00 GROUPIE LACASSE LLC 447.30 447.30 Each 41YN-2030LF--(1)-NGA Lateral File Unit,w/Lock,F/F,Alum Hndl 20"(500MM)D x 30"(750MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:342-OFFICE Tag GC:NEW 7/24/20 49 1.00 GROUPIE LACASSE LLC 447.30 447.30 Each 41YN-2030LF--(1)-NGA Lateral File Unit,w/Lock,F/F,Alum Hndl 20"(500MM)D x 30"(750MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:343-OFFICE Tag GC:NEW 7/24/20 50 1.00 GROUPIE LACASSE LLC 447.30 447.30 Each 41YN-2030LF--(1)-NGA Lateral File Unit,w/Lock,F/F,Alum Hndl 20"(500MM)D x 30"(750MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:344-OFFICE Tag GC:NEW 7/24/20 51 1.00 GROUPIE LACASSE LLC 810.90 810.90 Each 41YN-LF2472B--(1)-NGA Credenza,Lateral File/Bookcase,2 Lat Files,Bookcase Unit w/Doors and Adj Shelf,Locks,Alum Hndl 24"(600MM)D x 72"(1800MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:345-DIR HR OFFICE Tag GC:NEW 7/24/20 52 1.00 WATSON FURNITURE 237.50 237.50 Each FREIGHT WADDELL FREIGHT Tag:Tag TG:Z-FREIGHT Tag GC:NEW 7/24/20 Page 992 of 1128 l. QUOTE Order Number 103730 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE a 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 10 of 10 Order Sub-Total : $46,576.76 TOTAL ORDER: $46,576.76 Required Deposit 50.0% : $23,288.38 PLEASE REVIEW THIS QUOTATION AND NOTIFY US PROMPTLY OF ANY CORRECTIONS REQUIRED THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE Page 993 of 1128 QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 1 of 7 rATTN: Y OF BOYNTON BEACH FATTN:TBD Y OF BOYNTON BEACH-CITY HALL 1 ST FLR E BOYNTON BCH BLVD N SEACREST BLVD YNTON BEACH, FL 33425-0310 :1 YNTON BEACH, FL 33435 A/P CONTACT C Prepared for:Jim Marzano ......... ..---_ ------- -------- --------_ --------_ ------- --------_ --------_ -------_ ..................................................._,..._ Line I Quantity I Description I Unit Price Extended Amount ..m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.;_............................................................................................................................................................................................................................ ...m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m.m............................................................w 1 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 0.00 0.00 Lot 425-001-12-1 FLORIDA STATE CONTRACT 2 1.00 J C WHITE ARCH INTERIOR PRODS(JCW LABOR) 2,475.00 2,475.00 Lot LABOR CHARGE TO DELIVER AND INSTLL DURING NORMAL BUSINESS HOURS; MON-FRI,9-5. Tag:Tag TG:Z-LABOR Tag GC:NEW 7/24/20 3 1.00 OFS BRANDS INC(FIRST OFFICE) 1,355.01 1,355.01 Each 4-7036BCC---HPL-W-DSP-EY-Empire-SNCK-NL Pulse 71x20x36 Buffet Credenza -HPL-W:HPL Wood Grain DSP:Desert(DSP) EY:Square Empire:Empire SNCK:Satin Nckel NL:No Lock-Standard Tag:Tag TG:104 REFRESH RM Tag GC:NEW 7/24/20 4 1.00 OFS BRANDS INC(FIRST OFFICE) 1,747.46 1,747.46 Each 83-6026DSD---VEN-B4Z-DST-DST-ADJS-POLR-NL Rowen, Door Storage/Open Storage/Door Storage Credenza 60.25x20x26 -VEN:Veneer B4Z:Quartered DST:Desert DST:Desert ADJS:Adjustable Shelf POLR:Polar NL:No Lock Tag:Tag TG:104 REFRESH RM Tag GC:NEW 7/24/20 5 1.00 OFS BRANDS INC.(CAROLINA) 1,633.72 1,633.72 Each 1677-OA--A8S-A3-DST-X9-X9-6-P303-3068745-X9-C1 R Modern Amenity 26.5x33.25x44 Open Arm 3-Position Recliner A8S:European Beech A3:Wood(std) DST:Desert(DST) X9:No Selection of Option Page 994 of 1128 � QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 2 of 7 X9:No Selection of Option 6:Grade 6 Material P303:Ultrafabrics Brisa 3068745:Ash 533-5802 X9:No Selection of Option C1 R:Seat/Back Moisture Barrier Tag:Tag TG:105 MOTHERS RM Tag GC:NEW 7/24/20 6 1.00 OFS BRANDS INC.(CAROLINA) 744.48 744.48 Each 777-20RD--B4Z-DST-POLR Ice 20x20x19 Round End Table B4Z:Quartered Veneer DST:Desert(DST) POLR:Polar Tag:Tag TG:105 MOTHERS RM Tag GC:NEW 7/24/20 7 1.00 HAWORTH INC. 42.89 42.89 Each WUAR-7200-PHS Worksurface Reinforcement Bar 721n Width Structural Tag:Tag TG:112-CUST.CASH Tag GC:NEW 7/24/20 Tag T4:NEW 8 2.00 HAWORTH INC. 105.53 211.06 Each ZZFD-2400-PN FF--,TR-PLS Compose Worksurface Dbl Support Leg,Steel,241n.D ,TR-PLS:SMOOTH PLASTER,GRADE A Tag:Tag TG:112-CUST.CASH Tag GC:NEW 7/24/20 Tag T4:NEW 9 4.00 HAWORTH INC. 31.31 125.24 Each EUDB-0000-UW Enh pwr mod,brkt,hz,fxd,2"under ws,wht Tag:Tag TG:123-HIGH-TOP Tag GC:NEW 7/24/20 Tag T4:NEW 10 4.00 HAWORTH INC. 242.52 970.08 Each EUS1-PLOW-2200 Enhanced,Seamless,Module,Edge Mount,Corded-Straight,12ft.,1 Circuit,White, 2 Receptacle,2 USB,No Data,No Cbl Bay Tag:Tag TG:123-HIGH-TOP Tag GC:NEW 7/24/20 Tag T4:NEW 11 6.00 HAWORTH INC. 276.00 1,656.00 Each S7SB-44-0K--,TR-1 W-,TR-LE Maari,4 Leg Bar Height Stool,Side Chair,Poly Seat and Back,No Arms,Felt Glide ,TR-1W:WATER,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:123-HIGH-TOP Page 995 of 1128 � QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 3 of 7 Tag GC:NEW 7/24/20 Tag T4:NEW 12 1.00 HAWORTH INC. 966.11 966.11 Each TYBA-4296-NNNNNG7A--,TR-PLS Cultivate,Base Only,42DX96W,Gld,39.5H,Ptd ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:123-HIGH-TOP Tag GC:NEW 7/24/20 Tag T4:NEW 13 1.00 HAWORTH INC. 330.61 330.61 Each TYRA-4296-LJSN--,H-KN-,HP-KN Cultivate,Rect,42 DX96W,LAM,E B3,Std core,no cutout ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A Tag:Tag TG:123-HIGH-TOP Tag GC:NEW 7/24/20 Tag T4:NEW 14 2.00 HAWORTH INC. 45.97 91.94 Each TYVW-3801-P--,TR-PLS Cultivate,Vertical,Wire,Manager,38HX1 W,Painted ,TR-PLS:SMOOTH PLASTER GRD A Tag:Tag TG:123-HIGH-TOP Tag GC:NEW 7/24/20 Tag T4:NEW 15 2.00 HAWORTH INC. 581.71 1,163.42 Each JSPY-0342-SJ--,TR-PLS-,LR-BP X Series,3H x 42"W,Closed Cabinet,Two Doors,Ptd Dr Front,Ptd Lock Bar,Freestanding Mount ,TR-PLS:SMOOTH PLASTER,GRADE A ,LR-BP:CH ROME,GRADE A Tag:Tag TG:123-STORAGE Tag GC:NEW 7/24/20 Tag T4:NEW 16 1.00 HAWORTH INC. 334.10 334.10 Each JTPL-1884-JYJYS--,H-KN-,HP-KN X Series,Common Top,Prd Frnt,Lam Top, 18.75Dx84W,3mm Plstc Usr,1 mm LH,3mm Bck,1mm RH ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A Tag:Tag TG:123-STORAGE Tag GC:NEW 7/24/20 Tag T4:NEW 17 1.00 GROUPIE LACASSE LLC 732.60 732.60 Each 41YN-242465FBL--(1)-NGA Stg.Unit,Single Dr,Opn Left,w/2 Lateral Files w/Lk,2 Adj.Shlf,Alum Hndl 24"(600 M M)Dx24"(600 M M)Wx65'(1635 M M)H (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:125 BULD.OFF. Page 996 of 1128 � QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i ectur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 4 of 7 Tag GC:NEW 7/24/20 18 2.00 GROUPIE LACASSE LLC 436.50 873.00 Each NNNNN-B306516--(1)-NGA OPEN BOOKCASE,30 x 16 x 65 (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:125 BULD.OFF. Tag GC:NEW 7/24/20 19 1.00 GROUPIE LACASSE LLC 732.60 732.60 Each 41YN-242465FBR--(1)-NGA Stg.Unit,Single Dr,Opn Rt,w/2 Lateral Files w/Lk,2 Adj.Shlf,Alum Hndl 24"(600 M M)Dx24"(600 M M)Wx65'(1635 M M)H (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:126 OFFICE Tag GC:NEW 7/24/20 20 1.00 GROUPIE LACASSE LLC 202.95 202.95 Each LGC-TK6621M--(GR2)-BB-09 Wall-Mount Tackboards,66 x Y x 21 (GR2):Grade 2 BB:Big Buzz 09:Big Buzz-Scoop Tag:Tag TG:129 OFFICE Tag GC:NEW 7/24/20 21 2.00 HAWORTH INC. 276.00 552.00 Each S7SB-44-0K--,TR-1 W-,TR-LE Maari,4 Leg Bar Height Stool,Side Chair,Poly Seat and Back,No Arms,Felt Glide ,TR-1W:WATER,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:131 -BREAK Tag GC:NEW 7/24/20 Tag T4:NEW 22 1.00 HAWORTH INC. 422.87 422.87 Each TAR N-3030-LJSNDN7A--,H-KN-,HP-KN-,TR-LE Planes,Ta ble,Rd,La m,30"x30",Eb3,Co:None,Disc,N,40"H,Ptd ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A ,TR-LE:METALLIC SILVER,GRADE B Tag:Tag TG:131 -BREAK Tag GC:NEW 7/24/20 Tag T4:NEW 23 3.00 HAWORTH INC. 453.62 1,360.86 Each JSPY-0230-SJA--,TR-PLS-,LR-BP X Series,2H x 30"W,Closed Cabinet,Two Doors,Ptd Dr Front,Ptd Lock Bar,Attached Mount ,TR-PLS:SMOOTH PLASTER,GRADE A ,LR-BP:CH ROME,GRADE A Tag:Tag TG:132-OPEN PRIN Page 997 of 1128 � QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 5 of 7 Tag GC:NEW 7/24/20 Tag T4:NEW 24 1.00 HAWORTH INC. 0.00 0.00 Each LSET-3--,LX-BP HW,Lock Set, Keyed Alike,Lock Plug And Key,Qty Of 3 ,LX-BP:CHROME GRD A Tag:Tag TG:132-OPEN PRIN Tag GC:NEW 7/24/20 25 1.00 HAWORTH INC. 76.64 76.64 Each WURA-2430-LJSA--,H-KN-,HP-KN Worksurface,Rect,24Dx30W,Lam,Edgeband,Std Core,Notched ,H-KN:GREY ELM,GRADE B ,HP-KN:GREY ELM,GRADE A Tag:Tag TG:132-OPEN PRIN Tag GC:NEW 7/24/20 Tag T4:NEW 26 1.00 HAWORTH INC. 6.30 6.30 Each ZUBF-0000-PN Flush Mount Plate Tag:Tag TG:132-OPEN PRIN Tag GC:NEW 7/24/20 Tag T4:NEW 27 2.00 HAWORTH INC. 5.44 10.88 Each ZZBA-0000-PL Side/Corner Bracket,RH Tag:Tag TG:132-OPEN PRIN Tag GC:NEW 7/24/20 Tag T4:NEW 28 1.00 HAWORTH INC. 5.44 5.44 Each ZZBA-0000-PR Side/Corner Bracket,RH Tag:Tag TG:132-OPEN PRIN Tag GC:NEW 7/24/20 Tag T4:NEW 29 1.00 GROUPIE LACASSE LLC 171.45 171.45 Each 41 NN-BR2442--(1)-NGA Bridge-Return,Full-Ht.Mod. Pnl,1 Grommet 24"(600MM)D x 42"(1050MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 30 1.00 GROUPIE LACASSE LLC 328.05 328.05 Each 41 NN-DT2472A--(1)-NGA Work Surface,Rectangular,Full-Ht Mod.Pnl,2 Full-Width Legs,1 Grommet 24"(600MM)D x 72"(1800MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 Page 998 of 1128 � QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhi 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 6 of 7 31 1.00 GROUPIE LACASSE LLC 360.90 360.90 Each 41 NN-TDM3672--(1)-NGA Desk Shell,Full-Ht.Mod. Pnl,Accomodates 1 or 2 Pedestals 36"(900MM)D x 72"(1800MM)W (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 32 1.00 GROUPIE LACASSE LLC 341.55 341.55 Each 4NYN-P1518FFL--(1)-NGA Pedestal,Modular,F/F,w/Lock,Alum Hndl 18"(450MM)Dx 15'(388MM)Wx 28"(713MM)H (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 33 1.00 GROUPIE LACASSE LLC 355.05 355.05 Each 4NYN-P1518UFL--(1)-NGA Pedestal,Modular,B/B/F,Pencil Tray,w/Lock,Alum Hndl 18"(448MM)D x 15'(388MM)W x 28"(711 MM)H (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 34 1.00 GROUPIE LACASSE LLC 125.55 125.55 Each LGC-T5LE49 Electronic fluorescent task lights T5,49" Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 35 1.00 GROUPIE LACASSE LLC 208.35 208.35 Each LGC-TK7221M--(GR2)-BB-09 Wall-Mount Tackboards,72 x Y x 21 (GR2):Grade 2 BB:Big Buzz 09:Big Buzz-Scoop Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 36 2.00 HAWORTH INC. 327.33 654.66 Each M600-2210-M--,ZH-HJ7-,TR-LE-,TR-E Improv,41-eg,Side chair,Uph Bk,Arm,Glides,Metallic trim, ,ZH-HJ7:DESIGNTEXTCOURSE POOL ,TR-LE:METALLIC SILVER,GRADE B ,TR-E:SMOKE,GRADE A Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 Tag T4:NEW 37 1.00 GROUPIE LACASSE LLC 542.70 542.70 Each NNNNN-EM721616C--(1)-NGA WLMNT HUTC SLIDNG DOOR,72 x 16 x 16 Page 999 of 1128 l. QUOTE Order Number 103731 (h I Date 07/31/2020 11l E 11110 '-� Customer PO No QUOTE rhl 'i eciur 1;Tei r Produl is Customer Account CITY002-N Miramar West Palm Beach Expiration Date 8/30/2020 3501 Commerce Parkway 2403 S. Dixie Highway Salesperson Jim Marzano Miramar, FL 33025 West Palm Beach, FL 33401 Phone:954-499-6677 Phone:561-848-4982 Project Number Fax:954-499-8376 Fax:561-651-1091 Terms NET 30 DAYS Page 7 of 7 (1):Single-Tone NGA:Wood Grain-Niagra Tag:Tag TG:134 ASST.SUP. Tag GC:NEW 7/24/20 38 2.00 HAWORTH INC. 327.33 654.66 Each M600-2210-M--,ZH-HJ7-,TR-LE-,TR-E Improv,41-eg,Side chair,Uph Bk,Arm,Glides,Metallic trim, ,ZH-HJ7:DESIGNTEXTCOURSE POOL ,TR-LE:METALLIC SILVER,GRADE B ,TR-E:SMOKE,GRADE A Tag:Tag TG:142-OFFICE Tag GC:NEW 7/24/20 Tag T4:NEW Order Sub-Total : $22,566.18 TOTAL ORDER: $22,566.18 Required Deposit 50.0% : $11,283.09 PLEASE REVIEW THIS QUOTATION AND NOTIFY US PROMPTLY OF ANY CORRECTIONS REQUIRED THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE Page 1000 of 1128 AREA 1 AREA 2 0 Z E- ET = o o ❑ ❑ D �.n O o - o a m r �o O W_ O ❑ UU ..o ❑ , o i i11'i! 7=771 o -icy Flo s.. 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PUBLIC HEARING 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Ordinance 20-029 - Second Reading Approve request for Abandonment of a portion of a ten (10)foot wide Utility Easement (ABAN 20-008) located at 2735 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD. Applicant: David LaMaster Explanation of Request: David LaMaster, Applicant and Homeowner, is requesting to abandon a portion of a utility easement located to the rear of his residence to allow construction of a private swimming pool. The subject property, located at 2735 SW 23rd Cranbrook Drive, is a single-family lot classified LDR (Low Density Residential) future land use and zoned PUD (Planned Unit Development). The applicant indicates that this portion of the utility easement is being vacated because there are no longer any public utilities located within the easement and it will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. All utility providers have indicated they have no objection to this abandonment request. Portions of this utility easement on other lots within the PUD have previously been abandoned by the City per the requests of individual homeowners, including the neighbor two (2) lots to the east in 2016. That neighbor has since constructed their pool. The Home Owners Association has no objection to this request and staff recommends approval. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: Page 1012 of 1128 ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of 10 foot utility easement(Cranbrook Drive) D Staff Report Staff Report D Location I\Aap E)diibit A- Location I\Aap D Drawings E)diibit B - Cranbrook PUD Plat D Drawings E)diibit C - Survey / Proposed Pool D Drawings E)diibit D - Sketch & Legal D Letter E)diibit E - HOA Approval Letter Page 1013 of 1128 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF A TEN (10) FOOT WIDE UTILITY EASEMENT LOCATED AT 6 2735 SW 23P-D CRANBROOK DRIVE, CRANBROOK LAKE 7 ESTATES PUD; AUTHORIZING THE CITY MANAGER TO 8 EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED 9 WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM 10 BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, David LaMaster, Homeowner and Applicant is requesting abandonment 14 of a utility easement located to the rear of his residence to allow construction of a private 15 swimming pool; and 16 17 WHEREAS,the applicant has indicated there are no longer any public utilities located 18 within the easement and it will not have any public utilities in the future; and 19 20 WHEREAS, the easement no longer serves a public purpose and all utility providers 21 have indicated that they have no objection to this abandonment; and 22 23 WHEREAS, comments have been solicited from the appropriate City Departments, 24 and public hearings have been held before the City Commission on the proposed abandonment; 25 and 26 27 WHEREAS, staff finds that the subject abandonment serves a greater public purpose, 28 and therefore recommends approval of the applicant's request. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing whereas clauses are true and correct and incorporated 34 herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does 37 hereby abandon a portion of a ten (10') foot wide utility easement, located at 2735 SW 23rd 38 Cranbrook Drive, Cranbrook Lake Estates PUD. The property being abandoned is more 39 particularly described as follows: 40 41 COMMENCING AT THE SOUTHEAST CORNER OF LOT 48, BLOCK 2, CRANBROOK LAKE 42 ESTATES,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 33,PAGES 124 43 AND 125 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 44 01°11'25" WEST ALONG THE EAST LINE OF SAID LOT 48, BLOCK 2, THE EAST LINE OF SAID 45 LOT 48,BLOCK 2 IS ASSUMED TO BEAR NORTH 01011'25"WEST AND ALL OTHER BEARINGS 46 ARE RELATIVE THERETO, A DISTANCE OF 105.00 FEET TO THE POINT OF BEGINNING; 47 THENCE SOUTH 88048'35" WEST ALONG THE SOUTHERLY LIMITS OF SAID 10' UTILITY 48 EASEMENT,A DISTANCE OF 15.13 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(Cranbrook Drive).docx Page 1014 of 1128 49 NORTHEAST, HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 51133'58"; 50 THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY LIMITS 51 OF SAID 10' UTILITY EASEMENT, AN ARC LENGTH OF 40.50 FEET TO THE INTERSECTION 52 WITH A RADIAL LINE ALSO BEING THE WESTERLY LINE OF SAID LOT 48,BLOCK 2;THENCE 53 NORTH 50022'33" EAST ALONG SAID RADIAL LINE ALSO BEING THE WESTERLY LINE OF 54 SAID LOT 48 BLOCK 2, A DISTANCE OF 10.00 FEET TO THE INTERSECTION WITH CURVE 55 CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 56 51033'58"AND SAID CURVE BEING CONCENTRIC TO THE PREVIOUSLY MENTIONED CURVE; 57 THENCE SOUTHEASTERLY ALONG THE ARC OF THE CURVE ALSO BEING ALONG THE 58 NORTHERLY LIMITS OF SAID 10 FOOT WIDE UTILITY EASEMENT,AN ARC LENGTH OF 31.50 59 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88048'35" EAST ALONG THE 60 NORTHERLY LIMITS OF SAID 10 FOOT WIDE UTILITY EASEMENT,A DISTANCE OF 15.13 FEET 61 TO THE INTERSECTION WITH THE EAST LINE OF SAID LOT 48, BLOCK 2; THENCE SOUTH 62 01011'25"EAST ALONG THE EAST LINE OF SAID LOT 48,BLOCK 2,A DISTANCE OF 10.00 FEET 63 TO THE POINT OF BEGINNING. CONTAINING INALL 511 SQUAREFEET OR 0.0117ACRES,MORE 64 OR LESS. 65 66 Section 3. The City Manager is hereby authorized and directed to execute the 67 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 68 of Palm Beach County, Florida. 69 70 Section 4. This Ordinance shall take effect immediately upon passage. 71 72 FIRST READING this day of Au ust 2020. 73 74 SECOND, FINAL READING AND PASSAGE THIS day of , 2020. 75 76 CITY OF BOYNTON BEACH, FLORIDA 77 78 YES NO 79 Mayor— Steven B. Grant 80 81 Vice Mayor— Ty Penserga 82 83 Commissioner—Justin Katz 84 85 Commissioner—Woodrow L. Hay 86 87 Commissioner—Christina L. Romelus 88 89 VOTE 90 91 ATTEST: 92 93 94 Crystal Gibson, MMC 95 City Clerk 96 97 98 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(Cranbrook Drive).docx Page 1015 of 1128 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a ten (10') foot wide utility easement, located at 2735 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD. The property being abandoned is more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF LOT 48, BLOCK 2, CRANBROOK LAKE ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 33, PAGES 124 AND 125 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 01011'25"WEST ALONG THE EAST LINE OF SAID LOT 48,BLOCK 2,THE EAST LINE OF SAID LOT 48,BLOCK 2 IS ASSUMED TO BEAR NORTH 01011'25" WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO, A DISTANCE OF 105.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 88048'35"WEST ALONG THE SOUTHERLY LIMITS OF SAID 10' UTILITY EASEMENT, A DISTANCE OF 15.13 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 51033'58"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY LIMITS OF SAID 10' UTILITY EASEMENT, AN ARC LENGTH OF 40.50 FEET TO THE INTERSECTION WITH A RADIAL LINE ALSO BEING THE WESTERLY LINE OF SAID LOT 48,BLOCK 2;THENCE NORTH 50022'33"EAST ALONG SAID RADIAL LINE ALSO BEING THE WESTERLY LINE OF SAID LOT 48 BLOCK 2, A DISTANCE OF 10.00 FEET TO THE INTERSECTION WITH CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 35.00 FEET, A CENTRAL ANGLE OF 51033'58" AND SAID CURVE BEING CONCENTRIC TO THE PREVIOUSLY MENTIONED CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF THE CURVE ALSO BEING ALONG THE NORTHERLY LIMITS OF SAID 10 FOOT WIDE UTILITY EASEMENT,AN ARC LENGTH OF 31.50 FEET TO THE POINT OF TANGENCY;THENCE NORTH 88048'35" EAST ALONG THE NORTHERLY LIMITS OF SAID 10 FOOT WIDE UTILITY EASEMENT, A DISTANCE OF 15.13 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID LOT 48, BLOCK 2; THENCE SOUTH 01011'25" EAST ALONG THE EAST LINE OF SAID LOT 48,BLOCK 2,A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING INALL 511 SQUARE FEET OR 0.0117 ACRES; MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(Cranbrook Drive).docx Page 1016 of 1128 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(Cranbrook Drive).docx Page 1017 of 1128 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-041 TO: Mayor and City Commission THRU: Ed Breese Planning and Zoning Administrator FROM: Kathleen Hatcher Senior Planner DATE: July 28, 2020 SUBJECT: Abandonment of a portion of a Utility Easement (ABAN 20-008) 2735 SW 23rd Cranbrook Drive, Cranbrook Lake Estates PUD NATURE OF REQUEST David LaMaster,Applicant and Homeowner, is requesting to abandon a portion of a utility easement located to the rear of his residence to allow construction of a private swimming pool. The subject property located at 2735 SW 23 d Cranbrook Drive is a single-family lot classified LDR (Low Density Residential) future land use and zoned PUD (Planned Unit Development), generally located south of Golf Road and west of South Congress Avenue (see Exhibit "A"— Location Map) and is legally described as Lot 48, Block 2 of Cranbrook Lake Estates (see Exhibit "B" — Plat). Abandonment of a portion of a utility easement would allow the homeowner to construct a swimming pool to the rear of his residence (see Exhibit "C" — Survey & Site Plan). The portion of the ten (10)foot-wide utility easement to be abandoned runs in an east-west direction fora distance of 51 feet (the median width of the subject lot at the easement). A sketch and legal description of the portion of the utility easement to be abandoned is attached as Exhibit "D". The applicant indicates that this portion of the utility easement is being vacated because there are no longer any public utilities located within the easement and it will not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: A lake owned and maintained by the Property Owner's Association (POA) as a storage basin for stormwater discharge; South: A private street(SW 23,d Cranbrook Dr.)owned and maintained by the POA, and single-family residences in Cranbrook Lake Estates PUD; East: A single-family residence (2733) in Cranbrook Lake Estates PUD; and, West: A single-family residence (2676) in Cranbrook Lake Estates PUD. Page 1018 of 1128 Page 2 Memorandum No. PZ 20-041 ABAN 20-008 BACKGROUND The subject easement is a special purpose easement originally platted for the purpose of burying underground utilities. The plat dedicated the easement to the City for utility purposes and Comcast was the only service provider utilizing the easement. The utilities have been relocated out of this portion of the easement. Portions of this utility easement on other lots within the PUD have previously been abandoned by the City per the requests of individual homeowners, including the neighbor two (2) lots to the east in 2016. That neighbor has since constructed their pool. Staff has recommended that the Property Owner's Association pursue a neighborhood-wide abandonment of the utility easement, however their letter states the POA does not have the funds or resources and has no objection to the incremental abandonment of the unused easement(see Exhibit"E"— HOA Letter). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses from the utility providers follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection AT & T - No objection with a 4" conduit as connection with UE Florida Public Utilities - No objection Comcast - No objection RECOMMENDATION Staff has determined that the subject portion of the utility easement no longer contains any utilities and that a new easement has been created to meet the utility needs. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon this portion of the subject 10-foot wide utility easement. 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S 1 N 83 DRIVE, d 4 BOYNTON BEACH,FLORIDA 33436 A PARCEL OF LAND BEING ALL OF THAT PORTION OF A 10 FOOT WIDE UTILITY EASEMENT WITHIN LOT 43,BLOCK 2, CRANBROOK LAKE ESTATES,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 33,PAGES 124 AND 125,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 43,BLOCK 2,CRANBROOK LAKE ESTATES,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 33,PACES 124 AND 125,OF THE PUBLIC RECORDS OF PALM LEACH COUNTY, FLORIDA; THENCE NORTH 01®19'25"WEST ALONG THE EAST LINE OF SAID LOT 48,BLOCK 2,THE EAST LINE OF SAID LOT 409 BLOCK 2 IS ASSUMED TO BEAR.NORTH 01°11'25"NEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO,A DISTANCE OF 105.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 8 *45'35"NEST ALONG THE SOUTHERLY LIMITS OF SAID 10'UTILITY EASEMENT, A DISTANCE OF 15.13 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 51*33'55";THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHERLY LIMIT OF SAID 10'UTILITY EASEMENT,AN ARC LENGTH OF 40,50 FEET TO THE INTERSECTION WITH A RADIAL LINE ALSO BEING THE WESTERLY LINE OF SAID LOT 45,BLOCK ;THENCE NORTH 50.22°33"EAST ALONG SAID RADIAL LINE ALSO BEING THE WESTERLY LINE OF SAID LOT 48,BLOCK 2,A DISTANCE OF 10,00 FEET TO THE INTERSECTION WITH CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 35,00 FEET,A CENTRAL ANGLE OF 1°33'55"AND SAID CURVE BEING CONCENTRIC TO THE PREVIOUSLY MENTIONED CURVE;THENCE SOUTHEASTERLY ALONG THE ARC OF THE CURVE ALSO BEING ALONG THE NORTHERLY LIMITS OF SAID 10 FOOT WIDE UTILITY EASEMENT,AN ARC LENGTH OF 31.50 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°45'35"EAST ALONG THE NORTHERLY LIMITS OF SAID 10 FOOT WIDE UTILITY EASEMENT,A DISTANCE O 15.13 FEET TO THE INTERSECTION WITH THE EAST LINE OF SAID LOT 45,BLOCK 2;THENCE SOUTH 01"11'25"EAST ALONG THE EAST LIFE OF SAID LOT 43,BLOCK 2,A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 519 SQUARE FEET OR 0.0117 ACRES,MORE OR LESS. LOT 4 BLOCK2 RADIUS =35.00' CENTRAL ANGLE=51®3358,° ARC LENGTH =31.50' NORTHERLY LIMITS O WESTERLY LINE OF LOT 10"UTILITY EASEMENT 40, BLOCK 2 Z POINT OF 83043,35"e TANGENCY 15.13' A PORTION OFA 10'UTILITY W LO EASEMENT WITHIN LOT 43,BLOCK 511 SQUARE FEET N O ,CRANBROOK LAKE ESTATES, OR 0.0117 AC:RES+/- r C7 PLAT BOOK 33,PAGES 124 AND 125 o RAD IUB=45.00 CD CENTRAL AL _51*33'58®' s �g -_� POINT OF .,..., ACL CT'H 40,50' POINT OF 8 4 3 CURVATURE 15.13' BEGINNING * SOUTHERLY LIMITS OF ° 10'UTILITY EASEMENT LOT EAST LINE OF N o BLOCS 2 LOT 43,BLOCK 2 LO INT OF COMMENCEMENT o ® BLOCK 2 SCALE: 1 =1 �a- SOUTHEAST CORNER OF LOT 48,BLOCK 2,C NBROOK z LAKE ESTATES,PLAT BOOK 33,PAGES 124 AND 125, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA C d 1 PSM 2883 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE OF AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER PAGE 1 OF 1 f Page 1023 of 1128 the" estates 1EI RLARE, October e,2019 E: NO OBJECTION Proposed Abandonment of 10'Wide Utility Easement 2735 SW 231d Cranbrook Drive,Boynton Beach,FL 33436 To whom this may concern: The Estates of Silverlake Homeowners'Inc.has no objection to the abandonment of the 10-foot utility easement located in the rear of the property described as 2735 SW 231 Cranbrook Drive,Boynton Beach,FL 33436. The Estates of Sllverlake Homeowners'Association Inc.does not have the funds or the resources to pursue a neighborhood wide abandonment. Please allow MS Giuliana Delgado to proceed with the abandonment proceedings for the construction of a private swimming pool. Sincerely, The Estates of Silverlake Homeowners'Association Inc. Peter Whitaker Vice President and Chair Architectural&Maintenance Review Committee 2506 S.W. Crate rook Drive ® Boyrztom Beach, Florida 33436 - 5611736-5756 Page 1024 of 1128 8.B. PUBLIC HEARING 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Ordinance 20-030 - Second Reading -Adoption of an ordinance allowing for virtual City Commission meetings by communication media technology. (The City Attorney is requesting to table this agenda item.) Explanation of Request: The City Commission has been conducting virtual meetings by use of communication media technology under the general state wide authority granted by the Governors Executive Orders. The continuation of those orders has created both confusion and uncertainty regarding the ability to continue virtual meetings. The attached Ordinance is intended to establish local home rule based authority for Virtual city commission meetings during the COVI D-19 pandemic. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance authorizing Commission meetings by communication media technology Page 1025 of 1128 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER AND CITY CLERK TO MAKE 5 PROVISIONS FOR PUBLIC MEETINGS BY USE OF COMMUNICATION 6 MEDIA TECHNOLOGY AND FOR ATTENDANCE BY USE OF SUCH 7 TECHNOLOGY BY ELECTED AND APPOINTED OFFICIALS DURING 8 PERIODS WHEN THE CITY COMMISSION DETERMINES AND 9 DECLARES A LOCAL PUBLIC HEALTH EMERGENCY OR OTHER 10 CIRCUMSTANCES WHICH THE COMMISSION DETERMINES 11 NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CITY 12 OFFICIALS, CITY STAFF, AND THE PUBLIC; PROVIDING FOR THIS 13 ORDINANCE TO CONTROL IN THE EVENT OF CONFLICT WITH OTHER 14 ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN 15 EFFECTIVE DATE. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA: 19 20 SECTION 1. LEGISLATIVE FINDINGS. PURPOSE,AND INTENT. 21 22 In adopting this Ordinance, the City Commission of the City of Boynton Beach (the "City 23 Commission") intends to protect the public health and safety by making provisions for 24 the occurrence of and attendance at public meetings by use of communication media 25 technology (CMT) during local public health emergencies, as determined by the City 26 Commission. The City Commission finds: 27 28 1. On March 1, 2020, Ron DeSantis, Governor of the State of Florida, issued 29 Executive Order No. 20-51, directing the Florida Department of Health to issue a Public 30 Health Emergency. 31 32 2. On March 1, 2020, the State Surgeon General and State Health Officer declared 33 that a Public Health Emergency exists in the State of Florida as a result of COVID-19. 34 35 3. On March 9,2020, Governor DeSantis declared that a state of emergency exists in 36 the State of Florida as a result of the continued spread of COVID-19. 37 38 4. The current outbreak of Coronavirus (COVID-19) has made the City Commission 39 acutely aware that provisions must be made to ensure that the business of municipal 40 governance can occur without unnecessarily exposing either public officials, City 41 personnel or members of the public to a risk of infection while ensuring public access 42 and open government. 43 44 S. Florida law, including Florida Statutes Sections 286.011 and 166.041, requires 45 that meetings of elected and appointed officials ("Bodies"), for the conduct of public 46 business, must be held following procedures (notice, access of meetings, opportunity to 100389071.1306-90018211 S:ACA\Ordinances\CMT Meetings(00389071xc4b6a).Docx Page 1026 of 1128 47 be heard, the taking of minutes, etc.) that ensure that the public is able to participate in 48 and be aware of the decision making process (the "Sunshine Law"). 49 50 6. Previously, when asked whether a public body complies with the Sunshine Law 51 when one or more members of the Body wish to participate in a meeting electronically 52 from a remote location, the Florida Attorney General ("AG") has opined that a quorum 53 of the Body must be physically present in order to allow a member, who due to 54 "extraordinary circumstances"is unable to physically attend the meeting,to appear and 55 participate electronically. 56 57 7. On March 19, 2020, the AG issued an AGO 2020-03 which provides that "unless 58 and until legislatively or judicially determined otherwise, if a quorum is required to 59 conduct official business, local government bodies may only conduct meetings by 60 teleconferencing or other technological means if either a statute permits a quorum to be 61 present by means other than in-person, or the in-person requirement for constituting a 62 quorum is lawfully suspended by the Governor during the state of emergency." 63 64 8. On March 20, 2020, Governor DeSantis issued Executive Order Number 20-69 65 which suspends any Florida Statute that requires a quorum to be present in person or 66 requires a local government body to meet at a specific public place and permits local 67 government bodies to utilize communications media technology such as telephonic and 68 video conferencing,as provided in section 120.54(5)(b)2.,Florida Statutes.EO 20-69 has 69 been extended on several occasions reflecting the continued state of emergency and 70 threat to the public when gathering to attend public meetings. 71 72 9. COVID-19 has created or imminently threatens to create conditions that may 73 severely affect the public health, safety, welfare and security of the citizens, residents 74 and visitors of the City of Boynton Beach, Florida. 75 76 10.The City Commission finds there is a clear and present danger in holding a public 77 "in person" meeting for those attending and those who come in contact with those 78 attending. 79 80 11.The technology exists to conduct public meetings using technology in which the 81 City can comply with the provisions of the Sunshine Law while preserving human life. 82 83 12.The City Commission also possesses broad home rule powers that authorize it to 84 protect the public health, safety, and welfare, declare emergencies, and protect its 85 citizens, and pursuant to its Charter. 86 87 13.There is no statute, Charter provision, or ordinance defines "present" as 88 physically within the walls of the City hall chambers. Webster's includes "in attendance" 89 as a meaning of"present". Section 8 of the City Charter provides: 90 {00389071.1 306-90018211 2 S:ACA\Ordinances\CMT Meetings(00389071xc4b6a).Docx Page 1027 of 1128 91 Sec. 8. Frequency, date of regular meetings; special meetings; rules of 92 procedure. 93 (a) The Commission shall hold its meetings as the Commission deems 94 necessary. Should any scheduled City Commission meeting fall upon a 95 date on which any national, state, county or municipal election is held, 96 said City Commission meeting should be deferred until the next regular 97 working day. 98 (b) The Mayor, or any three members of the City Commission may call 99 special meetings of the City Commission, upon written notice to each 100 member served personally or left at the usual place of residence. All 101 regular and special meetings of the City Commission shall be open to the 102 public. The City Commission shall determine its own rules and order of 103 business. 104 105 106 14. Charter does not prohibit attendance at the meeting of City commissioners by 107 electronic media and the Commission finds that its attendance requirement for the 108 purpose of establishing a quorum, participating and voting can be satisfied by physical 109 or CMT attendance. This same rule of attendance applies to City Board meetings and 110 quasi-judicial hearings. 111 112 15.There is no intrinsic evil to telephone attendance to achieve a quorum. 113 Consequently, the "preemption" of phone attendance, if it exists, must be express, not 114 vaguely and ambiguously implied. Thus, the City Commission finds that no preemption 115 exists in state law. 116 117 16.The City Commission finds that it is in the best interest of the personnel and 118 citizens of the City for the City Commission and members of the various Boards and 119 Committees to be able to attend meetings electronically during a declared public health 120 emergency, Boynton Beach pursuant to the City's Charter, and the City's home rule 121 authority, including that set forth in Article VIII, Section 2(b), Florida Constitution, and 122 Section 166.021, Florida Statutes. 123 124 SECTION 2. DECLARATION OF EMERGENCY. Pursuant to its home rule 125 powers and based upon the Legislative Findings set forth in the above-stated Recitals, 126 the City Commission of Boynton Beach hereby finds and declares that an public health 127 emergency exists requiring immediate action by the City Commission. By virtue of the 128 threat to public health and safety by virtue of the threat to the City's financial health and 129 home rule powers, it is necessary for the City to implement this regulation. 130 SECTION 3. LIMITED AUTHORIZATION FOR PUBLIC MEETINGS WITHOUT 131 PHYSICAL PRESENCE. The City Manager is hereby authorized, pursuant to the 132 Home Rule authority of the City Commission, during a declared public health emergency 133 to: {00389071.1 306-90018211 3 S:ACA\Ordinances\CMT Meetings(00389071xc4b6a).Docx Page 1028 of 1128 134 135 a) arrange for the City Commission to meet electronically; 136 137 b) promulgate rules of procedure that will ensure compliance with the Sunshine 138 Law)- 139 aw;139 140 c) provide technology and administrative support as necessary to fulfill these 141 objectives. 142 Such a meeting may only be conducted without the physical presence of the City 143 Commission members if an emergency is declared based upon an infectious disease, and 144 only so long as (1) the meeting be properly noticed, (2) minutes be taken,and(3) the public 145 be permitted to attend via technology such as teleconferencing or web-based conferencing. 146 147 SECTION 4. SEVERABILITY. If any provision of this ordinance is for any 148 reason held to be invalid or unconstitutional by any court of competent jurisdiction,such 149 provision and such holding shall not affect the validity of any other provision,and to that 150 end, the provisions of this ordinance are hereby declared severable. 151 152 SECTION 5. CONFLICTS. All ordinances or parts of ordinances in conflict 153 herewith are hereby repealed to the extent of such conflict. 154 155 SECTION 6. EFFECTIVE DATE. This ordinance shall take effect immediately 156 upon its passage, and shall expire on ' 2020. Nothing contained in this 157 ordinance shall give rise to any vested rights, equitable estoppel, or claim for continuing 158 any specific land use. 159 160 FIRST READING this—day of August, 2020. 161 162 SECOND, FINAL READING AND PASSAGE this day of . 2020. 163 164 CITY OF BOYNTON BEACH, FLORIDA 165 YES NO 166 167 Mayor- Steven B. Grant 168 169 Vice-Mayor- Ty Penserga 170 171 Commissioner-Justin Katz 172 173 Commissioner-Woodrow L. Hay 174 175 Commissioner- Christina L. Romelus 176 177 VOTE {00389071.1 306-90018211 4 S:ACA\Ordinances\CMT Meetings(00389071xc4b6a).Docx Page 1029 of 1128 178 ATTEST: 179 180 181 Crystal Gibson, MMC 182 City Clerk 183 184 185 (Corporate Seal) 186 187 {00389071.1 306-90018211 5 S:ACA\Ordinances\CMT Meetings(00389071xc4b6a).Docx Page 1030 of 1128 9.A. CITY MANAGER'S REPORT 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Hear a presentation of the proposed City Hall Innovation Centre and Hospitality Amenities solicitation(s) by Mark Hefferin, President, E2L Real Estate Solutions and provide direction. Explanation of Request: Business incubation can be a powerful tool for economic development and entrepreneurship. Incubators specialize in helping start-up and early stage businesses by providing resources such as office space, legal counsel, access to financing like venture capital, and mentorship. Business incubators can provide entrepreneurs with a supportive environment that can help scale up their business. In line with its mission, the City of Boynton Beach dedicated space in the new City Hall to business incubation. Together with the Boynton Beach Library Makerspace and the CRA/City partnership, the Innovation Centre will provide startups and entrepreneurs with the support they need to grow. The City provides an annual grant for entrepreneurs and Incubators in the amount of$50k. This year, we received fewer responses than anticipated and only awarded $30k. The Commission agreed to allow the unused $20k to be dedicated to support an incubator operator program at the City Hall Innovation Centre. This one-time funding is available this fiscal year, ending in September 2020. The Commission supported a budget request for an additional $50k in funding dedicated to the Innovation Centre programming for FY20- 21. E2L Real Estate Solutions is developing the solicitation(s)for the City Hall Innovation Centre as well as the City Hall and Cultural Center Cafes and seek direction from the Commission. How will this affect city programs or services? The Innovation Centre will create an ecosystem of support for Boynton Beach startups and entrepreneurs to grow. the cafes will enhance the Town Square experience for residents, businesses, and visitors participating in the City's services and programs. Fiscal Impact: Budgeted $20,000 current fiscal year $50,000 FY20-21 budget year Alternatives: N/A Strategic Plan: Redevelop Downtown, Building Wealth in the Community Strategic Plan Application: The Innovation Centre will create an ecosystem of support for Boynton Beach startups and entrepreneurs to grow. These businesses will become strong members of the Boynton Beach business community, attracting local spending, and hiring local employees. The cafes will enhance the Town Square experience and support the City's many resident, businesses, and visitor attractions and programs. Page 1031 of 1128 Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Boynton Beach Innovation Space Presentation Page 1032 of 1128 i 71 c4-- t 4t t , + s 5 h —s 1 jz 'i i , 4 L +S ` �,�, • � , � ��, � }�{ifs t,rt�}}? �s � it r 3y f i 4 I ` FS rf N 1 +ti „S, r r f+i�+41t { $ssi�ltjs�� u� 1 ay +r I � � rn l }ri)i arS �y 3, A45 W3 gp f' 1, 4 4-1 Ln ------------------------------------- i� a ztSS ? u i rttt , U 1 4—+ (A cu V) rr'r�tSt���•, } UI J co • • • N O LOM O N O) LA co i_ CL i d > { tW1`8 �)ry� 1 do `-J Ej o rJ1 V `- PI[ ✓ z �1V VJV i 0 0 t U M, L - -+ Q) tilt • a + W o ? c 4, n o cu 0 ® m � Uu - • o 0 m v v 4 C w m m • L 'L2 _ Q1 -0 0 0 � � d 0 J Z M • N L0 0 tJ ? A am M . 0 w a .. 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CITY MANAGER'S REPORT 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Discuss direction to City staff for the 2021 International Kinetic Art Exhibit and possibly consider Resolution No. R20-086-Authorizing the City Manager to sign a proposal and purchase order for Zucker & Lewis Media Group, LLC to manage and promote the event, currently scheduled for February 6-7, 2021. Explanation of Request: Given the uncertainties and cancellations of many large scale events due to COVID-19, a discussion with the City Commission is requested to provide City staff with direction regarding the 2021 International Kinetic Art Exhibit. This event requires months of planning and coordination. The attached resolution and proposal are presented for consideration to hire a consultant to oversee the planning, promotion and logistics of the event. Services include coordination with City staff, planning and coordination of all event logistics and art installations, and promotion of the event. How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Consider a 1 year delay to February 2022 or cancellation until further notice. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Contracts Vendor Name: Zucker & Lewis Media Group, LLC Page 1044 of 1128 Start Date: 8/20/2020 End Date: 2/28/2021 Contract Value: $40,000 Minority Owned Contractor?: Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Resolution Resolution authorizing Zucker Lewis Kinetic Art Proposal D Other Kinetic Art Event Proposal - ZL Media Group D Sole Source Letter Sole Source Form Page 1045 of 1128 I RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN A PROPOSAL AND 6 PURCHASE ORDER FOR ZUCKER & LEWIS MEDIA 7 GROUP, LLC TO MANAGE AND PROMOTE THE 8 EVENT,CURRENTLY SCHEDULED FOR FEBRUARY 6- 9 7, 2021; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the 2021 International Kinetic Art Exhibit is scheduled to take place 12 February 6 —7, 2021 and requires months of planning and coordination.; and 13 WHEREAS, staff has determined it would be best to hire a consultant to oversee the 14 planning, promotion and logistics of the event which would include coordination with City 15 staff, planning and coordination of all event logistics and art installations, and promotion of 16 the event; and 17 WHEREAS,upon recommendation of staff, the City Commission has determined 18 that it is in the best interests of the residents of the City to authorize the City Manager to sign 19 a proposal and purchase order for Zucker&Lewis Media Group, LLC to manage and promote 20 the event, currently scheduled for February 6-7, 2021. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby approves and authorizes the City 27 Manager to sign a proposal and purchase order for Zucker & Lewis Media Group, LLC to 28 manage and promote the event, currently scheduled for February 6-7, 2021, a copy of the S:ACA\RESO\Agreements\Zucker Lewis Proposal(Kinetic Art Exhibit)-Reso.Docx Page 1046 of 1128 29 proposal is attached hereto as Exhibit"A". 30 Section 3. In addition to the terms contained in the Proposal and Purchase Order, 31 the City can terminate the Purchase Order for convenience with ten (10) days notices and 32 Consultant will be entitled to payments only for work performed up to the date of Notification 33 of termination. 34 Section 4. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of August, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven Grant 41 42 Vice Mayor— Ty Penserga 43 44 Commissioner—Justin Katz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Christina L. Romelus 49 50 51 VOTE 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) S:ACA\RESO\Agreements\Zucker Lewis Proposal(Kinetic Art Exhibit)-Reso.Docx Page 1047 of 1128 Zucbkeir&LewI* S M E D I A City of Boynton Beach Kinetic Art Exhibition Event Logistics, Marketing & Promotions Proposal Copyright 20200 CONTACT: Zucker Lewis Media Group, LLC Valerie Zucker Valerie@ZuckerLewis.com I Direct: 305.321.7556 Nicole Lewis Nicole@ZuckerLewis.com I Direct: 305.803.9177 Page 1048 of 1128 Zu_cker&_I_.,ewI*._S MEDIA L) City of Boynton Beach Kinetic Art Exhibition Event Logistics, Marketing & Promotions Proposal SITUATION: Kinetic Art Exhibition, February 6 -7, 2021 requires an event logistics, PR/Marketing and overall promotional agency to quarterback the event planning and execution of their event. For this reason, Zucker Lewis Media Group has designed a strategic plan to rapidly elevate the notoriety and exposure for the event coupled with overseeing the logistics of the overall event weekend. CORE OBJECTIVE: "Overall management of the Event" 1. Communication:The key to a fluid event is communication of all areas to our direct contact(s). Additionally, we want to make sure you have the details set for next year too—so we keep an electronic folder of all items by category so it's an easy access file for each year. 2. Promotion/Marketing/Advertising: Develop and implement publicity and programs that drive notoriety and ultimately new traffic for the event. Create and oversee all press materials, digital marketing, social media, traditional advertising (based on the budget). 3. Planning-logistics: Planning all matters of details such as permits, insurance, layout of the artists, vendors, overall details. Coordination with the artists, including shipping, installation and removal of artwork, a few of the outdoor pieces will be installed in October and will remain on display for a year (the City can coordinate the removal and return shipping on these pieces in 2021). 4. Weekend TEAM to handle logistics(February 6-7, 2021): Our team will be on-site for the entire weekend to handle all matters of event management such as: load-in, load-out, coordination with off-duty police officers, artist details, media relations, vendors, etc. Communications—Updates and Schedules • Conference Calls/Zoom meetings • Updates on all event details • Recap Deck provided at the end of the project Promotion/Marketing/Advertising • Draft - Kinetic Art Event— Press Release • Pitch all South Florida media outlets—TV, Newspaper, Digital, Magazine, Bloggers • Photo Gallery for media: Photos of exhibition and City of Boynton Beach images 2 Page 1049 of 1128 • Social Media: Posting schedule (Facebook & Instagram) • Develop AD schedule and marketing (Sun-Sentinel, Palm Beach Post, etc.) • Website Word press copy updates • Brochure design and printing— Map of artists • Print AD design • Social Media Graphics • QR/ Otocast design • Signage • (Budget) Planning for the weekend—Event logistics (Planning from July 20—Event weekend) • Special Event Permit • Liability Insurance • City of Boynton Beach —off duty Police Officers • Golf Carts • Radios • Bathroom /Wash stations • Photographer • Brochure— Maps • Signage installation • Vendors • (Budget) • Coordination with the artists, including shipping, installation and removal of artwork- a few of the outdoor pieces will be installed in October and will remain on display for a year (the City can coordinate the removal and return shipping on these pieces in 2021). TEAM weekend(Feb. 6—7, 2021) • TEAM to oversee various areas on-site of logistics • Artist load-in & load-out • Off-duty officers • Artists • Media • Food & Beverage Vendors • Bathrooms/wash stations (attendant - keeping them up to date) • Photographer Fees: Project fees for Zucker Lewis Media Group is as follows: • Overall / Event Planning $20,000 • TEAM weekend / Logistics $10,000 • Promotional &AD Development $10,000 3 Page 1050 of 1128 Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition -A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Section A— Purchase Details Requestor Department City Manager Division Art in Public Places Point of Contact Kathryn Matos Phone Number 561-742-6012 Vendor Company Name Zucker& Lewis Media Group, LLC Address 6480 Quite WaveTrail #68, Boca Raton, FL 33433 Phone Number 305-321-7556 Point of Contact and Title Valerie Zucker, Managing Partner What other vendors were Hot Works, LLC Fine Art Shows, Patty Narozny, Executive Producer, 248-762-2462 contacted? (List company Artfestival.com, Howard Alan Events&American Craft Endeavors, Howard Alan, name, contact, and phone 561-746-6615 number and explain why Artigras, www.thepalmbeaches.com-, 1-800-554-7256, did not receive a call back. they were not suitable) The concept of Boynton Beach Kinetic Exhibit is one of a kind and completely unique from other One art shows Product or Service Product/Service Name Event production Manufacturer Make/Model # Price $40,000 Did you negotiate the terms or prices with the vendor? ❑X Yes ❑ No Why is this price considered to be fair and reasonable? Fully loaded cost of salary and benefits for Public Art Manager during this time frame is $46,000. 1 Page 1051 of 1128 Purchasing Division Sole/Single Source Justification Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) ❑ Yes ❑ No Section B—Justification This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ® Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ® Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. The Kinetic exhibit is a unique event that no firm or vendor has experience doing. It requires highly specialized event management and production, as well as marketing. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. Section C— Routing, Certification and Approval My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Department Director Signature Date 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ /do not recommend ❑ this being certified as a sole source. Required ❑ / not required ❑ to be advertised for a period of 7 business days before award. Signature Date 2 Page 1052 of 1128 9.C. CITY MANAGER'S REPORT 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Presentation Page 1053 of 1128 i 7 I ,�t b I � I� t U) F 'I 0a , UJQ l� 13 0 4-J i yll I • r' 4 � y M 1 4 1 I I O CL LM f • i aI 1 Ii(t t I I 1 �I c; tl ifl 1 �t f I 7 1 I� i I 1i: F i P ,43co t, s ,I I cz V) BEEBE= 4EE­J WOMMOURROM 0 0 IA bn Ln �i i �F if ;114 I ,e 1 ii i 5 I b 7 I� i i blt, v I l s to m�u 1 .)� a !i s 4s i "1 777 43 co bz It i,1 I �i lig i � a� i yip ii twj cc 0 CU CU CU bz mom 0 CL CL LL i ( i iy 1 � s ti i hitt` r f �1 ;t r ,a I 1 7 li �1 7 i iS i f s m I J � y 43 i� I IT Ln !, ® 0 E 06 ' j ®00 o LM o Al 01 �I �- � )� 1ti �f 7 i i (f }}iy illi i i� pM 43 I ® i� CL Ln CL Wo Qr) j I I '1 ® Ln Ln UD CL f 11 iaf ��� i � 43 it l) i j ISI i� ii i ,a 7 i i i - i ` I Vit$ i\ I r I t � Ifif � II i j I f 0 I I �' MENEM ll"� ( I j I} If j� z I I i ,Al MENEM r i � j I.� f ,i I b; t �A it 7 I� i v s 4s i s s � I� 3 n Lu 2 p MO tLO ell Cali ICA EE � C �� 0 E 8) fl I 11 cc: M 1L.. 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NEW BUSINESS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. 20-087-Authorize the Mayor to sign the Purchase and Sale Agreement with Pulte Home Company, LLC., for a City owned parcel known as the Nickels property. Explanation of Request: On November 5, 2019, The City Commission approved the City Manager and City Attorney to negotiate a Purchase and Sale Agreement based on the conditions set forth in a Letter of I ntent from the PulteGroup to purchase approximately 14.7 acres on Nickels Blvd. Staff has negotiated a Purchase and Sale agreement that has been executed by the PulteGroup and staff is recommending approval. The Nickel's Property is owned by the City and the PulteGroup has proposed developing the property as a detached single-family residential subdivision. The property currently has several deed restrictions that would need to be removed prior to any development. Staff has reviewed this property and determined that it is not suitable for park development and requires annual maintenance. The property is currently in the County and is not adjacent to City boundary's so it cannot be annexed at this time. PulteGroup is offering a purchase price of$2,275,000 based on an entitlement from the County for 91 units once all restrictions are removed. The offer includes a 90 day investigation period and 12 month period for the PulteGroup to receive the necessary entitlements to develop the property. The Purchase and Sale Agreement includes several deposits to the City based on specific completed actions and includes one 30 day extension. A portion of the first deposit is non-refundable if the property does not close to cover City costs to work with the PulteGroup on the agreement and entitlements. The City would provide water and sewer service to the property and the sale will include both Utility Service Agreements and approval of voluntary annexation at such time it is feasible and lawful. Staff recommends approval of the Purchase and Sale Agreement. According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding$100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Page 1070 of 1128 How will this affect city programs or services? The property is surplus property for the City and not in the City Limits. Adding 91 residential units will increase taxes to the County and with the required Water & Sewer Agreement, will increase the City's tax base when annexation can occur. Fiscal Impact: Non-budgeted The non-refundable deposit covers staff costs to negotiate and execute the purchase and sale agreement. The contract includes language that will require the City to reimburse PulteGroup permitting costs if the City decides not to close the sale. There is no cost to the City if PulteGroup does not close. Alternatives: Do not approve the purchase and sale agreement. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Purchase and Sale Agreement with Pulte Homes (Nickels Blvd) D Agreement Purchase and Sale Agreement (Nickels) Page 1071 of 1128 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN THE PURCHASE AND SALE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PULTE HOME COMPANY, 7 LLC FOR THE CITY OWNED PROPERTY KNOWN AS NICKELS 8 PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS,on November 5,2019,The City Commission approved the City Manager 11 and City Attorney to negotiate a Purchase and Sale agreement based on the conditions set 12 forth in a Letter of Intent from the PulteGroup to purchase approximately 14.7 acres on 13 Nickels Blvd.; and 14 WHEREAS, Staff has negotiated a Purchase and Sale Agreement that has been 15 executed by the Pulte Home Company, LLC., and staff is recommending approval; and 16 WHEREAS,the City Commission has determined that it is in the best interests of the 17 residents of the City to approve a Purchase and Sale Agreement with Pulte Home Company, 18 LLC., to convey ownership of the City owned property located on Nickels Boulevard. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission does hereby approve and authorize the Mayor to 25 sign a Purchase and Sale Agreement with Pulte Home Company, LLC., for the City owned 26 property located on Nickels Boulevard,a copy of the Purchase and Sale Agreement is attached 27 hereto as Exhibit"A". 28 Section 3. This Resolution shall become effective immediately upon passage. S:ACA\RESOAAgreements\Pirclme and Sale Agreement with Pulte Homes for Nickels Property-Reso.docx Page 1072 of 1128 29 30 PASSED AND ADOPTED this day of August, 2020 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice-Mayor—Ty Penserga 37 38 Commissioner—Justin Katz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Christina L. Romelus 43 44 VOTE 45 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 S:ACA\RESOAAgreements\Pirclme and Sale Agreement with Pulte Homes for Nickels Property-Reso.docx Page 1073 of 1128 AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is dated as of the Effective Date (as defined in Section 27) and entered into by the City of Boynton Beach, Florida, a Florida municipal corporation ("Seller„), and Pulte Home Company, LLC, a Michigan limited liability company, and/or its assigns ("Buyer's). BACKGROUND: A. Seller is currently the owner of certain parcels of real property containing approximately 15 acres in the aggregate, located in unincorporated Palm Beach County ("County"), Florida, and which is more particularly described on Exhibit"A" attached hereto and made a part hereof("Land"). The legal description of the Land shall be subject to verification by a survey prior to the expiration of the Investigation Period, as defincd in Section 4 herein. B. The Land is being acquired with the primary intent of developing a residential community containing a minimum of ninety-one (91) single-family residential units, together with associated amenities, parking and other property features (the"Buyer's Intendcd Use"). C. The parties to this Agreement have agreed to the sale and purchase of the Property on the terms and conditions which are set forth in this Agreement. AGREEMENT: 1. Purchase and Sale, Subject to all of the terms and conditions of this agreement, Seller will sell to Buyer and Buyer will purchase from Seller the Land, together with all appurtenances, rights, easements, and development rights of way incident thereto, including, without limitation, the following(collectively, with the Land, the "Property"): (a) All easements, rights of way, privileges, licenses, appurtenances and any other rights, privileges and benefits belonging to the owner of, running with title to, or in any way related to,the Land, if any; (b) All land use rights or other consents, authorizations, variances, waivers, licenses, permits, vested concurrency rights, approvals, development orders, or any other approvals issued or granted by or from any governmental authority with respect to the Land, if any;. (c) All percolation, soil, topographical, traffic, engineering and environmental reports, appraisals or studies in the possession or control of the Seller, and all riparian, littoral rights,title to submerged lands and other water rights related to or benefiting the Land, if any; (d) All existing rights to sewage treatment capacity, potable water capacity, utility mains, service laterals, hydrants, connections, hood-ups and valves located on, or adjacent to, and servicing or available to service the Land, 1003911541306-9905441) wPBDOCS 10386778 b Page 1074 of 1128 (e) Any and all other agreements, contracts, covenants, variances and rights, benefits and privileges, and all other intangible rights of Seller related to or benefiting the Land, if any, including the prospective abandonment of unwanted casements or rights of way. 2. Purchase Price.. (a) Purchase Price. The total purchase price for the Property is TWO MILLION TWO HUNDRED SEVENTY FIVE THOUSAND and No/100 Dollars ($2,275,000.00) ("Purchase Price"). (b) Initial Deposit, Buyer has previously delivered to Seller a cash deposit in the amount of TEM THOUSAND DOLLARS ($111,000.00) ("Initial City Deposit") following the execution of a Letter of Intent relating to the purchase of the Property. (c) Additional Deposits. Within five (5) business days after the expiration of the Investigation Period, Buyer shall (i) deliver directly to Seller an additional cash deposit in the amount of TEN TIIOUSAND DOLLARS ($10,000.110) (the "Additional City Deposit" and, together with the Initial City Deposit, the "City Deposits"), and (ii) deliver an additional cash deposit to Goren, Chcrof, Doody & Ez.rol, P.A., as escrow agent ("Escrow Agent"), in the amount of NINETY FOUR THOUSAND DOLLARS ($91,000.00) (the "Escrow Deposit", and. together with the Additional City Deposit, the"Additional Deposits"). Escrow Agent shall hold the Escrow Deposit in a federally insured escrow account. (d) Treatment of Deposits. The Initial City Deposit and the Additional Deposits, together with all interest earned on them, are collectively referred to in this Agreement as the "Deposit", as applicable, and the Deposit shall be frilly applied to the Purchase Price at Closing. Upon payment, the City Deposits shall be non-refundable to Buyer except in the event of Seller default under this Agreement or under the circumstances expressly set forth in Section 5(a). (e) Payment of Purchase Price. At the time of Closing, the Buyer will pay to Seller by wire transfer of funds the balance of the Purchase Price as adjusted for prorations and adjustments as set forth in this Agreement. 3. Title Insurance; Survey. (a) Title Commitment. Within fifteen (15) calendar days from the Effective Date, Buyer shall, at its sole cost, obtain an ALTA title insurance commitment with respect to Property ("Title Corninitxnent") (accompanied by electronic copies of all documents affecting the Property and which are set forth as exceptions therein), issued by any major national title insurance underwriter selected by Buyer (the "Title Company"). The ALTA Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment shall be referred to under this Agreement as the"Title Policy". (b) Title Objections, Buyer shall have fifteen (15) calendar days from the later to be received of both the Title Commitment and the Survey (as defined in Section 3(c)) to give Seller written notice ("Objection Letter") of those matters shown in the Title Commitment or the Survey to which Buyer objects ("Title Objections"). If the Buyer fails to provide the Objection Letter to Seller within such time period, then, for all purposes of this Agreement, the Buyer shall LVPBDOCs 10336778 6 (00391154.2 306-99W411 2 ''......... Page 1075 of 1128 be dcerned to have accepted title in the condition described in the Title Commitment, Except for Monetary Liens (which Seller shall be required to satisfy or otherwise cure whether or not timely objected to by Buyer), any title exceptions which are not objected to within such time period shall be deemed to be acceptable to Buyer and permitted exceptions ("Permitted Exceptions"). (c) Cure Period. By no later than ten (10) business days after receipt of the Title Notice (the "Cure Period"), Seller may, at Seller's sole discretion, attempt to eliminate or modify all unacceptable matters to the satisfaction of Buyer, but Seller shall have no obligation to do so, except that Seller shall be obligated to pay, discharge or bond off any monetary lien or monetary encumbrance affecting all or any portion of the Property ("Monetary Liens") prior to the Closing, provided such lien or encumbrance is not created by Buyer. Monetary Liens shall specifically exclude taxes and/or assessments levied by any private or governmental agency and attributable to a period of time on or after the Closing Date. If any Title Objections are not cured (as determined by Buyer) within the Cure Period (other than Monetary Liens which Seller shall release or satisfy prior to Closing), Buyer may elect to (i) terminate this Agreement and the Escrow Deposit shall be returned by Escrow Agent to Buyer, and all pat-ties hereto shall be released from any and all obligations and liabilities hereunder or (ii) waive any Title Objections, by written notice to the Seller, in which event such Title Objections (other than Monetary Liens) shall be decined Permitted Exceptions and the Closing shall take place pursuant to this Agreement without any abatement in the Purchase Price. If Buyer fails to notify Seller of either election under the preceding sentence within ten (1 Q) business days subsequent to the end of the Cure Period, then Buyer shall be decined to have waived any such Title Objections (other than Monetary Liens). Notwithstanding anything contained in this Agreement to the contrary, at or prior to Closing, Seller shall deliver such documentation or take other action necessary for the Title Company to delete the "standard exceptions" under Schedule B-11 of the Title Commitment relating to the "gap", survey matters (subject to Buyer's delivery of a current Survey and any specific matters disclosed therein identified by the Title Company), unrecorded easements, parties in possession, and construction liens. (d) Updated Title Commitment, In the event that any matter shall be recorded against the Property between the date of the Title Commitment and the Closing Date, which is not contained in the Title Commitment ("New Matter"), then each such New Matter shall be deemed to be objectionable to Buyer and shall be removed by Seller promptly upon Buyer's request, but in all events, prior to the Closing Date. Prior to the Closing Date, Seller shall obtain and deliver to Buyer an updated Title Commitment with an effective date no earlier than fifteen (15) days prior to the Closing Date. (e) Survey. Within fifteen (15) calendar days frorn the Effective Date, Seller shall provide to Buyer (and its counsel) a prior Survey with respect to the Property, if one exists, ("Existing Survey"), provided Seller has a survey in its possession. By no later than sixty (60) calendar days after the Effective Date, Buyer, at its sole cost and expense, shall obtain an accurate survey of the Property, showing all recorded easements on the Property, certified to the Title Company, Escrow Agent, and Buyer, prepared by a registered surveyor in the State of Florida in accordance with the minimum technical standards imposed under Florida Administrative Code Chapter 5J-17.050-.052 or ALTA/ACSM(the "Survey"). Buycrmay give notice in its Objection Letter of any defects or matters unacceptable to Buyer, which shall be treated as a Title Objection as provided in Section 3(b) above, Any matters reflected on the WPBDOCS 103867786 {00391154.2 306-9905441) 3 Page 1076 of 1128 Survey to which Buyer does not expressly object in Buyer's Objection Letter shall be deemed Permitted Exceptions. 4. Investigation Period. (a) Property Documents. Within fifteen(I5) calendar days after the Effective Date, Seller shall provide Buyer with any and all,relevant information relating to the Property which is in Seller's possession, custody or control, including but not limited to all surveys, topographical maps, soil borings reports, traffic studies, agreements, environmental reports, appraisals, site planning concepts, permits, leases, contracts, project approvals, property tax bills, regulations and or other governmental or quasi-governmental matters affecting the Property (the "Property Documents"). In addition, Seller shall deliver to Buyer any additional information with respect to the Property within ten (10) calendar days of the SeIler's receipt thereof, which upon delivery shall constitute Property Documents. (b) Inspections. Buyer shall have a period commencing on the Effective Date and expiring ninety (90) calendar days thereafter (the "Investigation Period"), to inspect the Property in order to determine whether the Property is acceptable to Buyer for Buyer's Intended Use, in its sole and absolute discretion. During the term of this Agreement, Buyer and Buyer's contractors, consultants, employees, and other representatives shall have the right to conduct, at their oven expense, inspections of the Property in order to determine if the Property is acceptable to Buyer in its sole discretion. Seller hereby grants to Buyer and its agents, servants, employees, contractors and representatives, a right of entry upon every portion of the Property, and a right to examine all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller or other matters pertaining to the Property (and Seller hereby agrees to make any and all records, docurents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller available to Buyer) from time to time at all reasonable times for the purpose of inspecting the Property. Such inspections may include, but shall not be limited to, surveying, environmental studies, soil borings, wetlands assessments, and utilities and site planning studies, zoning and land use analysis, the analysis of the anticipated construction costs for development of the Property, and any other matters deemed appropriate by Buyer in its sole discretion. Buyer may also contact all applicable agencies and governmental authorities having jurisdiction over the Property to discuss and evaluate Buyer's Intended Use of the Property. Seller confirms and acknowledges that such inspections and testing will be a necessary part of the due diligence to be performed by the Buyer. During the Investigation Period, the Buyer will prepare and submit to Seller's staff a more detailed site plan for the Buyer's Intended Use; however, Seller shall have no right to approve, or otherwise require modifications to, the site plan. (c) Indemnification. The Buyer hereby indemnifies and holds the Seller harmless frorn any loss, cost or expense, including, but not limited to reasonable attorney's fees and out- of-pocket costs actually incurred by the Seller, as a result of the negligence or misconduct of any of Buyer's agents who enter the Property prior to Closing. The indernnifcation provided herein shall survive any termination or Closing under this Agreement. Buyer shall have no indemnification obligation or other liability for, or in connection with any claims arising from. pre-existing conditions on or under the Property, or those arising from the presence, discovery, wPr3DoCs 10386778 6 (00391154.230&9905441) 4 Page 1077 of 1128 or disturbance of "Hazardous Substances" as such term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.'9601 et seq. and the regulations promulgated thereunder(as amended fi•o'n time to time) and shall include oil and oil waste as those terms are defined in the Clean. Water Act, 33 U.S.C. '1251 et seq. and the regulations promulgated thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C. '6901 et seq., and the Florida Resource Recovery and Management Act, Florida 'Statutes ` 103.70-403.73, each as amended from time to time, and also shall include any other elements or compounds contained in the list of hazardous substances adopted by tire United States Environmental Protection Agency(the"EPA"), or any other substance or material defined or designated as a hazardous or toxic waste material or substance or other similar term by an federal, state environmental statue, regulation or ordinance presently in effect, as such statute, regulation or ordinance may be amended from time to time or any petroleum or petroleum derivative products. (d) Acceptance Notice. Notwithstanding anything to the contrary contained in this Agreement, in the event that Buyer, in its sole and absolute discretion, is satisfied with the results of its inspections, Buyer may elect to proceed with the transaction described herein by providing written notice to Seller no later than the expiration of the Investigation Period ("Acceptance Notice"). If(i) Buyer does not provide Seller with the Acceptance Notice before the expiration of the Investigation Period or(ii) if Buyer provides written notice to Seller prior to the expiration of the Investigation Period that Buyer disapproves of the feasibility of this transaction, then, in. either case, this Agreement shall be deemed terminated and shall be null and void without recourse to either party hereto, except for those obligations which expressly survive the termination of this Agreement. In the event Buyer timely sends the Acceptance Notice on or before the expiration of the Investigation Period, then Buyer shall be deemed to have elected to proceed with this Agreement and to be satisfied with its inspections. (e) Right to Extend Investigation Period. Buyer shall have the right (provided Buyer is not in default hereunder) to extend the Investigation Period for one thirty (30) calendar day extension period ("Inspection Extension Period") by providing Seller with written notice of such election by no later than three (3) calendar days prior to the expiration of the Investigation Period. Buyer shall pay directly to Seller, within three (3) business days prior to the end of the Investigation Period, a nonrefundable extension fee in the amount of Five Thousand Dollars ($5,000.00) ("Extension Fee"), which shall be applied to the Purchase Price due at the Closing. 5. Approvals Period. (a) Approvals. During the Approvals Period as defined herein, the Buyer will, in. good faith, seek to obtain the following approvals for the purpose of enabling Buyer to develop the Property for Buyer's Intended Use (the following items being hereafter collectively defined as the "Approvals"). The "Approvals Period" shall mean the period from the date the Investigation Period expires until that date which is three hundred sixty-five (365) calendar days thereafter, provided that Buyer shall have the right, upon giving notice to Seller no later than fifteen (15) days prior to the originally scheduled expiration date of the Approvals Period, to extend the Approvals Period for an additional thirty (30) calendar days, so long as Buyer is still seeking, and continues to seek, in good faith, to obtain the Approvals as set forth below: WPBDOCS 1.0386778 6 (00-1911541306-9905441) 5 ''........ Page 1078 of 1128 (i) Buyer shall have obtained in a final and non-appealable form, a DRO site plan approval for the Property from Palm Beach County and all other required governmental authorities whose approval, consent or permitting is necessary for the development of the Property for Buyer's Intended Use ("DR© Site Plan Approval"). (ii) Buyer shall have obtained from South Florida Water Management District ("SFWMD") ail environmental resource permit, in a final and non-appealable farm, for the development of the Property for Buyer's Intended Use("BRP Approval"). (iii) Buyer shall have obtained an Environmental Resource Management Lake Excavation Permit fi-om Florida DBP, in a final and non-appealable form, for tine development of the Property for Buyer's Intended Use(the"PRM Permit") (iv) The Future Land Use Plan designation for the Property shall be final and non-appealable, if the designation has been changed, and shall allow the Property to be developed for Buyer's Intended Use. (v) Buyer shall have obtained from the Lake Worth Drainage District, in a final and non-appealable form, a drainage permit for the development of the Property for Buyer's Intended Use("LWDD Permit"). (vi) All deed restrictions and reversionary rights affecting the Property shall have been terminated or released by all necessary parties, in a final and non-appealable form recorded in the Public Records of Palm Beach County, Florida, sufficient to allow for Buyer's Intended Use and issuance of the Title Policy without exception for such matters. (vii) Buyer shall have obtained from Palm Beach County the Technical Compliance of the preliminary plat and construction plans for Buyer's Intended Use, in a final and non-appealable form ("Technical Compliance"). (viii) Buyer shall have obtained approval from all necessary governmental authorities or other parties for the vacation and abandonment of the right of way(s) currently affecting the Land, in a final and non-appealable form sufficient to allow for Buyer's Intended Use and the issuance of the Title Policy without exception for such right of way(s). (ix) Buyer shall have obtained such permanent easements far utilities over neighboring properties as may be necessary for the development of the Property for Buyer's Intended Use. (x) Buyer and Seller shall enter into a Service Utility Agreement. If Buyer does not receive written evidence that all of the Approvals have been obtained by the expiration of the Approvals Period, then Buyer may terminate this Agreement by delivering written notice to the Seller, whereupon the Escrow Deposit shall be immediately returned by Escrow Agent to Buyer and the parties shall be relieved of any firther liability or obligation hereunder; provided, that, if the DRO Site Plan Approval has not been obtained by the expiration of the Approvals Period, then the City Deposits shall also be immediately returned by wr'BDOCs 10386778 6 (00391154.2 306-9905441) 6 ''........ Page 1079 of 1128 Seller to Buyer. Buyer's notice of termination shall be effective upon delivery and shall be delivered prior to the end of the Approvals Period. (b) Duty to Cooperate. Seller shall cooperate with Breyer with respect to Buyer's pursuit of the Approvals and shall execute such applications, requests for approvals, and dOCulrrents as 131.1yer reasonably requests or as may be necessary in connection with the Approvals, including, without limitation, written consents to any applications for the Approvals or documentation designating Buyer as Seller's agent with respect to any Approvals, provided, that, Buyer shall be solely and absolutely responsible for all costs and expenses incurred by or on behalf of Buyer and arising Out of or related to Buyer's pursuit of and compliance with the Approvals for the Property. 6. Closing Date. The closing (the "Closing") shall be held at the offices of Escrow Agent, by"mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty (30) days after (i)the expiration of the Approvals Period (as defined below) as the same may be extended, or (ii) Buyer has obtained all Approvals (as defined above) (the"Closing Date"). 7. Seller's Closing Documents. At or prior to Closing, Seller shall deliver the following items to the Escrow Agent: (a) Special Warranty Deed. A Special Warranty Deed in the form attached hereto as Exhibit "B" (the "Deed"), subject only to the Permitted Exceptions and with the legal description provided in the Title Commitment as verified by the Survey. (b) Affidavit. A "gap", no-lien and exclusive possession affidavit sufficient for the title company to delete any exceptions for parties in possession, mechanic's or materialmen's liens and"gap"from the Title Policy. (c) f+IRPTA Affidavit. In order to comply with the requirements of the Foreign Investment Real Property Tax Act of 1980 ("I+IRPTA"), Seller will deliver to Buyer at Closing an affidavit under penalty of perjury stating the Seller is not a "foreign person," as defined in Section 1445 of the Internal Revenue Code of 1986 and the U.S. Treasury Regulations thereunder, setting forth Seller's taxpayer identification number, and that Seller intends to file a United States income tax return with respect to the transfer. Seller represents and warrants to Buyer that it has not made nor does Seller have any knowledge of any transfer of the Property or any part thereof that is subject to any provisions of FIRPTA that has not been fully complied with by either transferor or transferee. As required by law, if Seller fails to comply with the requirement of this paragraph, Buyer shall withhold 15% of the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the Internal Revenue Service in such form and manner as may be required by law. (d) Seller Authorization. Evidence of Seller's authorization to consummate this transaction, as required by the Title Company. wPBDOCS 10386778 6 (00391134.2 306-9905441) 7 ''........ Page 1080 of 1128 (e) General Assignment. An assignment of any and all rights, licenses, development rights, contracts and plans of Seller which pertain to the Property. Such assignment shall be in the same form attached hereto as Exhibit 44C" and made a part hereof. (f) Marked Up Commitment, Seller shall cause the Title Company to issue a "marked tip" Title Commitment insuring fee simple marketable title to the property, in the insured amount of the Purchase Price, in accordance with the Title Commitment, and subject only to the Permitted Exceptions. (g) Additional Documents. Stich additional documents as are customarily required of seller's in transactions of this type in Palm Beach County, Florida or as may be reasonably necessary to consummate the purchase and sale of the Property, together with any other documents, instruments, or agreements call for under this Agreement that have not been delivered previously, including,, without limitation, Seller's counterpart to the approved closing statement referenced tinder Section 8. 8. Buyer's Deliveries. At the Closing, and after the Seller has complied with all of the terms and conditions of this Agreement and simultaneously with Seller's delivery of the documents required in Section 7, the Buyer shall pay to the Seller by wire transfer of Rinds or local cashier's check, the Purchase Price, adjusted for the credits, prorations, adjustments and other payments provided for in this Agreement. Buyer shall prepare a closing statement which must be approved by both Buyer and Seller. 9. Closing;Costs,Prorations,and Impact Pees. (a) Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: (a) Costs associated to appraisals, survey, environmental reports (phase I and phase II); (b) recording fees of the Deed, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) documentary Stamps on the Deed as provided under Chapter 201, Florida Statutes; (d) all costs and expenses related to obtaining and updating the Title Commitment; and (e)the premiu►n for the Title Policy. (b) Prorations. All real estate taxes and assessments for the Property attributable to the year in which the Closing occurs shall be prorated and adjusted as of the Closing Date as an adjustment at the Closing (regardless of whether such taxes and special assessments are then due and payable or delinquent, and taking into consideration the maximum allowable discount). If the tax statements for the year during which the Closing Date occurs are not finally determined, then the assessed value for the year of closing and the millage rate for the immediately prior fiscal year will be used For the purposes of prorating taxes on the Closing Date, with a ft►rkher adjustment to be made after the Closing Date with a reasonable period of time following such tax figures being finalized. All special assessments which may be amortized over a number of years will be prorated as of the Closing Date, with Seller responsible only for the period ending on the day prior to the Closing Date. Stich other items that are customarily prorated in transactions of this nature shall be ratably prorated as of the Closing Date. The provisions of this Section shall survive the Closing and delivery of the Deed. WI113DOCS 10386778 6 pp (00391154.2306-99054411 8 Page 1081 of 1128 (c) Impact Fees. Seller shall not be responsible for any impact fees owing following the Closing Date in connection with Buyer's ownership or development of tl}e Property. 10. Seller's Warranties. Seller hereby represents and warrants to Buyer, as of the Effective Date and again as of the Closing Date, as follows: (a) There are no condemnation or eminent do►nain proceedings pending or, to the best of Seller's knowledge, conternplated against the Property or any part thereof, and the Seller has received no notice of the desire of any public authority to take or use the Property or any part thereof. (b) There are no legal actions, suits, or other legal or administrative proceedings pending or, to the best of Seller's knowledge, threated against seller or any part of the Property, which do or could (i) affect title to the Property or any part thereof; (ii) prohibit or make unlawful the consummation of the transaction contemplated by this Agree►Hent, or render Seller unable to consummate the same; or (iii) would have a material adverse effect on the Property, Buyer's ability to develop the Property for Buyer's Intended Use, or Buyer's ability to sell any residential units once constructed. (c) The Seller has full power and authority, and all necessary governmental actions on behalf of Seller have been taken, to exeCLIte and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement, to perforin all obligations arising under this Agreement, and to complete tire transfer of the Property contemplated by this Agreement. This Agreement has been duly executed and delivered by the Seller and constitutes a valid, binding and enforceable obligation of the Seller, subject to bankruptcy and other debtor relief laws and principals of equity. (d) Seller is not, and will not be, a person or entity with whom Buyer is restricted from doing business with under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (commonly known as the "USA Patriot Act") and Executive Order Number- 13224 on Terrorism Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, "Anti-Terrorism Laws"), including without limitation persons and entities named on the Office of Foreign Asset Control Specially Designated Nationals and Blocked Persons List. (e) Seller has no notice or actual knowledge of: (i) any pending improvement liens to be made by any governmental authority with respect to the Property, (ii) any violations of zoning ordinances or other governmental regulations with respect to the Property; (iii) any pending or threatened condemnation proceedings with respect to the Property; or (iv) any suit, action, claim or other proceeding which relates to or affects the Property (0 No person or entity has any agreement, commitment, option, right of first refusal, right of first offer, or any other right, option or agreement, whether oral or written, with respect to the purchase of the Property or any portions thereof or any interest therein, other than Buyer, pursuant to this Agreement. Prior to Closing, no portion of the Property or any interest therein shall be alienated, encumbered, conveyed or otherwise transferred by Seller, no►- shall Seller W►TDOCs 10386778 G (00391154.2 306-9905441► 9 ''........ Page 1082 of 1128 enter into any agreement, corn►nitment, option, right of first refusal, or any other right, option or agreement with respect to the purchase of all or any portion of the Property. (g) Seller has not entered into any leases, options or other occupancy agreements, either written or oral, affecting the Property and Seller has exclusive possession of the Property. (h) There are no agreements or contracts entered into by Seller affecting the Property that will be binding on Buyer after Closing. (i) Seller has not made any written or verbal commitments to any governmental authority, utility company, religious body, homeowners' association, or other organization, group or individual, relating to the Property that would impose an obligation upon Buyer to make any contribution or dedications of money or Property or to construct, install or maintain any improvements of a public or private nature on or off the Property, except as may be disclosed in this Agreement. 0) To Seller's knowledge, there are no leases or other possessory rights, oral or written, affecting the Property or any part thereof, and there are no adverse or other parties in possession of the Property, or any part thereof. Between the Effective Date and the Closing Date, Seller will not enter into any leases or other possessory rights, affecting or with respect to the Property, without the prior written consent of Buyer. (k) Seller is not a "foreign person" within the meaning of the United States tax laws, to which reference is made in Internal Revenue Code Paragraph 1445(b)(2). At the Closing, Seller shall deliver to Buyer an affidavit to such effect,which shall also state its tax identification number. (1) Seller has no actual knowledge that any of the Property Documents are inaccurate or incomplete in any material way. (m) Seller has not generated, recycled, reused, sold, stored, handled, transported or disposed of any hazardous Substance on the Property. Seller has not received nor is Seller aware of any written notice from any governmental agency stating that the Property does not cornply with any applicable local, state, federal environmental law, regulation, ordinance or administrative or ,judicial order relating to the generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substance. Seller snakes and shall make no warranty regarding the title to the Property, except as expressly provided in this Agreement and except as to any warranties which will be contained in the instruments to be delivered by Seller at Closing in accordance with this Agreement. Further, Seller makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended Purpose, use, governmental requirements, development potential, utility availability, legal access, econornic feasibility or any other matters whatsoever with respect to the Property. Buyer specifically acknowledges and agrees that Seller shall sell and Buyer shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement or any of the instruments to be delivered by Seller at Closing in accordance with this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, WPBDUGs 10386778 6 (00391154.2306-9905441) 10 Page 1083 of 1128 officers, or employees, as to any matters concerning the Property including,without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving tlae Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability,,or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Substances or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. Each of the foregoing representations and warranties is true and correct as of tre Effective Date, and will be true and correct as of the Closing Date, and shall survive the dosing for a period of six(6) months. 11.. Covenants of Seller. Seller hereby covenants with file Buyer that between the date of this Agreement and tlae Closing: (a) Seller will not, without the Buyer's prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the terra "encumbrances" shall paean any liens, claims, options, mortgages or other encumbrances, encroachments, rights- of-way, leases, easements, covenants, conditions or restrictions. Furthermore, Seller shall not market the Property or enter into any contracts, letters of intent, agreements, commitments, options, rights of first refusal, rights of first offer, or any other rights, options or agreements to sell the Property or any portion thereof. (b) Seller will not file any application for any change of the present zoning classification of the Property unless such change is requested by the Buyer in writing or called for by this Agreement to allow the Property to be developed with the Project. Seller will cooperate fully with the Buyer by executing consents, applications and other such documents reasonably requested by the Buyer in connection with its efforts in developing the Property to a condition such that building may commence. (c) Upon Seller's receipt of actual knowledge thereof, Seller shall promptly notify Buyer of any material change in any condition with respect to tine Property or of any event or, circumstance which makes any representation or warranty of Seiler under this Agreement materially untrue or of any covenant of Seller under this Agreement which Seller will be incapable of performing. (d) Seller shall not enter into any Contracts or other agreement affecting tine Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after wPBDOCs 10386774 6 144391154,2346-4445441) 11 !. Page 1084 of 1128 Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (c) In the event: that Seller receives or is served, prior to Closing, with any notices from any governmental or quasi-governmental body or agency or from any person or entity with respect thereto, Seller will promptly comply with them at Seller's expense. (f) Seller shall comply with all laws, rules, regulations, and ordinances of all governmental authorities having jurisdiction over the Property. (g) Seller shall not enter into any lease, tenancy agreement or occupancy agreement or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (h) Seller shall maintain the Property in at least the same general condition as the Property is currently maintained by Seller and Seller shall maintain its current insurance coverages for the Property. (i) So long as Seller is not required to incur any cost or expense with regard thereto (except as is otherwise required pursuant to the terrrrs of this Agreement, including, without limitation the requirements of Section 3 hereof), Seller shall cooperate with Buyer in performing its due diligence with respect to the Property and in seeping any and all consents, permits or approvals regarding the Property as Buyer may request, and Seller shall promptly join in all applications for building permits, certificates or other agreements, and permits for sewer, water, or other utility services, other instruments or other permits or approvals, the granting of or entry into which, by any governmental or quasi governmental authority having jurisdiction over the Property, is, in Buyer's reasonable opinion, necessary to permit the development, construction, use or occupancy of the Property for the Buyer's Intended Use without violating applicable law. 12. Buyer's Representations. Buyer hereby represents and warrants to Seller, as of the Effective Date and again as of the Closing Date, as follows; (a) Buyer has hill power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the Buyer do not and will not violate the corporate or organizational documents of Buyer and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the Buyer is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon Buyer in accordance with its terms and conditions. W13DOCS 10386778 6 {00391154.2 306-9905441.1 12 Page 1085 of 1128 All of the representations, warranties and covenants of Buyer contained in this Agreement shall be true and correct in all material respects and not in default at the time of Closing,just as though they were ►Wade at such ti►ne. 13. Real Estate Commissions. Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. Buyer and Seller do mutually agree to inde►unify and hold harmless the other party from and against and any all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which either Buyer or Seller shall ever suffer or incur because of any claim by any agent, broker or finder clai►ping by, through, or under the indemnifying party, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated herein. The terms of this Section shall survive Closing or the earlier termination of this Agreement until the expiration of all statute of limitations periods applicable to any such claims. 14. Risk of Loss and Condemnation. Seller shall bear risk of loss with respect to the Prope►qty until the Closing has occurred. In the event of the institution against the record owner of the Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a proposed taking of any portion of the Property by e►ninent domain, condemnation or otherwise or if Seller shall receive any notice or knowledge that any agency or entity having the power of eminent domain is contemplating or is seeking the taking or condemnation of the Property, or any part thereof, or any interest therein (which in Buyer's sole opinion materially impairs Buyer's ability to use the Property for Buye►'s Intended Use), prior to Closing, or in the event of the taking of any portion of the by eminent domain, condemnation or otherwise, prior to Closing, then the Seller shall notify the Buyer promptly and the Buyer shall have the option, in its sole and absolute discretion of either (a) terminating this Agreement and obtaining a fill refund of the Escrow Deposit and interest thereon; or(b) closing in accordance with the terms of this Agreement, but at Closing the Seller shall assign to the Buyer all of its right,title and interest in and to any net awards that have been or may be made with respect to such eminent domain proceeding or condemnation, or give Buyer a credit against the Purchase Price equal to the allocable portion of such award or settlement if it has previously been received by Seller. Such election must be ►:Wade by the Buyer within thirty (30) days of the notice furnished by Seller. If Buyer fails to make an election in writing, it shall be deemed to have elected alternative (a). IS. Default. (a) If Buyer fails to materially perform or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Buyer hereunder and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Seller to Buyer (or in the case of a default which cannot be cured in thirty (30) days, Buyer has failed to commence curing the default within such thirty (30) day period), then, as Seller's sole remedy, the Escrow Deposit shall be delivered by the Escrow Agent to the Seller (and Seller shall retain all City Deposits) as liquidated and agreed upon damages, provided,that, Buyer shall not be afforded any cure period if Buyer if fails to timely complete its purchase of the Property on the Closing Date. The parties agree and stipulate that as of the Effective Date, the exact amount of damages to Seller on account of Buyer's breach of this Agreement would be wPRDOCs 10386778 6 (94391154.2 306-9965447.) 13 '......... Page 1086 of 1128 extremely difficult to ascertain and that the Deposit constitutes a reasonable and fair approximation of such darnages and is not a penalty. (b) If Seller fails to materially perform or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Seller hereunder, and such failure to perform or observe is not cured within thirty (30) days after written notice thereof from Buyer to Seller (except for Seller's failure to timely complete its sale of the Property on the Closing Date, for which no notice or cure period shall be afforded and shall immediately constitute a default), then Buyer's sole and exclusive remedy our account of Seller's default shall be to terminate this Agreement and thereupon (a) receive a return of the Escrow Deposit (together with all interest earned thereon) from the Escrow Agent and (b) receive a return of the City Deposits frorn Seller, as well as receive from Seller payment of Buyer Costs (as defined herein) not to exceed $100,000.00. "Buyer Casts" shall mean all actual out-of-pocket, third party costs incurred by Buyer with regard to this transaction, including, without limitation, its costs incurred in conducting its due diligence studies, examinations, surveys, environmental, and other exams of the Property, consultant and engineering costs, attorneys' fees, and any and all other expenses incurred by Buyer in pursuing the Entitlements and other development approvals for the Property. Buyer's Costs shall be evidenced by statements submitted to Seller and Seller's attorney and such other reasonable information requested by Seller and Seller's attorney. Nothing contained herein shall limit any of Seller's indemnification obligations that are specifically provided to survive termination of this Agreement and/or Closing. 16. Escrow. Any Escrow Agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse the same subject to clearance thereof in accordance with terms and conditions of this Agreement but only with the joint instructions of Buyer and Seller. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to its duties or liabilities tinder the provisions of this Agreement, the Escrow Agent may, in its sole discretion, continue to hold the monies which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of court of competent jurisdiction shall determine the rights of tile parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Palin Beach County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court cost in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whornsoever.for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent.. Seller acknowledges that Escrow Agent has been retained as counsel for the Buyer in this matter and other transactions and agrees that Escrow Agent may continue to represent Buyer in this matter and any and all present and future transactions. wEBDOCS 10386778 5 100341154.2 306-9905441] 1,1.`t ''....... Page 1087 of 1128 17. Entire Agreement. This,Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns. 19. Waiver, Modification. Tile failure by the Buyer or Seller to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of the Buyer's right to insist upon strict compliance Nvith the terms of this Agreement, Either party may waive the benefit of any provision or condition for its benefit which is contained in this .Agreement. No waiver of any breach of this .Agreement shall be held to constitute a waiver of any other or subsequent breach. No oral modification of this Agreement shall be binding upon the parties and any modification must be in writing and signed by the pal-ties. 20. Governing Law, Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Palm Beach County, Florida. 21. Headings. The paragraph headings as set forth in this Agreement are for convenience or reference only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope of any paragraph herein. 22. Enforceability. If any provision in this,Agreement shall be held to be excessively bread, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. if any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 23. Notices. Any notice, request, demand, instruction or other communication to be given to either party, except where required by the terms of this Agreement to be delivered at the Closing, shall be in writing and shall be sent as follows: If to Buyer: Pulte I-Iorne Company, LLC Attn: Brent Balser, Division President 4400 PGA Blvd, Suite 700 Palm Beach Gardens, Florida 33410 WPBDOCs 10386778 6 (00391 154.2 306-9905441) 15 ''....... Page 1088 of 1128 E-mail: brent.baker°@PuIteGr•oup.co n With a copy to: Steven R. Larson, Esq. Shutes & Bowen, LLP 525 Okeechobee Blvd., Suite 1100 West Palm. Beach, FL 33401 E-mail: sparson@shutts.com If to Seller: City of Boynton Beach Attn: Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 E-mail: LaVerriereL@bbfl.us With a copy to: Goren, Cherof; Doody&Ezrol, P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale, Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email: ddoody ca gorencherofcom Attn: Donald J. Doody,Esq.. If to Escrow Agent: Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale, Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email: ddoody cr gorencherofcoan Attn: Donald J. Doody,Esq. Any such notice shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered on the date such notice is received by the party to whom it is addressed or such party's agent or representative, (b) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery of such notice, or (c) sent by electronic mail ("Email"), in which case notice shall be deemed delivered upon confirmed transmission of such notice by Ernail. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actually received by the recipient thereof Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. The attorney for a party has the authority to send and receive notices on behalf of such party. 24, Assignment. Neither party shall assign this Agreement without the prior written consent of the other party, which may be withheld in such party's reasonable discretion, except that Buyer may assign its rights under this Agreement with respect to the Property, without Seller's prior consent, to (a) an affiliated entity of Buyer in which Buyer directly or indirectly WPQDOGS 10386778E C 100391154.2 306-99054411 16 ''.... Page 1089 of 1128 has a Majority ownership interest, or (b) a joint venture of Buyer with an unaffiliated development partner, provided, however, a copy of the assignment and assumption agreement shall be delivered to Seller prior to Closing Date, if applicable. 25, Attorneys' Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including reasonable attorneys' fees, incurred in connection with such litigation (including mediation, arbitration, appellate proceedings, and in post judgment collection proceedings) against the non-prevailing party. The terms of this Section shall SUrViVC Closing or the earlier termination of this Agreement. 26. Radon Disclosure. Pursuant to statute, Seller hereby notifies Buyer as follows: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 27. Effective Date. The "Effective Date" of this Agreement shall be the date upon which the last party to sign this Agreement has executed this Agreement. Buyer and Seller shall confirm to each other in writing the date of the Effective Date. Buyer recognizes that though it has negotiated this Agreement with Seller's representatives and has signed it, Seller cannot execute this Agreement until it has fully complied with the provisions of Section 2-56 of the Seller's City Code. If the City Commission of Seller approves this Agreement in accordance with Section 2-56 of the Sellers City Code, then the Effective Date shall be the date upon which Seller executes this Agreement. 28, Thne of the Essence. Time is of the essence with respect to each provision of this Agreement. Provided however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 29 . No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. 30. Counterpart Execution. This Agreement may be executed in two or more counterparts, all of which together shall constitute but one and the same Agreement. To facilitate the execution and delivery hereof, the parties may exchange executed counterparts hereof, or of any amendment hereto, in Portable Document Format(PDF) exchanged via E-mail, which transmission shall be deemed delivery of an original executed counterpart by such party. 31. Recordation. At the election of Buyer, and at Buyer's sole cost, this Agreement or any memorandum, summary, or other evidence hereof may be recorded in any public records prior to the consurnmation of the Closing. 32. Marketing the Property. Seller hereby agrees that as of the Effective Date and provided that this Agreement has not terminated, the Seller may not continue marketing the WPBDOCS 10396778 6 (00391154.2 306-99054411 17 Page 1090 of 1128 Property or the membership interest of the yeller and may not enter into contracts for the sale of the Property or any contracts for the sale of the membership interest of the Seller. 33. Survival. Except as otherwise provided herein, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. 34. Further Assurances. The parties agree to cooperate in good faith to execute and deliver such documents and instruments as are necessary, and/or reasonably requested by the parties, in order to consummate the transactions contemplated by this Agreement. This Section expressly survives tine Closing. 35, JUDY TRIAL WAIVER. SELLER AND BAYER EACH KNOWINGLY, VOLUN'T'ARILY AND INTENTIONALLY WAIVE ANY RIGHT WHICH EITHER OF THEM MAY HAVETO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING BASED [_ PON OR ARISING DIRECTLY, INDIRECTLY OR OTHERWISE IN CONNECTION WITH, OUT OF, RELATED TO OR FROM THIS AGREEMENT INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY COURSE OF CONDUCT, COURSE OF DEALINGS, VERBAL OR WRITTEN STATEMENTS OR ACTS OR OMISSIONS OF EITHER PARTY WHICH IN ANY WAY RELATE TO THIS AGREEMENT. SELLER AND BUYER HAVE SPECIFICALLY DISCUSSED AND NEGOTIATED FOR THIS WAIVER AND UNDERSTANDTHE LEGAL CONSEQUENCES OF IT. 36. Approval by Buyer's Asset Management Committee. The terms and provisions of this Agreement are subject to the review and approval of Buyer's Asset Management Committee (the "AMC"). Buyer will request that the approval by the AMC of the terms and provisions of this Agreement be provided within the Investigation Period, but nothing herein shall be construed as a requirement of Buyer to obtain such approval from the AMC. In the event that the approval of the AMC is not obtained within the Investigation Period, then Buyer shall promptly notify Seller and Escrow Agent of such event within the Investigation Period, in which case this Agreement shall be terminated and both parties shall be released from all further obligations under this Agreement, except for indemnification and other provisions that Survive termination. 37. No Moratoria. In addition to any other conditions to Closing contained in this Agreement, Buyer's obligation to close this transaction shall be conditioned on there being no sewer, water, building, or other moratoria in effect as of the Closing Date which would prevent or interfere with the development of the Property for Buyer's Intended Use and the occupancy of the any residential units by end-users. [Signatures on Next Page] WPBDOCS 10386778 6 pp 100391154.2306-99054411 18 Page 1091 of 1128 The parties have executed this.Agreement as of the day and year last written below. BUYER: PULTE HOME COMPANY,LLC, a Michigan limited liability company ay: _JW&6erm6�� Name: ALIPRfVJ MWA)(�)( Title: VP— �O t Date: , 7- t k ,2020 SELLER: CITY OF BOYNTON BEACH, a Florida Municipal corporation By: Name- _ Title: Date: 12020 wPBDOCS 10386778 b (00391154 2 366-9W5441 y 19 Page 1092 of 1128 ACKNOWLEDGEMENT OF ESCROW AGENT By signing below, the undersigned agrees to act:.as Escrow Agent in accordance with the terns of this Agreement for the transaction contemplated by this Agreement. ESCROW AGENT: GOREN,CHEROF,DOODY &EZROL,P.A., a Florida professional association By: Name: Title: '4 PBI)oCS 10386778 6 �7n 100391154.2 306-4905447) G V Page 1093 of 1128 EXHIBIT"A" Legal Description of the LaIld (SUBJECT TO VERIFICATION BY SURVEY) PARCEL CONTROL NUMBERS: 00-43-45-19-00-000-3010; 00-43-45-19-03-006-0080; 00-43- 45-19-04-006-0260 and 00-43-45-19-040-008-0200 Lots 20-25 and 50-56, inclusive, Black 8 of West Boynton Plat 2-C, as recorded in Plat Book 15, Page 14, of the Public Records ofPalni Beach County, Florida. Together with: Lots 8 through 31, inclusive, Block 6, Lots 8-31, inclusive,Block 7,Lets 8-31, inclusive, Block 8, Dots 8-31, inclusive,Block 9,Lots 8-31, inclusive,Block 10, all of West Boynton Plat 2-13, as recorded in Plat Book 15,Page 13, of the Public Records of Palin Beach County, Florida, Together with: Lots 26-49, inclusive,Block 6,Lots 26-49, inclusive,Block 7,Lots 26-49, inclusive,Block 8,Lots 26-49, inclusive,Block 9,all of West Boynton Plat 2-C, as recorded in Plat Book 15,Page 14,of the Public Records of Pahru Beach County, Florida. Together with: A portion ofOenevra Avenue, Harlowe Avenue, Ivanhoe Avenue,Kitely Avenue,Lothair Avenue and Marlow Avenue lying West of Nickels Blvd. and adjacent to Block 6, 7, 8, 9 and 10,of West Boynton Plat 2-B recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County, Florida. WP)3DOCS 10386778 6 100391154.2 306-9905441) 21 ''....... Page 1094 of 1128 EXHIBIT"B" Farm of Speeial Warranty Deed This Instrument Prepared By: Parcel Control Nos.: 00-43-45-19-00-000-3010;00-43-45-19-03-006-0080; 00-43-45-19-04-006-0260,and 00-43-45-19-040-005-0020 SPECIAL WARRANTY DEED THIS ,SPECIAL WARRANTY DEED, made and entered into as of the day of , 202_, by the CITY OF BOYN`I"ON BEACH, FLORIDA, a Florida municipal corporation, whose address is (hereinafter referred to as "Grantor"), and PULTE HOME COMPANY, LLC, a Michigan limited liability company, whose address is 4400 PGA Blvd, Suite 700, Palm Beach Gardens, Florida 33410 (hereinafter referred to as "Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ( 10.00) and other good and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien., remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all those certain parcels of land lying and being in the County of Palm Beach, State of Florida, as more particularly described in the Exhibit"A" attached hereto and by this reference made a part hereof(the"Property") TOGE'T'HER WITH all the improvements, tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJ-ECT TO taxes for the year 202 , and subsequent years, and applicable zoning ordinances and those matters set forth on Exhibit "B" attached hereto and by this reference trade a part hereof, provided, however, that nothing herein shall be deemed to reitnpose any of such matters. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with Grantee that Grantor, at the time of delivery of this deed, is lawfully seized of the Property in fee simple,that Grantor has good right, full power, and lawful authority to grant, bargain, sell, and convey the same, and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, claiming by, through or under the Grantor, but against no others. wPBDOCs 10386778 6 {00391154 2 3016-9945441) 22 Page 1095 of 1128 IN WITNESS WHERE,OF, the Grantor has caused these presents to be duly executed in its name, as of the date first set forth above. Signed, scaled and delivered GRANTOR: in the presence of. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, By: Printed Name: its Printed Name: STATE OF FLORIDA ss: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of IJ physical presence or Cl online notarization, this _ day of —, 202_, by . as of CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, on behalf of said corporation. She/1-1c is personally known to me or has produced as identification. Printed Name: NOTARY PUBLIC State of Florida at Large (Notarial Seal) My Commission Expires: WPBDOCS 10396778 4 10®391154.23°5-9305441) 23 Page 1096 of 1128 EXHIBIT "C" Form of General Assignment THIS GENERAL ASSIGNMENT (the "Assignment") is made as of this. � day of 202_, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Assignor"), in favor of PULTE HOME COMPANY, LLC, a Michigan limited liability company("Assignee"). WITNESSETH: WHEREAS, Assignor and Assignee are parties to that certain Agreement for Purchase and Sale dated as of (the "Agreement"), which provides, among other things, for the sale by Assignor to Assignee of that certain tract of Property located in Palm Beach County, Florida, as more particularly described on Exhibit "A" attached hereto and made part hereof(the "Property"); and WHEREAS, the Agreement requires Assignor to assign to Assignee all of Assignor's right, title and interest in all hitangible Rights, Development Rights, and Plans (as such terms are defined below) owned by Assignor. THEREFORE, in consideration of the foregoing and the agreements and covenants herein set forth, together with the sa nr of Ten Dollars ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of all of which are hereby acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER unto Assignee, to the extent assignable, all of Assignor's right, title and interest in and to the following (collectively, the "Assigned Properties"): (a) any and all building, zoning and other certificates, licenses, certificates of compliance, prepaid impact fees, impact fee credits or similar charges which service or pertain in any manner to the Property, utility prepayments or reservation fees, consents, building inspection approvals granted by any governmental entity running to the benefit of the Property, Assignor and/or Assignor's predecessors in interest and any covenants, conditions and restrictions, reciprocal easement agreements, access easement agreements and other common or planned development agreements or documents necessary in connection with the Property, and all other intangible right or property relating to the ownership or development of the Property (collectively, the "Intangible Rights"), and (b) all permits, governmental approvals, utility rights and utility capacity, traffic trips, and all other development rights and similar rights related to the Property, whether granted by governmental authorities or private persons, for the development of single-family residential units on the Property (collectively, the "Development Rights"); and (c) to the extent assignable, all plans, specifications, site plans, engineering plans, architectural drawings, architectural renderings and similar items prepared for Assignor related WI BDOCs 103 86778 4 9 [00391"54.2306-9905441} 24 Page 1097 of 1128 to structures, parking facilities, streets, drainage or utility facilities or other improvements that are to be constructed on the Property (collectively, the "Plans"). TO HAVE AND TO HOLD all and singular the Assigned Properties unto Assignee, and Assignee's successors, and assigns forever, and Assignor does hereby warrant and shall forever defend all and singular the Assigned Properties unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawffilly claiming or to claim the same, or any part thereof, by, through or under Assignor. Assignor warrants to Assignee that it holds and has full right and authority to transfer the Assigned Properties to Assignee without the consent of any third party, and that Assignor has not previously assigned or pledged any of the Assigned Properties. Assignor hereby agrees to indemnify and hold harmless Assignee from and against any and all loss, liability, cost, claim, damage or expense incurred to enforce any rights and/or secure any remedies tinder this Assignment resulting by reason of the failure of Assignor to perform its obligations arising under the Assigned Properties prior to date hereof and/or Assignor's failure to perform its obligations under this Assignment. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment may only be modified, altered, amended, or terminated by the written agreement of Assignor and Assignee. If any term, covenant or condition of this Assignment shall be held to be invalid, illegal or unenforceable in any respect, this Assignment shall be construed without such provision. This Assignment shall be governed by and construed under the laws of the state in which the Property is located without regard to principles of conflicts of law. [Signature Page Follows] WPBDOCS 10386778 4 (003411542306-9905441) 25 Page 1098 of 1128 written.IN WITNESS WHEREOF, Assignee has executed this Agreement as of the date below- WITNESSES: ASSIGNOR: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation Printed Name: By: Name: Printed Name: Title: Date: , 202 STATE OF FLORIDA ) ss: COUNTY OF PALM LEACH � The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization, this day of , 202_ by , the CITY OF BOYN`I'ON BEACH, FLORIDA, a Florida municipal corporation. She/He is personally known to axe or produced as identification. Notary Public, State of Florida Name: My Commission Expires: WPBDoCS 10386778 4 (00391154..2306-99654411 26 Page 1099 of 1128 12.A. LEGAL 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No. R20-088-Approval of Settlement Agreement Between the City of Boynton Beach and Eckols '76 LTD and Eckols '86 LTD and authorizing the City Manager or the City Manager's Designee to execute the Settlement Agreement. Explanation of Request: The City of Boynton Beach is the Plaintiff in litigation seeking foreclosure of a City lien on the property located at 1102 N. Federal Highway, Boynton Beach, Florida 33460 ("Subject Property"), owned by Eckols '76 LTD and Eckols '86 LTD. The counsel for Defendant Eckols '76 LTD and Eckols '86 LTD has proposed a settlement offer to the City of Boynton Beach to accept a quitclaim deed for the Subject Property in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent, Norman D. Olson from any or all liability for liens attached to the Subject Property. The City Attorney is requesting authorization from the City Commission to accept the proposed settlement offer by Eckols '76 LTD and Eckols '86 LTD. How will this affect city programs or services? Acquisition of the property by the City will give the City control over maintenance and use. Fiscal Impact: The fiscal impact of accepting the proposed settlement offer is a benefit to the City of Boynton Beach. Pursuant to the Palm Beach County Property Appraiser's website, the market value of the property from year 2019 is $247,947.00. As of August 13, 2020, the total amount owed to the City is$859,734.24. Alternatives: Continue with litigation. The estimated fees and costs of the litigation is $25,000.. Strategic Plan: Strategic Plan Application: Climate Action: Page 1100 of 1128 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Eckols Foreclosure Settlement Agreement D Agreement Eckols Foreclosure Draft Settlement Agreement Pagel 101 of 1128 I RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER OR THE CITY MANAGER'S DESIGNEE TO 6 SIGN A SETTLEMENT AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND ECKOLS '76 LTD AND 8 ECKOLS '86 LTD; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS,the City of Boynton Beach is the Plaintiff in litigation seeking foreclosure of 12 a City lien on the property located at 1102 N. Federal Highway, Boynton Beach, Florida 33460 13 owned by Eckols '76 LTD and Eckols '86 LTD; and 14 WHEREAS, counsel for Defendant Eckols '76 LTD and Eckols '86 LTD has proposed a 15 settlement offer to the City of Boynton Beach to accept a quitclaim deed for the Subject Property 16 in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent, Norman 17 D. Olson from any or all liability for liens attached to the Subject Property; and 18 WHEREAS, acquisition of the property by the City will give the City control over 19 maintenance and use; and 20 WHEREAS,upon recommendation of staff, the City Commission has determined 21 that it is in the best interests of the residents of the City to approve the settlement offer and 22 authorize the City Manager or the City Manager's designee to sign the Settlement 23 Agreement conditioned upon the property being free and clear from all encumbrances as 24 determined by the City Attorney. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing"Whereas" clauses are hereby ratified and confirmed as being 28 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:\CA\RESO\Agreements\Approve Eckols Foreclosure Settlement-Reso.Docx Page 1102 of 1128 29 Section 2. The City Commission hereby approves the settlement offer and authorizes 30 the City Manager to sign a Settlement Agreement to accept a quitclaim deed for the Subject 31 Property in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent, 32 Norman D. Olson from any or all liability for liens attached to the Subject Property, a copy of 33 the Agreement is attached hereto as Exhibit"A". 34 Section 3. The approval is conditioned upon the property being free and clear from 35 all encumbrances as determined by the City Attorney. 36 Section 4. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of August, 2020. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 Mayor— Steven Grant 42 43 Vice Mayor— Ty Penserga 44 45 Commissioner—Justin Katz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Christina L. Romelus 50 51 52 VOTE 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) S:\CA\RESO\Agreements\Approve Eckols Foreclosure Settlement-Reso.Docx Page 1103 of 1128 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CITY OF BOYNTON BEACH, CASE NO: 2019CA015751 Plaintiff, vs. ECKOLS '76, LTD and ECKOLS '86, LTD, and UNKNOWN TENANTS in possession, Defendants. DEED IN LIEU OF FORECLOSURE SETTLEMENT AGREEMENT AND RELEASE This Deed in Lieu of Foreclosure Settlement Agreement and Release ("Settlement Agreement") is entered into between the Plaintiff, CITY OF BOYNTON BEACH, a municipal corporation (`BOYNTON"), and the Defendants, ECKOLS '76, LTD, a and ECKOLS '86, LTD, a (hereinafter, collectively "ECKOLS"). WHEREAS, BOYNTON filed suit against ECKOLS in the Circuit Court of the 15th Judicial Circuit of Florida, Case No. 2019CA015751, alleging violations of various sections of BOYNTON'S code of Ordinances and for foreclosure of Municipal Code Liens and for other relief ("Action") on real property legally described as follows: That part of lots 20, 21, and 22, Block 2, Lake Addition, a Subdivision of the City of Boynton Beach, according to the plat thereof as recorded in Plat Book 11 Page 71, of the Public Records of Palm Beach County, Florida PCN 4 08-43-45-21-32-002-0201 (hereinafter, "Subject Property") WHEREAS, BOYNTON contends ECKOLS violated various sections of BOYNTON'S code of Ordinances beginning in 2007, that the Subject Property was not in compliance with BOYNTON's code of Ordinances, and continues to be in violation of BOYNTON's code of f00393622.1 306-99054341 Page 1104 of 1128 Ordinances; WHEREAS, as a result of the violations of BOYNTON's code of Ordinances, fines were assessed against ECKOLS, and three liens were imposed on the Subject Property; WHEREAS, on 4/15/2016 an Order Imposing Penalties/Lien in Case No: 15-2598 was Recorded in Official Records Book 28231,Page 449, in the Public Records of Palm Beach County, Florida, and said lien has been accruing in the amount of$100.00 per day, and as of December 11, 2019, a lien in the amount of$141,034.12 is owed for the period from February 5, 2016, through December 11, 2019; WHEREAS, on 3/7/2008 an Order Imposing Penalties/Lien in Case No: 07-2084, was Recorded Official Records Book 22491, Page 101, in the Public Records of Palm Beach County, Florida, said lien has been accruing in the amount of $150.00 per day, and as of December 11, 2019, a lien in the amount of$652,084.12 is owed for the period from January 19, 2008, through December 11, 2019; WHEREAS, on 4/26/2019, pursuant to resolution no. 18-166, a lien was assessed against the Subject Property for expenses incurred by Boynton for lot mowing, vegetation removal, and structures boarded up, and said resolution was recorded in Official Records Book 30569, Page 966, of the Public Records of Palm Beach County; Florida, and as of December 11, 2019, a lien in the amount of$556.50 is owed for the period from April 26, 2019, through December 11, 2019; WHEREAS, on October 1, 2019 the City Commission voted to direct and authorize the CITY Attorney's Office to foreclose BOYNTON's liens relating to the Subject Property; WHEREAS, certain disputes and disagreements exist between BOYNTON and ECKOLS (collectively, the "Parties"); WHEREAS, ECKOLS has requested that BOYNTON accept a deed in lieu of foreclosure f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 2 of 21 Page 1105 of 1128 and in lieu of BOYNTON continuing with the Action, and BOYNTON has agreed to do so provided ECKOLS enters into and complies with the terms of this Settlement Agreement; WHEREAS, the Parties to this Settlement Agreement desire to amicably satisfy and resolve the claims, demands, rights and causes of action either party may have against the other party, either asserted in the Action or not asserted in the Action; WHEREAS, BOYNTON and ECKOLS consent to the jurisdiction of this Court over them, their agents, successors and assigns for the purposes of personal jurisdiction and enforcement of this Settlement Agreement; WHEREAS, the Parties have reached an agreement to resolve the Action between them without further litigation; WHEREAS, ECKOLS has filed all tax returns as required by law and there currently are no notices, demands,or pending actions or proceedings regarding unpaid taxes owed by ECKOLS; WHEREAS, ECKOLS represents there are no agreements or other matters which currently affect the property other than accrued fines owed to BOYNTON and liens imposed by BOYNTON; WHEREAS, there are no parties in possession of the Property (or any portions of the Property) other than ECKOLS; WHEREAS, ECKOLS represents it has legal and equitable title to the Property, and there are no options, options to purchase, lease options, rights of first refusal, or rights of any party in the Property other than ECKOLS; WHEREAS, there are no other material facts affecting the Property that have not been disclosed to BOYNTON except as follows: NONE. WHEREAS, BOYNTON represents there are no other charges, fees, fines, or liens on the f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 3 of 21 Page 1106 of 1128 Subject Property or against ECKOLS which are not referenced in this agreement and BOYNTON acknowledges that any and all such charges, fees, fines, or liens owed to BOYNTON or imposed by BOYNTON are being resolved by this agreement. NOW THEREFORE, in consideration of the mutual promises, premises and covenants set forth in this Settlement Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and upon the terms and subject to the conditions and representations contained herein, the Parties agree and covenant as follows: Section 1: Incorporation of Recitals.The Parties expressly incorporate the recitals of this Settlement Agreement as a part hereof, reliance on the representations by BOYNTON being a material portion of this Settlement Agreement such that BOYNTON would not have entered into this Settlement Agreement in the absence of the representation set forth in the Recitals. Section 2: Transfer of the Property. Upon execution of this Settlement Agreement and subject to the representations, warranties and covenants contained in this Settlement Agreement, ECKOLS agrees to convey and BOYNTON agrees to accept the conveyance of the Property in consideration for BOYNTON's covenant not to sue ECKOLS for a deficiency judgment on the Liens or for any fines associated with code violations on the subject property. ECKOLS will execute and deliver to BOYNTON or its nominee or assignee the following documents which will be duly executed, witnessed and acknowledged where required: (a) A Deed in the form attached hereto as Exhibit"B" (the "Deed") conveying title to the Property; (b)A Bill of Sale and Assignment in the form attached hereto as Exhibit"C" (the"Bill of Sale") conveying all interest of the ECKOLS in all personal property that is part of, located on or utilized or existing in connection with the Property and all other tangible and intangible personal property located on or used in connection with the Property (the"Personal Property"); and f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 4 of 21 Page 1107 of 1128 (c) Such other documents and instruments as the BOYNTON may reasonably request in connection with the conveyance of all Property to the BOYNTON. Section 3: Absolute Conveyance. ECKOLS and BOYNTON acknowledge and agree that the conveyance of the Property to the BOYNTON pursuant to the terms of this Agreement is an absolute transfer, an assignment and conveyance of all of the ECKOLS's right, title and interest in and to the Property in fact as well as in form; that the Deed, Bill of Sale and other conveyance documents are not intended as a mortgage, trust conveyance, deed of trust or security interest of any kind; that the consideration for such conveyance is exactly as recited herein and that as of the Effective Date ECKOLS will have no further interest (including rights of redemption, options, claims, equity or otherwise) in or to the Property or any proceeds and profits that may be derived therefrom of any kind whatsoever. Section 4: Attorney's Fees and Costs. Each party shall be responsible for its own attorney's fees and costs incurred; however, in the event it becomes necessary to enforce the terms of this Agreement, the prevailing parry to the enforcement action shall be entitled to recover its reasonable attorneys' fees and costs incurred in any trial court or appellate proceedings. Section 5: Broker's Fees. ECKOLS is not a party to, nor does ECKOLS have any knowledge of, any agreement providing for any fees, commissions or other payments upon sale or transfer of the Property, whether pursuant hereto or otherwise, or upon the extension or renewal of any Lease or under any other circumstances. Section 6: Condition of the Property. Except as is otherwise expressly provided in this Agreement, ECKOLS hereby specifically disclaims any warranty (oral or written) concerning: (i) the nature and condition of the Subject Property and the suitability thereof for any and all activities and uses that BOYNTON elects to conduct thereon; (ii) the manner, construction, condition and f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 5 of 21 Page 1108 of 1128 state of repair or lack of repair of any improvements; (iii) the compliance of the Land and the Improvements or their operation with any laws,rules,ordinances or regulations of any government or other body; and(iv)any other matter whatsoever except as expressly set forth in this Agreement. EXCEPT AS IS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON A STRICTLY"AS IS" "WHERE IS"BASIS AS OF THE CLOSING DATE, AND ECKOLS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED,OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, ANY IMPROVEMENTS LOCATED THEREON OR ANY SOIL CONDITIONS RELATED THERETO, EXCEPT AS EXPRESSLY SET FORTH IN THE DEED SIGNED BY ECKOLS AND DELIVERED TO BOYNTON. Section 7: Effective Date and Closing Documents. For purposes of this Agreement, the term "Effective Date" shall mean the date upon which this Agreement, the Deed and all other related documents are delivered to BOYNTON or its nominee or assignee, which shall be on or before . On the Effective Date, the Borrower shall deliver to BOYNTON, at the offices of Goren, Cherof, Doody & Ezrol,. P.A. at 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 (the "Closing Documents"): (a) The Deed in the form attached as Exhibit"B"; (b) The Bill of Sale in the form attached as Exhibit"C"; (c) Such other documentation as BOYNTON may reasonably request. Section 8: Conditions. (a) BOYNTON's obligations under this Agreement shall be conditioned upon: (1)The continued accuracy of all representations and warranties of the ECKOLS set forth herein; and (2)The performance by the ECKOLS of all obligations required to be performed on or before the Effective Date f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 6 of 21 Page 1109 of 1128 (b) Covenants Prior to Effective Date. From the date hereof to the Effective Date: (1) ECKOLS shall not enter into any leases without the prior written consent of the BOYNTON. ECKOLS shall not enter into any agreements or contracts or modify or extend any existing agreements or contracts with respect to or affecting the Property. (2)BOYNTON shall have the right to enter upon and inspect the Property. (3)ECKOLS shall keep the Property free and clear of all claims, liens, and other encumbrances whatsoever, except Permitted Exceptions. (4)Each party shall take such steps as the other may reasonably require to further the intent of this Agreement. Section 9: Risk of Loss. Risk of loss of the Property shall remain with the ECKOLS until the passage of title on the Effective Date. Section 10: Cooperation. ECKOLS shall execute and deliver, and shall cause to be executed and delivered by their affiliates, and shall do, or cause their affiliates to do, such other acts and things as may be reasonably requested by BOYNTON to carry out the intent of this Agreement. Section 11: General Representations and Warranties. ECKOLS hereby represents and warrants to the BOYNTON that as of the date hereof and as of the Effective Date: (a) Enforceability. This Agreement and each instrument or agreement contemplated hereby and executed and delivered by ECKOLS in connection herewith are, and upon execution and delivery by ECKOLS, the Deed, and all other documents and instruments executed and delivered in connection with the Deed will be, the legal, valid and binding obligations of the ECKOLS, enforceable against ECKOLS in accordance with their respective terms. (b) Effect of Transfer. The transactions contemplated by this Agreement are not made with the intent to,nor will they, hinder, defraud or delay creditors of ECKOLS,nor will they leave ECKOLS with insufficient assets with which to operate its continuing businesses. (c) Taxes. ECKOLS does not owe any sales taxes with respect to Leases of the Property. Section 12: Release by BOYNTON. f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 7 of 21 Page 1110 of 1128 (a) BOYNTON hereby expressly acknowledges receipt of the mutual covenants, promises, agreements and valuable consideration set out in this Settlement Agreement. (b) Upon transfer of the Property and compliance with all representations, warranties, terms and conditions of this Settlement Agreement,BOYNTON forever discharges ECKOLS, and any of his past, present, and future attorneys, agents, servants, representatives, employees, affiliates,partners,predecessors, successors in interest and insurers (hereinafter collectively referred to as "Releasees"), of and from any and all causes of actions, debts, dues, sums of money, accounts,reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, past, present, or future, from any and all claims and potential claims arising out of and/or relating to the Action, and any municipal code enforcement liens, fines, assessments or charges associated with the Subject Property, and for any deficiency arising therefrom. BOYNTON acknowledges that it is its intention that this Release shall be effective as a full accord and satisfaction of, and as a bar to, each and every claim released hereunder. This release on the part of BOYNTON shall be automatically revoked should ECKOLS fail to comply with the terms of this Settlement Agreement,compliance with the terms of this Settlement Agreement by ECKOLS being the consideration for the release by ECKOLS. Section 13: Release by ECKOLS. (a) ECKOLS hereby ,,expressly acknowledges receipt of the mutual covenants, promises, agreements and valuable consideration set out in this Settlement Agreement. (b) Except for the obligations contained herein and in consideration of the mutual covenants, promises, agreements and valuable consideration set out in this Settlement Agreement, ECKOLS completely releases and forever discharges BOYNTON, and any of its past, present, and future attorneys, agents, servants, representatives, employees, affiliates,partners,predecessors, successors in interest and insurers (hereinafter collectively referred to as "Releasees"), of and from any and all causes of actions, debts, dues, sums of money, accounts,reckonings,bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, past, present, or future, known or unknown, whether or not damages have accrued or are ascertainable, in law or in equity, which ECKOLS had, now has, or may have in the future against Releasees, upon or by reason of any matter related to the Action. This release on the part of ECKOLS shall be a fully binding and complete settlement between ECKOLS and Releasees and its respective f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 8 of 21 Page 1111 of 1128 assigns and successors. Section 14:Bankruptcy Matters:Adequate Protection:Waivers.ECKOLS agrees that, ECKOLS has no equity in the collateral, that the ECKOLS has no prospects to reorganize, that ECKOLS has received valuable consideration in the form of a release from deficiency claims on the Loan Instruments, and that any bankruptcy would be for the sole purpose of hindering and delaying the BOYNTON's exercise of remedies, and that in the event of any bankruptcy or other insolvency action by or against the ECKOLS, the BOYNTON will receive adequate protection only by immediate surrender of the Property to the BOYNTON for liquidation and sale. Thus, in the event of the filing of any voluntary or involuntary petition in bankruptcy by or against the ECKOLS (a) the ECKOLS shall neither oppose nor request„any other party to oppose a lifting of the automatic stay provided by Section 362 of the Bankruptcy Code as to the security for the Property or the remedies of BOYNTON under this Settlement Agreement and the ECKOLS agrees to consent to any requested relief from the automatic stay provided by Section 362 of the Bankruptcy Code sought by BOYNTON as to all or any part of the Property,whether now existing or hereinafter acquired or arising; (b) the ECKOLS shall not seek a supplemental stay or other relief, whether injunctiveor otherwise, pursuant to Section 105 of the Bankruptcy Code or any other provision of the Bankruptcy Code to stay, interdict, condition, reduce or inhibit the ability of BOYNTON to enforce any rights it has by virtue of this Agreement, the Loan Documents, or any other rights BOYNTON has, whether now or hereafter acquired against the ECKOLS or the Property; (c) the ECKOLS shall not challenge or attempt to challenge, or have any standing to challenge or attempt to challenge, for its own benefit, any transfer of any or all of the Property for the waiver of deficiency under the Loan Instruments as a fraudulent conveyance under any federal, state or other law, (d) the ECKOLS shall not oppose the appointment of a trustee, examiner or f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CA015751 Page 9 of 21 Page 1112 of 1128 receiver, and to the extent permitted by law will stipulate that any "custodian" (as defined in the Bankruptcy Code) which is in custody, control or possession of the Property, is excused from complying with Section 543 of the Bankruptcy Code; and (e) the ECKOLS agrees that Section 546(b) of the Bankruptcy Code may be utilized to perfect any assignment of rents in favor of the BOYNTON in the Mortgage. Section 15: Survival. The provisions of this Agreement shall survive the conveyance of the Property and delivery of the Deed. Section 16:No Liability.BOYNTON shall not assume or be liable for any payables,debts, liabilities or obligations whatsoever of the ECKOLS except as may be expressly assumed in writing by the BOYNTON and ECKOLS shall indemnify the BOYNTON and their successors and assigns against any such debts, liabilities or obligations (including attorneys' fees and costs incurred in connection therewith, including fees and, costs of appeal) which may be asserted against any such indemnified party as a result of this Agreement or of the transactions contemplated herein. Section 17: Beneficiaries.Nothing herein or in any other part of this Agreement shall be deemed to grant any rights to any third parties other than successors and assignees of the parties. This Agreement shall benefit and bind the ECKOLS and the BOYNTON and their respective heirs, representatives, successors and assigns. The BOYNTON may assign all or any of its rights hereunder to an affiliate, who shall be entitled to take title to the Property and otherwise exercise the BOYNTON's rights hereunder. Section 18: Foreclosure. At the option of the BOYNTON, the ECKOLS shall consent to and raise no objections or defenses to a foreclosure of the Property by the BOYNTON rather than the conveyance described herein if necessary to conclude the settlement contemplated by the terms f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CA015751 Page 10 of 21 Page 1113 of 1128 of this Agreement. Section 19:Joint and Several Obligations.The representations,warranties and covenants of the ECKOLS herein are joint and several. Section 20: Negation of Partnership. The relationship between the ECKOLS and the BOYNTON is that of ECKOLS and creditor.Nothing contained in this Agreement will be deemed to create a partnership or joint venture between the BOYNTON and the ECKOLS, or between the BOYNTON and any other party, or to cause the BOYNTON to be liable or responsible in any way for the actions, liabilities, debts or obligations of the ECKOLS or any other party.2 Section 21: Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Section 22: Governing Law.This Settlement Agreement shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of Florida. Resolution of any dispute arising out of this Settlement Agreement shall be by a court having jurisdiction in Palm Beach County, Florida. Section 23: Miscellaneous Provisions. (a) The Parties further acknowledge and represent that they: (i) have been given an opportunity to retain,and have retained, attorneys of their choice in connection with the execution of this Settlement Agreement; (ii) are fully satisfied with the professional services rendered by their respective attorneys; and(iii)have relied on the advice of their respective attorneys and their own informed judgment in executing this Settlement Agreement. (b) The Parties agree that the provisions of this Settlement Agreement shall inure to the benefit of and shall be binding upon the heirs, executors, administrators, f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 11 of 21 Page 1114 of 1128 successors and assigns of each of the Parties. Except as otherwise expressly provided herein,the Parties agree that this Settlement Agreement shall not and does not create any rights in any third persons. (c) The individuals executing this Settlement Agreement expressly represent and warrant that they are fully authorized to execute such documents, and have not granted to any third parties as of the date of the execution of this Settlement Agreement any of the rights bargained for in this Agreement. (d) Each of the individuals signing this Settlement Agreement hereby expressly warrants that he or she is in full command of his or her physical and mental facilities, and is sui juris in all respects. (e) The Parties further acknowledge and represent that they have reviewed and fully understand this Settlement Agreement, and that they have entered into this Settlement Agreement freely and voluntarily. (f) The Parties agree that this Settlement Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed an original, but all of which counterparts together shall constitute one and the same instrument, and that facsimile signatures may be used in place of original signatures. (g) The Parties agree that if any provision of this Settlement Agreement or the application thereof to any party or circumstance shall to any extent be held invalid or unenforceable,the remainder of this Settlement Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable,shall not be affected thereby and each provision of this Settlement Agreement other than such invalid or unenforceable provision shall be valid and enforceable. (h) The Parties further agree that the section and paragraph headings in this Settlement Agreement are for convenience and reference only, and shall not be deemed to alter or affect the provisions thereof. (i) Where necessary or appropriate to the meaning thereof, the singular and the plural shall be interchangeable and the words of any gender shall include all genders. (j) The Parties agree to the entry of the Agreed Final Judgment by the Circuit Court approving this Settlement Agreement and retaining jurisdiction to enforce its terms. (k) Time is of the essence with regard to this Settlement Agreement and all of its parts. (l) The Parties hereto state that they are not known by any other names or use any aliases except as disclosed herein. t00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 12 of 21 Page 1115 of 1128 Section 24: Entire Agreement. The Parties agree and acknowledge that: (a) This Settlement Agreement constitutes a total and complete integration of the entire understanding and agreement between the Parties hereto; (b) here are no representations, warranties, understandings or agreements between the Parties other than those specifically set forth in writing in this Settlement Agreement; (c) In entering into this Settlement Agreement, none of the Parties has relied on any representation, warranty, understanding, agreement, promise or condition not specifically set forth in writing in this Settlement Agreement; (d) Except as expressly provided in this Settlement Agreement, all prior and/or contemporaneous discussions,negotiations,agreements and writings have been and are terminated and superseded by this Settlement Agreement; and (e) No changes and or additions to this Settlement Agreement shall be valid, enforceable or recognized unless made in a writing and signed by all of the Parties. Section 25: Waiver of Jury Trial. WAIVER OF JURY TRIAL. ECKOLS AND BOYNTON HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LAWSUIT OR LITIGATION RELATING TO, BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION THEREWITH, OR IN THE COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN)OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR BOYNTON TO ENTER INTO THIS AGREEMENT, FAILING WHICH BOYNTON WOULD NOT HAVE ENTERED INTO THIS AGREEMENT f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CA015751 Page 13 of 21 Page 1116 of 1128 [Remainder of this page intentionally left blank] [Signature pages to follow] {00393622.1306-9905434} Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 14 of 21 Page 1117 of 1128 ECKOLS '76, LTD By: Signature Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of 2020, by in their capacity asof ECKOLS '76, LTD, a State of corporation, on behalf of the corporation. NOTARY PUBLIC Personally Known OR Produced Identification Type of Identification Produced {00393622.1306-9905434} Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 15 of 21 Page 1118 of 1128 ECKOLS '86, LTD By: Signature Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of 2020, by in their capacity asof ECKOLS '86, LTD, a State of corporation, on behalf of the corporation. NOTARY PUBLIC Personally Known OR Produced Identification Type of Identification Produced {00393622.1306-9905434} Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 16 of 21 Page 1119 of 1128 CITY OF BOYNTON BEACH By: Signature Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this day of 2020, by , in their capacity as of the CITY OF BOYNTON BEACH, a State of Florida municipal corporation, on behalf of the City. NOTARY PUBLIC Personally Known OR Produced Identification Type of Identification Produced {00393622.1306-9905434} Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 17 of 21 Page 1120 of 1128 EXHIBIT "A" LEGAL DESCRIPTION That part of lots 20, 21, and 22, Block 2, Lake Addition, a Subdivision of the City of Boynton Beach, according to the plat thereof as recorded in Plat Book 11 Page 71, of the Public Records of Palm Beach County, Florida PCN 4 08-43-45-21-32-002-0201 f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CA015751 Page 18 of 21 Page 1121 of 1128 EXHIBIT `B" DEED {00393622.1306-9905434} Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 19 of 21 Page 1122 of 1128 EXHIBIT "C" BILL OF SALE BILL OF SALE KNOW ALL MEN BY THESE PRESENTS,that ECKOLS,of the City of Boynton Beach,County of Palm Beach, and State of Florida,parry of the first part, for and in consideration of the sum of TEN($10.00)DOLLARS, in lawful money(and other good and valuable considerations)to it paid by City of Boynton Beach, County of Palm Beach and State of Florida, parry of the second part, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant,bargain, sell,transfer, set over and deliver unto the parry of the second part, its successors and assigns, all those certain goods described as follows: That part of lots 20, 21, and 22, Block 2, Lake Addition, a Subdivision of the City of Boynton Beach, according to the plat thereof as recorded in Plat Book 11 Page 71, of the Public Records of Palm Beach County,Florida TO HAVE AND TO HOLD the same unto the party of the second part, its successors and assigns forever. And the parry of the first part, for itself, its successors and assigns, hereby covenants to and with the parry of the second part,its successors and assigns,that it is the lawful owner of the said goods; that said goods are free from all liens and encumbrances; that it has good right to sell the same as aforesaid; and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF,the party of the first part has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed by its officer hereunto duly authorized,this day of , 2020. Signed, sealed and delivered ECKOLS '76, LTD, ECKOLS '86 LTD in the presence of- (Witness 1) (Name and Title) (Witness 2) f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 20 of 21 Page 1123 of 1128 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of( ) physical presence or ) online notarization, this day of August, 2020 by (name) , as (title), who ( ) is personally known to me or( )has produced a as identification. NOTARY PUBLIC f00393622.1 306-99054341 Deed in Lieu of Foreclosure Settlement Agreement and Release In The Circuit Court of the 15'Judicial Circuit/Case No. 2019CAO15751 Page 21 of 21 Page 1124 of 1128 13.A. FUTURE AGENDA ITEMS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Mayor Grant requested staff present information on internship programs- 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 1125 of 1128 13.B. FUTURE AGENDA ITEMS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - 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 1126 of 1128 13.C. FUTURE AGENDA ITEMS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Mayor Grant requested a discussion regarding education in Boynton Beach - 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 1127 of 1128 13.D. FUTURE AGENDA ITEMS 8/19/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Discussion on status of Town Square easements and overall project status—September 1, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 1128 of 1128