Loading...
Agenda 09-01-20 The City of Boynton Beach City Commission Agenda Tuesday, September 1 , 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 Page 1 of 431 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 September 1, 2020 or calling (561) 742-6006 and leaving a message on the public comment Page 2 of 431 hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be read into the record. Please note 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 431 1. Openings A. Call to Order - Mayor Steven B. Grant Invocation by Reverend Lynn Jones of St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus 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. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. B. * Tuesday, September 8th at 5:30pm— First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) * Regular Commission Meeting on Tuesday, September 15th, 2020 at 5:30pm (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) * Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve and authorize the acceptance of a FEMA 2020 Assistance to Firefighters Grant to cover the cost of purchasing PPE and related supplies, including reimbursement, to prevent, prepare for, and respond to COVID-19. The total award under the Grant is $151,131.40 ( $137,392.18 Federal Funds and $13,739.22 Boynton Beach Funds). B. Authorize the City Manager to increase PO for Dynalink Communications to $40,000 a year for the remainder of the Dynalink contract. Page 4 of 431 C. 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 September 1, 2020 - "Request for Extensions and/or Piggybacks." D. Approve the emergency purchase order that was issued for a total expenditure of $46,819.00 for fabrication and delivery of MIEX regeneration underdrain laterals and associated equipment for the East Water Treatment Plant. E. Accept the written report to the Commission for purchases over $10,000 for the month of July 2020. F. Proposed Resolution No. R20-089- Approve the Notice of Completion for Fire Station #1 constructed as part of the Town Square Project. G. Proposed Resolution No. 20-090- Approve and authorize the Mayor to sign Amendment to Town Square Redevelopment Phase II Service Agreement for additional consulting services to market and lease the Innovation and Cafe' space in City Hall and the Cafe' space in the Cultural Center. H. Approve minutes from the City Commission meeting on August 19, 2020. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Authorize the purchase of equipment and services for a Hiperwall system from Broadcast Systems in the amount of$165,244.61 utilizing GSA contract GS-07F-173GA. B. Approve Task Order UT-3A-02 with Globaltech in the sum of $141,662.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A executed on August 22, 2018 for the Design of Fluoride Storage and Feed Improvements to the East Water Treatment Plant. 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. 9. City Manager's Report A. Approve contribution of $55,000 to the Education Foundation of Palm Beach County for the purchase of W i-Fi extenders and related equipment to assist Palm Beach County and the School District in providing W i-Fi access to Boynton Beach families/students. Staff recommends utilizing $55,000 from the Community Enrichment Fund account (Christ Fellowship Church donations), leaving a balance of$80,000 in the account. James Gavrilos, Executive Director of the Education Foundation of PBC will present more details of how this contribution, along with a local fund raising campaign in the City to match these dollars, will provide much needed funds to purchase W i-Fi extenders for Boynton Beach residents and students in underserved communities. B. Provide an update on the private development progress for the Town Square project and discuss the letter provided to the City by J KM Developers on potential contract amendments. C. Proposed Resolution No. R20-091 - To adopt a tree planting goal of 3,000 trees per year to achieve 20% tree canopy coverage by 2035, based on recommendations of the attached Boynton Beach Urban Tree Canopy Assessment. 10. Unfinished Business - None 11. New Business Page 5 of 431 A. Proposed Resolution No. R20-092- Authorizing the City to set rates, fees and charges for Water, Wastewater Stormwater, Reuse Water and District Energy Chilled Water for the upcoming FY 20-21 12. Legal A. Proposed Resolution No. R20-093- Approve and authorize the Mayor to sign documents releasing and creating project easements. 13. Future Agenda Items A. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD B. Mayor Grant requested a discussion regarding education in Boynton Beach - TBD C. Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD D. Mayor Grant requested to have a discussion regarding a utilities sustainability program. - TBD E. Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD F. Public Hearing for Conditional Use application (COUS 20-002)for Exotic Mortorworks, to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1st Street- September 15, 2020. G. Public Hearing - Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR) and Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential - September 15, 2020. H. Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development- a new mixed use development in the downtown core- October 6, 2020 (as currently scheduled) I. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 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 6 of 431 1.A. OPENING ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Reverend Lynn Jones of St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus 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 7 of 431 2.A. OTHER 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 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 8 of 431 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Explanation of Request: As part of a nationwide initiative created by Feeding America®, Hunger Action Month takes place throughout September and is designed to raise awareness about the issue of hunger in America. During COVI D, over one million individuals in South Florida- over 340,000 of whom are children - rely on food provided by Feeding South Florida and its network of partner agencies annually. Feeding South Florida distributed over 119 million pounds of food and grocery products in 2020 through its network of 300 nonprofit partner agencies, direct service programs, benefits assistance programs, home meal delivery programs, and more. Feeding America food banks, across the country including Feeding South Florida, will host several events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community. How will this affect city programs or services? This will have no affect on City programs or services. Fiscal Impact: N/A Alternatives: Not proclaim September as Hunger Action Month. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: Page 9 of 431 ATTACHMENTS: Type Description D Proclamation Hunger Action Month Proclamation Page 10 of 431 ---------------------------------------------------------------------------------------------------------------------------------- Prot am at i on WHEREAS, September is Hunger Action Month, an initiative created by Feeding America to help raise awareness about the issue of hunger in the United States and in local communities;and WHEREAS,hunger and poverty are issues of grave concern to the City of Boynton Beach,it is therefore critical we take action to break the cycle of hunger and poverty and address the root causes of hunger;and WHEREAS, the City of Boynton Beach is therefore committed to working with Feeding South Florida, the leading domestic hunger relief organization serving Palm Beach, Broward, Miami-Dade, and Monroe Counties,serving 25%of the state's food insecure population;and WHEREAS, during COVID, over one million individuals in South Florida — over 340,000 of whom are children- rely on food provided by Feeding South Florida and its network of partner agencies annually; and WHEREAS, Feeding South Florida distributed over 119 million pounds of food and grocery products in 2020 through its network of 300 nonprofit partner agencies, direct service programs, benefits assistance programs,home meal delivery programs,and more;and WHEREAS, Feeding America food banks across the country including Feeding South Florida,will host several events throughout September to raise awareness about the issue of hunger and inspire action toward ending in their local community; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of September Two Thousand Twenty as: fIun8�_,r -jetion Month IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the Is'day of September Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk ..,, 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: * Tuesday, September 8th at 5:30pm— First Public Budget Hearing to adopt the Proposed Budget and to adopt the Final Fire Assessment Rate Resolution (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) * Regular Commission Meeting on Tuesday, September 15th, 2020 at 5:30pm (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) * Tuesday, September 22 at 5:30pm - Second Public Budget Hearing to adopt the Final Millage Rate and Final Budget (virtual access via GoTo Webinar; in person at City Hall Community Room, capacity is limited to 10 attendees) 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 12 of 431 5.A. ADMINISTRATIVE 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: How will this affect city programs or services? 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. Fiscal Impact: Non-budgeted No-budgeted None Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Strategic Plan Application: Building Wealth in the Community Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants 09-01-2020 D Attachment Ace Tilton Ratcliff D Addendum Valerie Valcourt D Addendum Frando Patterson D Addendum Abby Murrell Page 13 of 431 Appointments and Applicants for September 01, 2020 Arts Commission I Katz Alt 2 yr term to 12/20 (Tabled 3) Applicant: Ace Tilton Ratcliff Building Board of Adjustments and Appeals III Romelus Alt 2 yr term to 12/21 (Tabled 3) IV Penserga Reg 2 yr term to 12/21 (Tabled 3) Mayor Grant Reg 2 yr term to 12/21 (Tabled 3) Applicants: None Education and Youth Advisory Board 11 Hay Reg 2 yr term to 12/20 III Romelus Reg 2 yr term to 12/21 Applicants: Valerie Valcourt Frando Patterson Abby Murrell Historic Resources Preservation Board IV Penserga Alt 2 yr term to 12/20 (Tabled 3) Mayor Grant Alt 2 yr term to 12/21 (Tabled 2) Applicants: None Library Board 11 Hay Reg 2 yr term to 12/20 (Tabled 3) III Romelus Alt 2 yr term to 12/21 (Tabled 3) IV Penserga Alt 2 yr term to 12/20 (Tabled 3) Applicants: None Page 14 of 431 Cher -Guberman, Catherine From: ace <noreply@123formbuilder.io> Sent: Tuesday,August 25, 2020 10:19 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/25/2020 Name Ace Tilton Ratcliff Phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@stayweirdbekind.com Current occupation or,if retired,prior occupation Self-employed small business owner,writer, artist Education BA 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? If"yes", name of business: Yes, Harper\'s Promise Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If"yes",which board(s)and when? I am currently serving on Boynton Beach\,s Library Advisory Board Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Arts Commission Personal Qualifications I grew up in Boynton Beach. I\'m a freelance writer and artist who is self-employed and makes my living by creating art. I attended Dreyfoos High School of the Arts. I am a current board member. Professional Memberships Boynton Beach Library Board International Association for Animal Hospice and Palliative Care Member Feel free to attach/upload an extra sheet or resume. Page 15 of 431 Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 73.179.30.75(United States)at 2020-08-25 09:18:48 on Chrome 84.0.4147.135 Entry ID:399 Referrer:htt, s://w w. ovn -bea . :Zcard -and- omnr i t e Form Host:jLtjj.5-' 7 rr: c: I r.. r rrn-! , r�rv.µ.ap -p of tmerpt- p&aiicati n 2 Page 16 of 431 Cher .a-Guberman, Catherine From: valerie.valcourt <noreply@123formbuilder.io> Sent: Tuesday, February 04, 2020 7:25 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Dr. Valcourt Resume.docx Today's date 02/04/2020 Name Dr.Valerie Valcourt Phone number 561-293-6591 Address 410 NW 16th Ave Boynton Beach FL 33435 United States Email valerie.valcourt@palmbeachschools.org Current occupation or,if retired, prior Assistant Principal occupation Education Doctor of Education in Educational Leadership Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes",which board(s)and when? Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Page 17 of 431 Personal I am an advocate for the youth. I am currently the Assistant Principal at Poinciana STEM Qualifications Elementary located in the heart of Boynton Beach. I have experience as a classroom teacher, instructional coach,transformation specialist. Professional Memberships Feel free to attach/upload an extra sheet a httris:ZZwww.123formbuilder.comt q load did p 7filgid=d9675bc6fd746a32f7e9bb32e74c7000 resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.203.94.10(United States)at 2020-02-04 19:25:29 on Chrome 79.0.3945.73 Entry ID:374 Referrer:htt s j'jwww.bovntonbeachor��boards-and-committees . Form Host:httfas://www.123formbuilder.com/form-583214/'Advisory Board An ointment-A�.pp ication 2 Page 18 of 431 Dr. Valerie Valcort Professional Statement: I am an educational leader who thoroughly understands the state standards and educational pedagogy. I have the ability to use this knowledge to close achievement gaps and promote college and career readiness. As an educational leader,I aspire to cultivate a strong school culture,promote staff professional development,teamwork, and collaboration.I will intentionally coordinate my efforts to ensure students remain engaged, focused,and in an optimal position to receive the appropriate attention to meet their needs. Education: Lynn University Boca Raton,FL Doctor in Educational Leadership May 2017 Barry University Miami Shores,FL Master's in Educational Leadership December 2012 FELE Exam June 2012 University of North Florida Jacksonville,FL Bachelor of Arts in Elementary Education December 2009 FTCE Exam June 2009 Certifications: Educational Leadership/Principal Certification(All Levels) Marzano Administrator Observation Certification Elementary Education(K-6) ESOL Endorsement Reading Endorsement(In Progress) VITAL Certification Technology: Technology Conference Presenter I-Ready technology program coordinator/Super User Edline Super User Train teachers to use Performance Matters/Unify Train teachers to use Edline Train teachers on how to use ExamView Coach teachers to integrate technology in daily instruction Leadership Experience: Aspiring Leaders Program School Advisory Council Chairperson Principal Leadership Team School-wide Positive Behavior Chairperson Marzano Teacher Leader Academy Grade Chairperson Conducted Instructional Rounds Participated in Instructional Review Tutorial Coordinator/Administrator District Accreditation Liaison Education Experience: South Regional Office (Title I Schools) Boca Raton,FL Transformation Specialist May 2018—Present • Transformation team member of regional superintendent • Collaborate with Principals to improve schools • Transform DA schools • Train new coaches • Collaborate with instructional coaches • Develop action plans,conduct rigor walks and prepare schools for state visits Page 19 of 431 Dr. Valerie Valcourt • Facilitate instructional reviews for South Region"Super 7"portfolio • Led professional development • Facilitate PLCs and common planning with multiple schools • Coach teachers using FCIM in standards-based lesson plan development and effective instructional delivery • Train teachers and administrators how to retrieve and analyze reports from iReady,Performance Matters/Unify, and EDW,then use the data to group students and drive instruction • Mentor teachers • Build teacher capacity of understanding the Florida Standards. • Create lessons and resources to support teachers with the competency of the new standards South Grade Elementary (Title I School) Lake Worth,FL Instructional Coach August 2014—Present • School grade improved from a D to a C • Increased 5'grade math scores from 18%proficiency to 56%proficiency • Increased school FSA math scores in grades 3 -5 by 10%+ • Increased iReady math scores from 7%on grade level in window 1 to 46%on grade level in window 3 • Coach teachers using FCIM in standards-based lesson plan development and effective instructional delivery • Develop Blended Learning Rotational Model using the Pillars of Effective Instruction • Led and facilitated PLCs and Common Planning for grades K-5 • Train/coach teachers how to implement iReady in daily instruction • Train teachers how to pull reports from iReady,Performance Matters/Unify,and EDW,then use the data to group students and drive instruction • Mentor teachers • Build teacher capacity of understanding the Florida Standards. • Create lessons and resources to support teachers with the competency of the new standards • Conducted Marzano Peer Observations • Responsible for coordinating assessments • Monitor data through Performance Matters/Unify,EDW, iReady, and district assessments • Conducted data analysis to drive decision-making • Train teachers how to use data to group students and drive instruction. • Conducted/facilitated Professional Learning Communities • WIDA Trained • Test coordinator • Coordinated multiple school events and functions to increase family involvement • Assisted with the development of the School Improvement Plan Lantana Elementary(Title I School) Lantana,FL Teacher, Grade 3 February 2010—August 2014 • Increased math scores for third grade(80%Proficiency) • Integrated technology in daily instruction • Mentor new teachers • Mentor students Page 20 of 431 Dr. Valerie Valcourt • Standards based instruction • Applied cooperative and differentiated learning strategies for all students • Implement behavioral expectations using CHAMPS • Homegrown Summer Literacy Institute • Provide effective communication with parents,teachers, students and the community. • Encouraged increased parent involvement • Established multiple business partnerships • Assisted with the development of the School Improvement Plan • Lead teacher for Saturday tutorial • iii support for third grade students below grade level in reading School Activities: Safety Patrol Sponsor Yearbook Sponsor Student Club Sponsor Talent Show Coordinator Honors &Awards: Dean's List National Honor Society of Leadership& Success Related Experience: Christa McAuliffe Middle School,Boynton Beach,Fl. October 2009-June 2012 John I Leonard High School, Lake Worth Fl. Summer 2013 Work Experience: Health Link,Biological Laboratory Technician, Jacksonville,FL.August 2007-August 2009 MaxRave,Assistant Manager,Jacksonville,FL, October 2007-October 2008 Guthries Restaurant, Shift Manger,Jacksonville,FL,June 2006—August 2007 Volunteer Experience: Christ Fellowship Church,Boynton Beach,FL.January 2015 -Present Girls Scouts of Southeast Florida,West Palm Beach,FL.March 2016-Present GEMS Enrichment Center,Boynton Beach FL.,January 2015—Present Medicana Nursing Home&Rehab Center,Lake Worth,FL August 2011-July 2014 Azalea Nursing Home&Rehab Center,West Palm Beach FL. October 2009 -August 2013 Winner's Church,West Palm Beach,FL.June 2009—August 2012 Skills: Microsoft Office Unify/Performance Matters/EDW Prezi Google iObservation Languages: English Haitian/Creole References: Dr.Ian Saltzman, South Region Superintendent, School District of Palm Beach County Dr.Ana Arce,Principal, South Grade Elementary, School District of Palm Beach County Jeff Pegg,Instructional Superintendent, School District of Palm Beach County Howard Hepburn,Instructional Superintendent, School District of Palm Beach County Jamie Wyatt,Instructional Superintendent, School District of Palm Beach County Page 21 of 431 , 1q ► Cher Guberman, Catherine From: pamfran <noreply@123formbuilder.io> Sent: Tuesday, March 10, 2020 10:06 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/10/2020 Name Frando Patterson Phone number 615-596-2143 Address 604 NW 25th Ave Boynton Beach Florida 33426 United States Email pamfran@bellsouth.net Current occupation or, if Director of Testing and Evaluation retired,prior occupation Education Master Degree Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications I work for Florida Atlantic University as the Director of Testing and Test Prep and have a great interest on work we can do for the students in our community. I am a retire master SGT with 31 years in the military and my primary duties was with education and training. I think I can bring a lot of real life experience to this board Professional Memberships Council Member Florida Association of College Test Administrators Page 22 of 431 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 131.91.7.200(United States)at 2020-03-10 09:05:32 on Chrome 80.0.3987.132 Entry ID:382 Referrer:htt Form Host: r)s;ll/w,�,iw. 23for:yib ild ,i m p r' a AL.a�o: :nei": F,)r,)Iication 2 Page 23 of 431 Cher -Guberman, Catherine From: abbydora <noreply@123formbuilder.io> Sent: Friday, May 08, 2020 2:33 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 05/08/2020 Name Abby Murrell Phone number 954-675-1303 Address 1112 SW 1st st Boynton Beach FI 33435 United States Email abbydora@gmail.com Current occupation or, if parks n recreation supervisor retired,prior occupation Education BA Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City Yes board in the past? If"yes",which board(s)and Boards in Delray when? Recreation Boards Not For Profit Boards PBC Criminal Justice Task Force Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications 35 years experience in Government Professional Memberships Florida Parks and Recreation Certified Professional Pickleball Ambassador 1 Page 24 of 431 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 73.179.31.18(United States)at 2020-05-08 13:33:03 on Whone 13.0.5 Entry ID:388 Referrer:h.` E....? I iynton- each o[g b(.riar -d nrI omrnjttees Form Host: t j'vu a t r r n ,�1 , r rr�;fr rrrr° .: r r b r :-Board- n :r�.�r nri -Al-,) 71icado : 2 Page 25 of 431 6.A. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Approve and authorize the acceptance of a FEMA 2020 Assistance to Firefighters Grant to cover the cost of purchasing PPE and related supplies, including reimbursement, to prevent, prepare for, and respond to COVID-19. The total award under the Grant is $151,131.40 $137,392.18 Federal Funds and $13,739.22 Boynton Beach Funds). Explanation of Request: Acceptance of the total award under the Grant is $151,131.40 ( $137,392.18 Federal Funds and $13,739.22 Boynton Beach Funds). This grant includes purchases of COVID-19 related PPE from January 1, 2020 through August 17, 2021. This grant award must be accepted by September 11, 2020. How will this affect city programs or services? Acceptance of this grant will allow the City to continue to purchase and supply COVI D-19 related PPE to our first responders, employees and the general public in order to reduce the spread of the virus in our community and surrounding jurisdictions. Fiscal Impact: Budgeted There will be no financial impact to any programs beyond what has already been spent for this type of PPE. This is due to the grant covering PPE that was already purchased between now and January 1, 2020. Alternatives: Not accepting this grant would require the city to expend funds from the general fund budget to cover the cost of any future PPE purchases related to COVI D-19. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Budget dollar savings of$137,739.22. Climate Action: No Climate Action Discussion: N/A Is this a grant? Yes Grant Amount: Total $151,131.40 ($137,392.18 Federal Funds, $13,739.22 Boynton Beach Funds) Page 26 of 431 ATTACHMENTS: Type Description D Other Grant Award Packet Page 27 of 431 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Matt Petty �% T BOYNTON BEACH, CITY OFFEMA PO BOX 310 BOYNTON BEACH, FL 33425 EMW-2020-FG-01239 Dear Matt Petty, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) has been approved in the amount of$137,392.18 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0%of the Federal funds awarded, or$13,739.22 for a total approved budget of$151,131.40. Please see the FY 2020 AFG-S Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo- included in this document • Agreement Articles- included in this document • Obligating Document- included in this document • FY 2020 AFG-S Notice of Funding Opportunity(NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Z Christopher Logan Acting Assistant Administrator Grant Programs Directorate Page 28 of 431 Summary Award Memo Program: Fiscal Year 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental Recipient: BOYNTON BEACH, CITY OF DUNS number: 072247133 Award number: EMW-2020-FG-01239 Summary description of award The purpose of the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S) is to provide funds for the purchase of PPE and related supplies, including reimbursements, to prevent, prepare for, and respond to coronavirus. After careful consideration, FEMA has determined that the recipients project or projects submitted as part of the recipients application and detailed in the project narrative as well as the request details section of the application - including budget information-was consistent with the Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG-S)'s purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Assistance to Firefighters Grant Program - COVID-19 Supplemental (AFG- S) funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): Page 29 of 431 Object Class Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $151,131.40 Contractual $0.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $137,392.18 Non-federal $13,739.22 Total $151,131.40 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the AFG-S NOFO. Approved request details: Personal Protective Equipment (PPE) Page 30 of 431 Supplies DESCRIPTION Twin quarter turn adapter assembly for 3M Scott SCBA mask which will connect to the existing SCBA mask, and convert the mask into a full face mask with filter(filters purchased separately) QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 200 $46.75 $9,350.00 Supplies Supplies DESCRIPTION This is the filter that connects to the adapter to provide the respiratory filtration and protection. MPC P100 120 cc filter(pair), $27.05 each QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 1,000 $27.05 $27,050.00 Supplies Surgical Type Face Masks DESCRIPTION Masks- N95, KN95, Surgical Masks for firefighters while on duty. QUANTITY UNIT PRICE TOTAL BUDGET CLASS Cost 1 24,780 $4.63 $114,731.40 Supplies Page 31 of 431 Agreement Articles Program: Fiscal Year 2020 Assistance to Firefighters Grant Program- COVID-19 Supplemental Recipient: BOYNTON BEACH, CITY OF DUNS number: 072247133 Award number: EMW-2020-FG-01239 Table of contents Page 32 of 431 Article Assurances, Administrative Requirements, Cost Principles,Representations 1 and Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information (PII) 7 Article Civil Rights Act of 1964— Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug-Free Workplace Regulations 12 Article Duplication of Benefits 13 Article Education Amendments of 1972(Equal Opportunity in Education Act)— Title IX 14 Article Energy Policy and Conservation Act 15 Article False Claims Act and Program Fraud Civil Remedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article Fly America Act of 1974 19 Article Hotel and Motel Fire Safety Act of 1990 20 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 21 Article Lobbying Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations 24 Page 33 of 431 Article Non-supplanting Requirement 25 Article Notice of Funding Opportunity Requirements 26 Article Patents and Intellectual Property Rights 27 Article Procurement of Recovered Materials 28 Article Rehabilitation Act of 1973 29 Article Reporting of Matters Related to Recipient Integrity and Performance 30 Article Reporting Subawards and Executive Compensation 31 Article SAFECOM 32 Article Terrorist Financing 33 Article Trafficking Victims Protection Act of 2000 (TVPA) 34 Article Universal Identifier and System of Award Management (SAM) 35 Article USA Patriot Act of 2001 36 Article Use of DHS Seal, Logo and Flags 37 Article Whistleblower Protection Act 38 Article Acceptance of Post Award Changes 39 Article Prior Approval for Modification of Approved Budget 40 Article Disposition of Equipment Acquired Under the Federal Award 41 Article Environmental Planning and Historic Preservation 42 Page 34 of 431 Article 1 Assurances,Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances- Non- Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30)days of receipt of the Notice of Award or, for State Administering Agencies, thirty(30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2)years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. 6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to Civil RightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Page 35 of 431 Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PI are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PI they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964- Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Page 36 of 431 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4,which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(see 42 U.S.C. §3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual)of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182)of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Page 37 of 431 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) Page 38 of 431 Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department-supported- organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article 25 Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Article 26 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Page 39 of 431 Article 27 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Page 40 of 431 Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 34 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56,which amends 18 U.S.C. §§ 175-175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable)at 10 U.S.0§ 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Page 41 of 431 Article 40 Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%)of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article 42 Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements. Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize Federal funding.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations;and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to the DHS/FEMA website at: https://www.fema.gov/media- library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds.lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass- through entity, if applicable, and DHS/FEMA. Page 42 of 431 Obligating document 1.Agreement No. 2. Amendment 3. Recipient 4. Type of 5. Control No. EMW-2020-FG- No. No. Action WX03218N2020T 01239 N/A 596000282 AWARD 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address BOYNTON BEACH, CITY Grant Programs Directorate FEMA, Financial Services OF 500 C Street, S.W. Branch 3301 QUANTUM BLVD Washington DC, 20528-7000 500 C Street, S.W., Room STE 100 1-866-927-5646 723 BOYNTON BEACH, FL Washington DC, 20742 33426 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone No. Matt Petty 5617426326 Assistance to Firefighters 1-866-274- Grant Program 0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 08/18/2020 to 08/11/2020 OTHER - FEMA COST SHARING 08/17/2021 GO Budget Period 08/18/2020 to 08/17/2021 15. Description of Action a. (Indicate funding data for awards or financial changes) ProgramENo. Accounting Prior Amount Current Cumulative NameData(ACCS Total Awarded Total Non-Federal AbbreviaCode) Award+or()ction Award Commitment 2020-FC- AFG P431GB0 $0.00 $137,392.18$137,392.18$13,739.22 P431-xxxx- 4101-D Totals$0.00 $137,392.181$137,392.181$13,739.22 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 7G C/11 NON DISASTER PROGRAMS! REGIPIENT IC REQUIRED TO 6Ir_`A1 AAII-► RETURN TI IREE (3) GGPIES OF THIS DOGUMENT TO FEMA (See Bleek 7 fer addres* This field is not applicable for digitally signed grant agreements Page 43 of 431 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICAL (Name and Title) DATE Christopher Logan, Acting Assistant Administrator Grant 08/11/2020 Programs Directorate Page 44 of 431 6.B. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Authorize the City Manager to increase PO for Dynalink Communications to $40,000 a year for the remainder of the Dynalink contract. Explanation of Request: On September 6, 2018 the City of Boynton Beach Commission approved a 36-month agreement with Dynalink Communications to provide SIP phone services to City buildings. The original commission agenda item, 9/6/2018 Consent Agenda 6.F., approved Dynalink's quote of$2,245.90 a month ($26,950.80 annually). Usage charges, surcharges, fees, and taxes were not included in the original approval. Communication vendors such as Dynalink, AT&T, Comcast, etc. do not include estimated usage charges, surcharges, fees, and taxes on their quotes. This request is to approve an increase to $40,000 a year for the SIP circuit recurring charges, usage charges, surcharges, fees and taxes. How will this affect city programs or services? Increasing the approved amount of the PO will allow the City to maintain phone services for the remainder of the contract. Fiscal Impact: Budgeted The Dynalink Communications service is budgeted in the FY 2019/2020 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 45 of 431 ATTACHMENTS: Type Description D Attachment Original Agreement and Agenda Item D Agreement Dynalink Agreement Summary Page 46 of 431 6.F. CONSENT AGENDA 9/6/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/6/2018 REQUESTED ACTION BY COMMISSION: Authorize the City Manager to sign a thirty six(36)month agreement with Dynalink Communications for telecommunications services in order to proceed with the relocation of phone services to the temporary City Hall. EXPLANATION OF REQUEST: The City is currently a customer of Windstream for telecommunication services. We utilize one SIP circuit at each of three locations(City Hall,Utilities East,and Fire Station 5)as well as one circuit shared for outbound faxing by all City buildings. As part of our preparation to relocate City Hall, Windstream was contacted to relocate the SIP circuit and fax circuit from the old City Hall to the new/temporary City Hall. For several months (beginning in April),representatives at Windstream passed our request to other departments within their organization,each time not sure who in their organization was responsible for our relocation request.Finally,we solicited proposals from two alternate telecommunication vendors. One telecommunication vendor,Dynalink Communications,provided a proposal that is lower than the existing vendor,Windstream,and guaranteed an expedited installation. Without the expedited installation,the City's construction project would be delayed significantly. In order to proceed with Dynalink scheduling this needed service prior to demolition of the City Hall building,the City Manager has signed the proposal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted This service is currently budgeted. The Dynalink Communications agreement will lower the City's recurring telecommunications service rates by$2,300 per year from$29,249.76 to$26,950.80. ALTERNATIVES: By not proceeding with this vendor's agreement will delay the relocation of the City's telecommunications services,forcing either a delay in the Town Square construction project,or causing a telecommunications service outage(City Hall building demolished while services still exist within). STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description 0 Addendum Dynalink Justification Memo L3 Agreement Dynalink Agreement-Summary Attachment Dynalink Agreement-Terms and Conditions Attachment Windstream Agreement-Temp City Hall Attachment NITEL Agreement Page 47 of 431 0 ITS Memorandum No. 18-012 interoff'ice MEMORANDUM To: Finance From: John McNally, I.T.S. Director Re: Dynalink Communications Agreement Date: August 27, 2018 City Hall departments are vacating the current building in anticipation of upcoming demolition as part of the Town Square project. Our temporary office space requires that telecommunications services be relocated from the existing City Hall building over to the Temporary City Hall building. A request to relocate our existing telecom services was made to our current telecommunications provider (Windstream) with emails sent as early as April, 2018. Since this time, ITS staff sent numerous follow up requests regarding the status and received vague answers and indecision on their part as how this was to be handled —often getting passed off to different divisions within their organization. As the deadline for the City Hall move was getting closer, we decided to seek an alternate to this current telecommunications vendor. We solicited a proposal from Dynalink Communications to replace each of our three (3) SIP circuits and our long distance circuit. Dynalink's proposal was not only lower than our existing service provider's quote, but also guaranteed an expedited installation. When we finally received the proposal from Windstream, we found that they could not guarantee an expedited installation of services, even though they were the cause of the delay. Expedited installation is now a requirement due to the initial delays if we are to meet the current construction schedule. Proposal/Quotes: Vendor Name Price/Proposal per Month Price/Proposal per Year Dynalink Communications $2,245.90 $26,950.80 Winstream Enterprise * $2,437.48 $29,249.76 N itel $4,532.56 $54,390.72 * Windstream's proposal only included the relocation of one SIP circuit and the long distance circuit from City Hall. The recurring fees for the SIP circuit at the two other locations (Utilities and FS5) were added to Windstream's proposal to reflect the total cost of telecommunication services with this vendor. The ITS Department is recommending the selection of Dynalink Communications to provide the City with telecommunications services. It is also the request that the City Manager sign the service agreement with Dynalink Communications in order to proceed with the scheduling of the relocation. The ITS Department will process an agenda item for the September 6th City Commission meeting detailing this agreement for Commission approval. Page 48 of 431 ,a 1 Service Order Agreement and Credit Application L_Ink, GSM II.lrVICATI((DNS AGENT: 7Fh.enly phone--loony Y..wit1 ever hri CUSTOMER INFORMATION COMPANY NAME:CITY OF BOYNTON BEACH FEDERAL TAX ID: SERVICE ADDRESS:3301 QUANTUM BLVD CONTACT NAME: SUITE 101 CONTACT PHONE: MOBILE: BOYNTON BEACH,FL 33426 CONTACT EMAIL BILLING ADDRESS: TECHNICAL CONTACT: PHONE: BILLING CONTACT: PHONE: TAX EXEMPT: ❑',,..NO ❑,.YES(Attach Forms;tax exemption will begin on the date forms are submitted) ENABLE INTERNATIONAL CALLING: ❑NO ❑YES(Claims of calls being fraudulent will not relieve customer from paying) PRODUCTS AND SERVICES PRODUCT TYPE QTY TERM/YRS -. One Time Fees Monthly Fees Per Unit 10neTimeTotal Per Unit Monthly Total PRI WITH 20,000 LOCAL MINUTES 1 3 $0.00 $375.00 $375.00 BLOCK OF 20 DID'S 4 3 0.00 4.00 16.00 3.0 DATA T-1 2 3 0.00 399.99 799.98 SIP PRI 3 3 0.00 149.99 449.97 ADDITONAL SIP DID'S 580 3 0.00 0.35 203.00 DYNAMIC 1.5MB PRI WITH 20,000 LOCAL MINUTES 1 3 0.00 324.99 324.99 120 DID'S 1 3 0.00 25.00 25.00 ADDITIONAL SIP TRUNKS 4 3 0.00 12.99 51.96 0.00 0.00 0.001 0.00 Total 1 $0.001 $2,245.90 COMMENTS THE BOYNTON BEACH SITE IS A RUSH. CUSTOMER TO RECEIVE$.022 PER MINUTE FOR LONG DISTANCEANTRALATA CALLS ***THE ABOVE PRICES DO NOT INCLUDE APPLICABLE TAXES AND SURCHARGES*** By signing below,I confirm that(a)I am authorized by my company to execute this agreement and am bound by the terms and conditions listed at www.dynalink.com/terms-and-conditions(b)Authorize DynaLink to run a credit check and inquire about my eligibility for the service ordered(c)Wireless customers are also bond by the Wireless Terms and Conditions. AUTHORIZED SIGNATURE DATE PRINTED NAME TITLE 1.Agreement:This agreement between the Customer(may also be referred to as"You")and DynaLink,sets forth the legal rights and obligati ons governing the DynaLink offer.This Agreement consists of the SOA,including the following terms and conditions("T&C"),thegeneal Servlcetermsand conditions("Web Terms"),the DynaLink Acceptable Use Policy("AUP"),both setforth at www.dynalink.com/terms-and-conditions,any Schedules,Addendums, Appendices,and Exhibits attached hereto and a pplica ble tariff(collectively,the"Agreement').Some Services offered by DynaLink underthds Agreement are offered pursuantto applicable tariffs,which are filed with applicable regulatory agencies('Tariffed SeMces').Intheevent of a conflict between this Agreement and a tariff,thetariffshall control.Upon cancellation ofany tariff,this Agreement shall control.You acknowledgeand agree the Services e offered"as Is","as available',"without warranties'and that Dyna Linlls obligation to provide the Service(s)Is subject to Its having obtained all of the requisite licenses and consents related thereto."Service Order"shall collectively referto any service order(s),authorization form(s)arorderform(s)that describes and sets forth the pricing forthe Service(s)purchased by Customer from DynaLink. 2.Term:The term of the Agreement shall commence on the Start of Billing Date and shall continue thereafter until the end of term,unless earlier terminated in accordance with this agreement.Unless notified by either party at eastsixty(60)days priarta the end of a term,or a renewal period,of an intend notta renew,the ServiceTerm shall automatically renew in successive 1,2,or 3 yearterms based on the original term.In all circumstances(Even on a Month to Month contract,gran a renewal period),a precise cancellation date Is required,sixty(60)day priarta the actual cancellation date.If the customer chooses to postpone the cancellation date,a new cancellation order,will need to be placed and an additional sixty(60)day noticewith a precise cancellation date will be required.From time to time,Customer may arderaddltianal Service(s)by executinga Service Order.Any additional ServiceOrders agreed by the parties shall be governed by the terms of this Agreement,Including the Terms and Conditions. 3.Billing:Payment;Deposit: A.Billing:Customer Is responsible for the payment of all charges for Services furnished by DynaLink under the Agreement at rtes set forth on the applicable Service Order(s)and,for services provided to Customer,and not Included n a Service Order at DynaLinks then-current standard rtes.Rates for international Services are subject to change on five(5)dal/s noticefrom DynaLink,a nd new rates are automatically effective on the 6th day from the date of such notice.Customer acknowledges that rtes to International Mobile are higher than the standard International rtes. B.Usage Charges:Customer is solely responsible for all usage of the Services,fraudulent or otherwise.Claims of fraudulent usage shall not constitute a valid basis for dispute of an invoice.The parties agree that Customer,shall bear all risk of lass arising from fraudulent or unauthorized use of the Services,will pay all associated casts for which,they will be billed by DynaLink for those fraudulent calls.DynaLink reserves the right,but has no duty,to take any action it deems appropriate to prevent any fraud or abuse in connection with the Services. C.Unlimited Usage:Unlimited calling plans are meant to be used for ordinary person to person calling and faHing.They are not to be used for Telerrarketing,Auto Dialers,Fax Broadcasting,conference bridges,modem paling or any activity that Is meant for excessive use.I o addition,If the customer has more than one trunk group connected to their PBX,It Is not allowed to route all or a portion of outgoing calls to certain destination types,to the lines with undimited usage.If DynaLink Communication deems that It Is being used for one of the above,the cost per minute will be$0.05 outbound domestic calling. Unlimited SI P Trunks or POTS have a cap of 2,000 minutes per trunk and 20,000 minutes,per group of 23 lines.If a location h as less than 23 lines,then the limit is 20,000 minutes for the entire location.For the avoidance of doubt, the above mentioned Is not allowed,even If less than those amounts are used. D.Start of Service:The"Start of Service Date shall be,regard less of whether or not Customer uses the Service.a.Three(3)business days of circuit install.F.The date on which DynaLink notifies Customer that the Service is installed and available for Customer to use.Whichever occurs earlier.Billingfor each Service shall commence on the Start of Service Date("Billing Commencement Date'). E.Service Bakery:Customer agrees to cooperate with DynaLink to accomplish Service activation by providing commercially reasonable access to th e Customer's premises,when DynaLink deems It to be necessary.DynaLink shall not be liable for any damages whatsoever resulting from delays in meeting Service delivery dates requested or specified by Cu stainer,or Inability to provide Services.Customer may not cancel this Agreement If there Is a delay in Installation related to the Services unless such delay Is solely due to DynaLink and such delay Is longer than ninety(90)days beyond the parties agreed Start of Service Date;provided however,in no event may Customer cancel If DynaLink has agreed to constructor Is constructing Communications Facilities to provide Service to Customer. F.MAC and Dispatch Charges:A$45.00 fee will apply for any MAC(Move,Add or Change)order.Dispatch fees for MACor repairs that turn out to be a non DynaLink Issue,will be charged at a rate of$225,00 for the first hour and 9150.00 for each additional hour.The above pricing may vary,depending on the particular situation. (continued on back) r� DYNALINK PropdMary Information Page14 of 431 Term and Conditions(Continued) 11.Limitationon liability:In no event shall DYNALINK,its affiliates,service providers,suppliers or agents be G.Payment Terms:Customer will be invoiced monthly for all amounts due and owing to DYNALINK.All liable to customer or any third party for any indirect,incidental,special,punitive or consequential damages or invoices shall be deemed final and binding unless Customer notifies DYNALINK in writing ofany alleged for any lost or imputed profits or revenues,lost data or cost of procurement of substitute services resulting discrepancies no later than thirty(30)days from the date of such invoice(s). from delays,non-deliveries,mis-deliveries or service interruption,however caused,arising from or related to All payments are due at midnight of the first day of the following month of the invoice date,(An invoice the service(s)or this agreement,regardless of the legal theory under which such liability is asserted,whether generated in December is due on Januaryfirst).The charges and fees under this Agreement are breach of warranty,indemnification,negligence,strict liability or otherwise,and whether liability is asserted in exclusive of any national,state,municipal,or other governmental excise,sales,valueadded and contract,tort or otherwise,and regardless of whether DYNALINK has been advised ofthe possibilityof any such occupational taxes and other fees,surcharges and levies,third party installation charges,all of which liability,loss or damage.The total aggregate liability of DynaLink and its suppliers to customer and/or anythird Customer shall be responsible for and will pay in full.Customer will be deemed to be in default party in connection with this agreement shall be limited to direct damages proven by customer;such direct hereunder if payment is not received by the Due Date and,in addition to its other remedies,DYNALINK damages not to exceed an amount equal to the total net payments received by DynaLink for the affected may charge Customer interest equal up to 1Y%per month on any amount(s)past due. service which gives rise to such liability in the three(3)month period immediately preceding the date in which the claim was filed.The parties acknowledge that the limitations referenced in this Section are material terms H.CreditApproval:The provision of Servlce(s)under this Agreement is contingent upon DYNALINK's to this Agreement.Customer acknowledges that DynaLink has set its prices,and other charges in reliance on initial and continuing credit approval of Customer.At any time during the Agreement Term,DynaLink the foregoing limitations of liability,which form an essential basis of the bargain between the parties. may require a deposit or other acceptable form of security if it reasonablydeems itself insecure with respect to Customers ability to pay.In addition to the termination rights under this Agreement, 12.Notices:Any notice required to be given hereunder shall be in writing and shall be deemed to have been DynaLink may,immediately suspend the Service(s)if Customer fails to complywith these security delivered when(i)email was sent(ii)sent by facsimile,and electronically confirmed,(iii)Delivered via United obligations.Suspension of Service because of Customers failure to comply with the security States mail(registered or certified mail),return receipt requested,with adequate postage affixed,or(iv) requirements is not considered an interruption or outage for the purposes of this Agreement. delivered via a national overnight courier service and addressed to the persons set forth herein.Notice for monetary default may be sent by e-mail,facsimile,or other written format. 4.Compliancewith Lawsand Acceptable Use:Customer agrees that it and its end users will complyat all times with all applicable laws and regulations and will not use the Services in a fraudulent manner or in 13.Miscellaneous:This Agreement contains the entire agreement of the parties hereto with respect to the a manner that exposes DynaLink to legal liability.Customer agrees to be bound by the DynaLink AUP,s matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters. listed on www.dynalink.com/terms-and-conditions. Any modification to the Agreement must be signed by a senior management of DynaLink.Customer may not assign this Agreement or any portion hereof without DynaUnks prior written consent,which consent shall not S.Delivery Method:Dyna Link retains the right to change,increase or decrease from time to time,inits be unreasonably withheld.Any such assignment without Dyna Link s prior written consent shall be void.The discretion and without liabilityto Customer,the methods,processes and/or the suppliers by which parties agree that any dispute arising under this Agreement shall be governed by and construed in accordance DynaLink provides Services to Customer,as well as the right to change,add to or delete Service or with the laws of the State of New York,except for its principals for resolving conflicts of law.The parties agree Service offerings with appropriate notice to Customer. that any disputes arising under this Agreement shall be resolved in arbitration,within the city of New York.All provisions in this Agreement,which by their nature are intended to survive expiration or termination shall 6.Facility Construction:In the event DynaLink is required to construct and/or acquire communication survive any expiration or termination of this Agreement.In the event of a conflict between or among the terms facilities to provide Service to Customer,Customer acknowledges and agrees that DynaLink will incur in this Agreement,the Service Order(s)and any other document made a part hereof,the documents shall significant costs in provisioning Service to Customer.In addition to any other rights and remedies control in the following order:the Service Order with the latest date,the AUP,Web Terms and this Agreement. DynaLink may have,Customer agrees that if Customer cancels,terminates or breaches this Agreement The Web Terms,AUP and tariffs may be modified from time to time at DynaLlnKs discretion or as required by after execution but prior to the Termination Date,the Customer will be required to reimburse DynaLink applicable law.Customer agrees to review such changed items from time to time and be bound by such for all costs DynaLink incurred in constructing and/or acquiring such communication facilities. changes,as they pertain to your particular services.Unless subject to tariffs or the terms of this agreement, DynaLink may not change the rates,fees or charges set forth herein,in the midst of a contractual term without 7.Disclaimers of Warranty:the service(s)are provided'as is'and'as available"and DynaLink makes no customer consent.If customer determines changes to the AUP and/or tariffs will materiallyand detrimentally warranties or representations,whether express,implied or statutory,regarding the services,software affect customers service or rights and are not mandated by law or regulation,customer may provide DynaLink or equipment or any results to be achieved through use of the service(s),software or equipment.This written notice of objection.DynaLink will review such notification and if the parties cannot come to an disclaimer includes,but is not limited to,any warranties of merchantability,quality,fitness for a agreement within thirty(30)days,customer may terminate such service(s)without incurring charges for early particular purpose,non-infringement and title,and all implied warranties arising from a course of termination,provided that customers account is current.if customer uses the services and does not contest dealing,usage,or trade practice.DynaLink specifically disdaimsany responsibility for the accuracyor within five(5)business days,it is deemed that the customer has accepted the terms and conditions mentioned quality of information obtained through its service(s),the use of which is at customers own risk. hereon.The above does not apply,if the modification was required by an applicable law. 8.Default;Termination: 14.Equipment:installed by/for DynaLink for use of the service,including but not limited to equipment,that is A.Termination Liability:Should Customer choose to terminate anyservice offering after the notification billed monthly to the customer is the propertyof DynaLink Communications and must be returned upon of the install date and prior to the expiration of the term.Customer is responsible for payment of the termination of such services.If not returned within five(5)business days,customer will be liable to pay monthly recurring charges("MRCS")as stated in the SOA times the number of months remaining in the DynaLink whatever loss was resulted for the loss of the equipment. contract 15.Equipment Warrantee.Any Customer Premises Equipment('CPE')that is provided to the customer,has a For usage-based Services,Customer shall pay an additional early termination charge that shall be equal one(1)year replacement or repair(at Dyna Link's discretion)warranty,for manufacturer s defects.At to 75%of Customers average monthly usage for the three(3)months prior to the termination month DynaLlnKs discretion,any equipment supplied as replacement equipment for a CPE with manufacturers (or such lesser period if fewer than three(3)months of Service were utilized),times the number of defects may be new,recertified,or refurbished as long as it is equivalent in functionality.Any CPE supplied as a months remaining in the Term ofthe Agreement. replacement CPE will carry the remainder of the one(1)year warranty described above.DynaLink shall have no obligation or liability in connection with(a)any equipment not purchased through DynaLink even though,it was B.Termination priorto notification ofinstall date:Customer if Customer cancels,terminates or breaches configured by DynaLink,its Vendors or Contractors.(b)for any abuse(c)reconfiguration,repair or misuse of this Agreement after execution of the Agreement but prior to notification of install date,Customer shall any equipment by any party other than DynaLink or its Vendors or Contractors.After the initial year,the pay DynaLink as follows.(a)An early termination charge of three(3)months of the anticipated monthly customer shall be liable to pay for replacement equipment including standard wear and tear. recurring charges,(b)All nonrecurring charges.(c)Any charges incurred by DynaLinkto provide Service to Customer. 15.Mobile:End User shall comply with and abide by the terms listed on www.dynalink.com/terms-and- conditions,which may be revised from time to time by DynaLink Communications. C.Default:Except as otherwise required by law or applicable regulation,if,at any time during a term, Additional software,hardware and/or subscription may be required for certain features.Additional charges Customer:(a)fails to payany amount required under this Agreement or any other agreement with and device restrictions may apply for access to corporate email/intranet sites and business DynaLink does not DynaLink when due and such failure continues for ten(10)days;(b)fails to perform any material guarantee coverage.Charges will be based on the location of the site receiving and transmitting the call,not obligation under this Agreement which failure is not remedied within ten(10)days after receipt of the location of the subscriber. written notice from DynaLink(unless a shorter notice period is expressly set forth in the Agreement or Text,picture,video and instant messages must be sent to and/or received from within the DynaLink nationwide notice,in which case the shorter notice period shall apply);(c)becomes Insolvent;or(d)cancels or coverage area.Mobile to Mobile calling applies to direct calls to and from U.S.mobile numbers only.For terminates Service,including any part ofa service offering at anytime before completed ofthe Service coverage information and maps,please visit www.wireless.att.com/coverageviewer. Term or any renewal Term,then DynaLink may elect to pursue one or more of the following courses of Your plan may include the capability to make and receive calls or transmit data while roaming internationally.If action,as applicable:(i)terminate in whole or in part Customer s Service,whereupon Customer shall be you take your phone abroad,(as described in www.dynalink.com/terms-and-conditions)The charges for voice liable and shall pay to DynaLink,at DynaLink sole option,and within ten(10)days of such termination, and data are as listed in http://www.dynalink.com/global-overage.html will apply.Charges apply for incoming O charges set forth in the the termination char applicable Service Order or Web Terms,ora O the cumulative and outgoing calls,calls to VM,even if no message was left.DynaLink in its sole discretion,may block your total of the balance of all monthly charges remaining on this Agreement through the end of the International roaming and calling capability,until eligibility criteria are met.All countries may not be available applicable Service Term(s);plus(z)any charges accrued but unpaid as of the effective date of for roaming.Availability,qualityof coverage and services while roaming are not guaranteed.Substantial termination.In addition customer is liable to pay any legal fees associated with the collection of the charges may be incurred if Device is taken out of the U.S.even if no services are intentionally used. above amount. Third-party content or service providers may impose additional charges,of which DynaLink has no control over All of the preceding shall be immediately due and payable by Customer.Termination by DynaLink,shall its content or pricing. not preclude DynaLink from pursuing any other rights or remedies available to it at law or in equity. Dyna Link is not responsible for loss or disclosure of any sensitive Information you transmit.DynaLlnKs wireless Customer acknowledges that the amounts payable pursuant to this Section are equitable compensation services are not equivalent to landline Internet. to DynaLink and are intended to reasonably compensate DynaLink for the losses which are occasioned Mobile wireless deployments. by Customers failure to honor Customers obligations hereunder and not intended as a penalty. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE.WE CANNOT ASSURE YOU THAT IF YOU PLACE A911 CALL YOU WILL BE FOUND.AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, 9.Indemnification:Customer shall indemnify,defend and hold DynaLink its affiliates,officers,directors, INCLUDING INVOLUNTARILY TERMINATED CALLS.DYNALINK COMMUNICATIONS MAKES NO WARRANTY, licensees,licensers,and vendors harmless from any and all claims,losses,damages and expenses, EXPRESS OR IMPLIED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,SUITABILITY, Including,without limitation,reasonable attorney's fees and court costs,or liabilities arising from or ACCURACY,SECURITY,OR PERFORMANCE REGARDING ANY SERVICES,SOFTWARE OR GOODS. related to:(i)Service Misuse or a violation of any other provision of this Agreement;(n)any claim of Certain type of data sessions are prohibited,for example:IS server devices or host computer applications;(ii) infringement of any intellectual property or other proprietary interest resulting from the possession or "auto-responders,or similar routines which generate excessive amounts of net traffic,or which disrupt other use of any Service(s),software or equipment;(m)the Content;(iv)any acts or omissions of Customer,its users,(iii)"spam"or unsolicited email(s)any activity that adversely affects the ability other people or systems. employees,agents,contractors,invitees,licensees,visitors,and/or customer/end-users;and/or(v)any DynaLink reserves the right to deny,disconnect,modify and/or terminate Service,without notice,to anyone it injury or damage to the person,property,or business of DynaLink,its employees,agents,contractors, believes is using the Service in any manner prohibited. invitees,licensees,visitors,and/or customer(s)1end-user(s). DynaLink does not guarantee delivery of messages.Text,Instant,Picture,and Video messages,including downloaded content,not delivered within 7 days will be deleted,which time period,may be changed. 10.Severability/Waiver.:In the event any portion of this Agreement is held to be unenforceable,the When a Single message sent to multiple recipients,it will be charged per recipient received and sent. unenforceable portion shall be construed in accordance with applicable law as nearly as possible to Installation of fixed wireless deployment in an offnet area is prohibited. reflect the original intentions of the parties,and the remainder of the provisions shall remain in full Unlimited voice Services are provided primarily for live dialog between two individuals,other uses are force and effect.DynaLlnk's failureto Insist upon or to enforce strict performance of any provision of prohibited.Use of unlimited voice Services for conference calling or call forwarding in excess of 750 minutes this Agreement shall not be construed as a waiver of this or any other provision or right.Neither the per month is prohibited. course of conduct between parties nor trade practice shall act to modify any provision of this If service is discontinued on financed equipment or if the equipment is returned,the full amount of the DYNALINK Proprietary Information Page 2 of 2 Page 50 of 431 f�1� Lits (�St RFQ#2514962199 ni Telecom Service Quote For Prepared and Presented by Michael Scharf Rob Bauman City of Boynton Beach Office:(561)515-0060 Office:5616658458 Email:rbauman@texium.com 3301 QUANTUM BLVD,101,BOYNTON BEACH,FL,33426 Email:mscharf@texium.com SIP-PRI Trunks&Internet Location Name/Service Location 51P-PRI-DID's Access bandwidth Port(Mbps) Term Monthly($) Install($) Loc 13301QUANTUM BLVD,101,BOYNTON BEACH,FL,33426 50 SIP-110 DID 3M 11,11 3 36 1,639.19 890.00 Loc 13301 QUANTUM BLVD,101,BOYNTON BEACH,FL,33426 23 CH PRI-80 DID DS-1 1.5 36 821.84 221.00 Utilities Admin 124 E WOOLBRIGHT RD,BOYNTON BEACH,FL,33435 23 SIP-120 DID DS-1 1.5 36 841.84 251.00 Fire Station#5 2080 HIGH RIDGE RD,BOYNTON BEACH,FL,33426 50 SIP-140 DID 3M FastE 3 36 1,229.69 955.00 Comments Enhanced Trunk-Call path with unlimited Inbound allingand unlimited outbound callingto local callingarea.Outbound umge for calls outside the local callingarea to the continental U.S.,Al-,Hawaii,and Canada for$0.008/min.Outbound calls to EMended or International use ate ded:. "All pri,mg is subject to final confirmation at time of order. "Pridngvalid for 30 days and subject to capacity and vendoravailability. "P S­ /29 LAN BLOCK(,IP addresses)by d&-It.LaB or additional LAN BLOC Ks will be 1-Bed as follows'. /29=8 P addresses tree /28=16 P adaresses$25 MRc /27-32 P addresses$35 MRC /26=64 P addresses$50 MRC /25=128 P addresses$80 MRC /24=256 1 P addresses=1 Class C$150 MRC This propose l contains confidential and proprietaryinformation. Page 51 of 431 DocuSign Envelope ID: E5423651-1BE2-4AB0-9D35-92E2B28E03F3 WINDSTREAM ENTERPRISE Amendment to Agreement (Existing Service Location) This amendment("Amendment") is made as of this 14th day of August,2018, to the Service Agreement(the "Agreement"), by and between City of Boynton Beach("Customer")and the Windstream legal entit(ies) providing the Services to Customer, as identified on Customer's bill ("Windstream"). A Windstream and Customer hereby agree to amend the Agreement to: [check all that apply]. i Relocate the Service location from 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH FL,334353838 to 3301 QUANTUM BLVD, BOYNTON BEACH FL, 33426-8668. There will be a one time non-recurring charge to Customer to relocate the facility(ies)and/or service(s) in connection with this relocation in the amount of$ ii ❑ Modify the Minimum Monthly Fee from to effective as of the first full billing cycle following installation/disconnection of the changed Service(s). iii a Modify the Term of the Agreement to end as of B. Attachment A to this Amendment, Quote# 1643443 which is incorporated by reference, sets forth the rates and other terms and conditions to apply to the additional facilities and/or Services ordered hereunder. C. Except as modified by this Amendment, the terms and conditions set forth in the Agreement remain unchanged. D. This document may only be used for moves, adds, or changes. Under no circumstances, may Customer receive a credit of any kind through execution of this document. IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed by their duly authorized representa-tive, to be effective as of the date first above written. City of Boynton Beach WINDSTREAM Beet,s �aloilA,G �c.{-b Signature: Signature Printed Name:John McNally Printed Name:Gabi no Nieto Title: Title: Area Director Date: Date: 8/15/2018 Page 52 of 431 Page 1 of 3 Quote#1643443 DocuSign Envelope ID: E5423651-1BE2-4AB0-9D35-92E2B28E03F3 WINDSTREAM ENTERPRISE PROPOSAL Customer Name Customer Name CITY OF BOYNTON BEACH-GSA#GS-35F, Proposal/Quote ID 1643443 #4448221 Install Street Address 3301 QUANTUM BLVD City, State,Zip BOYNTON BEACH, FL, 33426-8668 Opportunity ID 1710503 Service Order Type Renewal/Upsell Contract Term 36 Effective Date 08/14/2018 Bundled ServicesTotal On Net T1 2 Included SIP Call Path 46 Included MPLS VPN -- Included QoS Included Managed Router Equipment Included Managed Router-Advanced Included Total Services $682.43 Access Loop On Net T1 1 $300.00 $300.00 Common Voice Features 900/976 Block 1 $0.00 $0.00 LD Block of 1000 3 $20.00 $60.00 International Block 1 $0.00 $0.00 Dynamic IP IP Addresses Block of 4 Charge 1 $0.00 $0.00 PS-ALI Account Service Charge 1 $0.00 $0.00 20 DID Station Numbers 37 $2.00 $74.00 Internet Charge 1 $0.00 $0.00 Direct Trunk Overflow Charge 1 $34.95 $34.95 FSLC Charge 10 $9.20 $92.00 Trunks FSLC Charge* 24 $9.20 $220.80 20 DID Station Numbers* 4 $2.00 $8.00 2 Way Trunk Port 1 $0.00 $0.00 Total Features $789.75 Regional Long Distance Charges(D) 0.0300' 6 sec 6 sec 2 digit t In State Long Distance Charges(D) 0.0300' 6 sec 6 sec 2 digit t Out of State Long Distance Charges(D) 0.0300' 6 sec 6 sec 2 digit t Canadian Long Distance Charge(D) Standard 30 sec 6 sec 2 digit t International' International Long Distance Charges(D) Standard 30 sec 6 sec 2 digit t International' Caribbean Long Distance Charges Standard 30 sec 6 sec 2 digit t International' Page 53 of 431 Page 2 of 3 Quote#1643443 DocuSign Envelope ID: E5423651-1BE2-4AB0-9D35-92E2B28E03F3 Other Charges (Non-Recurring) Access Loop On Net T1 1 $0.00 $0.00 Access Loop On Net T1 2 $0.00 $0.00 Dynamic IP Managed Router-Advanced Installation Charge 1 $0.00 $0.00 PS-ALI Account Service Installation Charge 1 $0.00 $0.00 Trunks 2 Way Trunk Port 1 $0.00 $0.00 Total Other Charges(Non-Recurring) $0.00 Rates listed within the Usage Rates section are applicable for all locations, unless otherwise noted on the individual Service Location listing in the Usage Rates sub-section. Notes: 1 -Per Minute 2-Per Call 3-Per Minute per Participant *Rates are subject to change on 30 days notice via bill message on customer's invoice. "Additional charges apply for all local, long distance and 8XX features,network access charge, router maintenance, CPE maintenance and directory listings. For the current features pricing,go to http://www.paetec.com/about-us/notice. "'Amounts listed are reasonable approximations based on initial proposal. Actual amounts shall depend on final lease amount set forth in the Customer's Lease Agreement. t Each call is billed to two decimal places and rounds the billed amount for each call up to the nearest whole cent. Total Monthly Recurring Charges $1,472.18 Total Non-Recurring Charges $0.00 Minimum Monthly Fee $1,472.18 Service Information This Proposal is subject to and controlled by the Windstream Service Terms and Conditions,which are incorporated herein by reference and attached hereto. Your signature constitutes your acceptance of the Proposal and your agreement to Windstream's Service Terms and Conditions. CUSTOMER WINDSTREAM DocuSig ned b alni�v AI Signature: Signature: John McNally Gabino Nieto Printed Name: Printed Name: Title: Title: Area Director Date: Date:8/15/2018 This offer is voidable by Windstream if not signed and returned to Windstream by 28th day of September, 2018 . Page 54 of 431 Page 3 of 3 Quote#1643443 Service Order Agreement and Credit Application DynaLink, (Z�C�)MMUNIC^TIC)NS AGENT: Th.only ph.....-pi you will­,-d CUSTOMER INFORMATION COMPANY NAME:CITY OF BOYNTON BEACH FEDERAL TAX ID: SERVICE ADDRESS: 3301 QUANTUM BLVD CONTACT NAME: SUITE 101 CONTACT PHONE: MOBILE: BOYNTON BEACH,FL 33426 CONTACT EMAIL BILLING ADDRESS: TECHNICAL CONTACT: PHONE: BILLING CONTACT: PHONE: TAX EXEMPT: L]NO ❑YES(Attach Forms;tax exemption will begin on the date forms are submitted) ENABLE INTERNATIONAL CALLING: ENO EYES(Claims of calls being fraudulent will not relieve customer from paying) PRODUCTS AND SERVICES PRODUCT TYPE. QTY I TERM/YRS One Time Fees Monthly Fees PerUnit 10neTimeTotal Per Unit Monthly Total PRI WITH 20,000 LOCAL MINUTES 1 3 $0.00 $375.00 $375.00 BLOCK OF 20 DIDS 4 3 0.00 4.00 16.00 3.0 DATA T-1 2 3 0.00 399.99 799.98 SIP PRI 3 3 0.00 149.99 449.97 ADDITONAL SIP DIDS 580 3 0.00 0.35 203.00 DYNAMIC 1.5MB PRI WITH 20,000 LOCAL MINUTES 1 3 0.00 324.99 324.99 120 DIDS 1 3 0.00 25.00 25.00 ADDITIONAL SIP TRUNKS 4 3 0.00 12.99 51.96 0.00 0.00 0.001 0.00 Total 1 $0.001 $2,245.90 COMMENTS THE BOYNTON BEACH SITE IS A RUSH. CUSTOMER TO RECEIVE$.022 PER MINUTE FOR LONG DISTANCEANTRALATA CALLS THE ABOVE PRICES DO NOT INCLUDE APPLICABLE TAXES AND SURCHARGES— By signing below,I confirm that(a)I am authorized by my company to execute this agreement and am bound by the terms and conditions listed at www dynalink.com/terms-and-conditions(b)Authorize DynaLink to run a credit check and inquire about my eligibility for the service ordered(c)Wireless customers are also bond by the Wireless Terms and Conditions AUTHORIZED SIGNATURE DATE PRINTED NAME TITLE 1.Agreement:This agreement between the Customer(may also be referred to as'You')and DynaLink sets forth the legal rights and obligations governing the DynaLink offer.This Agreement consists of the SOA,including the following terms and conditions('T&C'),thegeneral Servicetermsand conditions('Web Terms'),the DynaLink Acceptable Use Policy('AUP'),both setforth at www.dynalink.com/terms-and-conditions,any Schedules,Addendums, Appendices,and Exhibits attached hereto and applicable tariff(collectively,the'Agreement').Some Services offered by DynaLink under this Agreement are offered pursuant to applicable tariffs,which are filed with applicable regulatory agencies('Tariffed Services').Inthe event ofa conflict between this Agreement and a tariff,thetariffshall control.Upon cancellation ofany tariff,this Agreement shall control.You acknowledge and agree the Services are offered'as is','asavailable','without warranties'and that Dyna Links obligation to provide the Service(s)issubject to its having obtained all of the requisite licensesand consents related thereto."Service Order'shall collectively refer to any service order(s),authorization forms)crorder forms)that describes and sets forth the pricing for the Service(s)purchased LoCustomer from DynaLink. 2.Term:The term of the Agreement shall commence on the Start of Billing Date and shall continue thereafter until the end of term,unless earlier terminated in accordance with thisagreement.Unless notified by either party at leastsixty(60)days prior to the end ofa term,ora renewal period,of an intend notto renew,the Service Term shall automatically renew in successive 1,2,or 3yearterms based on the original term.In all circumstances(Even on a Month to Month contract,cron a renewal period),a precise cancellation date is required,sixty(60)day priorto the actual cancellation date.If the customer chooses to postpone the cancellation date,a new cancellation order,will need to be placed and an additional sixty(60)day notice with a precise cancellation date will be required.From time to time,Customer may order additional Service(s)by executinga Service Order.Arty additional Service Orders agreed by the parties shall be governed by the terms of this Agreement,including the Terms and Conditions. 3.Billing;payment;Deposit: A Billing:Customer is responsible for the payment of all charges for Services furnished by DynaLink under the Agreement at rates set forth on the applicable Service Order(s)and,for services provided to Customer,and not included n a Service Order at Dyne Links then-current standard rates.Rates for international Services are subject to change on five(5)days notice from DynaLink,and new rates a re automatically effective on the 6th day from the date of such notice.Customer acknowledges that rates to International Mobile are higher than the standard International rates. B.Usage Charges:Customer is solely responsible for all usage of the Services,fraudulent or otherwise.Claims of fraudulent usage shall not constitute a valid basis for dispute of an invoice.The parties agree that Customer,shall bear all risk of loss arising from fraudulent or unauthorized use of the Services,will pay all associated costs for which,they will be billed by DynaLink for those fraudulent calls.DynaLink reserves the right,but has no duty,to take any action it deems appropriate to prevent any fraud or abuse in connection with the Services. C.Unlimited Usage:Unlimited calling plans are meant to be used for ordinary person to person calling and taxing.They are not to be used for Telemarketing,Auto Dialers,Fax Broadcasting,conference bridges,modem poling or any activity that is meant for excessive use.In addition,if the customer has more than one trunk group connected to their PBX,it is not allowed to route all or a portion of outgoing calls to certain destination types,to the lines with u nI m ted usage.If DynaLink Communication deems that it is being used for one of the above,the cost per minute will be$0.05 outbound domestic calling. Unlimited SIP Trunks or POTS have a cap of 2,000 minutes per trunk and 20,000 minutes,per group of 23 lines.If a location has less than 23 lines,then the limit is 20,000 minutes for the entire location.For the avoidance of doubt, the above mentioned is not allowed,even if less than those amounts are used. D.Start of Service:The'Start of Service Date shall be,regardless of whether or not Customer uses the Service.a.Three(3)business days of circuit install.F.The date on which DynaLink notifies Customer that the Service is installed and available for Customer to use.Whichever occurs earlier.Billing for each Service shall commence on the Start of Service Date('Billing Commencement Date'). E.Service Delivery:Customer agrees to cooperate with DynaLink to accomplish Service activation by providing commercially reasonable access to th e Customer's premises,when DynaLink deems it to be necessary.DynaLink shall not be liable for any damages whatsoever resulting from delays in meeting Service delivery dates requested or specified by Customer,or inability to provide Services.Customer may not cancel this Agreement if there is a delay in installation related to the Services unless such delay is solely due to DynaLink and such delay is longer than ninety(90)days beyond the parties agreed Start of Service Date;provided however,in no event may Customer cancel if DynaLink has agreed to construct or is constructing Communications Facilities to provide Service to Customer. F.MAC and Dispatch Charges:A$45.00 fee will apply for any MAC(Move,Add or Change)order.Dispatch fees for MACor repairs that turn out to be a non Dynalkink issue,will be charged ata rate of$225.00 for the first hour and $150.00 for each additional hour.The above pricing may vary,depending on the particular situation. (continued on back) DYNALINK proprietary Information Pagil of 431 Term and Conditions(Continued) 11.Limitatlonon liability:In no event shall DYNALINK,its affiliates,service providers,suppliers or agents be G.Payment Terms:Customer will be invoiced monthly for all amounts due and owing to DYNALINK.All liable to customer or any third party for any indirect,incidental,special,punitive or consequential damages or invoices shall be deemed final and binding unless Customer notifies DYNALINK in writing of any alleged for any lost or imputed profits or revenues,lost data or cost of procurement of substitute services resulting discrepancies no later than thirty(30)days from the date of such invoice(s). from delays,non-deliveries,mis-deliveries or service interruption,however caused,arising from or related to All payments are due at midnight of the first day of the following month of the invoice date,(An invoice the service(s)or this agreement,regardless of the legal theory under which such liability is asserted,whether generated in December is due on January first).The charges and fees under this Agreement are breach of warranty,indemnification,negligence,strict liability or otherwise,and whether liability is asserted in exclusive of any national,state,municipal,or other governmental excise,sales,value-added and contract,tort or otherwise,and regardless of whether DYNALINK has been advised of the possibility of any such occupational taxes and other fees,surcharges and levies,third party installation charges,all of which liability,loss or damage.The total aggregate liability of DynaLink and its suppliers to customer and/or any third Customer shall be responsible for and will pay in full.Customer will be deemed to be in default party in connection with this agreement shall be limited to direct damages proven by customer;such direct hereunder if payment is not received by the Due Date and,in addition to its other remedies,DYNALINK damages not to exceed an amount equal to the total net payments received by DynaLink for the affected may charge Customer interest equal up to 1Y%per month on any amount(s)past due. service which gives rise to such liability in the three(3)month period immediately preceding the date in which the claim was filed.The parties acknowledge that the limitations referenced in this Section are material terms H.CreditApproval:The provision of Servlce(s)under this Agreement is contingent upon DYNALINK's to this Agreement.Customer acknowledges that DynaLink has set its prices,and other charges in reliance on initial and continuing credit approval of Customer.At any time during the Agreement Term,DynaLink the foregoing limitations of liability,which form an essential basis ofthe bargain between the parties. may require a deposit or other acceptable form of security if it reasonably deems itself insecure with respect to Customers ability to pay.In addition to the termination rights under this Agreement, 12.Notices:Any notice required to be given hereunder shall be in writing and shall be deemed to have been DynaLink may,immediately suspend the Service(s)if Customer fails to comply with these security delivered when(i)email was sent(ii)sent by facsimile,and electronically confirmed,(iii)Delivered via United obligations.Suspension of Service because of Customers failure to comply with the security States mail(registered or certified mail),return receipt requested,with adequate postage affixed,or(iv) requirements is not considered an interruption or outage for the purposes of this Agreement. delivered via a national overnight courier service and addressed to the persons set forth herein.Notice for monetary default may be sent by e-mail,facsimile,or other written format. 4.Compliance with Lawsand Acceptable Use:Customer agrees that it and its end users will comply at all times with all applicable laws and regulations and will not use the Services in a fraudulent manner or in 13.Miscellaneous:This Agreement contains the entire agreement of the parties hereto with respect to the a manner that exposes DynaLink to legal liability.Customer agrees to be bound by the DynaLink AUP,s matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters. listed on www.dynalink.com/terms-and-conditions. Any modification to the Agreement must be signed by a senior management of DynaLink.Customer may not assign this Agreement or any portion hereof without DynaLlnKs prior written consent,which consent shall not S.Delivery Method:DynaLink retains the right to change,increase or decrease from time to time,inits be unreasonably withheld.Any such assignment without Dyna Links prior written consent shall be void.The discretion and without liability to Customer,the methods,processes and/or the suppliers by which parties agree that any dispute arising under this Agreement shall be governed by and construed in accordance DynaLink provides Services to Customer,as well as the right to change,add to or delete Service or with the laws of the State of New York,except for its principals for resolving conflicts of law.The parties agree Service offerings with appropriate notice to Customer. that any disputes arising under this Agreement shall be resolved in arbitration,within the city of New York.All provisions in this Agreement,which by their nature are intended to survive expiration or termination shall 6.Facility Construction:In the event DynaLink is required to construct and/or acquire communication survive any expiration or termination of this Agreement.In the event of a conflict between or among the terms facilities to provide Service to Customer,Customer acknowledges and agrees that DynaLink will incur in this Agreement,the Service Order(s)and any other document made a part hereof,the documents shall significant costs in provisioning Service to Customer.In addition to any other rights and remedies control in the following order:the Service Order with the latest date,the AUP,Web Terms and this Agreement. DynaLink may have,Customer agrees that if Customer cancels,terminates or breaches this Agreement The Web Terms,AUP and tariffs may be modified from time to time at DynaLlnKs discretion or as required by after execution but prior to the Termination Date,the Customer will be required to reimburse DynaLink applicable law.Customer agrees to review such changed items from time to time and be bound by such for all costs DynaLink incurred in constructing and/or acquiring such communication facilities. changes,as they pertain to your particular services.Unless subject to tariffs or the terms of this agreement, DynaLink may not change the rates,fees or charges set forth herein,in the midst of a contractual term without 7.Disclaimers of Warranty:the service(s)are provided"as Is"and"as available"and DynaLink makes no customer consent.If customer determines changes to the AUP and/or tariffs will materially and detrimentally warranties or representations,whether express,implied or statutory,regarding the services,software affect customers service or rights and are not mandated by law or regulation,customer may provide DynaLink or equipment or any results to be achieved through use ofthe service(s),software or equipment.This written notice of objection.DynaLink will review such notification and if the parties cannot come to an disclaimer includes,but is not limited to,any warranties of merchantability,quality,fitness for a agreement within thirty(30)days,customer may terminate such service(s)without incurring charges for early particular purpose,non-infringement and title,and all implied warranties arising from a course of termination,provided that customers account is current.if customer uses the services and does not contest dealing,usage,or trade practice.DynaLink specifically disdaimsany responsibility for the accuracy or within five(5)business days,it is deemed that the customer has accepted the terms and conditions mentioned quality of information obtained through its service(s),the use of which is at customers own risk. hereon.The above does not apply,if the modification was required by an applicable law. 8.Default;Termination: 14.Equipment:installed by/for DynaLink for use of the service,including but not limited to equipment,that is A.Termination Liability:Should Customer choose to terminate any service offering after the notification billed monthly to the customer is the property of DynaLink Communications and must be returned upon of the install date and prior to the expiration of the term.Customer is responsible for payment of the termination of such services.If not returned within five(5)business days,customer will be liable to pay monthly recurring charges("MRCS")as stated in the SOA times the number of months remaining in the DynaLink whatever loss was resulted for the loss of the equipment. contract 15.Equipment Warrantee.Any Customer Premises Equipment("CPE")that Is provided to the customer,has a For usage-based Services,Customer shall pay an additional early termination charge that shall be equal one(1)year replacement or repair(at Dyna Links discretion)warranty,for manufacturers defects.At to 75%of Customers average monthly usage for the three(3)months prior to the termination month DynaLlnKs discretion,any equipment supplied as replacement equipment for a CPE with manufacturers (or such lesser period if fewer than three(3)months of Service were utilized),times the number of defects may be new,recertified,or refurbished as long as it is equivalent in functionality.Any CPE supplied as a months remaining in the Term ofthe Agreement. replacement CPE will carry the remainder of the one(1)year warranty described above.DynaLink shall have no obligation or liability in connection with(a)any equipment not purchased through DynaLink even though,it was B.Termination priorto notification of install date:Customer If Customer cancels,terminates or breaches configured by DynaLink,its Vendors or Contractors.(b)for any abuse(c)reconfiguration,repair or misuse of this Agreement after execution of the Agreement but prior to notification of install date,Customer shall any equipment by any party other than DynaLink or its Vendors or Contractors.After the initial year,the pay DynaLink as follows.(a)An early termination charge of three(3)months ofthe anticipated monthly customer shall be liable to pay for replacement equipment including standard wear and tear. recurring charges,(b)All nonrecurring charges.(c)Any charges incurred by DynaLink to provide Service to Customer. 15.Mobile:End User shall comply with and abide by the terms listed on www.dynalink.com/terms-and- conditions,which may be revised from time to time by DynaLink Communications. C.Default:Except as otherwise required by law or applicable regulation,if,at any time during a term, Additional software,hardware and/or subscription may be required for certain features.Additional charges Customer:(a)fails to pay any amount required under this Agreement or any other agreement with and device restrictions may apply for access to corporate email/intranet sites and business DynaLink does not DynaLink when due and such failure continues for ten(10)days;(b)fails to perform any material guarantee coverage.Charges will be based on the location of the site receiving and transmitting the call,not obligation under this Agreement which failure is not remedied within ten(10)days after receipt of the location of the subscriber. written notice from DynaLink(unless a shorter notice period is expressly set forth in the Agreement or Text,picture,video and instant messages must be sent to and/or received from within the DynaLink nationwide notice,in which case the shorter notice period shall apply);(c)becomes Insolvent;or(d)cancels or coverage area.Mobile to Mobile calling applies to direct calls to and from U.S.mobile numbers only.For terminates Service,including any part of a service offering at any time before completed of the Service coverage information and maps,please visit www.wireless.att.com/coverageviewer. Term or any renewal Term,then DynaLink may elect to pursue one or more of the following courses of Your plan may include the capability to make and receive calls or transmit data while roaming internationally.If action,as applicable:(i)terminate in whole or in part Customers Service,whereupon Customer shall be you take your phone abroad,(as described in www.dynalink.com/terms-and-conditions)The charges for voice liable and shall pay to DynaLink,at DynaLink sole option,and within ten(10)days of such termination, and data are as listed in http://www.dynalink.com/globaloverage.html will apply.Charges apply for incoming (i)the termination charges set forth in the applicable Service Order or Web Terms,or(ii)the cumulative and outgoing calls,calls to VM,even if no message was left.DynaLink in its sole discretion,may block your total of the balance of all monthly charges remaining on this Agreement through the end ofthe International roaming and calling capability,until eligibility criteria are met.All countries may not be available applicable Service Temriplus(z)any charges accrued but unpaid as of the effective date of for roaming.Availability,quality of coverage and services while roaming are not guaranteed.Substantial termination.In addition customer is liable to pay any legal fees associated with the collection of the charges may be incurred if Device is taken out of the U.S.even if no services are intentionally used. above amount. Third-party content or service providers may impose additional charges,of which DynaLink has no control over All of the preceding shall be immediately due and payable by Customer.Termination by DynaLink,shall its content or pricing. not preclude DynaLink from pursuing any other rights or remedies available to it at law or in equity. Dyna Link is not responsible for loss or disclosure ofany sensitive Information you transmit.Dyna Link s wireless Customer acknowledges that the amounts payable pursuant to this Section are equitable compensation services are not equivalent to landline Internet. to DynaLink and are intended to reasonably compensate DynaLink for the losses which are occasioned Mobile wireless deployments. by Customers failure to honor Customers obligations hereunder and not Intended as a penalty. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE.WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND.AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, 9.Indemnification:Customer shall indemnify,defend and hold DynaLink its affiliates,officers,directors, INCLUDING INVOLUNTARILY TERMINATED CALLS.DYNALINK COMMUNICATIONS MAKES NO WARRANTY, licensees,licensers,and vendors harmless from any and all claims,losses,damages and expenses, EXPRESS OR IMPLIED,OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,SUITABILITY, including,without limitation,reasonable attorney's fees and court costs,or liabilities arising from or ACCURACY,SECURITY,OR PERFORMANCE REGARDING ANY SERVICES,SOFTWARE OR GOODS. related to:(i)Service Misuse or a violation of any other provision of this Agreement;(n)any claim of Certain type of data sessions are prohibited,for example:(i)server devices or host computer applications;(ii) infringement of any intellectual property or other proprietary interest resulting from the possession or "auto-responders,or similar routines which generate excessive amounts of net traffic,or which disrupt other use of any Service(s),software or equipment;(m)the Content;(iv)any acts or omissions of Customer,its users,(iii)"spam"or unsolicited email(iv)any activity that adversely affects the ability other people or systems. employees,agents,contractors,invitees,licensees,visitors,and/or customer/end-users;and/or(v)any DynaLink reserves the right to deny,disconnect,modify and/or terminate Service,without notice,to anyone it injury or damage to the person,property,or business of DynaLink,its employees,agents,contractors, believes is using the Service in any manner prohibited. invitees,licensees,visitors,and/or customer(s)1end-user(s). DynaLink does not guarantee delivery of messages.Text,Instant,Picture,and Video messages,including downloaded content,not delivered within 7 days will be deleted,which time period,may be changed. 10.Severability/Waiver.:In the event any portion of this Agreement is held to be unenforceable,the When a Single message sent to multiple recipients,it will be charged per recipient received and sent. unenforceable portion shall be construed in accordance with applicable law as nearly as possible to Installation of fixed wireless deployment in an offnet area is prohibited. reflect the original intentions of the parties,and the remainder of the provisions shall remain in full Unlimited voice Services are provided primarily for live dialog between two individuals,other uses are force and effect.DynaLlnKs failure to Insist upon or to enforce strict performance ofany provision of prohibited.Use of unlimited voice Services for conference calling or call forwarding in excess of 750 minutes this Agreement shall not be construed as a waiver of this or any other provision or right.Neither the per month is prohibited. course of conduct between parties nor trade practice shall act to modify any provision of this If service is discontinued on financed equipment or if the equipment is returned,the full amount of the DYNALINK Proprietary Information Page 2 of 2 Page 56 of 431 6.C. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 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 September 1, 2020- "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM K&B Maintenance Tennis court Village of Wellington October 1, 2020 $78,741.48 Services, LLC dba maintenance services RFP#024-16/DZ thru September Professional 30, 2021 Tennis Court Services How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Strategic Plan: Strategic Plan Application: Not approve renewals and require new solicitations to be issued. Climate Action: Climate Action Discussion: Page 57 of 431 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST FOR BID EXTENSIONS September 1, 2020 D Addendum Prof Tennis Ct signed Renewal Letter 8-13-20 Page 58 of 431 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS September 1, 2020 REQUESTING DEPARTMENT. Recreation and Parks DEPARTMENT CONTACT. Kacy Young TERM: October 1, 2020 thru September 30, 2021 SOURCE FOR PURCHASE: Village of Wellington RFP#024-16/DZ ACCOUNT NUMBER: VENDOR(S): K&B Maintenance Services LLC dba Professional Tennis Court Services ANNUAL ESTIMATED EXPENDITURE: $78,741.48 DESCRIPTION: On October 1, 2019 City Commission approved the piggyback of Village of Wellington RFP #024-16/DZ Tennis Court Maintenance Services for a one year term. The City would like to renew the piggyback agreement with the same Terms and Conditions for October 1, 2020 thru September 30, 2021. The City of Boynton Beach Finance/Procurement Services 100 E Ocean Ave. Boynton Beach,Florida 33435 Telephone No: (561)742-6310 FAX: (561)742-6316 August 13, 2020 BID:TENNIS COURT MAINTENANCE BID No.:024-16/DZ CURRENT AGREEMENT TERM: OCTOBER 1,2019— SEPTEMBER 30,2020 Agreement between the City of Boynton Beach and PROFESSIONAL TENNIS COURT SERVICES AGREEMENT RENEWAL TERM: OCTOBER 1,2020— SEPTEMBER 30,2021 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Professional Tennis Court Services —� NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) America's Gateway to the Gulf Stream Page 60 of 431 The city of Boynton Beach d Finance/Procurement Services 100 E Ocean Ave. Boynton Beach,Florida 33435 Telephone No: (561)742-6310 FAX: (561)742-6316 DATE (AREA CODE) TELEPHONE NUMBER 'ice'\�/.. V\`l •1 2i E-MAIL Page 61 of 431 America's Gateway to the Gulf Stream 6.D. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Approve the emergency purchase order that was issued for a total expenditure of$46,819.00 for fabrication and delivery of MI EX regeneration underdrain laterals and associated equipment for the East Water Treatment Plant. Explanation of Request: The East Water Treatment Plant anion exchange (aka MI EX system) regeneration has an underdrain system that failed and consequently shut down the anion exchange treatment. The laterals (part of the underdrain system) failed in both regeneration tanks. These laterals must be fabricated specifically for these tanks and have a lead time of 5 to 6 weeks. In order to place the plant back online as soon as possible, an emergency PO was issue for the replacement laterals. How will this affect city programs or services? Water treatment is an essential service that the City of Boynton Beach provides. Not having the anion exchange system affects the available water capacity that Boynton Beach Utilities is able to deliver to its customers. Fiscal Impact: Non-budgeted The utility has sufficient funds for these laterals in account 401-2811-536-52.75 Alternatives: No viable alternatives. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 62 of 431 ATTACHMENTS: Type Description Purchase Order Purchase Order Page 63 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.Q. BOX 310 P.O. #: 201455 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/24/20 VENDOR 15789 SHIP TO: TO: IXOM WATERCARE, INC City of Boynton Beach 8150 S. AKRON ST. EAST UTILITY ADMIN STE. 401 124 E. WOOLBRIGHT ROAD CENTENNIAL, CO 80112 BOYNTON BEACH, FL 33435 REQUISITION NO. 76955 I ORDERING DEPARTMENT: UTIL EWTP/MR e a • � �•� DATE NEEDED: CONTRACT NO COMMISSION APPROVED: SS555443A EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 DL 3161, STAINLESS STEEL. , WEDGE WIRE 43781. 0000 43781. 00 2 SETS OF 44 LATERALS 2 1 . 00 DL CUSHIONED PIPE CLAMPS 2413 . 0000 2413 . 00 3 1. 00 DL FREIGHT 625 . 0000 625 . 00 REMARKS : EMERGENCY PO TO DELIVER. UNDERDAIN LATERALS FOR THE MIEX REGENERATION SYSTEM. THE EXISTING T,ATERALS FAILED.. SOLE SOURCE �JI t _ _. ...... PROCUREMENT SERVICES: N _ _ j P.O. TOTAL. 46819. 00 FLORIDA STATE SALES TAX .X F?APTION IMPORTANT INSTRUCTIONS [1RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. $5-$0 1 282 1 544C-OpUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL I ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. ITHE CITY OF BOYNTON BEACH IS EXEMPT FROM ''CORRESPONDENCE. 2PREPAID FREIGHT CHARGEABLE TO THE ,FEDERAL EXCISE TAXES: WHERE TAX APPLIES I CITY OF BOYNTON BEACH MUST BE HNVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 31NVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 TO CASH DISCOUNT SPECFIED HEREON. ORIGINAL Page 64 of 431 CITY OF BOYNTON BEACH GENERAL TERMS AND CONDITIONS Tax Exemption: The City is tax exempt,ID#85-8012621544C-0 Public Records(cont.) 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 is expressly conditioned upon the Vendor's acceptance of all the following completion of the contract,Vendor shall destroy all copies of such terms and conditions of purchase contained on or attached to this confidential and exempt records remaining in its possession once the Purchase Order. Vendor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Vendor shall transfer to the CITY,at Amendments: no cost to the CITY, all public records in Vendor's possession All records No agreement or understanding to modify 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 GIBBON,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@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 Cfty. 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 Scrutinlzed 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 Laws Governing: 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 Data Sheets: 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 shalt 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 copyl govern this contract with the City Payment: Warranty: All invoices shall be addressed to the ordering department, City of Boynton The Vendor warrants to the City that 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 Public Records: 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 cost 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 65 of 431 6.E. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of July 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 201311 Empire Office Inc. $13,907.60 201322 SHI $12,345.25 201331 CK's Lockshop & Security Center $18,991.00 201332 CK's Lockshop & Security Center $14,986.00 201353 Kelly Tractor Co. $24,131.00 201365 Fluid Control Specialties Inc. $12,396.00 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Fiscal Impact: This Ordinance allows for reducing paperwork by streamlining processes within the organization, allowing administration to maintain internal controls for these purchases while reducing the administrative overhead of processing for approval, and allowing for more timely purchases. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Page 66 of 431 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Attachment Page 67 of 431 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER 10,000 FOR JULY 2020 1. Vendor: Empire Office Inc. Purchase Amount: $13,907.60 Requesting Department: Library Contact Person: Craig Clark Date: 7/6/2020 Brief Description of Purchase: Purchase library shelving-40 bookcases and delivery and installation. Source for Purchase: State Contract#425-001-12-1 Fund Source: 303-4104-580-64-16 Project#IT1901 2. Vendor: SHI Purchase Amount: $12,345.25 Requesting Department: ITS Contact Person: John McNally Date: 7/9/2020 Brief Description of Purchase: Renewal of Carbon Defense Licenses. Malware/Virus protection for our PC's and Network. Source for Purchase: State Contract#4323000-NASPO-I6-ACS Fund Source: 001-1510-513-46-91 3 Vendor: CK"s Lockshop&Security Center Purchase Amount: $18,991.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 7/13/2020 Brief Description of Purchase: SFIC Keymark Cylinder -Police Dept High Ridge Road. Source for Purchase: Sole Source Fund Source: 303-1214-580-62-01 Proiect#-TS KID 4. Vendor: CK's Lockshop&Security Center Purchase Amount: $14,986.00 Requesting Department: Public Works Contact Person: Andrew Mack Date: 7/1312020 Brief Description of Purchase: Keymark X4 7 SFIC at City Hall and Library. Source for Purchase: Sole Source Fund Source: 303-1214-580-62-01 Proiect#-TSKID 5. Vendor: Kelly Tractor Cc Purchase Amount: $24,131.00 Requesting Department: Fleet Contact Person: Bill Darty Date" 7/22/2020 Brief Description of Purchase: 25'tilt bed trailer for Utilities. Source for Purchase: Piggyback FL Sheriffs Contract#FSAI8FEH16.0 Fund Source: 401-2810-536-64-02 6. Vendor: Fluid Control Specialtis Inc. Purchase Amount: $12,396.00 Requesting Department: Utilities Contact Person: Tremaine Johnson Date: 7/23/2020 Brief Description of Purchase: Purchasing a Valve for Village of Golf Reclaimed Water Delivery System Source for Purchase: Sole Source Purchase Fund Source: 403-5000-533.65-02 PPo`ect#WTR017 Page 1 Page 68 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES EEART ENT 3301 Quantum Blvd. Suite 101 P.O. #• 201311 C 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/06/20 VENDOR 12766 SHIP TO: TO: EMPIRE OFFICE INC. City of Boynton Beach 2 OAKWOOD BLVD. LIBRARY SUITE 140 115 N. FEDERAL HWY HOLLYWOOD, FL 33020 BOYNT"ON BEACH, FL 33435 REQUISITION NO. 76685 ORDERING DEPARTMENT: LIBRARY — CRAIG CLARK DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: ° EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 40 . 00 EA. EXECUTIVEPAYBACK; BOOKCASE, 14D 317 . 6900 12707.60 X 36W X 72H BASIC: 265E BLED 'C E Y LPL TOP-S F: . L B.LE HE ...;Y. LPL EDGE: *OPT EY E. pRQFILE PT N . . . RIB EI3 : STD—RIBBED EDGE . PROFILE S.T_ EL SE VENDOR IT.... NO.:.- T EB�2361:a 2 1. 00 -:DELIVEAY "INSTALLATI ON DURING 12Z.0 . 0 0 0 0 1200 .00 GU LfB SS .UO S: 'jR :OFF - *FOR DELIVERY.,CONTACT ..0 IG LARK,45`:61 .702 :0704 OFA. MIKE N UGHTON @ 1561,43680162***: VENDOR ITEM NO... . DFS! REMARKS ;TATECONT CT #4 2'5-Q O 1-12.-.1. . PROCUREMENT SERVICES: ��� ��� �?� —� �e � P.O. TOTAL: 13907 .60 � ACCOUNT NO. PROJECT 303-4104-580.64-16 IT1901 PURCHASING Page 69 of 431 LA-3 W Lj VIJ U}rl m m ljJ n 0 0 VI cl 0 w Ll 90WOTWN w w x x Vl 00 N m W X,t1i 0 0 u 0. H C) r} 0 0 Ld m X U U W H ; H 0 0?T,K H M 0 11 < , O 3�t1l --I �A u �ri.. a%LA H �4 u X U s-4 t7' 'I W 2° n14 13 Ln 1 0 H t.5 2 Lp ria 0� C2 tj UO M 0) k w vi w r°d Ll 11 H U W qk H H C)�4 W LEl : lu m Fi lu lu w j HHfps 0 VJ 14 Lu to t7. C w 14 t, Ij M VJ H M C-1 0 0 0 D-3 U L�u H m t1l N 0 aC Cd tj b:r:1. H C.H tv m 4 x m tt v 1 C�ur GJ x a td t". , 14 Id �U H u C" ul Ul C) Ll 0 0 C) u �4 ie W H t7i 1-3 n m 'd KD M 0 CE) 01 LIJ 0 t1i a W c `3 td cl, bd � W 10 w !. En VA Li 10 C. X �1.tq VA C7 Id a Li C+1 w 11 t7, M w z w w 17- Z o M 10 m 1-4 nng LIJ > H H : 0 H 'd t_' Ll C1 t9 2 c r w Fj cr C, Izrn H l* M D-�0n C, ul C) I_j W Z -3 U I_j 0 tl Ll FI 1z, cl c? cid Ut W mc. Page 70 of 431 Morone- , Susan From: Frederiksen, Mara Sent: Thursday,July 02, 2020 1:35 PM To: Moroney, Susan Subject: FW: [External] FW: Bookcases - Quote Number 702339 Attached - needs approval in Naviline Importance: High Sent via the Samsung Galaxy 59, 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, Fiorida 33426 561-742-6312 FrederiksenM@bbfl.us Boynton-beach.org/ L115 Is *I ADA, 30 ** * *­* Americans with Iu a fl fie Act C,oM�brate 'he 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: "Pagan,Tiffany"<PaganT@bbfl.us> Date:7/2/20 1:21 PM (GMT-05:00) To: "Fre deriksen, Mara" <Frederiksen M@bbfl.us> Cc: "Clark, Craig" <ClarkC@bbfl.us> Subject: Re: (External] FW: Bookcases-Quote Number 702339 Attached- needs approval in Naviline Mara, Page 71 of 431 Cc: Nicholas Grennan<ngrennars @cmpireoffice.com>, "Clark, Craig" <ClarkCG&bbfl.us> Subject: RE- [External] FW: Bookcases ® Quote Number 702339 Attached- need state contract info Good afternoon Tiffany, See updated quote, Regards, Lissette Sanchez EMPIRE OFFICE INC. T.954-707-6211 ID Lic.No.1926001451 From: Pagan,Tiffany<PaganT@bbfl.us> Sent:Thursday,July 2, 2020 12:02 PM To: Lissette Sanchez<Isanchez@empireoffice.com> Cc: Nicholas Grennan<ngrennan@empireoffice.com>; Clark,Craig<ClarkC@bbfl.us> Subject: Re: [External] FW: Bookcases-Quote Number 702339 Attached -need state contract info Hi is and Lissette, Can you send me the State contract info for quote#184368.We want the TS5AEB723614- Executive Payback; Bookcase, 14D x 36W x 72H shelving. I will need this has back up for the PO. Thank you, Tiffany Tiffany Pagan Assistant to Library Director Boynton Beach City Library City of Boynton Beach 115 N Federal Hwy. I Boynton Beach, Florida 33435 %. 561-742-6384 PaganT@bbfl.us http:Hwww,boynton- I http://www.boyntonlibrary.org beach.org/ 1 ro 3 Page 72 of 431 El 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. Begin forwarded message: From: Lissette Sanchez<1sanchez@empireoffice.com> Date: July 2, 2020 at 11.39:38 AM EDT To: "Clark, Craig" <Clark C@bbfl.us> Cc: Nicholas Grennan<ngrennan@ernpircoffice.com> Subject: RE: [External] FW: Bookcases - to Number 702339 Attached Good morning Craig, Please find attad°ied requested quotes. Regards, Lissette Sanchez EMPIRE OFFICE INC. T:954-707-6211 ID Lic.No.IB26001451 -------- Original message-------- From- "Clark, Craig" Date: 7/2/20 10:23 AM (GMT-05:00) To: Nicholas Grennan<m"", WIIII ('2_,�__rn ............................ Subject: [Extemal] FW: Bookcases ® Quote Number 702339 Attached Hi Nick, 5 Page 73 of 431 From: Clark, Craig [rlar l • IR! C.i Thursday, August 08, 2013 11:34 AM To: Carri 1: 4- rri lxan r Subject: ® Bookcases - Quote Number 702339 Attached Carrie, The quote needs to be to the Friends of the Boynton Beach City Library NOT the City of Boynton Beach please. Craig . Clark, Library ry Dir for Boynton Beach City Library 208 S. Seacrest Blvd, Boynton Beach, FIL 33436 (561) 742-6380 (v) (561)7742-6381 (fax) cJ r-r,Qbbfl,us Breezeinto Boynton Beach! Antei ' gs Gmteway to the Gulf t . �: ri Corn Alexander 'Ir Sent:Thursday, August 08, 2013 11032 A ® Clark, Craig Subject: Bookcases a Quote Number 702339 Attached Craig Please see attached revised qL10tP. thanks Carrie Alexander Empire Office Inc. T:954-707-6182 0:561-252-2293 ID Lic.Na.126001451 Clark, Craig Lrr iLt:c- irk ddd�rrs Sent: Thursday, August 08, 2013 11:15 AM ® Carrie Alexander Subject: Bookcases ® Quote Number 702339 Attached Hi Carrie:, C Uld you please make a couple of changes and r -quiot Charge QUOTE TO, Friends of the Boynton Beach City Library, 208 S. 3eacrert Blvd., Boynton Beach, Ft. 33435,, The SHIP TO: change to 203 S acret. Blvd, as well, Also, please remove one TSS EB2 3614 14D 36 d 2 :1/2i We only reed one, riot tiro) 7 Page 74 of 431 t tJ, p t MANAGEMENT SERVICE We serve those who serve Flodda To State TermContract 425-001-12-1 Office rniure and File This Amendment 2 ("Amendment"), effective as of March 2, 2020, to the OfficeFurniture and Files, Contract No. 425-001-12-1 ("Contract"), is made by and between the State of Florida, Department o ManagementServices ("Department"), and ("Contractor'). The Department ando r c or are collectively referred to herein as the "Parties." the Contract was entered into by the Parties on March , 2012, to continue through rc 1, 2016, for the provision of office furnituren ii s, pursuant to Solicitation No. ITIB 17-425-001-F; the Contract was subsequently renewed is now set to expire on March 1, 2 ; an in accordance with section 287.057(12), Florida Statutes, upon mutual agreement, the Department and the Contractor may extend the Contract. NOW THEREFORE, for the mutual covenants contained herein, and pursuant to subsection 4.42, Attachment II, the Parties agree to amend e Contract as follows: 1.0 Cont e Contract is extended for a periodsix ) months, effective March 2, �0-20, through September , 2020. 2.0 Scrutinized Compi ion 11, ScrutinizedCompany List, oft Contracti hereby amendto the following_ sentence: The Department may immediately ter int this Contract if the Contractor has been placedon the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 3.0 Public . The Contractis hereby amended o add a new section 19 as follows: 19.0 PublicRecords. The Department may unilaterally cancel this Contract for refusal the Contractor to comply with this section by not allowing lic access to all documents, papers, letters or other material made or received y the Contractor in conjunction with the Contract, unless the records re exemptfrom section 24(a) of ArticleI of the State Constitution and section 11 9.07(l), F.S. Solelyfor the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided section 11 . 7 1, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required the public agency to perform the service; Page I of 3 Page 75 of 431 ® Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida: Contractor: Department of Management Services By: By. Name: Tam! Fillyaw Name: Title: Chief of Staff Title: Date- Date: Page 3 of 3 Page 76 of 431 AMENDMENT NO.: 1 RENEWAL NO.: 1 is Furniture and Files State Term Contract No.: 425-001-12-1 ® Cooperation with the Inspector General. Pursuant to section 20.055(5), Florida Statutes, contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. VII. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to in the respective party. Vill. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained int Contract shall continue in full force and effect. IX Preference to Florida Vendors. If the lowest response is submitted by a Respondent whose principal place of business is located outside the State of Florida, preference shall be applied consistent with Section 287-084, F.S. X. Diversity Reporting. The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and veteran business enterprises in the economic life of the State. The Department of Management Services encourages supplier diversity through certification of business enterprises, advocacy and outreach and Business Match Maker events. Fora ition I information, please contact the Office of Supplier Diversity at (850) 487-0915 or g,!, . Upon request, the Contractor shall report to the Department, spend with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority Vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority Vendor on behalf of each purchasing agency ordering under the terms of this Contract. X1. Subcontractors. The Contractor shall not subcontract any or under the Contract without the prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its Procurement Program and requests that all subcontracting opportunities afforded by this contract enthusiastically embrace diversity. The award of subcontracts should reflect the full diversity of the citizens oft State of Florida. Contractor can contact the Office of Supplier Diversity at (850)487-0915 for information on minority vendors who may be considered for subcontracting opportunities. State of Florida, Contractor: xxxxx Department of Management Services: By: By: Name: Erin Rock Title: g!)LSecretar: Title: y Date: Date: Office Furniture and its Page 2 of 2 State Term Contract No.: 425-001-12-1 Page 77 of 431 7.0 RENEWAL In accordance with Section 4.26 of the State Term Contract No. 425-001-12-1, upon mutual written agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 4 years at the same price, terms and conditions, allowed by Chapter 287, Florida Statutes. 8.0 EFFECT OF A REPLACEMENT CONTRACT A replacement contract may be established under a new solicitation process prior to March 1, 2016. In such case, the Department may terminate this Contract prior to March 1, 2016. ® INTELLECTUAL PROPERTY The parties do not anticipate that any intellectual property will be developed as a result of this contract. 10.0 PREFERRED PRICE The Contractor agrees to submit to Customer at least annually an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in action 4(b) of for P U R 1000. 11.0 SCRUTINIZED COMPANY LIST In executing this contract, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan it or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the contract. 12.0 EMPLOYMENT ELIGIBILITY VERIFICATION Pursuant to State of Florida Executive Orders Nos.: 11- 2 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing or or providing services pursuant tothe state contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the contract term. ® REPORTING REQUIREMENTS Section 5.7 of the IT 17-425-001-F, is superseded and entirely replaced with the following: Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year: • Quarter I- (July-September) • Quarter 2 - (October-December) • Quarter 3 - (January-March) • Quarter 4 - (April-June) Each Quarterly Sales Report must be in Excel format and shall include: • Contractor's Name and contact information as required on the Department of Management Services "Contract Quarterly Report" • Detail of time period covered by included data FPaaffe'78 of 431 1.0 Contractor agrees, upon DIVIS' request, to deliver a line its catalog. The line its catalog content must be limited to the Contractor's statewide contract offering. 2.0 Line Item Catalog. By providing a line its catalog, Contractor is providing a list of its products/services and pricing within a specific template format for MyFloridaMarot Plac e through a catalog repository tool used for MyFlorida M a re tP lace called Aravo*. In this scenario, Contractor must submit an updated electronic catalog from time to time to maintain the most up to-date version of its product/service offering under the statewide contract. As a result, DIVIS will have an opportunity to confirm the accuracy of the electronic catalog that was loaded into Arave before the electronic data file is loaded into the MyF lorida M arketP lace eProcurement System (MFMP). In addition, DIVIS will have the ability to define when the electronic catalog and any subsequent revisions thereto "go live". 3.0 The Contractor agrees to meet the following requirements: a. Catalog must contain the most current pricing, including all applicable administrative fees and or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the statewide contract; and The accuracy ofthe catalog must be maintained by Contractor throughout the duration of the statewide contract; and b. The catalog must include a State-specific contract identification number; and c. The catalog must include detailed product line its descriptions; and d. The catalog must include pictures when possible;** and e. The catalog must include any additional DIVIS content requirements 4.0 Contractor agrees that DMS controls which statewide contracts appear in MFMP and that DIVIS may elect at any time to remove any Contractor's offering from MFMP. 5.0 Contractor must be able to accept Purchase Orders via fax, e-mail, cXML or EDI INT AS 12. *Aravo is a catalog repository tool used by MFMP. Contractors maintain their line item catalog offerings through this online tool. Contractor's catalog content is reviewed and approved by DIVIS in Aravo before being migrated into the MyFloridaMarketPlace eProcurement System. These services will be provided by MFMP at no additional cost to the Contractor. "Details regarding the submission of image files and catalog content wiii be discussed during the enablement process; however, the following represents key information regarding the submission of product image files: • Provide actual image files (in gif, jg and other commonly used formats)for all of the items in the Contractor's catalog that will be hosted by the MyFloridaMarketPlac e system. These images are displayed tot customer directly in search results as well as in the product details window. • Provide the actual image files in a 'zip archive'. Please go to www.winzip.com to download the WinZip@)application that is needed to create such an archive as well as additional details about using WinZip@)application. • Provide only one image per product. • for pictures are preferred; however, black and its pictures or drawings are acceptable if this is the current standard forte Contractor's business marketing. • Please not the MyFloridaMarketPlac e prefers jpg format for image files (280X280 pixels) although images in many other formats are accepted. • When an image is in jpg format, it is resized to 280X280 pixels, if necessary, to maintain a consistent appearance MFMP. • When an image is in a for other than jpg, it will be converted to jpg and resized to 28OX280 pixels to maintain a consistent appearance for MFMP. • As products change, updated image files must be submitted to update the MyFloridaMarketPlace Catalog. Age Age 79 of 431 Contract Manager Department of Managementices 4050 Esplanade Way#360 Tallahassee, FL 32399-0950 Telephone: ( 0)414-6740( 414-6122 E-mail: � m : . mitl r`�,r=door ° 'I rid eco The Department ey appoint a different Contract Manager, which shall not constitute an amendment tote Contract, by sending writtennotice o Contractor. Any communication to the Department relating to the ContractII be addressed to the Contract Manager,. B. Contractor's _ r _ i . [Representative Nam [ContractorName] (Street Address] [City, State, ico e] Telephone: [number) Fax: [number] E-mail: [address] 18.0 WARRANT OF AUTHORITY Each r signing this Contract warrants that he or she is duly authorized to do so and to bind the respective State i f [Contractor Services:Department of Management Name: Kelly-Loll. : Chief rement Officer& . Title: Director of State PurchasinTitle: Date: Date: Approved Office General Department of Management Services ge"80 of 431 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GE NERAL INSTRUCTIONS TO RESPONDENTS 1PUR1001 (10/06)] 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06) 5® SPECIAL CONDITIONS 6.0 PRICE SHEET 7.0 FORMS [The remainder of this page is intentionally left blank(other than footer information)] age 14 'age 81 of 431 1.1 Introduction The State of Florida's current Office Furniture and Files State Tenn Contract #425-001-06-1 has an average annual sales volume of$73,000,000.00.* Customers include 34 State agencies and other Eligible Users, Current Eligible Users consist of local governmental entities such as cities, counties, Colleges, universities, and school boards in the State of Florida, as defined in 60A-1.005,Florida Administrative Code. *(The figures listed are for infoiniational purposes only and should be used as a guide for responding purposes.) ZD 1.2 Event Timeline Respondents should review and become familiar with the Event Timeline. The Dates and Thries within the Event Timeline may be subject to change. It is the responsibility of the Respondent to check for any changes. All changes to the Event Timeline will be through an Addendum to this solicitation. Event Timeline Activity for ITB #17-425-001-F Date ............................... .......... Notice of Office Furniture & Files solicitation is posted to the Vendor Bid System (VBS) and the complete Office Furniture & Files solicitation is posted in the MyFloridaMarketPlace Sourcing Tool. Solicitation will initially be in "Preview" status December 20, 2010 where Respondents can view/download all infonnation and ask questions,but cannot input or submit responses. ........................ ................... Deadline to submit Questions, or request for specification change via the January 4, 2011 MYFloridaMarketPlace Sourcing tool Q&A Board (Respondents must monitor Message 5 pmET Board for communications). — —--------- --------------- ------ Department will post Answers to Respondents' questions as an addendum to the solicitation within the MyFloridaMarketPlace Sourcing Toot. Respondents must monitor Message January 11, 2011 Board for communications. ............................... Deadline to submit Response, including all required documents in the January 24, 2011 MyFloridaMarketPlace Sourcing Tool, Utilize the Response Preparation Checklist to 2pmET make sure all required documents and responses are completed. (Section 7.7) .............—---------- ............................................. Deadline for submittal of State Term Contract dedicated web site URL Address. (Section January 24, 2011 112) 2 pm ET . ..........—----------- .............................. Notice of Intent to Award posted on Vendor Bid System(VS), March 29, 2011 ....................................... ........................................ To Be Determined Deadline for development of eProcurement catalog within MyFloridaMarketPlace. Prior to Contract ....................... µ..-„ .----- Contract AwardPer Section 2.17 Contract Formation Page 16 Page 82 of 431 2.1 Definitions The definitions found ins. 60A-.1,001,F,A.,C. shall applyto this agreernent. The following additional terms are also defined.- (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Custorner" as defined in the P1 IR 1000 if that entity meets the definition of both teases. "Procurement Officer"' ineans the BUY&S contracting persoruiel, as identified in the Introductory Materials. (c) "Respondent"means(lie entity that submits materials to the Buyer in.accordance with.these Instructions. (d) "Response"' means the material submitted by the respondent in answering the solicitation. (e) "Timeline"' means the list of critical dares, and actions included in the Introductory Materials,, 2.2 General Instructions Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses Respondents are required to submit responses electronically.' )l or this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by mans of clicking the "Submit Response" button (or other similar syrnbol. or process) attached to or logically associated with the response created by the respondent within MyPloridaMarkctPlace4 The respondent agrees that the action of electronically SUbrnitting its response CORStitLACS,: * an electronic signature on. the response, generally, * an.electronic signature on any form or section specifically calling for a signature, and * an affinnative agreement to any,statement contained in tyre solicitation that requires as defirritee confirmation or acknowledgement, 2.4 Terms and Conditions All responses are sul�ject to the terms of the following sections of this solicitation, which, in case of c.onflict, shall have the order of preccdencc listed: * Technical Specifications, * Special.Conditions and Instructions, * Instructions to Respondents (PUR 11001), * General (..onditions (PLJR 1.000), and * Introductory Materials. 'The Buyer obJects to an(.[ shall not. consider any additional terms or conditions submitted by a respondent, including any appearing in.docurnents attached as part of as respondent's response. In SUbmitting its response, as respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with ternis and"conditions, including those specifying infoymiation that must be subt.nitted with a.response, shall be grounds for rejecting as response. 2.5 Questions Respondents shall address all questions regarding this solicitation.to the Procanement Officer. Questions must be subin.ift(I vas the Q&A Board within Myr-loridaMarketPlacc and must.be RECEIVED NO L,ATER.THAN the tinicand date reflected oin the Tirneline. Questionsshall be answered in accordance with the Tiniclin c. All questions submitted shall be published and answered in as inanner that all.respondents will be able tea view. Respondents shall not coriftict any other employee of the Paj;c 18 Page 83 of 431 includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner,partner,director,officer,principal, investigator, project director,manager, auditor, or position involving the administration of federal funds: • Has within the preceding three years been convicted of or had a civil judgment rendered against the or is presently indicted for or otherwise criminally or civilly charged fora commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a federal,state,or local governinent transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; or • Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception, • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound tote Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any cot nmuni cation, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including,but not limited to, Chapter 817 of the Florida Statutes. 2.10 Manufacturer's Name and Approved Equivalents Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive,not restrictive. With the Buyer's prior approval,the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 Performance Qualifications The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract to remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, ort at the qualifications,financial standing, or facilities are not satisfactory,or that perfamiance is untimely,the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent,or anyone in respondent's employment,has previously failed to performsatisfactorily in connection with public bidding or contracts. This paragraph shall not mean orimply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract,but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements, 2.12 Public Opening Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend, The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1) (b), Florida Page 20 Page 84 of 431 Section 120.57(3) (a),F.S.requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in section 120.5 7(3),Florida Statutes, shall constitute a waiver of proceedings tinder Chapter 120,Florida Statutes." Section 25110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3),Florida Statutes,or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120,Florida Statutes." 2.21 Limitation on Vendor Contact with Agency During Solicitation Period Respondents to this solicitation or persons acting on their behalf may not contact,between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award,excluding Saturdays, Sundays,and state holidays,any employee or officer of the executive or legislative branch concerning any aspect of this solicitation,except in writing to the procurement officer or as provided in the solicitation documents.Violation oft is provision may be grounds for rejecting a response. [The remainder of this page is intentionally left blank(other than footer information)] Pe 22 Age 85 of 431 381 Definitions The definitions Bund bele (alphabetical order)and referenced in General Instructions to Respondents,dents,(P 100 1) Section 2.1 and General Contract Conditions, (PUR 1000) Section 4.1 of the ITB shall apply. Delivery Methods®Definition of Terms Drop-Ship: esti atio a Orders shipped directly by...a in a4ufacturer to the purchaser or user. Items delivered tot e ordering agency shall be unleaded by the delivering carrier and placed on the agency's loading dock. If there is no loading deck, items shall be unloaded by the delivery carrier and placed in a space immediately adjacent to the carrier's vehicle at the delivery location. Delivered of Installed: On delivered non-installed orders items delivered tot e ordering agency shall be unloaded y the delivering carrier and placed on the agency's loading dock. `t ere.is no loading dock, items shall be unloaded by the delivery carrier and placed in a space immediately adjacent to the carrier's vehicle at the delivery location. Inside Delivery,Non-Installed: On orders specifying inside(non-installed) delivery, items shall be unloaded and delivered, in the shipping carton,to the ordering agency by the delivering carrier and placed inside the door on the first or ground level floor of the building. Installed e ive : On installed Larders,(open, set in place,ready for use)the Contractor or the delivering carrier, acting as theContractor's agent, shall be responsible for receipt,inspection, and assembly of items delivered in the area designated byte ordering agency, as well as prompt removal and disposal of all debris which is a result of the delivery. The ordering agency shall be responsible for the immediate removal of any existing furniture from the area in which the contract items are to be installed. Elevator(s)must be made available if more than one story. If no elevator is available, delivery will be made to the ground floor,or additional delivery fees may be negotiated. Department(1qt '" 1 "iia The e artrne€�t of Management Services for the State of Florida. S provides administrative support for state agencies and state employees. Eligible User of the tract® Eligible,users are defined in Rule 60A-1.005,Florida Adstrative Code .A.C.) as: (i) all 34 State agencies,(i )all ether governmental agencies,as defined in Section 163.3164,Florida Statutes,which have a physical presence in the State of Florida., and(iii)any independent,nonprofit college or umversity located in Florida and accredited byte Southern Association of Colleges and Schools. Specific Authority ity 2 47. 42 (12)FS. .Lawv Implemented 287012 (12)F.S. History—New -24-04. Environmentally refers le Product e A product or service that has a lesser or reduced effect on human Mae of 431 Brenda Wells,CPP13,FCPM,FCPA,FCCM Purchasing Analyst, Team Lead State of Florida Interior Design License#0002922 Department of Management Services Division of State Purchasing 4050 Esplanade Way, Suite 360 Tallahassee,Florida 32399 Telephone: (850)488-6904 Fax: (850)414-6122 1-,1orida.co.rr,1,. "Ema. ret aAVc1`s, ............ 3. 4 Who May Respond The Department seeks Responses from manufacturers holding current Federal(GSA)Contracts for products offered on this Contract. Though the Department intends to contract directly with manufacturers,the Department encourages the participation of certified minority business enterprises (CMBE). Information on C is available from the Office of Supplier Diversity at"I'llu 11"I" t,',.',�,,,,,,',,"�l,( !",�l,�-�,.� tatc,fl_,,:�s. ., _.........................—1-------I..............."I'll, Each Respondent must be authorized to conduct business with the State of Florida, and possess the experience and personnel resources to provide the products and services described in this ITB. The Department retains the right to request additional information pertaining to the Respondent's ability and qualifications to accomplish all services described in this IT as deemed necessary during the IT or after contract award. 3.5 MyFloridaMarketPlace Overview The Department uses the MyFloridaMarketPlace system(MFMP)to receive Responses electronically. This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at. If you have not registered or have requested a registration update, please that a minimum of forty-eight (48) hours will be required for access to the MyFloridaMarketPlace Sourcing Tool. Completion of this registration is mandatory for those Vendors who wish to submit a Response. 3.5.2 MvFtori daMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool at: �"PrOXcq'idzu ad �Jlgcf'!,_CO_Dfl�. Optional training on how to respond to this solicitation electronically -I ------------- While training is optional, If 'W 'Pivlrhior sollrjaajon I elpj� is offered at: I'Mi ............ we strongly recommend you take advantage of this offer. Download and review the document titled"IT 13 Event User Guide." • For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or: veigdorh.Cfiv!_t -—---------------- - - - • For additional information or assistance on using the Sourcing Tool,please visit the MyFloridaMarketPlace website at the following link: helb".hirri. ............ ——-------- This site includes: a. Solicitation User Guides b. On Demand web-based Sourcing training link c. WinZip FAQs d. Vendor FAQs C. 3.5.3 MyFloridaMarketPlace Sourcing Tool Tips When working in the MyFloridaMarketPlace Sourcing Tool, be aware of the twenty(20)minute time-out function in the tool. This means that you should save your work(click the SAVE button) at intervals of less than twenty(20) Ragee 26 87 of 431 Respondent is responsible for monitoring the MyFloridaMarketPlace system for new or changing information. The Department shall not be bound by any verbal information or by any written information that is not either contained within the solicitation documents or formally noticed and issued by the ITI3 sole point of contact.Questions shall not constitute formal protest of the specifications or of the solicitation. The formal protest process is described in Section 2.20 Protests. ® Amendments or Adde tot Solicitation Documents The Department reserves the right to issue amendments or addendums to the solicitation. Notice of any amendment or addendum will be posted within the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the solicitation. Each Respondent is responsible for monitoring the sites fornew or changing information concerning this solicitation. 3.7 Order of Precedence Respondents are encouraged to carefully review all materials contained herein and prepare responses accordingly. In the event any conflict exists between the Special and General Instructions,the Special Instructions shall prevail. In the event any conflict exists between the Special and General Conditions,the Special Conditions shall prevail. This Section, 3.7, supersedes and replaces Section 2.4, General Instructions Terms and Conditions, All responses arc subject to the terms of the following sections of this ITI3 which, in case of conflict, shall have the order of precedence listed: a) Introduction b) Special Contract Conditions c) Special Instructions To Respondents d) General Contract Conditions (PUR 1000) c) General Instruction to Respondents(PUR 100 1) f) Price Sheets g) Forms The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In submitting its Response,the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for any offers associated with the additional terms or conditions. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response,may be grounds for rejecting a Response. 3® Submittal of Response Respondents shall submit their offer online via the MyFloridaMarketPlace Sourcing Tool at: tolat C 0'�i f, . ........................ ............... OFFERS MUST BE SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE AND TIME SPECIFIED ON THE EVENT TIMELINE. Offers not submitted within MvFloridaMarketPlaces hall be rejecte . The Department shall not consider late offers and the Sourcing Tool will NOT accept offers after the closing date and time specified in the Event Timeline or as amended by the Department. Each Respondent is responsible for ensuring that its response is submitted at the proper time. In the event a Respondent submits more than one response in the MyFloridaMarketPlace Sourcing Tool,n the last Response received by the system shall be considered for award. Previous responses will not be visible to the State of Florida. The Response Preparation Checklist is provided to assist submittal but does not relieve the Respondent of responsibility for ensuring that all Requirements of the ITB are included with the Response submittal. The following documents must be uploaded into the es net's Resoonse within the MyFloridaMarketPlace Sourci9g.TooI*-, I. Price Sheet Rgeae 2 8 88 of 431 Response containing the required savings information offered to the State of Florida. The Savings/Price Reductions Form will be submitted electronically using the MFMP Sourcing Tool,per Section 3.5 of the solicitation. This document must be uoloadedinto Respondent's Reslionse_wi _ i ) lori a ar et lace. Fa C re to eMo 4 ,with this requirement may result i rs ltralificattorr oC es o ca 3.8.5 pro uct List For (Section 786) The Product List Form is an example of ftimiture products offered under this ITl3 which will be available on the State of Florida Office Furniture&Files Contract. Eligible users of this Contract will e able to view the contractors name for each listing checked on the State Purchasing Contract website. This document must ba_14oaded into e oft rrt's es once it i Flor►__a1�_ tP ace®. wMMMM.. Failure to co 1�� with this rLuire en aN. result in &,qualification ofes o se. 38 .6 Certification of Drug-Free Workplace Form (Section 7.3) Respondents shall submit one (1) accurately completed Certification of Drug-Free Workplace Form with their Response certifying the Despondent has a drug-free workplace program. The Certification of rug-Free Workplace Form will be submitted electronically using the MFMP Sourcing Tool,per Section 3.5 of the solicitation. This document must be uoloaded into es�o a is e o se_within N' tori a ar et lace. Failure to co + with this requirement % result in disqualificationof Resl-.)onse. 3.9 Puc ase Orders or Invoices for Reference All Respondents shall furnish a minimum of three(3)projects sold to"Eli_gi le Users" (see Definitions, Section 3.1) completed in Florida in the last 24 months including the name of the Customer responsible personnel and phone number where this specific type of furniture is installed. Copies of the purchase orders or invoices must be legible and identify the date, Customer, specific furniture type and price. Three (3)purchase orders or invoices shall be submitted w`t the mailed Responses and received by the contact person no later than the Deadline to submit Response. The State of Florida reserves the right to contact the customer regarding the services provided. Failure to co_ t)lv with this reIt►ire rr s all res l isc.lualiicetiarr�cr esf_ s . 3.10 Environmental Requirements The State of Florida is committed to reducing waste and promoting energy conservation. Tot at effort,Respondents responding to this ITB are required to meet minimum recycled content standards AND to submit information relating to their company's environmental policy and implementation process. 1. Respondents shall submit a detailed enviromnental policy. This policy shall explain theRespondent's environmental mission and shall include detailed information on initiatives or procedures related to the realization of the environincrital.mission, for example: Pollution prevention opportunities Disposal of solid and/or hazardous waste Energy conservation Recycling of scrap Water conservation Health and safety issues Green House Gas(GHG)reductions Community involvement Environmentally preferable products ( FTs) are listed for this Contract on the Florida Climate Friendly Products List,pursuant to Executive Order 7-126, titled "Leadership by Example: Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State Government". Upon award, Contractors will be encouraged to submit a list of their qualifying products for review and posting to the Florida Climate- Friendly Preferred Products List. The current list can be viewed at the following DMS website link: . Respondent shall submit any prepared and/or approved documentation or certifications for GSA products submitted in relation to the BIFMA Sustainability Guidelines BIFMA level T Certification from Scientific Certification Systems (SCS), ISO 14001, and EPA Comprehensive Procurement Guidelines. If awarded, Respondents shall provide a link to this information on the State Contract Web Page as Page 3 Page 89 of 431 It is vital that small, minority, women-owned and veteran-owned business enterprises participate in the State's procurement process as both prime Contractors and Subcontractors under prime Contracts. Small, minority, and women-owned businesses are strongly encouraged to submit replies to this solicitation, The Contractor shall submit documentation addressing Diversity and describing the efforts being made to encourage the participation of small,minority,women-owned and veteran-owned businesses.Information on Certified Minority Business Enterprises(CMBE)is available from the Office of Supplier Diversity at: n4.)nda, vf �C"'I n ofl, er i uj ar­­n 3.14.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our enviromirent. The Department encourages the Contractor to submit asp of any response the Contractor's plan to support the procurement of products and materials with recycled content. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Contractor's company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.14.3 Certification of Drug-Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie bids are received, preference shall be given to a response received from a Respondent that certifies it has implemented a drag-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program using the Certification of Drug-Free Workplace form included in Section 7.4 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. 3.14.4 Products Available from the Blind or Other Handicapped(RESPECT) The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency forte blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set for in Section 411AINI) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned, Additional information about the designated I 0" ida,or- nonprofit agency and the products it offers is available at htrp-"1�yww"t ;pecw� _ .&J or The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.14.5 Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946,515(2), and (4), F.&9- and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation arc concerned. Additional information about PRIDE and the products it offers is available athtiq,;:/,w T lqq:o, The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.15 Basis for Award Award shall be made statewide for each manufacturer's office famit product offering currently available on GSA schedule. The Department intends to award to responsible vendor per brand offering GSA pricing or better, Respondents Re ge 32 A90 of 431 4.17 Governmental Restrictions 4.18 Lobbying and Integrity 4.19 Indemnification 4.20 Limitation of Liability 4.21 Suspension of Work 4.22 Termination for Convenicnee 4.23 Termination for Cause 4.24 Force Majeure,Notice of Delay, and No arra es for Delay 4.25 Changes 4.26 Renewal 4.27 -Purchase Order Duration 4.28 Advertising 4.29 Assignment 4.30 Antitrust Assignment 4.31 Dispute Resolution 4.32 Employees, Subcontractors, and Agents 4.33 Security and Confidentiality 4.34 Contractor Employees, Subcon tractors,and Other Agents 4.35 Insurance Requirements 4.36 Warranty of Authority 4.37 Warranty of Ability to Pei-form 4.38 Notices 4.39 Leases and Installment Purchases 4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 4.41 Products Available From the Blind or Other Handicapped 4.42 Modification of'Perms 4.43 Cooperative Purchasing 4.44 Waiver 4.45 Annual Appropriations 4.46 Execution in Counterparts 4.47 Severability 4.1 Definitions The definitions contained in s. 60A-1.001, F. .C. shall apply to this agreement. 'rhe following additional terms are also defined: (a)"Contract"nwans the legally cnforceable agreement that results from a successful solicitation, The parties to the Contract will be the Custorner and Cotittactor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive cornmoditics or contractual services pursuant to to contract or that orders commodities or contractual seniices via purchase order or other contractual instrunictitfrom the Contractorunder the Contract. The "Custornef' may also be the "Buyee, as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product"means any deliverable under the Contract, which may iticlude commodities, services,technology or softare. (d)"Parch ase order"me its the forni.or fora-iat a Customer uses to make a purchase under the Contract(e.g.,a fortnal written purchase order, elect runic purchase order,procurement card, contract or other authorized means). 4.2 Purchase Orders Pa­e 34 Pare 91 of 431 4.7 Inspection at Contractor's Site The Customer reserves the right to inspect, at any reasonable tiara with prior notice, the equipment or product or plant or other facilities of as Contractor tca assess conformity with Contract requirements and to determine whether trey are adequate and Stlitable for proper and effective(.7ontract perlonnance. 4.8 Safety Standards All manafil(AL11-ed items and Eabricated assemblies sul.aject to operation tinder prcssure,,of.)eration by connection to an electric source, or operation involving connection to as manufactured, natural, or LP gas source shall be CODstructed and approved in a Manner acceptable to the appropriate State inspector. Acceptability custornarily requires, at a mininaurn., identification inarlsing(A'thc appropriate safety standard organization, where such approvals(if listings have been established for the type of7device offered and furnished, fbr example- the American Society of Mechanical Engineers for pressure vessels-, the 113nderwriters Laboratories and/or National Flectrical Manufacturers" Association for electrically operated assemblies, and the A:mcrican Gas Association for gas-operated aasseembliess. In addition, all iterns furnished shall tneet all applicable requirements of the Occupational Safety and Health Act and state and federal.requirements relating to clean air and water pollution. 4.9 Americans wi.th Disabilities Act Conti-actors should tileirtify any products, that may be used or adapted for use by visually, hearing, or other phlysically irripairLd individuals. 4_10 Literature LJpon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules,catalogs, descriptive brochures, etc. 4J 1 1'ransportation and Delivery prices shall include,all charges for packing,handling.freight,distribution.and inside delivery. Transportation ofgoods Shall be FOB Destinatic)n to any point within thirty (30) days after the CUStOrrier places an rder. A Cbn tractor., within tive (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidenceof inability or intentional delay's shall be cause for Contract cancellation and Contractor suspension. 4.12 Installation Wherinstallation.is required,Contractor shall be responsible for placing and installing the pry duct in the required locations at no additional charge, unless otherwise designated on.the Contrast or purchase order. Contractor's autliori zed prod act and price list shall clearly arid separately identify any additional installation charges, All materials used in the ins tallati on.shall. be of good quality and shall be free or defects that would dirninish the appearance of the roductor render it StrUcturally or r.11 P operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or r�eplace the product in the proper location. ('ontractor shall protect the site frorn darnage and shall repair damages or injury caused during installation by Contractor or its employees or agcnts. If any alteration,dismantling,excavation,etc.,is required to achieve installation., the i..','onfractor shall prorriptl'v restore the structure or site to its original condition. Contractor shall perforr.n. installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon.completion of the installation, the location and SlUrrOUnding area of work sha ll. be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order-. 4.13 Risk of 1,oss Matters of inspection and acceptance are addressed in s. 215.422,F.S. Until acceptance, risk of loss or damage shall.remain with the Contractor, 'The Contractor shall be responsible for filing, processing. and collecting all damage clanns. To assist the Contractor with darnage claims.the Custorner shall- record any evidence of visible darn kgc on all copies of the deliveiing icarrier's Bill. of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the earricr,s Bill of Ladiriganddamagre inspection report, When a Customer rej ects a product, Contractor shall remove it from. the prernises within ten days after notification or rejection, T.Jpion rejection notification, the:. risk of loss of rejected or non- conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within. ten days shall. be deerned abandoned by the Contractor'.and the C.astomer shallhave the right to dispose of it as its own.property. Contractor shall reimburse the Custotner for costs and expenses incurred in storing or effecting rernoval or disposition of rejected Page 36 Page 92 of 431 benefit of, or at the direction or request of,any State officer or employee. For purposes of clause (2),"gratuity"means any payment of more than nominal monetary value in the for of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions,advances,deposits of money, services,employment,or contracts of any kind. Upon request oft e Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include,but shall not be limited to,the Contractor's business or financial records,documents,or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1)three years after the expiration of the Contract or(2)the period required by the General Records Schedules maintained by the Florida Department of to (available at: ffl.is,dos '-,ians-Ohed,l wn,j. The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms oft is or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses.- and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19 Indemnification The Contractor shall be fully liable forte actions of its agents, employees, partners, or subcontractors and shall fully indemnify,defend,and hold harmless the to and Customers,and their officers,agents,and employees,from suits,actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole ori part by Contractor, its agents, employees, partners,or subcontractors,provided,however,that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission oft e State or a Customer. Further, the Contractor shall folly indermlify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor rnay at its sole expense procure fort Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor(1)written notice of any action or threatened action, (2)the opportunity to take over and settle or defend any such action at Contractor's sole expense, and(3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent,which shall not be unreasonably withheld. 4.20 Limitation of Liability For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000,the dollar amount of the contract or purchase order,or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back®u data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available tothem at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for darnages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. Page 39 Page 93 of 431 4.25 Changes The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications,provided that such changes are within the general scope oft Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld, If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26 Renewal Upon mutual agreement,the Customer and the Contractor may renew the Contract,in whole or in part,for a period that may not exceed 3 years or the to of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. ® Purchase Order Duration Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's to to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state to or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance byte Contractor, and all terms and conditions of the state to or agency contract shall apply tote single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state to or agency contract. For example, if a state to contract calls for delivery 30 days after receipt of order(ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract,the Contractor will accept the order. However,if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state to contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state to contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of cornmoditics or performance of services shall not exceed the expiration of the state to or agency contract by more than twelve months. However, if an extended pricing plan offered in the state to or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govem the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified to and performance by the Contractor, and all terms and conditions of the state to or agency contract shall apply to the recurring delivery/perfon-nance as provided herein,and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state to or agency contract if the underlying contract expires prior tathe effective date of the renewal. 4.28 Advertising Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description oft e Contract or the name of the State or the Customer in any material published, either in print or electronically,to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers,resellers,or service representative. 4.29 Assignment The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant tote Contract, without the prior written consent of the Customer. In the event of any Pe4ge0 A94 of 431 a material obligation of the Contractor.Upon request,the Contractor shall provide certificate of insurance.The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract.All insurance policies shall bet ou insurers authorized or eligible to to policies in Florida. 4.36 Warranty of Authority Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending orthreatened action, proceeding, or investigation,or any other legal or financial condition,that would in any way prohibit,restrain,or diminish the Contractor's ability to satisfy its Contract obligations.The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar list maintained by any other state or the federal government, The Contractor shall imiriediately notify the Customer in writing if its ability to perform is compromised in any manner during the to of the Contract. 4.38 Notices All notices required under the Contract shall be delivered by certified mail,return receipt requested,by reputable air courier service,or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer.Notices to the Contractor shall be delivered to the person who signs the Contract.Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4.39 Leases and Installment Purchases Prior approval of the Chief Financial Officer(as defined in Section 17.00 1,F.S.)is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 4® Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE) Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of,or required to carry out,the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE)in the same manner and under the same procedures set forth in section 946.515(2)and(4)of the Florida Statutes,- and for purposes of the Contract the person,firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation arc concerned." Additional information about PRIDE and the products it offers is available at 4.41 Products Available from the Blind or Other Handicapped Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413,Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(t) and (2), Florida Statutes; and for purposes of this contract the person,firm,or other business entity carrying out the provisions of this contract shall be deemed to be substituted forte State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at 4.42 Modification of Terms The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's Ragee 42 95 of 431 CONTENTS: 5.1 Eligible Products 5.2 Exclusions 5.3 Qualifications 5.4 Doing Business with the State 5.5 Ethical Business Practices 5�6 Sales Requirement 5.7 Quarterly Contract Sales Summary Requirement 5.8 Purchasing Card Program 5®9 Preferred Pricing Compliance 5.10 Prices/Discounts 5.11 Balance-of-Line Price/Product 5.12 Fill-in Pricing 5.13 Addition/Delebon of Vrendors and Products Offered 5.14 Quantity Discounts 5.15 Delays Ji, Complaints 5.16 Compliance with Laws 5417 Conformance to Codes 5.18 Delivery Requirements 5.19 Delivery/In sta Hation Recommendations for Steel Files 5.241 Installation Costs/Recon figuration 5.21 Space Planning/Design Fees 5.22 Change Orders 5.23 Contract Revisions 514 Dedicated State Term Contract Website Requirement 515 Myloci daMarketflace(MFMP)Electronic Catalog Requirement 5.26 Requirements of Contractors 5.27 Authorized Servicing Dealers and Manufacturer Representative 5.28 Intellectual Property 5.29 Warranty 5.30 Insurance,Worker's Compensation [The remainder of this page is intentionally left blank(other than footer information)l Page 44 Page 96 of 431 • Total dollar value of purchases per(JUarter differentiating between Eligible User types, State Agencies and Political Subdivisions. • Listing total dollar of Environmentally Prcf�rred Products sales and contract sales throgh Ce uflified Minority rD Business Enterprises. Initiation. and SlUbmissJon of the Contract Sales Summaries are to be the responsibility of the Contractor withoutprorripting ornotification by the ContractManager, The Contractor will submit the completed(_1'(.)ntract Sales Summary forrns by ernail to the Contract Manager as stipukoed. The Department shall distribute, in.electronic to.n-flat, the Contract Sales Surnmary fonns to be used by the Contractor upon Contract Formation, Section 2.17, The Department reserves the rigfu to reqUire Conti-actors to subinit rnore detailed reports as necessary. Reference General Contract Conditions,PUR 1000,Transaction Fee, Section 4.14 for reportifig requirements. Failure to Lwovide a lendar dassfollosvUlt., the end of each ,g_j result in the default.,proceedi eget. 5.8 Purchasing Card Program The State of Florida and numerous Eligible [Jscrs have adopted.and implemented various Purchasing and prograins using different universal card formats (e.g., American Express, MasterCa-rd, and Visa). Accordingly, the Contractor and the Manufacturer's authorized Dealers must have the ability to accept universal card format Purchasing Cards, including American Express,MasterCard, and Visa, during the Contract term. Contractors and Manufacturer's authorized Dealers rnay receive payments from F71ligible Users by universal card format Purchasing Cards in the same mantrer as other credit debit card purchases. t.1niversal.card fon-nat PUrchasing Cards(e.g., American Express..MasterCard, and Visa) acceptance is mandatory, but is not the exclusive rnethod of payment (e.g.. Purchase Ordcr). The method of ordering and payrnent (e.g.,purchase Order,, Purchasing Card) shall be selected by the Elligible User. The Eligible User will not fill cut any Contractor or Manifflacturer"s authorized Dealer fornis or,separate contracts in association with the Contractor orMal.111facturer's authorized Dealer acceptinga Purchasing Card payment, Contractors and Manufacturer's aUthorized Dealers are not allowed to charge a feu; for accepting as Purchasing Card payment. Surcharges orconvenience fees are prohibited. On-line billing orpaythent systems maintained by the Contractor, Manufacturer's authorizcd Dealer, or their respective agent vvsill not store the card holder's narne, account number, and expiratioi-idate for re-use. Card. holders will provide the Contractor or Maratfacturer's authorized Dealer,as applicable, with card account information at each Purchasing Card transaction. 5.9 Preferred Price Compliance In accordance with Chapter 21110-151, Laws of 1,lorida, Section 48(2). the Contractor is required to SUbtrut, at least once during cacti year of the Contract, an Affidavit f"r"om an authorized representative of the Contractor attesting that the Contract is in compliance with Section 44(b), Best Pricing OfTer. Contractor's J.'ailure to cornply with Section 4,4(b)may be grounds for tcrminating the Contract, at the Departynent's sole discretion, The Department shall distribute the Affidavit form to be used by the(2ontractor upon.Contract Formation, Section 2.17. 5.10 Prices/Discounts All pricing shall duplicate GSA price lists and discounts for every item offered. Prices shall be SUbmitted in the forni Of: 1:) discount off manufacturer's current published price list with tile GSA-approved discount structure or better, in effect at the time of bid opening. A copy of your GSA.C,on.tract verifying the price and discount offered rnust be submitted with the Response. AND 2.) The published CASA discounted price lists, in effect at the time of bid opening. Adjustments to address a difference between the GSA industrial Funding Fee and the MyFloridaMarketPlacc'Fransactioii Fee may be listed on the Price Sheet asa percentage ofthe total applicable charge.. andshall not exceed the exact difference of the two fees (25%). Referenice General Conditions (PUR 1004)), Section 4.14 Transaction Fee Reports for additional information. Paue 46 6 - Page 97 of 431 5.18 Delivery Requirements The delivery requirements below ares eci c to this contract. Reference General Contract Conditions,PUR 1000, paragraph 4.11 for additional information. Delivery and shipping costs shall mirror charges as approved by GSA. All charges for freight, delivery, and installation shall be noted on the Price Sheet(s), Section 6.1. The Department reserves the right to reject any additional charges. Delivery of all contract items (with the exception of special finish, custom fabric,or customized orders) is required within 90 days from receipt of purchase order containing complete ordering information(contract number,commodity number, item description,manufacturer's model number and street delivery address(not Post Office Box)). 1tis hkh!y recommended that the Agene-) co fir er and servicingdeal iFWr—ders are sent direeth tothe manufacturer, a servici and the time frame. Any known factors (including vacation period, factory inventory, etc.)that may disrupt this delivery schedule must be clearly presented tothe Customer along with the specific information on how orders will be processed during such periods. Delay in delivery beyond the time specified must bejustified to the ordering agency, in writing, and if required, the Contractor shall provide temporary furniture on a rent-free basis. Furthermore, items not delivered within the required delivery schedule may result inthe Contractor being found in default byte Department in accordance with contract conditions. 5.19 Delivery/Installation Recommendations for Steel Files The stability of steel files is assured if they are property installed and loaded,therefore THE STATE OF FLORIDA HIGHLY ftECOMMENDS users to consider purchasing steel files "DELIVERED AND INSTALLED" from the approved manufacturer. If steel files are ordered"Drop-ship"or"Delivered Not Installed"; it is highly recommended that the user note on the order to the Contractor or servicing dealer that a delivery carrier must be equipped with a way to remove the files from the track (see"Drop-ship"or"Delivered Not Installed"trader Section 3.1 Delivery Methods–Definitions of Terms). Follow the instructions that are shipped with the files to ensure that they are properly installed to provide safe performance. Instructions should include information about leveling files and ganging files together. Counterbalance for lateral file units is recommended unless cabinets are ganged from most manufacturers.There may be an additional charge.for counterbalance. ® Installation Costs/Reconfiguration Installation charges shall be listed as a per-item fee,percentage of price fee,or negotiable on the price sheets. Installing agent shall be responsible for receipt, inspection, and assembly of items at the location listed on the purchase order. The installation charges shall also apply to any required reconfiguration of systems furniture during the to m- of the contract. 5.21 Space Planning/Design Fees Space planning fees for systems and modular furniture shall be listed as an hourly fee,percentage of price fee or negotiable per project on the price sheet, Customer shall approve space planning or design fees in writing prior to any services being performed by the Contractor or servicing dealer. 5.22 Change Orders Issuance of a purchase order under a contract resulting from this Response is a binding agreement. Purchasers should carefully check the accuracy of the order. Change orders or revisions are thereafter subject tothe following: V All requests for changes must be submitted in written form or entered inthe Ariba System(per format of the purchase order). Changes inthe number of units(additions or deletions), commodity number, description, features of colors can only be made subject tothe approval of the Contractor. Changes or revisions in the method of delivery or the designated delivery destination can only be made subject to the approval of the Contractor. Multiple delivery points must be clearly indicated on the purchase order. When multiple delivery locations are required, enter"See Below" in the"Ship To"box on the purchase order. List delivery locations and Page 48 Page 98 of 431 The Department shall link the Contractor's�veb page and Price Sheet(Section 6. )to the contract site; i ,6,fr,a.,c . Approved revised Price Sheets) from e Contractor will be sent teat e Contract tract anager in Microsoft Word version for posting to the contract site.. Contractors shall develop and maintain a State Contract Web Page on the Internet WWW to post approved contract information to enable access to and ordering of Customers' specific items. The Contractor's web page will be linked from the State Contract website and dedicated to the State of Florida Contract" Contractors tractors are responsible for maintaining the contract information below through.their State Contract Web Page for the life of the contract. Each Contractor's State Contract Web Page must include the following information: + Ordering Instructions Authorized Servicing Dealers&Manufacturer Representative 4- Commercial Price Book or GSA Price Book,PDF or HTML gt Environmental Requirements Recycled Content Requirement + Additional links may be included to access additional product literature,the Contractor's home page, or any other pertinent information. Any revisions to the originally approved contract information st be authorized in writing byte Department prior to implementation.If unauthorized information is discovered within the site,the contract link may be iminediatel y stl§2 until the information_ yis ai, ,ygpriat ly revised„ or until the contract is terat dw Except in the event of unforeseen technological interruptions or fauces of nature, continued isr 'o of service or inadequate access may be grounds for default proceedings or contract termination. Final award is contingent on comLiletion of submitted Universal Resource Locator 1 fort e State Term Contract Web P 5ee .._vet Timeline. 5.25 Myr, ori a a et lace )Electronic Catalog a uire a . The MyFloridaMarketPlace (" F P")third-party service provider is responsible for converting Contract catalog information into a formal supported by the system. To accomplish this conversion,the Contractor, if requested, shall provide certain information in electronic format directly to the service provider site; This foe at is generally Microsoft Excel"'.). Within tett(10)business days of written notice from the MFMP service provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information ay include,but is not limited to, Contractor Name,Manufacturer I Brand Name, SKU, Commodity Descri tion,unit of measure. Contractor shall provide this information int e format required byte MFMP service provider. No coasts or expenses associated with providing this information shall be charged to the State,Department, Eligible Users, or MFMP service provider. With the Contractor's timely assistance,the MFMP service providers all create and maintain web-based placement of the requested Contract information. Final award is conti t on completion of and submittal of MvEloridaMarketPlace electronic ca a o°gin See Event Timeline. 5.26 Requirements of Contractors 4'# Printed paper copies of this contract will not be automatically distributed to contractors or users. Contractors carr vier their current contract through the State Purchasing website at h�' i n llu cr . _ � , , ,� -.*e Color brochures and fabric/finish cards must be provided to all users upon request. 46 All price lists and literature will be provided at no charge to the Department or Customers. The Department shall review and approve all literature,price lists, and promotional materials before distribution to agencies and political subdivisions. Failure to cos plv with these r gpiree ts�ay result in default ta�o� lrlgs andlcar contract termination. gee 99 of 431 CONTENTS 6.1 Price Sheet remainder of this is intentionally left blank( ter than footer information) age 52 Page 100 of 431 MM , "j", Respondent's Name: i _ ....mmmmm. . . Respondent's Brand Name: ----------------- Price List Name/Number/Date specific;): Series Bid: Each series shall be listed separately by name and/or number. State of Florida Discount. State of Florida anti Discount Tiers' Isco ntz 4 %j' Offered3(##.##a/.) Offer Status" [Qu[Example: $0- $5,000] 50.00% 49.75% [Example: $5,000 $10,0001 50.00% 49.00% [ x ple: $10,000 - $25,000] 50.00% 50.25% I �E 1 i i i j 7Additional Quantity Discounts: [List additional discounts applicable to any Single Order of any combination of awarded contract items to be delivered at one time to one destination.] Page 54 Page 101 of 431 SECTION SEVEN: CONTENTS: .1 Ordering Instructions Fcar 7.2 Aut ori e Servicing Dealer fact rer Representatives Form 7.3 Certification of Drug-Free Workplace Program 7.4 QuarterlySales Report Form 7.5 Savings/Price Reductions Form Page 5 Page 102 of 431 RESPONDENT [Enter Respondent's Federal Employer Identification Number] FEID NO.: wa . MFMP/ MFMP S R NO : [Enter Respondent's MF /SPURS Vendor Number, it Known] VENDSTREET ASS [Enter Respondent's Street Address] CITE, STAT and _..�..i ZIT [EnterRespondent's City, State and ZIP] INTERNET [Enter Respondent's Internet Address] ADDRESS: TELEPHONE Ne: [Enter Respondent's Main Telephone Number] TOLL-FREE „ [Enter Respondent's Main Toll-Free Telephone Number,'!if Available] FAX NO.: [Enter Respondent's Main Fax Number] - Person]responsible For Administering The Contract NAME: [Enter Contact's Name] TITLE. [Enter Contact's Title] STREET ADDRESS: [Enter Contact's Street Address] ---------------- CITY, STATEAd [Enter Contact's City,State and ZIP;] ZIP: E-MAIL ADDRESS: [Enter Contact's E-Mail Address] TELEPHONE NO.: [Enter C'ontact's Telephone Number] TOLL-FREE C.I.: [Enter Contact's Toll-Free Telephone Number,if Available} CELL PHONE N .. [Enter Contact's Cell Phone Number(Optional)] FAX O.: [Enter Contact's Fax lumber] Ordering and it- Information lease provide information where Customers s ou irec orders.You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically,you may also provide an Internet Address. REMIT-TO: [Enter Respondent's Remit-To Name] Or LED-ter"See Servicing Dealer List" REMIT-TO STREET [Enter Respondent's Remit-To Street Address] ADDRESS: REMIT-TO CITY, [Enter Respondent's Remit-To City, State and ZIP] STATE and ZIP: REMIT-TO EMAIL and/or INTERNET [Enter Respondent's Remit-To Email and/or INTERNET Address] ADDRESS: Note: Please niake sure the Ordering Instructions information provided above matches the MyFlorldaMarketPlace C d, " 'ender Registration account information (l .j.):/ ve dor.m% l id ar etlilace.com,s- ..�._.__ �,. __ _____ ,,. PLEASE DUPLICATE ON ADDITIONAL TA S IF NEEDED. Page 5 Page 103 of 431 Certification of t � Section 27°087 of the Florida Statutes provides that, where identical tie bis are received, preference shall be given to a bid received from a bidder that certifies it has implemented ente a drtig®free workforce program. Please sign below and return this forin to certify that your business has a drug-free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace andspecifying the actions that will be taken against employees for violations of such prohibitions 2) Inform employees about the dangers ofdrug abuse in the workplace, the business's policy of maintaining a -free workplace,any available drug counseling,rehabilitation and employee assistance programs and the penalties that may bei posed upon employees for drug abuse violations. 3) Clive each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law oft e United States or any State, for a violation occurring in the workplace no later than five ( ) days after such conviction. ) Impose a sanction can, 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. False statements are punishable at law. BIDDER'S NAME: ✓ .... ... ....................... ......... ......... ____. .... .. ............................. ..... .,.,....__ ... ,___........... Authorized Signature Print Name and Title Page 60 Page 104 of 431 ........ .. ..... _._ _.__ Sales State Term Contract Commodity/serviceateLrrry I Quantity P-Card P' O./D.0. 1 (a listen on the Contract ge��cytEli i6le UserTotalPayments € Payrnertts Total sales s ......._.---- _.__._s_..._.. ............... _._..............__ ... ._._.. ....._.r..... Detail commodity/service category, and/or by customer. May be formatted to accommodate company reporting system. Page 62 Page 105 of 431 PRODtJC'F LIST FORM: Section 7.6 The Product 1-lst:l orrau is an example of flirnialre products offered under r this Solicitation which will be available on the State ofFlorida Office Fu nfituzre and Files :ontract. Please check.the products, you offer. MANUFACT(JRER NAME: SYSTEMS FUS T US EATING pen Office Systems F urnituur [ ]l argon n-iic 'Seat in [:]Desking Systems ....�Taask Seating ]Ccaraauuuaaarlu:aations Ctr. Workstations Multi-Shift Seating E]Sracicing Open Office Systems ...]Big & Tall Seating [_] l or-to-tl fling Partitions []Bi & TallMulti-Shift [ ] "raraapu.utcr Stations F]'Executive Seating [-]Side Chairs E]L,a uunge Seating, �..........ITraining Room Seating SStack Chairs NAG EMENT [] iulti-Puarpos Seating fsparch/91 1 [:]Wood Searing, 01-AN Furniture [:]Conferenec or training chairs Server Racks ElLat real :11 s-Metaal CASEGOODS K.clA-aoa.rd Suapprarts [:] ,x cu:utly =g ''ood Office Furniture F] 'able Management �L,arrnnaate Office u F u�uatu:�rc F]CAD Workstations stations [ ]Metal Office Furniture a!4juustable Height Work Suarf c s D(:;oni paater Desks :r rraacaru.,aic Accessories Df.,aminate Bookcases [—]Wood Files ' f..a S/ST d (' "ood.Bookcases .-at razl Files -- Steel OVertical Files - Steel CONFERENCE/TRAINtNG /PUBLIC AREA 01-aat raal Files-Wood "l:raluufra Tables E]Vertical Files-Metal. [—]Wood 1onfera"nce fables F]Vertical Files-Wood 00ccasionaal 'fables nf;lreproof Files nL_ara inat Cont"crence Tables DPIl' ata Storage [ ..ILaarrasraaate Conf r nce Accessories [:]Metal Storage Cabinets Df r sentaation Accessories [:]Plan Storage OComputer Train in 'Fables [jMedia Storage []Mulri-Purpose Tables DShelvirq;/Personal Storage EI uudio/ "lsuuaul Accessories []Conference Storage S: Traaining Storage ]Reception Desks Page 6 Page 106 of 431 ADDENDUM NO. I State of Florida Department of Management Services INVITATION TO BID (" " ITB ) 17-425-001-F Office Furniture and Files lanuap The Department hereby answers Questions posted by interested Vendors, and provides additional guidance for completing Price Sheets. Unless expressly indicated, the answers included herein do nota end the terms of the solicitation documents. Failure to file a protest within the time prescribed in §120.57(3), Florida Statutes, or failure to file a on or other security within the time allowed for filing a on shall constitute a waiver of proceedings under chapter 120, Florida Statutes Please Note: This addendum does not need to be returned with the Response. Question No. 1 Due to restructuring within our company, our current GSA contract is scheduled to expire this year. However, our parent company intends to secure a new GSA contract under the parent company's name and FID #. If awarded a contract with the State of Florida, are we abI e to transfer the Florida contract to the new GSA contract awarded to our parent company at the prices on the new GSA contract? Answer o.1. Awarded Contractors may request revisions at any time during the contract term in accordance with Prices/Discount, Section 5.1 0, Addition/Deletion of Vendors and Products Offered, Section 5.13 and Contract Revisions, Section 5.23. Question No. 2 Can a vendor/manufacturer be included on 2 contracts? Example: if a vendor has an E&I contract which does not include conferencing and desk, will this vendor be able to submit those products on this contract? Thanks Answer No. 2 Yes, a vendor can be included on two contracts; however, the products must not be in conflict. Please reference Basis for Award, Section 3.15 and Eligible Products, Section 5.1. Question No. 3 Good afternoon, I would like to respond to this bid, however, I do not see anywhere in this package an itemized list indicating product, descriptions and quanitities. Will there be a separate addendum? Answer No. 3 No. The contract resulting from this solicitation is a state to contract and will be used for many projects throughout the state. Specific project requirements will be provided by contract customers, per project. Please reference Introduction, Section 1.1. Question No. 4 1 notice that only Manufacturers who hold a GSA Contract can submit a bid. Does the GSA Contract held at the time of submitting a bid have to remain in effect for the entire term of the Florida Contract? Answer No. 4 Awarded Contractors may request price and product changes at any time during the contract term in accordance with Prices/Discount, Section 5.10, Addition/Deletion of Vendors and Products Offered, Section 5.13 and Contract Revisions, Section 5.23. IT 17-425-001-F; Office Furniture and Files: Addendum No.I Page 107 of 431 question is can I bid on the Florida contract?All the pricing will be the same whether you purchase from me or direct through Ergonomic Office Chairs. I would appreciate your input. Thank you very much and have a good day. Answer o.11 Please reference Who May Respond, Section 3.4. Question No.12 Can you tell me where the Prepare Response button is located? It is not at the to oft e page, thank you very much. Answer o.1 Please refer to Answer#10. Question No.13 Good morning, Are all manufacturers eligible that meet the GSA and state specs? Answer o.1 Please reference Who May Respond, Section 3.4 and Basis for Award, Section 3.15. Question No.14 Good morning, Will you need a seperate product list for each manufacturer? Answer o.1 Yes. Please reference Submittal of Response, Section 3.8. Question No.15 Good morning, In order to give you pricing I will need more specs on the product list form. There are no specifications about size, finish or needs. Will you publish a specs eet? Answer o.1 No. Please refer to Answer#3. Question No.16 Section 4.11 Transportation and Delivery -Will the order acknowledgement with the actual ship date be satisfactory to comply with potentional delivery delays beyond the 30 day requirement notification? Answer o,16 Section 5.18 Delivery Requirements takes precedence over Section 4.11. Section 5.18 specifies 90 days delivery for furniture. Delays must be clearly presented tote Customer and justified tothe ordering agency in writing. If a delay is noted on the Order acknowledgement, it is the responsibility of the manufacturer or servicing dealer to notify this delay to the Customer and obtain acceptance. Question No.17 Section 4.4 (d)Trade-in. Please confirm that the term equipment is strictly meaning things like copiers and fax machines, etc. Not, furniture. Answer o.17 Trade-in, Section 4.4, paragraph (d) is not applicable for furniture. Please reference Order of Precedence, Section 3.7. Question o.1 5.10 priced iscounts: (Company name removed) is a State of Florida corporation. We manufacture and install Full Height Demountable all systems. We do not have a GSA price list with discount. We have a Miami-Dade County contact for materials, labor and freight included with a discount schedule. Can we provide this contract in lieu of the GSA pricing under 287.042 (16) (a), F.S.? Answer o.1 Please reference Section 3.4, Who May Respond. Responses are requested from manufacturers holding current Federal (GSA) Contracts for products offered on this contract. Section 287.042(16), F.S., references an alternate contract source approval process. This process is separate from this competitive process outlined in Section 287.057 ITB 17-425-001-F;Office Furniture and Files: Addendum No.1 Page 108 of 431 ITB 17-425-001-F Office Furniture and Files Addendum No. 2 The referenced solicitation is amended as follows: The Notice of Intent to Award will be posted on the Vendor Bid System(V S)on May 17, 2011. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN§1.20,57(3),FLORIDA STATUTES, OR FAILURE TO FILE A BOND OR OTHER SECURITY WITHIN THE TIME ALL FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120,FLORIDA STATUTES. Section 1. Event Timeline is amended as follows: ——--—---------------------------------------- Event Timeline Activity for 1TB #17-425-001-F to Notice of Office Furniture & Files solicitation is posted to the Vendor Bid System (V S) and the complete Office Furniture&Files solicitation is posted in the MyFloridaMarketplace December 20, 2010 Sourcing Tool. Solicitation will initially be in "Preview" status where Respondents can view/download all information and ask questions,but cannot input or submit responses. Deadline to submit Questions, or request for specification change via the January 4, 2011 MyFloridaMarketPlace Sourcing tool Q&A Board (Respondents must monitor Message 5 pm ET Board for communications). .............. Department will post Answers to Respondents' questions as ail addendum to the solicitation January 11, 2011 within the MyFloridaMarketPlace Sourcing Tool. Respondents must monitor Message Board for communications. Deadline to submit Response, including all required documents int e January 24, 2011 MyFloridaMarketPlace Sourcing Tool. Utilize the Response Preparation Checklist to 2 pm ET make sure all required documents and responses are completed, (Section 7.7) .......................... ........... Deadline for submittal of State Term Contract dedicated web site URL Address. (Section January 24, 2011 3.12) 2 prn ET Notice of Intent to Award posted on Vendor Bid System(VBS). May 17, 2011 ........... ——---------------- ----—----------------- Deadline for development of eProcurement catalog within MyFloridaMarketPlace. To Be Determined Prior to Contract Award_,____I"',',,", Per Section 2.17 Contract Contract Award Formation ...................... ——---------— Office Furniture and Files March 29, 2011 IT 17-425-001-F Page I of I Addendum No. 2 Page 109 of 431 Office FumitLire and Files May 17, 2011 IT 17-425-001-F Page I of I Addendum No. 3 Page 110 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quan[LIM Blvd. waits 101 201322 P.0, BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE. 07/ru'9/'2,,' VENDOR 10777 SHIP TO: TO: 514I City of Boynton Beach 33 1-CJIGHTS BRID"GE RD ITS DEPARTMENT PISCATAWAY, NJ 08654 3301 QUANTUM BLVD. SUITE 102 BOYNTOIN BEACH, FI, 33426 ................. REQWSITION NO, 76656 T"OR—DERING DEP-A'RTMENT: ITS .. —--------— ............ DA-E NEEDED: 1 * CONTRACT NO COMMISSION APPROVED: .......... ......... EXTENDED -J- "1 C LINE# QUANTITY UO V ITEM NO. AND DESCRIPTION I\T7-.1- � �COST OST I 565 . 00 EA ANTITUAL RENETRAL OF SJBSCRIPTION 2 8500 12345 .25 LICENSE TO CARBON B11 -ack De--'!'ense with cloud management console per Windows desoto p/laptop/serve' rs with premium r,,iaintenance and support. Includes Carbon Black Collect've Defense Cloud. Volume Tier 100-999 Carbon Black - Part#: NG-WIN-PFM-!-Y-'-R-T-! Contract Name: NASPO Sorlware V.A.P. Contract #. ADSPO-! 6-130651 Subcontract #: 43230000-1\71=1SPO-16-ACS--So-�-ware VAR Co'verage Term. 7/22/2020 7/21/2021 RE1LkRKS- RENEW-AL CARBON BLACK DEFENSEIFCENSES ALT CONTRACT #43230000-NASPO-16-ACS-SO1~TIolAPE VAR ..................................... .................. ............ ........ PROCUREMENT SERVICES: (9) P.O. TOTAL: 1234S . 25......... ..................... ........... ACCOCNT NO PROJECT PURCHASING Page 111 of 431 1 , REQUEST FOR PURCHASE OVER $109000 CITY OF BOYNTON BEACH 7/6/2020 Requesting : ITS Contact Person: Stevens Explanation Renewal of r Carbon BlackDefense Licenses. MalwareI virus protection for our PCs an Network. iDollar Amount of Purchase 12,3 5.25 Source- r : Three Written Quotations GSA State contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase other Contract Number: Alt Cont#43230000-NASPO-1 6-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Purchase:Fund Source for 001-1510-513-46-91 Approvals:_ i Department Head Electronically Approved by Johnc I y Date 07/06/2020 ff ------------ Purchasing Agentt l Asst City Manager Date City r ---- t e y- Form Revised 02101102� Page 112 of 431 Pricing Proposal Quotation#: 19095680 Created On: 7/212020 Valid Until: 712112020 ...................................................................................................-.......... City of Boynton Beach Inside Account Manager ----------------- ----------- Charles Stevens Jack Hall 100 E.Boynton each 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: Jack–Hall@shi.com Email: StevensC@bbfl.us All Prices are in US Dollar(USD) Product Oty Your Price Total ......................................... ------------ 1 Annual Renewal of subscription license to Carbon Black Defense with cloud 565 $21.85 $12,345.25 management console per Windows desktopAaptop/servers with premium maintenance and support.Includes Carbon Black Collective Defense Cloud.Volume Tier 100-999 Carbon Black-Part#:NG-W!N-PRM-1Y-R-T1 Contract Name:NASPO Software VAR Contract M ADSP016-130651 Subcontract#:43230000-NASPO-16-ACS-Software VAR Coverage Term:7/22/2020–712112021 Total $12,34525 Additional Comments —––------------......................... Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. 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)744-4OB4.SHI International Corp.is 100%Minority Owned,Woman Owned Business.TAX ID#22-3009648;DUNS#61-1429481;CC R#61-243957G;CAGE 1 HTFO ............ 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 113 of 431 ontr ctors/Software Value Added Reseller /Alternate Contract Source 1 Stag ... Page I of Skip to Main Content Department of Management Services Hoddla De v rtment of K.fin a!.a)entwService > �;in ,� tm erg. Iran State Ptirrhasn > tate Contracts n r rn,nf > it rnar .orrtri t �r,rr r elle rL H r � > Contractors Software Value Added Reseller (SVAR)43230000-NASPO-16-ACS-SVAR Contractors Contractor List Florida CBE Climate Recycled Utilizes Coverage Name Code Friendly Products Authorized Area Preferred Resellers Products CDW Gov rornem A - on- No No No Statewide LLC Minority _. LInsight Pgbric A - on- Noo No tat wi Sector Ire i Minority11 S SI ntern Tonal - o - t ram Minority No o o Statewide https:// ria.dms.myflorida.com/business_operations/state_pureha.sing/state—contracts and... 4W3g4 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.C. #: 201331 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/13/20 VENDOR 506 SHIP TO: TO: CK'S LOCKSHOP & SECURITY CENTE City of Boynton Beach 301 S .E_ 4TH STREET PUBLIC WORKS DEPARTMENT ATTN: ROBERT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 REQUfSIT ION Na. 76694 ORDERING DEPARTMENT: FAC/GM/SKB DATE NEEDED: CONTRACT No. COMMISSION APPROVED: ................. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 55 . 00 DL POLICE DEPARTMENT-2100 HIGH RIDGE 188 , 0000 10340 . 00 RD SFIC Keymark Cylinder. Small Format Key-mark X4 7 Pin IC Cores-Keyed to premise survey form filled out by City. of Boynton Beach-All Keying Done by Medeco. CK Locksmith-Sole Source 2 11 , 00 DL KEYMARK KEY 58 . 0000 638 . 00 Keymark X4 7 Pin Keys Cut 3 80 . 00 DL LABOR-LOCK WORK-DAYTIME 17 . 0000 1360 . 00 Remove Existing Cores & Install New Cores & Test The Locks 4 409 . 00 DL SIMPLEX/UN-FE 10 .0�000 4090 . 00 Simplex Mechanical Push. Button Knob Lock With SFIC Key Override Slam 5 874 . 00 DL SIMPLEX/UN-FE 2 . 0000 1748 . 00 Si. . � ml . ex Mechanical Double Sided Push BUtton Knob Lock with SFIC Key Override Slot 6 80 . 00 DL LA13OR-LOCK WORK DAYTME 9 . 0000 720 . 00 Install Simplex Locks 7 95 . 00 DL SERVICE CALL PALM BEACH 1 . 0000 95. 00 Service Call-Palm. Beach County Shipping7FE: Please allow 4-8 weeks shipping for special order hardware: Soi Restock Fee. Please -note Any additional .......... PROCUREMENT SERVICES: 1_P._0, T0TAL: -—_­----------- ACCOUNT NO. PROJECT 303-1214-580.62-01 TSKID .......... ............................. . PURCHASING Page 115 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. 4: 201331 P.O. BOX 310 BOYNTON EACH, FLORIDA 33425-0310 DATE: 07/13/20 VENDOR 506 SHIP TO: TO: CK' S LOCKSHOP & SECURITY CENTS City of -Boynton Beach 301 S.E. 4TH STREET PUBLIC WORKS DEPARTMENT ATTN: ROBERT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 .. ............. REQUISITION NO. 76694 ORDERING DEPARTMENT: FAC/GM/SKE, - ——------- .................. DATE NEEDED: CONTRACT NO . COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST hardware/material or labor that is needed & not on this quote will be invoiced separately. Payment Terms: 50% Deposit/50%.. Upon Completion RE-MARKS: HIGH SECURTTY LOCKS AT CITY FACILITIES ......... .............. FPROCUREMENT SERVICES: P.O, TOTAL: 18991. 00 ACCOUNT NO. PROJECT 303-1214-580.62-01 TSKID ................... .......... PURCHASING Page 116 of 431 Morone Susan From: Frederiksen, Mara Sent: Monday,July 13, 2020 1:29 PM To: Moroney, Susan Subject- RE: Req 76694 and 76717 approved Mara I-rederiksen 0"" and, S--- ices, D�rector F'410�KA'alg —0� -es FinaincW Servir, -�ach, Floricla 3,34,25 Maflln.,a Addies& P,O, Box,310 Boynitor B,,,. Phvsical Address. 100 E, Ocean Ave, 1 Bovr)"on, Beach., Florida 33435 561-742-6312 Frede,,rikseriM@bbfl,u,'s boynIon-b,,.,ach,,,,.c)rg/ INO-20" Americans with DisabilffiesAct Celebrate flne 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, ernail addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public discosure. From: Moroney,Susan<MoroneyS@bbfl.us> Sent: on ,July 13,2020 11:59 AM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject: FW: Req 76694 and 76717 CK's Lockshop REQS 76694 AND 76717 for your approval Susan Moroney Accounting Technician Temp Financial Services f. Mailing Address. P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 t,. 561-742-6086 Page 117 of 431 0 0 1 cla N I E� E-5 ?4 0 rA m z F4 E4 z ra U to r pq 2H : m n CO wo m LO m C) >1 ad ,4 H QO u H on I a 0 C) 0 C. 0 0 C$ C) to C, �8 ; 0 0 C� C� 9 9 w co r� 0 C13 00 LO 14 CD Fc�q 5 LO C4 LO :9 $4 �4 64 P4 0 I1M P C5 C) C3 0 E4 H F-4 M C9 E4 I ON C) Ln 0 1 LO H 4mh Sas P4 H W n U EA 1 cv 13 0 w U4 -1 X,4 E� WH 0 41 irl 0 Iq �4-14 41 m ED ca d) Ij 1-1 Aj P4 - cd M 04 4-J wR# C4 D4 U 0 N asC3�X pa F4 W 4 rtw S4 pq 1 P441 al w a] ril to CA 09 LOX (d Oca 0 -114 D w 0 N w 9 �x 1114 00 4.'1 ��j t1i H H F-I H 0 Fa 41 f44 H 0 z 04 m m Li -q 0 j.4 H 04 P4 a, 11 04 0 cu .119 w m LTj W Dq pq (d 0 W CA mdwr4Cil 1S t �' CAW 4 MA Ix U 41 ra 41 N u 'r) d CJ a rs 0 U) � -AR 0-H E) 4j �-4 M H H rd EQ > 0 H e W a) >P4 HO IN �Wll n U !a Ln 00 H M MCA Y4(Q QJHW H pq H�4 H W F-I W 0 -,1 r, WHM 04 UP to wa Om 4 cn m 4 Ij 04 m Eq 2cr - 0 p Q3Do 0 u() rl 0) -,1 La PX 80� mp ci ci 4.J.0 H as N Q �.s!OE- pa v its 10 - MOP H m CA°d 0 rA z H WZH 9 o �S4 2H H U Mm a)�: r6 W>w Z H ld> djHX W H2: 0 CJ0 HE _I OH H E 14 to rd. 0 co Id p Omm E E rd >A)4) 00 0�141� 1 .1 0014M Ow m 1-1 m H 0 M 0 w Ii MOP 04OHU -,i Hu X b -9r-4i HO H U -H 0 M XHU �0 '14 Kad HE) X�NG41'44 Dt:�0 04�3 m r- mo s3rho o OU00 %OtDO n�no N $4 �Do E- 0 M04 m R-A w O W MA W H ,4 0-1 M,-I t, 41 4 a) D4 P4 M 04 .4-1 •4 ire >4 .. M .... .® N 9ri q) H 61 04(d 54 SJ 00 Id-A W Ij.0 M W>qp 4�Q C�H E4 0 C, 0 X 0 >,U ri MH WMH �4 H 4JHE M 0410 HE H 2�4 E-4 0 24E�O =0 U 1 0 0 cd E.p 0 P 0 -4 �u H N i rA F4 H Ou 0 UOO WDD I Wool M 0 w w�roo I r-100 0 u wo H 0 0 EU U H-Ii Qvi w P-1 di u M ORW6N 04JOR E fn E :1� 010 00 Me Dop too W H co .1 H 0 V ad) 0�:) ?4 L EDO MAN ��p E- 0 N-H 0 Mu M Wgu "..'i' m H 11 to duvi to m ca 0 P41P400 0 �4 1:4 p Comm In V)M p4H. pa cq m v LA w r- Page 118 of 431 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $101,000 Date: 7/10/2020 Requesting t: Facilities Contact Person, Gail Mootz !SupplyExplanation for Purchase: install the lock t Boynton Beach Policelocated t 2100 HighRidge Recommended Vendor ® Lockshop & Security Center Source for Purchase (check and attach backup ): Three WrittenQuotations State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency rh ter Contract (VOTE: f dci proposal for purchase rest be present in the samedetail oontained%ithin the contract Fund Source for Purchase: 303-1214-580-62-01 j I Approvals: r„ r F Department Head «�" �,,,� �, ,« E� ate Purchasing n t ®� er ate Asst I Manager �, , City n r Date i Form RWsed 02/01102 Page 119 of 431 . P's Lockshop ec Center Phone. 1)732-9418 301 SZ4th Street ? dana@cksecu6ty.com Boynton Beach, FL 33435 cksecuflty.com Lockshop Securft Center Bill to Ship to City nton Beach-Police BoyntonPolice t PO Box 310 2100 High Ridge Boynton Beach FL 33425-0310 non Beach FL 33426 Phone Number ( 1)307-2185 Quote 02766 TransactionDate: /1012020 Item Price Amount Supply&Install Supply&Install Keymark X4 7 Iain SFIC 1 0. $0,00 Cores On The First&SecondFloor SFIC KeymarkCylinder Small Format Keymark 4 7 Pin IC Cores- 188 $55.00 $10,340.00 Keyed To Premise Survey Form Filled Out By City oynt n Beach-All Keying Done By Modem Keymark Ivey Keymark X4 7 Pict Keys 11.00 $638.00 Labor a Lock Work-Daytime Remove Existing Cores&Install New 17 $ 0, 0 $1,360.00 Cores&Test The Locks Simplex/Un-FE Simplex a ani I Push Button Knob 10 $409.00 $4,090.00 Lock With SFIC Key OverrideSlot Simplex/Un-FE Simplex a ni I Double Sided Push2 $874.00 $1,748.00 Button Knob Look With SFI C Key Override Slot Labor-Lock Work-Daytime Install Simplex Looks 0. $720.00 Service Call Palm Beach Servicell®Palm Beach County 1 95.00 $95.130 Shipping-FShipping-FE Please AllWeeks Shipping For 1 $0.00 $O.DO Special Order Hardware: 0% Restock Fee Please ofAdditional 1 $0.00 $0.00 Hardware/Material r Labor That Is Needed Not On This Quote VVill Be Invoiced Separately Payment Terms-50%Deposit 150%Upon Completion Subtotal: $10,991.0 Tax: $0.0 Total: $13,991.0 Any alteration or deviation from above specifications invo in ra cost,_will be executed only upon written orders,.anwill become an extra charge over and above the estimate.Owner to carry fire, tornado and other nssary insurance upon above work.All material is guaranteed to be asspecified,and the above work to be performed in accordance with the drawings and spedfleaflons submitted r above work and completed in a substantial workmanlike manner.Theabove prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the o as specified.Costs&payments in this esti.ate ma not be offset against other estimates and/or work beingdone between X's&the customer..This estimate does not Include permit fees..C.K,'S reserves the fight to withdrawthis estimate if not accepted vvithln 60 days of estimate date. A. 0%restocking fee may apply on Special Order Hardware, WARRANTY I YEAR PARTS 90 DAYSLABOR page 1 of Page 120 of 431 Purchasing iii Sole/Sinralle Source Justification Will this purchase obligatet o a particular n or in the fiiture? (Either in terms of maintenance, services, or re-purchase for compatibility reasson ). o OM This is a sole sourcec (choose any that apply): 0,'Sole provider of a licensed or patented good or service Single our provider of items compatiblei existing ul nt, 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) ,. in le Source of factory-authorized warranty service Sole i t of goods or services that will meet the specialized needs of the City or perform the intended "!unction(please detail below or reference anattachment). El The vendorldistributor is the owner of used equipment th ul represent abest-value purchase for the City and is advantageous to the City. (Please prove information o current market prices, availability, etc.) 1What necessary features does this vendor provide whichre not available from other vendors? Ple s specific. Attach documentation to substantiate this sole source claim including but not limited to: vendor productle source letters, and patentsr copyrights. 11,Jigs y departments recommendation for a sole source purchase is based upon an objective vi f the productiservice required appears to be in thebest interest of the City, I know of no conflict of interest on my part nor do l have any personal involvement in anyi is 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 decidinginfluence on my request to sole sourcethis purchase when there are other known s9,.upIle that i � ...u ,&7 ,nt !1r t i . F f signature D re rc li a a l I c e 1131-rector Based on the information rovide in Sections A and B and the attachedsupporting doc en , I recommend El t do not recommend this being certifieds a sole source. Required®/not required to be advertised for a period of 7 business days before award. Signature t .�,,,................ .m�,,,,n 2 Page 121 of 431 Mootz, Gall From- Robert Stephens <robert@cksecurity_co rn> Sent nesay®August 14, 2019 12:00 PM To: Greco-Arencibia,Adrianna Subject: Medeco&Key ark high security locks and keys Godqu Afternoon Adrianna, Ms Lockshop and Security Center is the sole source provider to the City of BoyntonBeach forte Medeco and Ivey ark .......... high security locks and keys. Robert 5t®rOVwr,s, Robert Stephens C.K.'s Lock&Security Sent from my!Pad Air Page 122 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Ouanturn Blvd. Suite 101 P.O. BOX 310 P.O. #: 201332 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 07/13/20 VENDOR 506 SHIP TO: TO: CK' S LOCKSHOP & SECURITY CENTE City of Boynton Beach 301 S .E. 4TH STREET PUBLIC WORKS DEPARTMENT ATTN: ROBERT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 ................................ REQUISITION NO. 76717 ORDERING DEPARTMENT: FAC/GM/S_K3 ............ DATE 'NEEDED: CONTRACT NO. COMMISSION APPROVED: ............ EXTENDED LINE#r QUANTITY UOM ITEM Na. AND DESCRIPTION UNIT COST COST 1 55 . 00 DL CITY HALL/LIBRARY SUPPLY AND 233 . 0000 12815 . 00 INSTALL Supply & INstall Keymark X4 7 Pin SFIC Cores 1st, 2nd, 3rd and 4th Floor: Small Format Keymark X4 7 Pin IC Cores.-Keyed to -premise survey form fill out - by City of Boynton Beach-All Keying Done by Medecc. CK Locksmith is a Sale Source 2 11 . 00 DL KEYMARK KEY 36 - 0000 396 . 00 Keymark X4 7 Pin Keys Cut 3 80 . 00 DL LLADOR 21 . 0.000 1680 . 00 Remove Existing Cores & iNstall New Cores & Test .the Locks 4 95 . 00 DL SERVICE CALL PALM BEACH 1 . 0000 95 . 00 Service Call-Palm Beach County .Shitping7FE: Please allow 4-8 wee�Le s. shipping .for special order hardware: Sot restock fee Note:-FE Please note- Any Additional Hardware/Material or Labor Needed That is note .on their qu.ote will be invoiced separately Payment Terms-SO% Deposit/50D-. Upon Completion ............................ PROCUREMENT SERVICES- -,70 P.O. TOTAL: 14986. 00 -- -- ------------ ACCOUNT NO PROJECT 303-1214-580 . 62-01 TSKID —--——------------ - -_-_--- PURCHASING Page 123 of 431 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #: 201332 BOYNTON BEACH, FLORIDAIDA 33425-0310 DATE: 07/13/20 VENDOR 506 SHIP TO TO: CK' S LOCKSHOP & SECURITY CENTS C-ttv of Boynton Beach 301 S.E. 4TH STREET PUBLIC WORKS DEPARTMENT ATTN: ROBERT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 REQUISITION NO 76717 ORDERING DEPARTMENT: FAC/G /SKB � i DATE NEEDED: CONTRACT NO , COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIP'T'ION UNIT COST COST REMARKS - HIGH EM KS -HIGH SECURITY LOCKS AT CITY FACILITIES PROCUREMENT SERVICES P O TOTAL: ......... ACCOUNT INTO. PROJECT 303-1214-550.62-01 TSKID i PURCHASING Page 124 of 431 Moronei, usan From: Frederiksen, Mara Sent: Monday, July 13, 2020 1.29 PIVI To: Moroney, Susan Subject: RE: Req 76694 and 76717 approved Mara f "r, incW55er,,dee� Finarx"Jal Serviizes v. M a i lin g A d d r e s s-1 P,0, B x 3 10 B o y n t o n 1-3,e cF�,_ F I o r da 353 4..... vmti,.:� '.Ieach, Nor da 334'3 j L_ Ph-y.s ,-I--,J A,.,ddre­;,s,: 1C C), an Ave, Bo n P i D F d e,,,i s Y n.i. tib e a..r; ,o r e M b Ed`I tl s, .............. A, DA30 J ** Americans with I illifies Act C e4 e b ratia,ilh is,A D At J u I y 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: Moroney, Susan <MoroneyS@bbfl.us> Sent: Monday,July 13, 2020 11:59 AM To: Frederiksen, Mara <FrederiksenM@bbfl.us> Subject: FW: Req 76694 and 76717 CK's Lockshop REQS 76694 AN D 76717 for your approval Susan Moroney Accounting Technician Temp Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton each, Florida 33435 t,. 561-742-6086 Page 125 of 431 OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10"000 Date: 7/10!2020 Requesting Facilities it Mootz SupplyExplanation for Purchase: Install the lock ity Hall and Librarylocated t 100 E Ocean Ave c rit r Dol Iar Amount of_ - Purchase $14,986.00 -_-_ materials): Three WrittenQuotations State Contract PRIDE RESPECTSNAPS Piggy-Back ISource Emergency Purchase Other Contract COTE: Pricing proposal for purchase must be presented In the same detail contained vAthin the contraeL Fund Source r 'r : 303-1214-580-62-01 Project .rr Approvals: J Department Head Date Purchasing Agent � \-V1 � � � ate Asst City Manager ym, ,�� ate It r x, ,_ Form Revised 02101/02 Page 126 of 431 N C9 o m 00 w 0 (% >4 m 8 . NA47 r 0 C) ID �p C� 0 0 E� W. N H Ei rj 0 IV Ln C; w 0 o 0 0 H ON CD CDa H r4 r1 H CA W 1 00 cn %D 1 s 0 0 P4 1Hz z 0 1H H 'A E-4 P 9 0 C> Hra o a CD V ri C®1 , o eas C) N 0 ul FA ca E- 0 cl 4 0 I w H H C� I 0 p v ci ra pa o .40 Lo to Lon0 u 0 U10mimz r eH H2:Hm O H : z 0momoh4o 0 0 >4 0 0 02 H z p o 0 P4 E, F1 1.4 4 H H �9 .. � : 9r�) C; 03 Cd O r4 00 m H L E. z C4 93W H 9A W 41 0 0 0 "vo 6n C4 m 4 X,-q w 4-4 C9H E wg-�i al 0 0 w W14>1 LS 0 v r4 cn Q� m $40 M m cn Colz 002 b4 .,4 V M U 44 0 0 4 w 4J IE v W Ca 44 w 0 Ipa w D4d s>q N Ca3 w A 41 ri m > N LI 0 W-1 4 W 0 r.Id rd ON 04 m CA-r°1 0:1>, H H H d).0 04M &A 2 X z 114 44 m m -ri 0 4 H H H H 0 4.1 w 01 �4 m M r-ri W 0 W W m N d W 4J CD W -q W Aft pq M I -q M-i uwu 9%ri 4.9 0� r� I vzu ONU I RREOUR V Orqr-q 1414" AH W m8H j Va. Tj 0 InOH I HHHHHH �, mo1 J 0zlx -) A4 H z Ln 0-H as I 0011.440 $44 LQHDa �HW H F4 00 A Fq r4 I HHHHHH u ul UP W mlo 1-1 M > w (d 0 9 mmoom) �0 0 � ul 0 U r-I r. .V, mmmm i �-4 a) 14 W g 0 -r-I la U b 04im 00� nr a) 2 E4 0 d) �4 10 H I MAMZOZW W H �4 H mm �t 4)0 CIMH V 0 N 0 Hm MHz 0 �-4 X ,0Lj H:E 49 'a m a u Q 8 (On 14 0,4�q dpaw r4 1-4 p4 >,4j '.12 g.4 p Ap ,M 0 m H 0 j 1 0 0 0 C2 P4 9 -4 4j w r is H L) IAHU 15d H 0 rd -414 -H-4 Ln H U r cq cl C11 Wvhd>� rj�D 0 04DO 0 ni M a4 0�4-4 � 00 %D ka li 1 0 Do 0 QQ 0 H �0 - H m1d mm 4 r- ji as Col.) 1 CD co m 0 Z -IZ 9 0 41-- rA - .. rr W 10 0)m d) H Ln Ln Ln F-I 01 °-Fi fd P44 -H:M a -4 ',4 n N ILI -I E as Ora z p H �qao 00 Vpo XXPO X 0E4 0 pa--0 P 0 0 E-4 4 MHE H18 mmHR 1114 9 NH H fl� w ung L m 1114 a 011 r4 r-I E-4 0 H I U,o €40 6 0000 U V -4(d rA rd NO en m m F4 P4I ri H-1 u 0 mmu m>Azu H-4 RH A N WEV �<D 0 Q u U0 FIEM en m m m D 1 M 9 08WH �5>4 1 CIU) Allij.-0 W 0 w W193-0iAo wroil 49 U 0) 048W M0 mg mum 1:4 Of C) UrAC4D4,QE u mw Hv Mtn mm" 4-3 04 ra N z I-q Page 127 of 431 , Purchasing I l i Sole/Single rce Justificati This form shall be completedn rovprior o all sole source purchases Sole Source i iti gi Commodities or contractual services available only from s sole source may be exempt from the quoteor competitive process under the following u s n s® ® There is only one source or one reasonable source for the requiredcommodity, I m or construction, or; ® The parts or accessories are an integral repair accessory compatibleit isti equipment and are the only s that can be reasonably used,or, o® The procurement is needed to ensure consistencyin results as relatedother products or standardization of parts or supplies s required to avoid unreasonable st or inefficiency Single Source Definif -A procurementdecision whereby purchases directed one source u f standardization, warrantyP or other factors, even though other competitive sources may be available. Requester t ` Department ' ` ._.r ivision14,r. .� ........... _,..� Point tot ._ _........_. ........ ........_.. e- Phone Number iVendor Company Name m_ - %.r. � �u� _ ................, Address 30/ , 4-'-f Phone u r l- - 1 Point of o Title rr , What other vendors were contacted? (List company name. contact, and phone I number and explain why ! they were notsuitable) Product or Service Product/Service Name -__ ®v Manufacturer Make/Model _. .. . . _ e_ _...................::_... a Priv 1 Did you negotiate the terms or rices with the" n ..� ._.._ Y 9 p vendor? des E] No Why is is priceconsideredto a it n reasonable? �s G s ®A:;66- Oed �)} 1 Page 128 of 431 Gail Mootz Gail Sent: Tuesday, May 19, 202 12:03 PM ® Robert Stephens Gary ll Subject: RE:City of Boynton-Keymark Master Key System Thank you From: Robert Stephens<robe rt@ cksecu ri .co > Sent,Tuesday, a 9,2020 11:59 AM ® Mootz,Gail oz s> Cc:Gary McNally a c curity®co > Subject: f Boynton-Keymark Master KeySystem Good in Gall, The City of Boyntonc s an existingy Isecurity lock and icy system throughout their facilities. This detailedr key system was created 's and s been in placemaintained sinceimagine, it has grownl r the last 16 years. No other Medeco Keymark keys or locks are compatible witho °s existing system, including the Medeco model B cores that were providedi the newlywilt facilities. Thank you, Robert Stephens Robert t ` - � Owner CK's Lo €shop&Security Center 301 S.E.4th Street.Boynton Beach,FL 33435 Low (561)732-9418 Security r website I vCarri l neap-Boynton I magi-Delray I email ril r Providing asce of Mind Since 1960. Locations in-Bpyn4n.,_ f�, Ira ^ac •bays ®Locks ®Safe -Decoration!Commercial rciai a are •Access Control Systems -Card&Keyobs -Medeco High Security Locks ®Alarms/monitoring Surveillance Carrara Systems I � t h Page 129 of 431 REQUEST FOR OFFICE ASSISTANCE FROM: Gall M. Mooltz DATE' PRIORITYIDATE NEEDED BY: Request for 1211 it Pay Req. fort attached —Vendor or Person to be reimbursed, Vendor: ......----------- Account No., Project No., Request for Requisition Vendor: Account No.: Project No.: Account No., Project No.. .................... Request for BLANKET Vendor: Account No.- Project No.. ***List items wiquantities and unit costs on the back of this request. Single quotes ( s ched E] Three written quotes ($2,000- $4,999.99)Attached F] Three written quotes ($5,000-$34,999.99)Wth Purchase over$10,000 Form—Attached El Bid/Gity (Over$35,000); Bid# Ll Bid/Other Ent4 (Over$35,000): Bid Bid effective Dates and Bid Quotes-Attached it as: OTHER: Special Instructions: --e ............. ............... Request Completed by: Date: Please sign and return this form to the Office Staffs Inbox Feel free to make any comments., ................... ............ ........... ----------- Page 130 of 431 PURCHASE E CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AMIE p 0 201353 P.O. BOX 31 DATE: 07/22/20 BO�`NTON REALFLORIDA 33425-0310 VENDOR 7770 SHIP TO: TO: KELLY TRACTOR CO City of Boynton Beach 5460 OKEECHOBEE BLVD PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33417 222 N.E. 9TH AVENUE BOYNTON BEACH, FTS 33435 REQUISITION NO. 76733 s BORDERING DEPARTMENT: FLEET/ALGA/BD � r DATE NEEDED: - CONTRACT NO. COMMISSION APPROVED: , _ — EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 26561. 00 DL 25' TILT BED TRAILER 1 . 0000 26561 . 00 Per the Sheriff s Contract #FSAI8-VEH16 . 0 , Spec #60 City of Boynton Beach Tax ID 59-6000282 . Contact. Name. Bill Darty Contact Number: 561-742-6215 Contact Email : DartyW@bbfl .us Send Copy of. PO to Coop@flsheriffs.org WILL BE BLACK WITH WHITE DOORS No vendor decals, included but not limited to mud flaps, rear side panels Vehicle will be delivered & the invoice will be mailed to the City of Boynton Beach, 222 NE 9th Ave, Boynton Beach, FL 33425 .Vehicle should be title to City of Boynton Beach, PO Box 310, Boynton Beach, FL 334.25 2 1.289. 00 DL SIPPING 1 . 0000 1289 .00 3 3719. 00-DL 1401 DISCOUNT 1 . 0000 3719. 00- REMARKS - 25' 719. 00-REMARKS :25' TILT BED TRAILER FOR UTILITIES PER THE SHERIFF'S CON "'"l T #FSA18-VEH16 . 0, SPEC 60 ® ..................... _ ..... PROCUREMENT SERVICES: �� I P.O. TOTAL: 24131. 00 000 ACCOTJNT NO. PROTECT 401-2810--536.64-02 1 PURCHASING Page 131 of 431 Coma, Skender From: Elliott, Corinne ® Wednesday,July 22, 2020 11:56 AM To, Coma, Skender Subject: FW: 76733 Attachments: fsal 8-vehl 6-specifications-only-1 2-21-18-ver.pdf, Big+Tex+Deck+Over+Flatbed+-16,000+LB Pricin g.pdf Go ahead and approve the requisition. We need to follow up with Bill Darty on Monday to confirm the pricing. Attach everything we have collected as your backup. Thank you, Corinne Elliott Deputy Finance Director Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Phy§lcal Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 t,. 561-742-6311 ElliottC@bbfLus I boynton-beach.org/ #IDOYearsinthe Making C Please be advised that Florida has broad public records law and all correspondence to me via email may be subject to disclosure Under Florida records law, eimad addresses are public records.Therefore, your e-mail communication and ycri,jr e­rvail address may be subject to public disclosure. From: Coma,Skender t®Wednesday,July 22, 2020 11:22 AM To: Elliott, Corinne<ElliottC@bbflus > Subject: RE: 76733 Please see attached. Thank you! Page 132 of 431 0 0 M 14 ,4 00 M H 4 � : cn P4 Lon lroq lr--4 rq W 11 m �r C3 C) 1; 0 0 0 0 C� C3 C3 CY -f f CC5 co -I m 1 1-4 PA In CA r- ri I Fa P El I C7 CS 1 EnW C) a 0 0 0 0 U0NP C-3 a 0 E-u ! P 0 CD D4 C) CD 0 M p4 FA c, r14 W. 0 0 0 im F-I E-I 04 40 In N rl E-I to m i P Ln 0 M 4J I'd 8 r4 IJ ex U) 0 cm 41 li I04 04 as co 1) -11 " H H H 14 C14 ty) rz ON S E BE BE w C3 -,I -H 0 go 80 zo 0 0 r1 0 m w 0 w 0 Ji 1.4 H CIO w 00 44NMH 1 4-4 0 •A(d 0 q.4m 4F AID 4 to (40 oP4 m P4 9 x P4I a �4 rA 4J a J-1 0M 0 w 0 W �w M'W4 M�4 M 0 m w P4 � 4.) -.a as N Q4 as IDA P4 U4 Cd M rt Z .0 0 .0 0 ci rh.. In .. H N . a) 0 LS4JN ME PE CA -W %D,4 " Q q5 0�p O� 0 0 P P MOM w I Is 0 rq a 'a Q)0 In UPM m EAW u Uzuz �4U 04 :3 to pm w ld 0 C4 D 2: 43 rd r--0 0 8 _3 Homo u P4 e9 Ul 44 04 SMO - 0 0 - rl rl -�0 -A F3 In U9 N13 I M U (d w V r3 cd H p fl1rR U)w 0 w P4 w>44 OEM H m -,I to ji Eq "d 4J U 4)4J 0 N N N F7 1M m " U3 a) -AH H c5H 0 0 0 D4 04 9144 0 M HU WUV u 9 E-i E-qui 04 14 q A M 0%0 ;:, .11 jj ..d)H QM 0 r-im F4P FC P F4 p I Lp LD M-H 44 1-14 r. :3 m rq 96 -A 4-1 C0040 I PC) C;� C> m 111 0 In In In H 0 M4 0 5 MUM > H Q) WJPO� M �N 0 0 ho 04 EH� P"A 04 0 p 41>� MHE 2HE IJH9 H. H P4 o W 44 4J 4J 4J 0 W Z 4) 0 0 M m rn Q E ON N N p 0 H r H4 0000 u m 0 -4,0 m 00�4 —4818 HO O HOO U14 �q 14 4J M Q) u 0 u NEU Q U I,)o C) co 0 ji 0 0 0 0 4 Id 41 4 82 NH 0,� -H Ln WkD -10 0 0 0) H Or-A 0(P 0 0 ri) MUM v Urn NNft uuuu 0 �i: ztm :> 04 Ix H N rq I „4 CA rn m H mI I H 0 z Page 133 of 431 CITY OF BOYNTON BEACH t Date: REQUEST FOR PURCHASE OVER $109000 7124/2020 Requesting Department: PW-Fleet r ill Darty Explanation r Purchase: For the purchaseof a trailer for Utilities, utilizing the FL SheriffsContract 1 - 0 _ Recommended Vendor KellyTractor )unt of Purchase $24,131 Source Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item EmergencyPurchase Other Contract Number: 1 - 1 . NOTE: Pricing proposal for purchase must be presented in the same detail contained vAthfn the contract. Fund Source for Purchase: 401-2810-536-64-02 Approvals: DepartmentHeadDate _J-12412020 xh d Ra 11 ,2.f k?y' Purchasing Ant Dat Asst City Manager - C;;0-wUqZwwP0 t City t Form Revised 02101102 Page 134 of 431 Coma, Skender From: Elliott, Corinne Sent: Wednesday,July 22, 2020 11:56 AM ® Coma, Skender Subject: FW: 76733 Attachments, fsa18-vel -specifications-only®12-21-16-ver.p , Big+Tex+[Deck+over+Flatbed+-16,000+L Pricin .p f Go ahead and approve the requisition. We need to follow up with ill Darty on Monday to confirm the pricing. Attach everything we have collected as your backup. Thank you, Corinne Elliott Deputy Finance Director Financial Services Mailing Address. P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 1001 E. Ocean Ave. I Boynton Beach, Florida 33435 rt 561-742.-6311 ElliottC@bbfl.us I boynton-beach.org/ Yea inthe akiiin _' _ 13 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, ernail addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Coma,Skender Sent:Wednesday,July 22, 2020 11:22 A To: Elliott, Corinne< lliot C bfl.us> Subject: E:76733 Please see atrached. Thank,yoLd 1 Page 135 of 431 PUBLIC WORKS DEPARTMENT REQUEST FOR PURCHASE ......�» __ w .. Date. =012019 . .._.. 401-2810-64-02� ... .._ o. g �._..,. JusWeation: r FSA Contract Sr,ecificafion#60 By- ill � �. ---------- Cimle Att dmt Xq DWhien Headn ����fate ��lt ' FOudav D"fou Charred..,, � Militias � er. NEW ® vTrami Co. Bennett e t. City Fax No TM m__.. .. ...uNrr DESOUPTION ITIMSIZE TOTALa 1 g561. i ler 60 . g ! ,71� of ...Each 14%diwount 1 (I)Black with white doors a price Qwu .� Vender Name .._............. _ , -00 � t Page 136 of 431 Kelly Traub Cm d. «a.CtiGS k�yh July 2.2020 City of Boynton Beach Bill Darty ( 1)742-6215 RE: FellingO Trailer Model Fr-30-2 T Deck Over Tilt Quoted as per Florida SherlWs Association Contract# ® y Speeffleation#60 Contract Extension: October sSeptember 30,2020. Base Model F17-30-2 T Deck Overt Stationary t Stationary Deck Length Tilt Deck Lengthel x. 12"Approach Deck Type White Oak 2"Nom Ramps 6'x rd Self Cleaning "x 3"Angle Iron Spring Assist Approx Deck Height -Loaded Width 102"OD Tie Downs D-Rings,Bent, "Standard w/Stationary Deck Brakes Electric,Dexter elf )on all axles Axles (2Dexter Oil Bath Suspension 9700 Hutch Tires/Wheels 215n5R 17.5 H,8 Bolt [17.5 x .7 Fit Hitch n r of Couplero Headboard,Appx Hitch e 3"Adjustable t1 ,66,000 lb Platet(3/4"Bolt) Jaek 25K 2-Speed Drop Plug 7 Pole RV Lights (Peterson), e s( e Trailer Color Black Stripe Color White Standard 1 e 70 Standard 2 Steps, 10 e Standard HitchI in fronto es on Roadside Standard Document Holder Standard Tool Box,with Lockable Cover Standard Single Self Actuating Hydraulic Cushion Standard Locldmg Tilt Valve, List Price o $26,561 Less 1 o t•® -3,71 FTeight- 2 Contract Total(Delivered) ,131 38,300 lbs Capacity: 30,000 1s you for considerationof our product. Quote is valid until September 3 2020. Greg e e ( 592-5360 Governmental e ( 229-7037 ( 5)477-20 r;, i lawn env MNWMSI M ROM Rd MM Ckwhobve 6Nd fit E ShvvT pupw An 901 Tr Or IMEtakydalDr mi&ML .FL 14 Yft P®1n Beadt FL M417 M%imn FL 33440 Nwa FL 34104 Ft Myen,FL ,R !5814101 1F •1231 77 Jr4 W= MMM3 F 477- 4 FAX( }fitMI FAX(%116834W F k •1 ( ! 7519 FAX=MM FAXK/J5W770i Page 137 of 431 ne Florida i 'o1 of (https:/Iwww.facebook.com/floridasherMassociation6 rLIEIr . OIi=O (https://www.flsheriffs.org� Become r(https-.//membership.flsheriffs.org/Membership-LP.htm]#Choose) About 1W Sheriffs Programs Publications 1W Join Today(httpw//membership.flsheriffs.org/Membership-LP.htrni) Renew Membership :1 i . R PURCHASING i Back to MainPurchasing a`! ri r - r r r sly or irr r i - r r FSA I 8-VEH 16.0 CAR 5 CHASSIS TRUCKS AND HEAVY EQUIPMENT PARTIAL EXTENSION Extension- https:llwww.flshcriffs.org/law-enfbrcement-progmms/puirchasingtfsal8vehl6—ext age 8 of 431 The Florida Sheriffs Association Page 2 of 9 The Florida Sheriffs Association (FSA) in partnership with the Florida Association of Counties, has renewed,through mutual agreement with awarded vendors, select specifications within Contract FSA18-VEH16.0, Cab & Chassis Trucks and Heavy Equipment This contract renewal is in accordance with Section 3.04 Option to Renew with Price Adjustment of the Contract Terms and Conditions. Awarded vendors on this list have executed agreements signed as Addendum #3, dated July 1, 2019. The price increases associated with this contract renewal are based on the Producer Price hidex.(PPI)as published by the U.S. Department of Labor,Bureau of Labor Statistics. This extension authorizes a price adjustment for each product listed and applies to the published options. Option pricing must remain below MSRP. Price increases may not exceed the published percent. FSA has published a schedule listing the authorized PPI percent toe item(Contract Renewal_PPI Schedule). To utilize this contract renewal, simply refer to original contract for the product under Cont-act FSA 1 - 16.0, Cab&Chassis Trucks and Heavy Equipment. Contact the awarded vendor using the Vendor Directory. To calculate the contract renewal price,use the original contract price and the percent` e the Contract Renewal PPI Schedule. Quotes from the awarded vendor must not exceed the original price plus the authorized PPI percent listed on the Contract Renewal PPI Schedule document for each Group, Make,and Model. Options awarded with the item and Non-Scheduled Options shall be below Manufacturer Suggested Retail Price(MSRP).Therefore,while options awarded with the item may be increased according to the PPI,the final price may not exceed MSRP. See sections 2.13 and 3.17 of the Contract Terms and Conditions. The Terms and Conditions remain in effect for the extended period for these produets. to not included in this list have been ® i under Contract FSAI 9-VEHI 7.0 Heavy Trucks and Equipment,to be awarded October 1,2019 https-//www.flsheriffs.org/law-enforcement-prog=s/purchasing/fsal 8vehl6—ext 7/2/2020 Page 139 of 431 Bill may. - -MRom ingo,Brandon Sent Wednesday,June r ' 18 AM TW. Darty, Bill Subject,® Trailer Bill, The gaunt that we are goingt r the trailer is 401-2910-64-02. P6 mdo 3 to the Gulfstream vad Page 140 of 431 4,�IAV _ 125 131 hm Sauk Centre, MN 663 4500-A Phone: ll ..:.:,,���.� .... .. ...,, ....... ............... .. ..__.... ,,. .. 38,300 30,000 8@300 30,000 10" in Frame See Option Page for Stationary hannel 1 Dealer must addFET on retail pfice.Tax 4* I- r x is to be calculatedremitted Ier. j4. 17 k Stationary Deck Stationary Dedc X 4.04 Feet .. ®®- -------------1 a .__.._..._............_...._._.---------_.._..._------------------...._ . .. .1y .... _W-- ............................... ---------------------------------------------------------------------- -------------------- .-____.............®®_....®............................................®___-___-___-__------------....._.-.._-____------_._®__ A Height 36'Looded X 1.00 Inches ------------ ®..............®.....4..________________...................___________.._._®.._.®.._®®.. b 10-2-1 D x 1_ Inches ......................f4-_---------_.._.a_...®..-------------------------------------------------..®......_.4..............-- Tia Downs ln t,V Standard wl Statidnary Deck x 12.00 Std -------------------- -_.m_______________ __________________________®..........__m___________._................. r F (fwd j} n 1.00 Std ___________________________________________m_-_________________.------------------------------------b...__.___________._- i5K Dexter Oil Bath X 2.00 Sid .._.'m—'sin....................................................®_---_----__---------------------------- ------ 'D'D' _® .._ ®. Sas 97 ODFitat� x 1a ....................................,..®__It__[1_7_-.5-.®__s' ]._-..�1tt a.....®.t it'd.__-_________________-___®_._........_-_-.__-_-_.-_._._ ..... 2157 17.5�# 6e _______---------- __________________®_____........._-_--_-_-.-.___--_._-._-_------.._.______ ___ ____ n r f ss t Hd sm px 5. F Fit 1 3� d Lu y in ,( haat urst( 14" ) 3t 1. ...............a...__..._..®_.__._.._.__......------------..__.-._.__-.__.-_-__.._.___®_._m_..._®_---_.__..._1. S __.®.®.._..._. 00 id ................................................................_----------------------------------------------- Plug 7 PM RV x 1.00 SId --------------- __________________a_......._.-------------------------------- ------- ....__..®_.__.. ..__.__- -...53'7'5_..-tts- sAlli®...... ............ .------------------------- .....�+®__.® .®._.m ___.®. r--....................®..._......------_....._...-------------_-®_........._.._...--------•- ------ ---_ _ ... . ... ®.............1 "---- (-n-s-,-G--r-a- r--------------------------------------------------------------- '__..®......_. ..........................................1 leaf�t ... + dpi. . ..._ ........................... .. .,.. Rd 1 an the Standard Hitch ................. .. ....... ._ .. .,...........................................--------------------- ......... ----- ------ Standard Document Std . _ .a' ............. .._......_T--I---®' L---. ._®. .....v r..............®....._...._.................*......._.. ------ ---- ®....® .._.®_ . .. gy -------------Sing. . .... 5n.... ras® � l�n m --------------------------------------- ------.._____------.__._....._..__®_ ...... .... 1.8 ..__ ----- S ____a7__si_______________L_ alng..®...®..------._....---------.____--__.._......-_........._..________-_-___x...... ,........ .__-___ 1 .s Page 1 11241 Page 141 of 431 ., S 1525 Main Street South,SaUk CeMG,MN 563 Ph 2 - . Ili , m GVWR 34,500bs x 1.00 sw 1 3 Pat7 =9 Page 142 of 431 Da=, Bill, .......... From: Mingo,Brandon Sent Wednesday,June 05, 2019 8:18 AM ® ill Subject: Trailer Bill, 010 A The account that we are going to use for the trailer is 401-2810-64-02. Brandon Mingo Crew Supervisor Senior Boynton each Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 561-742-6438 MingoB@bbfl.us http-://www.boynton-beach.org/ Arrx-,',ric,aj's Gatk'-'.,waq to ItIne GulfsiAcream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to d 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. Page 143 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION#1 - OFF-ROAD ALL TERRADLIMHICUS --4 WHEEL-DIUYE 2019 Flonda Four T=Foreman 500(TRX500FA5K) 2019 Polaris Sportsman 570 EFI(Al9SEA57B I) 2019 Yamaha K-odiac 450(YFM45KDXY,) THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPWNT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. I. a.2—programmed keys and fobs,if available 2. ENGINE: a.Manufacture's minimum I cylinder 4 stroke fuel injected gas engine. b. Liquid cooled c.Kcy/clectric start d, 20 IF minimum 3- IRAMMO SIM,: a.Manufacture's standard automatic transmission 4. a.300 CCA 5. a.Front disc/rear drum 6. SAFETY ITEMS: a. Safety shut off switch b. Hi/lo headlights 7. a. Standard all terrain fires 8. CHASSIS.FR_AMECAB.- a. Standard headlights b. Standard taillights c.Power plug d. Standard front and rear racks e. Standard floorboards f Minimum tow capacity 800 lbs Page 144 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION n-- LOW SPEED YEHICLE 2019 CitiCar 4PR 2019 Columbia Summit Utility Truck(SU5-LN) THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VFHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AND AWARDED VENDOR PRICING. 1. FSA BASE VEHICLE REQUI —NTS a.2—programmed keys and fobs,if available 2.!CLAS,5IFI QAJM a.These vehicles are primarily used to transport people and limited cargo in the State of Florida on typical federal,state,county and city highways and roads that are posted for 35 mph or less and shall be designed to operate under typical environmental conditions. b. Vehicles must conform to Federal Motor Vehicle Safety Standards,State of Florida Vehicle Safety Laws,regulations, specifications,standards and requirements in effect as of the date of manufacture. 3. a. 5.5HP 4 kw Electric Motor b, 48 Volt Lead Acid Batteries(8 Batteries x 6v) c.Trojan T105 Batteries d. Curds Sepex 1268 Controller c. I I OV Eagle On Board Charger f. 50 Miles per Charge g. Max Forward Speed 5mph h. Digital Speedometer and Dashboard 4, DIMENSIONS,(APPROXIMAlU a.Length:96" b. Height:76" c.Width:48" d. Wheel Base 66.9" e.Ground Clearance 5" 5. B Det a.Plastic body and fiberglass roof b. DOT Windshield with Wiper c.Wood Grain Steering Wheel,Dashboard and Back Rests 6. CQMFQRT ITEMS a.4 Person Seating with Flip Rear Seat for Cargo b. Cup Holders 7. TSPENSION a.Front and Rear Plate Spring+Cylinder Hydraulic Shock Absorber Suspension b. 10 Foot Turning Radius c. Steel Frame Type Chassis d. 500lbs GVW Capacity e.Front Independent Suspension f Rack&Pinion Steering TIRES ANDY & LT,UL a.205/50-10 Tires b. 10"Aluminum Rims 9.D—R—A—LE,i a.4 Wheel Hydraulic b. Hand Brake 10. SAFETY IJEMa Page 145 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION,#4.-ELECTRIC UTILITY YEHICLE 2019 Carryall 500(104030201) 2019 Polaris hanger EV(111 9AE4G ) 2019 Xtreme Green Transport Pro " TBE FOLLOWINGITEMS WILL BE FACTORY INSTALLED THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILDCODES OF THE VEHICLELISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING SIRENS CTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, " SPECIFICATIONS AND AW D VENDOR PRICING. 1. �.B A SE VEIIICLF �iI lI *I i 3 a.2—programmed keys and fobs,if available b. Full-size spare tire,if available 2. D ENSIONS f A PPROIMAM a.Length: 115'° b. Height:51" c. Width:56" d. Wheel Base 79" e. Curb Weight 1500 lbs. £ GVW 2900 lbs. 3. PO`P,WER1 a. 7 Electric Motor b. 8-6 Volt Leavy Darty Batteries c.48 Volt 4, T hTSMISSIO1�Tf LE: a.Enclosed internally lubricated differentiaUtransaxle b. 2 Wheel Drive 5. t HA SS1S S 11fN ,fSi7 PFTSSIC3lsl a. 1250 lbs.towing capacity b. 2900 lbs.GVW c.Frame Type Chassis d. Suspension matched for GVW of vehicle 6. T1 S 41VD W ELS: a. Off/on road type tires b. Wheels rated for GVW of vehicle c.Tires to be traction type rated for GVW of vehicle 7.PEl1FO ANCE: a.45 mile range b. 19 MPH minimum l3.B a.Manual parking brake be Disc or drum type c.2 or 4 wheel breaks 9. a.Rear mounted hitch for towing 2" b. Pick-up type box svith sides and tailgate c.2 passenger seating Page 146 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #6 - 1 TON CARA CHASSIS (DUAL REAR WHEEL) - 4X4 2019 Chevrolet Silverado 3500 HD(CK36003) 2019 Ford F-350(F3H) 2019 GMC Sierra.3500 HD(TK36003) 2019 Ram 3500(DD8L63) THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VZHTCLE/EQUIPMENTTO MEET THE MODEL NUMBER AND BUILD CODES of THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY I LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS E OR PRICING. 1.FSA J3ASE ATE CLE. QUI ME1rtT . a.Air conditioning b. Standard full-size spare tire,if available c.2—keys d. Limited slip differential 2. EN QDJF,; a.Manufacturer's standard gas engine,alternator,battery and cooling package. 3.. X I$ E,,- a.Manufacturer's standard automatic transmission. b. Manufacturer's standard drive axle ratio for engine and transmission combination. c.Manufacturer's standard transfer case 4. PERFORMANCE ITE:",,1- a.Manufacturer's standard power steering. b. Manufacturers standard gauges. 5. C OMEOR. I`fEN65,y`. a.Manufacturer's standard tinted glass all around. b. Manufacturer's standard AM/FM stereo. c.Heavy duty rubber floor covering instead of carpet. d. Manufac is standard production seats.Purchaser will select color at time of order. 6. SAFETY ITEMS: a.Dual mount outside mirrors to provide field of vision for vehicles to 96"wide. b, Interior dome lights with left and right door activated switches. c.Manufacturer's standard air bags. 7.DBAKM a.Four wheel ti-lock brake ABS system. S. TIRES AND W LELS: a.Manufacturer's standard tires and wheels, 9. CHASSIS,F ME.CAE: a,Manufacturer's standard calors,factory painted.Colors to be determined by individual agencies. b. Manufacturer's standard fuel tarik. c.Manufacturer's standard bumper, Page 147 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATRIN#8 ® 15,000 LB =R !CAB & CHM515 (L)IIAL REAR WHEEL) --A 2019 Chevrolet Silverado 4500HD WT(CC56403/C7R) 2019 Ford F-450(F4G) 2019 International CV 2019 Ram 4500(DP4L63) � THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPHENT To MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SIRENS SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS], SPECIFICATIONS AND AWARDED VENDOR PRICING. 1. ESA BASE VEFUCLE REQUI rTTS a.Air conditioning b. Standard full-size spare tire,if available c.2—keys 2. a.Manufacturer's standard diesel engine. b. Maintenance free heavy duty battery c.Manufacturces heavy duty engine cooling d. Heavy duty alternator 3. !&A_NSMIS5jQNjA_XLES: a.Manufacturer's standard automatic transmission b. Manufacturer's standard drive axle ratio for engine and transmission combination. 4. a.Manuflacturces standard power steering. b. Manufacturer's standard gauges. c.Heavy duty front and rear shocks. 5. CQMFQRT ITE OaIS: a.Manufacturer's standard tinted glass all around. b. Manufacturer's standard AMIFM stereo. c.Heavy duty rubber floor covering instead of carpet. d. Vinyl seating with head rests to accommodate 3 passengers.Purchaser will select color at time of order. e.Factory Power Windows and Door Looks E Keyless Entry 6. SAFETY ITEMS, a.Dual mount outside mirrors must provide a field of vision for vehicles to 96"width,and for tov6ng- b. Interior dome lights with left and right door activated switches. c.Air bags for driver and right front passenger,if available. d. Back Up Camera,if required by federal standards 7.ER&EL& a.Rear anti-lock brakes,minimum, 8. TIRESAND1Y ELS: a.BSI all season tread radial-19.5"heavy duty truck tires. 9. CHASSIS,F' h+I _C- a.Manufacturer's standard colors,factory painted.Colors to be determined by individual agencies. b. Manufacturer's standard front bumper,bright or painted. c,Fuel tank capacity,25 gallons minimum. & Cab to center of rear axle-60"approximately. e.Minimum 15,000 lbs.Ca R. f Cab&chassis only. Page 148 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 5FE0FICAT10N,#j,Q.-jj9kLR=R C" & CHASSIS (D JAL REM WH 2019 Chevrolet Silverado 550OHD WT(CC56403/GZX) 2019 Ford L-550(F5G) 2019 Freightliner M2 2019 International CV 2019 Kenworth T170 2019 Peterbilt 325 2419 Ram 5500(D 51.63) THE ITEMS BELOW WILL BE FACTORY INSTALLED ON THE BASE VEHICLF/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLELISTED. PLEASE REFER TO THE EMERGENCY VEHICLE LIGHTING AND SI E SECTION WITHIN THIS CONTRACT FOR DESCRIPTIONS, SPECIFICATIONS AWARDED VENDOR PRICING. 1. FSA I3,�SE`IE CL LtF6�I7I12F,M NTS a.Air conditioning b. Standard full-size spare tire,if available c, 2—keys 2, ENr a.Diesel engine,minimum 190 UP b. Maintenance free heavy duty battery c.Manufacturer's heavy duty engine cooling. d. Heavy duty alternator 3. TRAN5Ml5bjQ&AXLE& a.Manufacturer's standard automatic -speed transmission with overdrive and manufacturer's heavy duty cooling. b. Manufacturer's standard drive axle ratio for engine and transmission combination. C PEREQRMANC:E ITEMS; a.Manufacturer's standard power steering. b. Manufacturer's st dard gauges. c.heavy duty front and rear shocks. 5. CQ1V LQRT ITEMS, a.Manufacturces standard tinted glass all around. b. Manufacturer's standard AM/FM stereo. c.Heavy duty rubber floor covering instead of carpet. d. Vinyl seating with head rests to accommodate 3 passengers.Purchaser will select color at time of order. 6. SAFETY ITEMS: a.Dual mount outside mirrors must provide a field of vision for vehicles to 96"width,and for towing. b. Interior donne lights with left and right door activated switches. c.Air bags for driver and right front passenger,if available. 7, BRAKES. a,Rear anti-look brakes,minimum. b. Power brakes,front brakes disc type,rear brakes may be drum or disc. 9. TIRES LND BUffjFL$,, a.BSW all season tread radial, 19.5"heavy duty truck tires. 9. CHASSIS,FRAME.CAE; a. Cab to center of rear axle®60"approximately. b. Minimum 17,501 lbs.GVWR, c. Cab&chassis only. d. Manufacturer's standard colors,factory painted.Colors to be determined by individual agencies. e.Manufacturer's standard front bumper,bright or painted. f:Fuel tank capacity,24 gallons minimum. Page 149 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATIO ® 25.500 - 2019 Hino 268A 2019 Ford F-650(F6D) 2019 Freightliner M2 2019 International MV 2019 Kenworth T270 2019 Peterbilt 330 ' T FOLLOWING ITEMS WILL BE FACTORY INSTALLED I /EQU STT TO MEET : THE MODE NUIVSER AND BUILD CODES OF THE VEHICLE LISTED. 1. T'S a.Air Conditioning b. Standard full-size spare tire,if Available c.2-Keys 2. ENGINE: a.Diesel engine,minimum 200 HP 3. T S SSICrd/A ES: a.All axles,synthetic lube. b. Manufacturers standard automatic transmission or approved equivalent(with PTD provision). c. 17,500 lb.rear axle . PERFQRMANCE ITEMS:. a.Manufacturer's standard power steering. b. Manufacturer's standard gauges. 5. COMFtLRTI Mhz a.Air conditioning,factory installed. b. Manufacturer's standard tinted glass all around. c.Manufacturer's standard AM/FM stereo. d. Heavy duty rubber floor covering instead of carpet. e.Manufacturer's standard production seats.Purchaser will select color at time of carder. E Keys:two(2)per vehicle,single Trey locking system,(each vehicle keyed differently). 6_,SAM,.. .. a.Dual mount outside mirrors roust provide a field of vision for vehicles to 102"width,and for towing. b. Convex mirrors rnoxznted below standard mirrors. c.Interior donne lights with left and.right door activated switches. 7. D a.Factory air brakes b. Anti-lock brake system 8. TIRES AND W ELS: a.BSW I IR22.5(14 PR)or approved equivalent,front and rear. b. Oil bath hubs,with synthetic lube. 9. CHASSIS. M _C&B a.Minimum 25,500 lbs,GVWR. b. Cab&chassis only. c.Manufacturer's standard colors,factory painted.Colors to be determined by individual agencies. d. Manufacturer's standard front bumper,bright or painted. e.Factory front taw hooks. f.Fuel tank capacity,45 gallons minimum. . Cab to center of rear axle-84"approximately. Page 150 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION#14 ® 52,000 LB GVWR CALB, - - - 2019 Freightliner M2®112 2019 International HX 2019 International HV 2019 Kenworth`I'880 2019 Mack AN or G Series 2019 Peterbilt 567 2019 Volvo V Series 2019 Western Star 4800 ETHELLNIMILL E FACTORY INSTALLED ONVEHICLE/EQUIPMENT T3 ET , THE MI E BUILD CODES OF THE VEHICLELISTED. 1. FSA BASE YEIJICLE REQUI NTS a.Air conditioning b. Standard full-size spare tire,if available c.2—keys 2. a. 350 HP 6 cylinder diesel engine,manufacturer's I IL minimunr 3. TRANSMIS5IC9N UTCkI: a. The fallowing or approved equivalents are acceptable: 1. Fuller 14210B 10 Speed Manual with 00 4. ENGINE EQUIEMENT- a.Alternator—12 volt I OOA b. Premium engine hoses c.Injection pump—electronic engine control d. Radiator—aluminum core c.Air restriction monitor—intake mounted 5. CAB: a. Cab—welded steel galvanized or aluminum shell with rust preventative coating. b. Floor covering—black swabber mats c. Seating—driver air suspension mid back,passenger fixed mid back. d. Steering wheel—18"two spoke e. Standard air conditioning&heating 6. F a.Frame—steel construction matched to GVW and mounted body of truck b. Wheelbase—187" c.Load platform—161"56"AF d. Front bumper—painted steel e.Fuel tank-70 gallon,minimum f:Air dryer—Bendix AD9 heated,or approved equivalent. g. 5th wheel®station with lett hand release. 7. a.Horn—single air trumpet b° Mirrors—West Coast for 102"trailer widths to include 7.5"convex mounted to lower mirror bracket. c Brakes—"S"cam type 16.5"x 5"Q+front and 16.5"x 7"Q+rear with anti-lock with automatic stability control,or approved equivalent. d. Slack adjusters—Haldex automatic front and rear. e°Daytime manning lights. f.Backup alarm g. Electrical plug holder includes glad hand storage. h. Tractor package to include valves,trailer lines&frame access i. Automatic traction and stability control S.MNLAMLL Page 151 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION#15 - 52,000 LB =R CAB &f.HASSIS - 4X6 TANDEM AXLE R 2019 Freightliner M2-112 2019 International HX 2019 International 11V 2019 Kcn,%North T880 2019 Mack AN or G Series 2019 Mack MHD 2019 Peterbilt 567 2019 Volvo V Series 2019 Western Star 4700 THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. I. ESA BASE JIL�EUCLEREQ_W MEhtFS a.Air conditioning b. Standard fall-size spare tire,if available c.2-keys 2. ENGINE: a.350 HP 6 cylinder diesel engine,manufacturer's I IL,minimum 3. TRANSM1S4SQ &CLUTCH: a.The following or approved equivalents are acceptable: 1. Fuller 14210B 10 Speed Manual with OD 4. GME EQUIPMENT: a.Alternator—12 volt 100A b. premium engine hoses c.Injection pump—electronic engine control d. Radiator—alummum core e.Air restriction monitor—intake mounted 5.LAB_ a.Cab—welded steel galvanized or aluminum shell with rust preventative coating. b. Floor covering—black rubber mats c.Seating—driver air suspension mid back,passenger fixed mid back, d. Steering wheel—18"two spoke c.Standard air conditioning and heating 6, a.Fr —steel construction matched to GVW and mounted body of truck. b. Wheelbase—187" c.Front bumper—painted steel d. Fuel tank—70 gallon,minimum e.Air dryer—Bendix AD9 heated,or approved equivalent. 7. SAFEIY: a.Florn—single air trumpet b. Mirrors—West Coast to include 7.5"convex mounted to lower mirror bracket, C.Brakes—"S"cam type 16.5"x 5"Q+front and 16.5"x 7"Q+rear with anti-lock without automatic traction control,or approved equivalent. d. Slack adjusters—Haldex automatic front and rear. c.Daytime running lights. f Backup alarm 8.fKQLLAXLa! a.Front axle—12,000 lb, b. Front wheels—steel 10 hole hub piloted c.Front tires—I IR22.5 Goodvear G397LHS,steer or approved equivalent. d. Front hubs—Ferrous,or approved equivalent. c. Oil type with synthetic lube Page 152 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1 - ANDEM AXLE— REFUSE TRUCKLUNLY 2019 Autocar ACX64 2019 Crane Carrier LET2 2019?clack TE Series 2019 Peterbilt 520 ITEMS ILL FACTORYINSTALLED C IC / U N TO T UI CODES OF THE VEHICLELIQ 1. FSA BASE YEFI ICLE REQUIREMENTS a.Air conditioning b. Standard full-size spare tire,if available c.2-keys 2. a.30014P 6 cylinder diesel engine,manufacturers 11L.minimum 3. T N hfisJS . a.Allison 4500 RDS automatic transmission a.Alternator—12 volt 100.4 b. Premium engine hoses c.Injection pump—electronic engine control d° Radiator—aluminum core,or approved equivalent e. Air restriction monitor—intake mounted 5. CIA l3: a. Cab—welded steel galvanized or alurninum shell with rust preventative coating. b. Low cab,forward mounted,tilt type. c.Floor covering—black rubber mats d. Seating—driver air suspension raid back,passenger fixed raid back. e. Steering wheel—18"two spoke f, Standard air conditioning and heating . FRAME: a.Frame—steel construction matched to GVW and mounted body of truck. b° Wheelbase—209" c.Front bumper—painted steel d. Fuel t —70 gallon,minimum e.Air dryer—Bendix AD9 heated,or approved equivalent. 7. a.Horn—single air trumpet b.Mirrors—West Coast to include 7.5"convex mounted to lower mirror bracket, c.Brakes—"S"cam type 16.5"x 5"Q+front and 16.5"x 7"Q+rear with anti-lock without automatic traction control,or approved equivalent. d. Slack adjusters—Haldex automatic front and rear. e.Daytime running lights. f.Backup alarm .P&QN AXLE- a.Front axle—20,000 IL b. Front wheels—steel 10 hole hub piloted c.Front tires—315/800/22.5 Goodyear G289 . Front hubs—iron,or approved equivalent. e.Oil type with synthetic lube 9. REAR E: a.Rear axle—40,000 lb. Page 153 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 Caterpillar 297 with Rook(.Option FIPG ITEMS WILL FACTORY D I 'E t2 NE7 I LEBUILD CODES OF THE VEHICLELISTED, 1. YEHICLE PLATrC1 RM- a.CAT Multi-terrain loader . 84 HP Diesel Engine c. 2 Speed powertrain d. Operating weight 13,000 lbs. e.Fuel Tank 26 gallons f.Hydraulic Quick Coupler g. Enclosed R OPS cab with air conditioner and heater h. Dual level suspension undercarriage with self level. i. Advanced machine information and control system 2. CAB ARMORED PR OTECTION a.Bulletproof glass .NI7 Level IV armor cab reinforcement fabrication 3. ARMQRED DEPLOYMENT PLA tO a.Integrated video system b. Breaching ram c.Vehicle extraction tool d. Grapple claw Page 154 of 431 a.Circuit protection—fuses except headlamp and wiper circuits which utilize circuit breakers. b. Hand throttle c.Engine protection—engine monitoring system for high water temp,low oil pressure,high exhaust temp,high transmission temp. Page 155 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #20 - ZJER0 TURN RADIUS ERCLAJ� GRADE M WER 2019 Cub Cadet Pro Z 560 L/S KW 2019 Bad Boy Outlaw 6 100 2019 Dixie Chopper 2560 BR 2019 Grasshopper Model 225 2019 Gravely Proturn 260 2019 John Deere Z930M 2019 Kubota 2725 -2- 0 2019 Scag Cheetah SCZ61V-27FX I=THEFOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MET TH FOLLO1� THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. a.25 horsepower gas engine b. 7 gallon fuel tank c.Positive feed oil system with spin on filter. d. Heavy duty air cleaner e.Electric start 2. DRTVF TRAIN/AXLLS, a,Hydraulic gear pumps b. High torque wheel motors c. Spin on hydraulic filters 3. a. 60"heavy duty mower deck b. 3 blade spindles c.Belt driven d. Manual deck lift e. I"to 5"cutting height f Deck engagement electric clutch . dIIEEI S: a.Front wheels-13x6-6 ribbed,minimum b. Rear wheels-24x11.5-12 turf 5. COME a.High back full suspension seat b. Adjustable steering/motion control lcvcrs c.Flip up hood d. Easy access operator controls e.ROPS bar 6. APPROXIMATE MACHINE DIMENSIQNS, a.Length-82" b. Height-72"with ROPS c.Width-63"without chute 7. &In addition to equipment specified,mower will be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA emission standards and all motor vehicle standards as established by the U.S.Department of Transportation regarding the manufacture of motor vehicles. b. The successful bidder shall be responsible for delivering the unit properly serviced,clean and in first class operating condition. Pre-delivery service at a minimum shall include the following: 1. Complete lubrication 2. Check all fluid levels c.Adjustment of engine to proper operating condition d. Inflate tires to proper pressure e.Proper operation of all accessories. Page 156 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 Mantis 4142 2019 MowerMax Industrial Tool Carrier 2019 Mltihog Lange MX [Thi's iexxt �Sid tYaa to7 err' crag ihu art rzyalct tt chments s° rose the o tion list t c p fete the e ipme t, whicYAll ect the price. 1. N a. 49.9 UP Tier III Turbo Diesel b. heavy duty radiator with high flow fan with reversing,clean out valve c. Canister style air cleaner with pre-cleaner d. Electric start with engine pre-heat c.Full engine gauge package f. 30 gallon fuel tank. 2.�d�WFR a.hydrostatic,variable displacement piston transmission pump in a closed loop system b. Two,heavy-duty,4 wheel drive,steerable axles with parking and service brake c. 3 steering modes—4 wheel round,front wheel and 4 wheel crab d. High torque,two-speed,hydraulic piston drive mater for front axle and drive shad for rear axle e.Joystick for speed and directional(forward/reverse)control f GVW(without attachments):Approximately 4000lbs 3. TRAVFL SPEED a.Work Mode—Variable 0-5 MP Travel Mode—Variable 0-20 MPH 4. VI ;ET a. Standard-15-19.5 Industrial tiresOptional-3$x1$.00-20 Lug tires 5. QMFC3RT.CONVE ENCS&.SAFETY a.Full air ride,suspension seat with lumbar support and integrated operator-presence safety switch b. Certified ROPS Canopy with AC,heat, M radio with I3luetootth c.Tilt steering column with ho d. Seat belt with safety switch c.Turn Signals and brake lights £Flashing safety lights as well as DOT reflector tape g. Engine gauge package 6. AIJACHMENT OPTItI S a.Front lift arms with universal skid steer mounting plate for 10+skid steer attachments: 1. Broom/sweeper 2. 90 inch rotary mower 3. 88 in flail mower 4. Dozier blade 5. Stump grinder . Pallet forks 7. Cold planer S. Big roll sod installer 9. Landscape rake 10.Rotary tiller b. Right side rotary mower c.Right side flail mower d. Right side boom/reach mower e. 15 ft belly mower 7. CCDNI�ITIt9N5 a.The successful bidder shall be responsible for delivering the unit properly services,clean and in first class operating condition. Pre-delivery service at a minimum shall include: 1. Proper operation of all.accessories Page 157 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 Bobcat Versa Handler V723 Telehandler 2019 Caterpillar TH357D 2019 7LG G5-18A incomplete equipment. Unit bid is for the prime mover only, without attachments. Buyer should select attachments needed from the option list to complete the machine„ Examples of attachments available are: Bucket; grapple and/or forks. This will affect the total price. 1. APPRMMATE DIMENSI()N a.Length: 146 in b. Width:90 in c.Height, /cab:43 in d. Wheelbase: 113 in. e.Weight: 17,155 lbs. 2. ENGINE a.Diesel,Tier 4 100hp b. Turbocharged c.Heavy duty cooling system 3., ::- MAIN a.Hydrostatic Drive b. 2 Travel speeds lour speed 3.0 mph,high speed 18 mph c.All wheel drive d. 3 Steering modes.all wheel,crab,and front wheel e.Industrial lug type tires 4, COMFQRT,CCI NIENCE AUP SAFE I X a.Certified ROPs cab with a/c,heat b. Suspension seat w/seat belt c.Work lights,safety lights,and warning beacon d. Attachment controls in cab e.Engine gauge instrumentation 5. D LJLIC SYSTEM a.Lift capacity 7700 lbs b. Max lift 22 feet c.Boom breakout force;8000 lbs Page 158 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #25 - SMALL AG- EI ULTURE TYPE TRACTOR (-4- --_- L DRUM 2019 Case III Farmall 35C 2019 John Deere 30398 2019 Kubota L3901 DT 2019 Mahindra 1640 2019 Massey Ferguson 1739E 2019 New Holland Boomer 35 HE=FOLLOWING I ILL CTORY IN D T HIC / UI o MEET NUMBER AND BUILD CODES OF THE VEHICLELISTED. 1. EIV"IEe a.Liquid cooled diesel with minimum of 29 PTD hp @ 2200 rpm. 2. TRA.NSMISSIQNN a.Hydrostatic drive or mechanical type transmission. 3. ML A a.Minimum 7 gallon capacity. 4 S° a.Oil cooled hydraulic wet disc. 5. POWER TAKE FF. a.Speeds RPM-540 6. D 11LIC SYSTEM: a.Open center system with standard remotes. b. Maximum main pump flow-6.3 gpm 7. 3 PC911VI IiITCII: a.Category I b. SAE lift capacity ca 24"standard lbs.-1,435 a.Not less than 11.2 x 24 rear b. Not less than 5-15 6 ply front Page 159 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES XYHEELDRI-YE) 2019 Case lH Maxxum 115 with otrim Boom Mower 2019 Challenger MT465 with Diamond Boom Mower 2019 John Deere 6120M Alamo Industrial Mower 2019 John Deere 6120M with Tiger Bengal Boom Mower 2019 Kubota M6S-I I I with Terrain King KB2300 Boom Mower 2019 Massey Ferguson MF5712SL with Diamond Boom Mower 2019 New Holland TS6.120 with Alamo Boom 1THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPI-MNT TO MEET ! THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. 1. pPJINE: a.Liquid cooled diesel with minimum of 95 PTO lip @ 2200 rpm. 2.jEANSMIS$ION: a. Synchroshuttle type with a minimum of 16 forward and 16 reverse speeds. 3. I-:jUU,LA a.Minimum 38 gallon capacity. 4. BRAKES: a. Oil cooled hydraulic, 5._EQMjRTAKE_QEL a. Speeds RP-M-540/1000 6. HYDRAULjC3YEjEhL- a. Closed center system with standard remotes. b. Maximum pressure psi-2,900 c. Standard output @ remote 17 gpm d. Total of 29 gpm combined flow 7.EUMLLUETCI L a.Category 11 b. Telescopic stabilizers c. SAE lift capacity @ 24"standard lbs.-5,000 d. Lower draft arm link ends-extendable 8, TI a.Not less than 13.6R24 R1 Year radials b. Not less than 18.4830 6 Ply F2 9. MOUNTED BQQM ER a.Minimum 23'boons reach. b. Forward and reverse swing break away. c.Integral frame. d. Separate hydraulic circuit for mower head. c, 5'rotary cutter head. f�Disc or bar type blade bolder. Page 160 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION#29 - SKID STEER LOADER - 1850 LB OPERATING CAPA.CIT—Y 2019 Bobcat 5576 2019 Case SVI85 2019 Caterpillar 236D 2019 John Deere 318G 2019 Kubota SSV65 2019 Takeuchi TS60V 2019 Volvo MC95C THE 14E FOLLO FOLLOWING IT WILL E FACTORY INSTALLED OVEHICLE/EQUIPMENT TO ET UILD CODES OF THE VEHICLELISTED. 1. EI�iCrl. a.Minimum 3 cylinder 56 HP Diesel 2. T hjS_ SSIQN a.Hydrostatic Drive b. Forward.,reverse,travel speed controlled by two hand levers 3. ECiILWIUBHUM a.Spin on type filters b. Dry type air filter , OPERATOR ENVI12C?IVIviRNT: a.OSHA approved R OPS canopy shall be integral b. Front and rear work lights,hazard lights c.Engine monitoring system or gauges,with audible alarm d. Tires IOx 16.5 extra wall e.Hary and backup alarm 5. a.Parking brake b, Hydrostatic main braking 6. a.Front auxiliary hydraulics b. Foot or hand controls for bucket c.Minimum 62"wide construction bucket d. Operating capacity 1,800 lbs®minimum Page 161 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES _� - SPECIFICATION #31 - 1 ,QQ LB-OPERATING 2019 Bobcat T740 2019 Case UZ310 2019 Caterpillar 279D 2019 John Deere 331E 2019 Kubota SVL,75-2 2019'Takeuchi TL12 2019`'elves MCTI35D THE TEE ITHEMIOLI I & aIo3ITFIC /E72 PP Ed E UI CODES OF ICL LISTED. 1. E a. Minimum 3 cylinder 74 UP Diesel . Spin on type filters c.Dry type air filters 2. TRANS_ sSTON: ae Hydrostatic drive b. Forward,reverse,travel speed controlled by two hand levers 3.DfE .430 Eyj_R_Q dIs ENT: a.OSHA approved R. PS canopy shall be integral b. Front and rear work lights,hazard lights c.Engine monitoring system or gauges,with audible alarm d. Horn and backup alarm 4,B S: a.Parking brake b. Hydrostatic braking 5. BSC T: a.Minimum 66"construction bucket b. Bolt on,replaceable cutting edge for bucket c.Operating capacity 3,100 lbs.minimum Page 162 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES BAR LIN "E BU - ,S!!ECIFI ATION#3 CU YD WHEEL LOADER FARA"L L ARM OPTION) 2019 Case 621U 2019 Caterpillar 926 2019 Doosan L220-5 2019 Doosan DL280-5 2019 Hitachi ZW 180 2019 John Deere 52L 2019 Volvo L60H =THEFOLLOWING ITE WILL FACTO Y INET L D O E HIO / [JIB NT TO MEET NUMBER AND BUILD CODES OF THE VEHICLELIQ L EldTfi /CA£i: a. Diesel engine,six cylinder,four cycle,liquid cooled,minimum 140 SAE Net b. Cab with AJC 2. T N1,; II SIClN a.Power shift transmission with torque converter or hydrostatic drive,minimum of four forward and three reverse speeds. 3. RIVET a.Four wheel drive. b. Manufacturer's standard axle. c.Inboard or outboard mounted®vet disc braking system. d. Inboard or outboardmounted plantetary final drives. c. 20.5—25 Baas ply tires mounted on multi piece rims. 4. LlIIEIt. a. 3.0 cu.yd,general purpose bucket with bolt on cutting edge. b. Bucket position indicator. c. Automatic return to dig. d. hear drawbar. e. Gauges and indicators:visual hydraulic oil level indicator,electronic monitor display of all fluid levels and temperatures. f Deluxe suspension seat with town padding and backrest. g. Articulated steering,40 degrees minimum each direction h. Wheelbase of at 9 feet,4 inches minimum. i. Minimum operating weight of 26,000 lbs. 5. ELS IE C a L. a. 12 or 24 volt electrical system. b. Manual battery disconnect switch. c. Driving lights,front and rear work lights,stop lights,warning lights and tail lights. Page 163 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 LBF'G-700 2019 Lee Boy 685B 2019 Mauldin MG618 2019 Norain 65E Grader THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE RME VEHICLE/EQUIPNENT TO MEET THE MODEL NUMBER AND BUILDCODES OF THE VEHICLLI S TED. 1. DIMENSIONS(A.PPROXI VI IE7 a.Length 21' b. Width 7' c.Height with cab 104" d. Weight 15,200 lbs. 2. El`dG12VE: a.Diesel,turbocharged 110 HP. b. Dual stage air cleaner c.39 gallon fiiel tank 3.DREET a.Hydrostatic drive or power shift b. 2 speed gear box 4. a. Fail safe brake system 5. STE a. 18 degree articulation left or right b. Front wheel lean 6.iyiC31,D13 A_ /BLAME a. 10'Sliding/Iiltin moldboard b. 10'Bladc c. Circle side shift d. Scarifier-center mount,front mount or rear mount acceptable. e. Adjustable turn table f Blade float control 7. C7PE IGRS a AIIGN: a.Enclosed cab b. Front and rear windshield wipers c. Suspension seat d. Air conditioned and heated cab e. Gauge package f. Work lights Page 164 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION#37 ® 70 UP B LLDOZER CANOPY-TRACTOR- ACKOPTIONAL 2019 Case 650M 2019 Caterpillar D3 2019 John Deere 450K ISG ITE ILL FACTORY NST G T E I /E UI SITO ET ' THF- E1 AND BUILD CODES of THE VEHICLELIQ 1. 1 PVA a.Minimum 4 cylinder 70 Net IV 2. T NSMISSIQIN ta.Hydrostatic,infinitely variable speed. b. Constantly variable 3. UNDERCAREIACIL a.Minimum 5 rollers b. Standard grouser minimum of 16" c. Top roller,each side 4. 13 ZI IZ: a.Minimum 96"wide b. Minimum 32"high c.Minimum 1.88 cyd blade capacity d. Power,angle,tilt(PAT)type blade Page 165 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 5RECIEICAjj!QN-M - 180 HI!R LLDOZER CANOPY TRACM 2019 Case 2050M 2019 Caterpillar D6T 2019 John Deere 850K THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. a.Minimum 6 cylinder 180 H.Pe diesel engine 2. TRANSMISSION; a.Power shift or hydrostatic drive b. Power shift to have 3 forward and reverse gear ranges minimum c.Hydrostatic drive to be variable 3. UULRCABYjAQL a. 7 rollers each side minimum b. Top roller each side minimum c.Manufacturers standard length track d. Manufacturers standard track width e. 24"grouser width 4. DQZER,BLADE;, a, 128"wide b. 48"high c. 2.5 cubic yard blade capacity d. PAT type blade,power angle and tilt,hydraulically controlled 5. QPERATING IGHT: a.Minimum Operating Weight-43,000 LBS. Page 166 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPEACIFICATION #4,1.-,HYDRAULIC MINI EXCAYATOR - MOU—B OPERATING 2019 Bobcat E32 T4 2019 Case CX33C 2019 Caterpillar 303E CR 2019 Hitachi ZX35-U-5 2019 John Deere 35G 2019 Kobelco SK35SR 2019 Kubota U35- 2019 35-2019 S SY35 2019 Takeuchi TB240 2019 Volvo EC 35 D 2019'Yamnar Vi035-6A THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMNT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. 1,WI ICrl1T: a.7,105 minimum capacity weight with canopy 2. EGII�IE/C 4 : a.Diesel engine,minimum 23 net horse power b. Rollover and falling object protective structures c.Gauges or warning indicators for fuel level,engine oil,hydraulic oil and coolant. 3. TRAYEL SYS M: a. Minimum high speed travel 2.3 MPH b. Minimum gradeability,20 degrees c. 11"wide rubber belt tracks 4. HY a.Gear type hydraulic pump b. Digging depth 9'minimutn c. Auxiliary hydraulic circuit and controls plummed to the end of stick with disconnect to allow the use of hydro-mechanical work tools d. Backfill blade c.Hydraulic motor-driven swing system a. 12 volt electrical system K 40 amp alternator c. Sealed electrical connector d. Work lights Page 167 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #43 KD-R&UJLC IMAVATOR- 38,000 LB OPERAIING EIGHT 2019 Case CX160D 2019 Caterpillar 3161° 2019 Doosan DX1 80LC-5 2019 Hitachi ZX 1 60LC-6 2019 John Deere 160GLC 2019 Kobelco SK17 L 2019 Link-Belt 160X4 2019 Volvo EC160EL =TM4E FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPINXNT TO MEET 4 TI FOLLOT THEMODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. a.Minimum operating weight-38,000 lbs 2. a.Turbocharged diesel engine 113 hp b. Spine on filters c.Two stage air cleaner 3-J'KA3JL_U a.Travel speed of 3.2 mph 4.JUPZ&ULLQSYS ML- a. Standard auxiliary hydraulic valve b. main hydraulic system flow 72 GPM minimum 5.UNDE9LARRIAGE. . a.Overall track length 12'10"minimum b. Overall track width 8'5"minimum c.Shoe width 24" 6. QPERA LADULL a.Cab to be air conditioned,heated and pressurized filtration system b. Intermittent windshield wipers c.Opening front windshield d. Vibration dampening cab mount e.Adjustable suspension type operator seat with safety belt f.Work lights Page 168 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 5=JFLCAUQNJ45 - HYDRAJULIC EXCAYATOR.WHEELED TYPE--A2 K&ERAIING WEIGHT 2019 Caterpillar M318 2019DoosanDX210WE-5 2019 John Deere 190 GW 2019 Volvo EW180E THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. L a,Minimum operating weight-42,000 lbs. 2. a. Turbocharged diesel engine 140 lip b. Spin on type filters c. Two stage air cleaner 3.1&Ay_J'SYSTEM: a. Travel speed of 21 mph 4. L7 IG SYS a, Standard auxiliary hydraulic valve. b. Hydraulic system flow 99 gpm minimum. 5. -12RIUL a. Wheelbase 8'minimurn b. Tire size 10:00x20 c. Ground clearance 13"minimum d. Gradability 61 percent 6. OPERATING STATI N: a. Cab to be air conditioned,heated,and pressurized filtration system. b. Intermittent windshield wipers, c. Opening front windshield. d. Vibration dampening cab mounts. e.Adjustable suspension type operator seat with safety belt, f Tinted safety glass. g. Engine monitoring system with audible alarms. h. Work lights. i. Tail,stop,turn,and emergency flashers. 7.SLI a.Boom and stick combination to allow minimum reach at ground level of 30'-minimum. b. Bucket to be a general purpose bucket,appropriately sized for machine and included. 8._$M!U SYSTEM: a. Swing radius 7 ft,approximate. b. Swing speed 9.5 rpm minimum. 9.MLaChj,LA�NEUS: a.Fuel capacity of 77 gallons minimum. a.Front blade with 8'minimum b. Rear outriggers Page 169 of 431 a.Telescopic boom b. 180 degree boom rotation c.30'reach at ground level from center pivot to buck cutting edge 10.BLU—ET.- a.60"ditching bucket provided with machine b. Quick attach type Page 170 of 431 3. Automatic swing park brake 4. 50 gallon oil reservoir 5. Spin on hydraulic filters 6. Swing speed 8 RPM b. Hydraulic Remote Control: 1, Travel and steering controls in upper structure cab 2. Automatic brakes and axle lockouts 3. Movement alarm c.Upper Structure Cab: 1. Isolated and acoustic lined 2. Tinted safety glass 3, Adjustable operators seat C Heater,air condition,and defroster 5. Work lights 6. Wipers and washers 7. Mirrors on left and right 8. Skylight d. Upper Structure Control: 1. Electronic joysticks on adjustable pedestals 2. Engine monitoring lights or gauge with audible warning or automatic shutdown 3. Pedals for steering and travel 4. Lov.,/high travel switch 5. Electric horn 6. Engine speed control e.Bucket: 1. Quick attach type 2. 60"ditching bucket provided with machine f Boom: 1. Telescopic boom 1 180 degree boom rotation 3. 30'reach at round level from upper structure pivot to bucket cutting edge Page 171 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION#42 - 41,711-ShMu DOUBLE I)RUM R014LER 5.400 LB 2019 Bomag BW120SL-5 2019 Case DV26 2019 Caterpillar CB24B 2019 Dynapac CC 1200 2019 Volvo DD25B LTIMIE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET FOLLO' T Tn HE MODEL NUMBER AND BUILD C ODES OF THE VEHICLE LISTED. 1. NVEIGHT: a.Minimum operating weight 5,423 lbs. 2. a.Drum compactor width on both drums no less than 47" b. Drum shall be smooth and not less than 27.5"in diameter c.Vibratory system shall be hydraulically driven d. Drum shall be equipped with scrapers both front and rear of both drums e.Drum shall be hydraulically driven and have two amplitude settings 3.LUQjU—E &Diesel engine of not less than 25 UP b. Reverse alarm for reverse operations 4. TRAVEL SY a. The machine shall be hydrostatlically driven b. Steering shall be centered articulated and oscillated 5. a,Unit shall be equipped with a pressurized water system for both drums b. Electrical system shall be 12 or 24 Volt Page 172 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES I LT NEX ,mK 2019{?brier 7018-SC 2019 Sewer Equipment Co.of America 747-F 000 2019 Vac-Con VecJet V3700 20I9 Vactor RamJet 4018 °i' �'DI,I,D 2�7 ITEMS WILL C'�o INSTALLED DSI f L72 IC1 MET DD L IIID CODES OF THE VEHICLELISTED. 1. a. 60 h.p.diesel ergine b. Water cooled c.Engine enclosure d. 15 gal.fuel tank 2. FUGH PRESSILRE WATERPRESS PUMP a.4000 psi at 18 gprn . Pressure relief valve V .Tripler type pump d. Lore water shutdown e.Multi-flow type system pressure change without changes to ergine rpm] 3. C;C?P3TIJQ a.Located next to hose reel b. Ignition c.Throttle d. Gauge package[tachometer,hourmeter,oil pressure,volts,and low oil/high temp shutdown] e.Water control valve 4.HAJERJAN& a..700 gal capacity b. High density polyethylene with battles c.Sight gauge d. 2 1/2"overhead tank fill,anti siphon,air gap type e.Strainer f.Tank drain 5.JLQ5BJJEhL a. 800'capacity of 1/2"high pressure sewer hose b. ,Hydraulic power in and out 6.H SE.REEL DRIVE HYDRAULTC SYSTE�T a.,Hydraulic pump 8 gprn b. 15 gal hydraulic reservoir c. Spin or type hydraulic filter 7. TRAILER a. 12000 Ib gv b. 6"x 3/16"frame c.Tandem axle . 2 5/16"hitch e.Tongue jack f.235/80 r 16"tires g. Fenders h. Breakaway switch i. Lighting as required by Federal and State laws j. Retleetive striping k. Toolbox with locking system 1. LLD directional arrowwstick ran.Warning beacon[tank mounted.] 8. EQTJHPMENT FII I3 Page 173 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPE "-IFICATION #52 -YA-CEUM EXCAYA]COR, TRAILER rNTEGMY-R- 2019 PacificTek PV800 2019 RamVac 1000 Vacuum Excavator 2019 Vac-Con Mudslinger MS800 2019 Vermeer LP873SDT 2019 X-Vac X800 THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. la EICiI-IT: a.6,190 lbs.(without trailer) 2. E a. 36 hp diesel engine b. Water cooled c.Fully enclosed sound attenuated engine enclosure(including vacuum pump and high pressure water pump) d. 15 gallon fuel tank 3. VAC a. 580 CFM at 15 inches of mercury b. Mounted inside engine enclosure c.Washable filtration cylinders d. Reverse pressure(to clear hose and offload liquids) 4. a.400 PSI at 4 GPM water pump b. Low water automatic shutdown c.Two 100 gallon poly water tanks d. 50'high pressure water hose on hose reel e. 5'and 3'wand and control handle 5.LQNJRQL—s— a.Lockable and waterproof b. Curbside located c.Oil pressure,water temperature,fuel and vacuum gauge d. Electronic throttle 6. a.Full open roar door b. Door hydraulically opened c.Twin dump cylinders d. 6"stainless steel portal shutoff c. 800 gallon debris tank capacity 7, a.4"pickup hose b. Hydraulically powered in/out and up/down c.Boom cradle d. 360 degree movement e.2 dielectric 3"suction wands f.33'rubber suction hose a,7,0001b.dexter torsion anxies b. 14,000 lb.GVWR c. 10,000 lb.jack stand d. I be construction c.Pintle hitch f.Electric brakes with safety breakaway & LT235/85RI6 tires h. Stop/tail/turn lights Page 174 of 431 7. 11 SYSTEM, a.Hydrostatic transfer case,split PTO,or auxiliary engine or transfer case 8. M ISCELLANWU a.Nozzles 15 degree and 30 degree forget b. Wash down gun e. 8"intake tube 20'minitnam d. Flexible hose guide e.Hose storage rack Page 175 of 431 b. 36"diameter minimum c.Segmented type broom d. Hydraulic drive a. 220 gallon water tank b. Run dry type water pump c. 15'hydrant fill hose d. Water spray jets adjacent to all brooms e. Water fifter 12,E1,CK U Q ZBEAD, 1. The following requirements are for the regenerative air system type sweeper.All other requirements are the same for either machine a. 72"outside dimension b. 12"pressure hose c. 12"suction hose d. Spring type suspension 13.13Z 1� 1. The following requirements are for the regenerative air system type sweeper.All other requirements are the same for either machine a.Direct hydraulic drive b. Cast aluminum with abrasion resistant coating c.Blower housing rubber lined Page 176 of 431 c.Main Broom- 1, Length-58"minimum 2, Diameter-35"minimum 3. Hydraulic motor-direct or chain drive and reversible 4. Full floating trailing arms w/shocks. 5. Lift Control—inside cab d. Sweeper Body: 1. Overall height—10°with strobe 2. Lift capacity—11,000 lbs minimum 3. 4.5 cubic yard hopper 4. Dump height-1 "minimum 5, Lift design—hydraulic 2-stage scissors 6. Hopper inspection door 7. Work lights—1 on each gutter broom and one in rear e.Hydraulic Systern: 1, Hydraulic pump capacity minimum--24gpm@,26OOrpm 2. Pump:dual tandem gear 3, Reservoir—21 gallons 4, Spin-on 10 micron hydraulic pump 5. Externally mounted reservoir level indicator 11 Water Spray System: I. Water tank construction—polyethylene and removable 2. Water tank capacity-280 gallons minimum 3. Fill hose 2 1/2"x 16°with NST coupler 4. Diaphragm pump type with run dry capability 5. Pump capacity—3.0 GPM minimum 6. Minimum of 9 spray nozzles—2 min per gutter broom,3 min for main broom 7. Water filter--80 micron mesh cleanable g. Conveyor/Elevator System: I. Minimum of 9 flights—replaceable I Belt material—rubber reinforced fabric 3. Belt speed—variable with auxiliary engine RPM 4. Drive—reversible with direct drive 5. Elevator jam warning light&buzzer in cab 6. Conveyer flush—built in Page 177 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES .RECLEICA-TION #57 -REGENERATIVE AIR &T-MT SWEEPER 2019 Elgin Crosswind Q Plus) 2019 Johnston RT655 2019 Schwarze A7 Tornado 2019 Tyinco 600 THE=THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET FOLLOWIN MODEL HUMBER AND BUILD CODES OF THE VEHICLE LISTED. 1. CAB&_QJ&52&- a.Engine: 1. 6 cylinder diesel,200 UP minimum. b. Transmission: I. Allison 2000 series,5-speed automatic c.Engine Equipment: I. Alternator: 12 volt 100 amp 1 Fuel water separator 3. Spin-on filters d. Cab: 1, Cab over,steel cab,with rust preventative coating 1 Dual operating position type cab to include:steering,controls,etc for sweeping from either side 3. Rubber floor mats 4. Air ride suspension seats,both sides 5. Pressurized cab with beat and air conditioning 6. Instrumentation for truck-oil pressure,water temperature,voltmeter gauges 7. Instrumentation for sweeper-tachometer,houmeter,oil pressure,coolant temperature gauges e.Fr e: 1. Rail type 90,000 psi 12.69 section modulus 2. Wheelbase-152"minimum 3. Front steel bumper 4. Fuel tank-50 gallon f. Safety: 1. West coast mirrors with lower mounted convex mirrors, 2. Intermittent windshield wipers 3. Daytime running lights 4. Backup alarm 5. Auto shutdown system for sweeper power plant g. Axles: 1. Front axle: 11,900 lb.GVW 2. Rear axle:21,000 lb.GVW 3. Single-speed rear axle 4. 22.5 x 8.25 steel wheels-disc type :5. 11R x 22.5 14 ply tires h. Brakes: 1. Antilock brakes 2. Front-15 x 4 drum 3. Rear-16.5 x 7 drum 4, Automatic slack adjusters-front and rear 5. Air dryer 2. IyItL1AIUMEP11 F3t)DV: a.Engine: 1. 4 cylinder turbecharged diesel 99 HP minimum 2. Spin-on oil filter 3. Dual element air cleaner 4. Alternator-12 volt 65 amp minimum b. Blower: 1. Direct belt drive 2. Blower rating-20,000 cfm Page 178 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICAT10N #58 ® j 2019B1awgi oxtB-95 2019 Broce 350 Broom LTOEoIS� iIT�t 2*pEP� II,T, � To INS I9 0 IiI Y7 1vT Cb MEET o I, BUILD CODES OF THE VEHICLELISTED. 1 a iFI�iFiT a.Minimum operating weight 5,500 lbs. 2. BIJCiI3�B: a.Diesel engine 74 HP at 2200 RPM b. Pre-cleaner 54 klone or equivalent c.27 gallon fuel tank 3.IRAIMLLYSTFM, a.2 speed hydrostatic drive b. High speed travel,20 MPH c.225175R15 tire size d. Joystick direction controls,or foot pedal c.Front or rear wheel steering 4. CAB: a.Roll over and falling object protective structures b. Enclosed cab with air conditioner,heater and defroster fan c.Front windshield wiper d. Gauges or warning indicators for fuel level,engine oil,hydraulic oil and coolant e.Right and left side doors f:Right and left side mirrors g. Shall have safety lighting package and night operating lighting package 5. a.Minimum 76"poly or poly-steel brush b. Brush shall have quick charge care system c.Minimum 150 gallon brush watering attachment d. Shall have variable brush dorm-pressure control c.Brush shall be hydraulically driven Page 179 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #60 - 8'6 X 2EDXCK-QYER ELATBED TRAILER- 16.000 LB GYW 2019 Big Tex 22P 55 2019 Eager Beaver 138-DOW 2019 Econoline BPO821DE Deckover Dovetail 2019 Felling Trailers FT-16-2 2019 Interstate 16BST 2019 Texas Trailer TX85258T 2019 T® aster TC-16 2019 Trail King TK20 2019 YL Specialized Trailers YL 24 T =T THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPNENT TO MEET F _ MODEL TH� M=L NUMBER AND BUILD CODES OF THE I VEHICLE LISTED. 1. a.Deck width-8'6" b. Overall deck.length-25' c.Dovetail length-5' d. GVWR-16,000 lb. 2. FRAME: a. 5"channel side rails b. 3"channel cross members on 16"centers c.4"channel undercarriage d. 2"x 3/8"rub rail with stake pockets e.Pintle hitch 3.DXQL a.2 x 8 pressure treated deck b. Galvanized deck screws c. 5'dovetail d. Spring assist stand up ramps 4. AX E a.Tandem 8,000 lb.Dexter oil bath axles(2) b. Electric brakes c.Breakaway brake system with well cell battery 5. LTHTINQ SYS EM: a.Protected turn/stop/tail lights b. Wiring run in conduit c.Heavy duty trailer plug 6. MISCELL a. Spare tire and rack b. Lockable tool box c.Primed and painted-choice of color d. Tongue jack rated for GVWR of trailer Page 180 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPE 71FICATION #62 - 481 WASTE TRAILER WITH WAL —F-LM R 2019 East Manufacturing Unloader Live Floor 2019 Mac Trailer TNSP48MF 2019 Steco AW048102 2019 Warren WMF,r THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPI-TINT TO I-SET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. 1. DIMENSIONS- a.Length-48'aluminum b. Width-102" c. Side height-100" 2. FL lt° a.Keith or Hallco running floor b. Extreme duty slats with center rib 3. MEMEFIL a. 14"spacing 4.LRQ&$.UME& a. Center and rear crosstubes b. Bolt in style 5. LI a.LED lights b. Mid turn lights 6.JAM a.Manual roll type-side to side b. Mesh type tarp, 7. a. Side swing-left or right b. CAM locking system with safety chain c.Extreme duty hinges 8. a.Holland Mark V 9. LESa a. TP axles or equivalent b. Same inner and outer bearings c, Outboard mount hubs 10.5LREUSQN- a. Cast hangers b, Leaf springs 11.TI S LN D WULEL$, a. Steel Disc 22.5x8.25 K 11 2.5 radial tires 12.MILSULLANEQU& a. Tow hooks on rear b. Air deflector in front Page 181 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIEICATION 064 -AR11CULATED 0FF RO" P TRUCK- 50,00 LB PAYLOAA EAFA 1 2019 Bell B25E 2019 Caterpillar 725 2019 John Deere 260E 2019 Terex T.4300 2019 Volvo A25G =T THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET - OL 0'0 HE M THEMOEDELL NUMBER AND BUILD CODES OF THE 11 V I EHICLE LISTED. J- 1. a.Minimum operating weight-40,000 lbs. b. Minimum gross weight(with payload)-91,000 lbs. 2, a. Turbocharged diesel engine,265 hp 6 cylinder,549 cubic inch minimum, b. Spin on type filters. c. Two stage air cleaner. 3.1HANS111531_QN: a.6 speeds forward,I speed reverse. b. Top speed of 31 mph c.Hydraulic retarder 4.,R_ a.Disc type service brakes. b. Disc type parking brake. 5. AXLES&DIEELgLU1Aj,5, a.Differential locks b. Planetary gear reduction final drives. c.Inter axle differential lock. 6. a.Tubeless,radial off road hauler tires. b. 215 R 25 tire size 7. STEE Ca a,45 degree left or right articulation angle. b. Secondary electric steering system for emergency steering. c.Double acting steering cylinders. x.D—PmAim(LSTATION: a.Cab to be pressurized,heated,air conditioned and filtered. b. Built in ROPS/FOPS protection, c. Suspension type operators seat with seat belt. d. Cab instrumentation or engine monitoring system with audible alarms. e.Tinted glass windows. f Sun visor g. Front and rear intermittent windshield wipers. h. Work lights,headlights,stop,tail and turn signal lights. i. Left and right mirrors. 9. BODY: a.Dump body tipping angle 70 degrees. b. Mud flaps c.Two single stage double acting body hoist cylinders. d. 18 yd.heaped capacity e.Body rise time maximum 12 seconds. Page 182 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 Bomag BC772 -4 2019 Caterpillar 826 2014 Tana E380 Compactor 2014 Volvo LC450H Compactor ITHE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE aASE VEHICLE/EQUIPMENT TO MET THE MODEL NUMBER AND BUILDCODES OF THE VEHICLELISTED. a.Minimum operating weight-80,000 lbs. 2. LN rI1�E° a.Turbocharged diesel engine 400 hp minimum, . Spin on type filters 3. TRAN MI I 1HYDRAULIC SYSTEM: a.Mechanical or hydrostatic:drive will be acceptable. b. 2 speeds forward and 2 speeds reverse,minimum. c.Spin on type hydraulic.filters. 4. PE TIIeTCa STATl_QN- a.Enclosed,sound suppressed cab. b. Air filtration system c.Air conditioned,heater and defroster. d. Gauges and engine monitoring shutdown system. e.Adjustable suspension seat. f.Outside mirrors g. Work lights It. Windshield wipers and washer 5. ELECTRICAL SYSTElll: a.24 volt 6. IEELS; a.Compaction wheels-48"width minimum. b. Wheel diameter-58"width minimum. c.Chevron chopper blades,weld-on or pin-on teeth type wheels acceptable. d. Anti wire wrapping device,if applicable. e.Cleaner bars,if applicable. 7. BL 4I3E: a.Straight or U type trash blade acceptable. b. 14'blade minimum c.6'blade height minimum d. Full width trash screen on top of blade. e.Bolt on cutting edges. 8. MISCELL f2- a.Fully shielded engine compartment. b. Removable belly pan c.Landfill shielding package,if applicable. Page 183 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION #67,-,,L3RUSHL 2019 Bandit 15XP 2019 Duraech TC-15 2019 Morbark MI5It 2019 Vermeer BC 1500 THE OLLO ING ITEMS WILL BE FACTORY INSTALLED OTHE BASE VEHICLE/EQUIPmENT TO MEET THE MODELfi AND BUILD CODES OF THE VEHICLELIS 1.DIMENSIONS: a.Weight-6800 lbs. b. Width-72" c.Height-100" d. length-176" e. 15"chipping capacity 2. ENGINE: a. 122 hp diesel engine b. Over center type clutch c,Heavy duty air cleaner d. Spin on type Filters 3. C ASS1S: a.Main frame constructed of rectangular tubing or"z'section. b. 7000 lb.axle torsion type c.Electric brakes with breakaway way switch . ST 235/801116 tires load range E e.Steel wheels f Drop leg jack g. 2 Ill"diameter lunette or 2 5/16"ball hitch h. Adjustable height hitch i. Safety chains j. 6 way light connector k. All wiring in conduit to lights 1. Four function rear lights 4.FEED SYSTEl�Ie a.Infeed throat opening-20"x 15'" b. Serrated infeed rollers c.Feed rollers hydraulically driven d. Feed table height-27" e.Feed table length-30" f. Safety control bar a round infeed opening for emergency stop. 5. � 1'PEFI IIRIIi+i tlll I?1SC a.Drum type: 1. Size-22"diameter x 22"width 2. 2 knife pockets 180 degrees apart 3. Dual edge reversible knives . Extreme duty bearings . Adjustable bedknife(reversible) b. Disc type: 1. 37"x 2"diameter disc 2. 4 knives reversible 6, CLUPPER FFDL1SINfI: a.Easy access door for knife changes b. Drop down door for anvil adjustment or clean out c. Chipper housing to be constructed for maximum safety and operator protection 7. DISC f2C1E CTE: a.Flotation of 360 degrees Page 184 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 Bandit 2550 2019 Vermeer SC362 2019 Taro STX 38EF'I ICI ITEMS WILL B ,CT INT 1VEHICLE/EQUIPMENT 7CFR AND BUILDCODES OF THE VEHICLELISTED. 1. EIVIlJ1 a.35 H.P.gasoline engine b. 6 gallon fuel tank c.Positive feed oil system with spin on Ater d. heavy duty air filter e. 12 volt starting/charging system 2. QRQJLND D a.hydraulic Ground Drive b. 2 speed travel c.hydraulic brake system d. hydraulic steering system e.hydraulic system spin on filter f.4 gallon hydraulic reservoir 3. g1j]JE.R DRIVE: a.Electric drive clutch b. Adjustable V belt drive 4,CQTTER W EL: a. 17"diameter b. 16 dual cutting edge teeth c.Teeth packet mounted d. Cutter wheel guard 5. Ct7�ITRC9LS; a.Hourmeter b. Low-oil shutdovm c.Boom swing left and right d. Boom up and down c.Travel forward and reverse f Steering g. Operator presence shutdown 6. APPROXIMATE DIMENS10 : a. Weight-1 201bs b. Length- 110" c. Width-49" d. height-53" 7. CUTT°fNG I3 SIGNS: as Above ground-24" b. Below ground-15" Page 185 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIF1 2019 Doosan P185ViTl)0-T4F 2019 Ingersoll Rand 2475F I 36H 2019 Ingersoll Rand 247517146 2019 SULLAIR 185 T417 2019 Sullivan Palatek DI 8 5PDZ I. A1TKQMM&1E—DUV.NEQN5, a.Weight: 1950 lbs. K Length:79 Inches c.Width:40 Inches d. Height:47 Inches 2. a.49 hp Tier 4 Engine b. 12 Volt electrical system c.Engine protection system d. Gauge package a. 185 cfm @ 100 psi b. Rotary or reciprocating style compressor c.2 service valves 4. TRAILER a. 3700 GVW axle rating b. Manufacturer Rated Tires c.Fold up tonguejack 5. a,Fixed weather enclosure over entire engine/compressor b. 2 Full size tool boxes Page 186 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFIC I A "N 2019 Genic CTS-1930 2019 Haulotte Optimum 1930 E 2019 JLG 1930 ES =THETIHMEFOLLOWING MEET I ILL FCO ` IPd J1 L O filC / LTII� TOHE CJILD CODES OF THE VEHICLELISTED. L L)INIE SIOa_(APPIiC1 Ihl4TE) a. 64"x 29"Platform . 36"Extension Deck c. 25'Working Height(raised) d. 18'Platform height(raised) e.Lift Capacity 500 lbs. 2. P a. 24 Volt b. 4-6 Volt Batteries c. On Board Charging System d. Dual Front Wheel Drive 3.D _ ,, a. 2 or 4 whecl brakes 4. &V—QEM a.Fixed rails b. 36"Extension Deck c.AC Power to platform d. Lanyard attachment paints(2) 5. AFE1' . a.Manual platform lowering b. Emergency Stop on Platforra and Ground control c.Descent alarm d. Hour meter c.Horn f.Pothole guards g. On board diagnostic system h. Tilt lever sensor with alarm i. Scissor maintenance prop Page 187 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES ,SEE �IFICATIQN#74 - EDMRID LIGHT T01YER 2019 MPMC NMT4x I 50-9155L Hybrid Light Tower 2019 SignalPower HT444PC O THE FLLOWING ITEMS WILL BE FACORY ZN TINSTALLED ON THE BASE VEHICLE/EQUIPIVT TO MEET [ FOLLOW= H:E MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. 1,DIMENSIONS(APPR02UMAM a.Length 174" b. Width-Solar Panels Retracted 69" c.Height 72" d. Mast Deployed Height 3 ® e. Weight-1850 pounds. 2. GE TC) a.Perkins 403.17.1 I-IOK)N'Tier 4 b. 2,20A/120 v Receptacles c.Electric Start d. 12-30 Gallon Fuel Tank e.Auto Mode-Automatic Start for Low Battery f.Hybrid Systems Automatically Switches Between Solar Battery,Generator,or Standard Household Current 3, T&ALLER a.Axle 2000 lbs. b. 13°" eels c.Hitch 3 Position Adjustable Ball d. Stabilizers-2 Extendable Outriggers; I Trailer Jack e.Top Mounted Fork Pockets and Single Lifting Eye f.Powder Coated DOT Rated Trailer with Lights g, Trailer Weight-1850 pounds 4. a.30 ft.Extendable Mast in 3 Stages b. Wind Stability to 40 mph c.Rotates 90 Degrees 5. LI HT a.4 Quick Connect 320 Watt each LED Lights b. Dimmer Control c.Instant On/Off d. 365 Day Programmable Timer for Lights,On/Off e.Lens Patter Spread of 150 Degrees f.Meets DOT Anti-Glare Regulations 6. SOLAR PANELS a.5-100 Watt Panels b. Operating Temperature-40c to 46c 7.RAIIERM a.4 Deep Cycle Batteries b. Optional Lithium Cells c. 12 Volt,220 A-MP Hours Page 188 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 310&GENERA 2019 ]MC 1355-2 2019 LJPULJ125 2019 ANSA J-125 2019 Blue Star Power Systems JD125-02 2019 Caterpillar D 125®8 2019 Generac SD130 2019 Tradewinds TP125 THE FOLLOWINGITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPMENT TO MEET THE MODEL NUMBER AND BUILD C ODES OF THE VEHICLELISTED. 1. lj2ENE9AjQR UQJU 1VTS: a. Standby duty rated at 125.0 kW, 156.3 KVA,8 power factor. b. 480 volts c,3 phase,60 hertz, 1800 rpm & Directly connected to the engine flywheel housing with flex coupling. e.Generator shall meet performance class G3 of IEC. f,Unit shall be in compliance with and be UL 2200 labeled. 2, b a.Water cooled diesel engine,sized for generator set. b. Emission compliant engine. 3. QN_T tJ t a. Solid state,microprocessor based generator controls. b. Controls shall provide all operating,monitoring and control functions for generator set. 4. ENCLQSU /SILENCER. a. Complete diesel engine generator set including control panel,engine starting batteries and fuel oil tank shall be enclosed in a factory assembled water protective,sound attenuated enclosure. b. Critical grade silencer. c. Companion flanges. d. Flexible stainless steel exhaust. 5. F LTA a.Double wall subbase tank integral to enclosure. b. 24 hour capacity at 100%at full load. c.Rupture basin with 110%capacity. d. Locking fuel caps. e.Mechanical fuel level gauge. f.Low fuel level alarm contact. g. Fuel tank rupture alarm contact. h, Must meet UI.142 and EDEP standards. 6. BAT'T'ERY CHAR ER: a.Current limiting battery charger to automatically charge batteries. b. Charger shall be dual charge rate with automatic switching to boost rate when required. c.Charger shall be mounted on gonset package. 7. START I A TESTING` a.Vendor must coordinate all start up and testing activities with the engineer and owner.After installation is completed by others and normal power is available,the vendor must perform a one(1)day start-up including the use of building load.The start-up technician will instruct all necessary personnel how to operate and maintain the equipment in accordance to themanufacturer's requirements. . CC1j11IT1C1NS: a.In addition to equipment specified,each generator shall be equipped with all standard equipment as specified by the manufacture for this model and shall include but not be limited to the fallowing necessary items: 1. Initial filling of tail and antifreeze. 2. Shrink wrap applied to the product to ensure a clean finish. 3. During the start-up,the technician shall record the following information and provide to the owner for his records: b. Record Operating Voltage,Hz,Ph,and connected load(.Amperage) Page 189 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2019 Blue star Power systems VD 150-02 FT4 2019 Chicago Pneumatic CPG-250 T4F 2019 Doosan G19 WCU-34-T4F 2019 Generae/Magnum MDG175DF4 2019 LJP AT150 2019 MPMC 150S-2 2019 Multiquip DCA 220SSJU4F 2019 TechnoGen FP200TS 2019 Tradewinds TP150 2019 Wacker Ncuson G 180 11 =THEFOLLOWING ITEMS ILL FACTORY INSTALLED ON IC / QUI 1T TO T NUMBER AND BUILDCODES OF THE VEHICLELISTED. 1. GENERATOR QUI _ NTS: a. Standby duty rated at 150kwe, 187kva,8 power factor. b. Prime power duty rating 135kwe, 168kva,0.8 power factor. c.Main Breaker shall be equipped with shunt trip. d. Generator end shall be Direct coupled to the engine flywheel with a flexible coupling. e.Generator shall meet performance class G3 of IEC° f°Jacket water heater. 2° N INE° a.6 cylinder,water cooled,I800rpm,diesel engine. b. Current emission compliant diesel engine. c. Spin on fuel and oil filters. 3.VQLTACE CHANCE.QYEIt_SWITCH&DIST UTIC?N; a.Manual 3 position voltage change over switch to select each voltage as specified when the unit is not running. b. 1ph 120/240,3ph 120/240,3ph 1201208,and 3ph 277/480. c.A five point connection shall be provided for ease of connection of load leads. d. One 50 p, 120/240vac,1 ph,twist lock receptacle, e. One 30 p, 120/240vac, 1 ph,RV type receptacle. £ Two 20 p, 120/240vac, I ph,duplex receptacle. g. Two 20 p, 120/240vac, Iph,duplex GFI receptacle. h. Each receptacle shall be protected by a individual circuit breaker. i. A receptacle shall be provided to power both the jacket water heater and on board battery charger. j. Two thumb screw type connection points shall be provided for remote auto start. 4. CCDN7I8t7LS: a. Solid state,microprocessor based generator controls. b. Controls shall provide all operating,monitoring and control functions for the generator set.Controls shall provide for auto st stop functions. c.A emergency stop push button will be installed. d. A voltage adjustment shall be provided in the panel to adjust voltage in all voltage positions. e.A switch shall be provided in the panel to turn all power off in the panel if not being used. 5. E CLQL112E: a. Complete diesel engine generator set including control panel,engine starting batteries and fuel tank shall be enclosed in a factory assembled weather protective,sound attenuated enclosure.The sound attenuated enclosure noise level is not to exceed 73—75dba 'e@ 21 feet. b° Oil and seater drain lines shall be provided and extend to the enclosure wall with valves for easy service. c.Critical grade silencer. d. Companion flanges. e.Flexible exhaust-flex. f.Keyed alike lockable doors. 6. 1NF3A EF a.Trailer shall be DOT approved with proper serial number data plate indicating weight capacity minimum of 10,000lbs. b. Trailer will have dual axles with torque springs to reduce overall height of package. c. Standard 7 or 5 pin vehicle hitch receiver to be supplied. d. Trailer will have two rear level jacks with sand shoes and front leveling jack. e. Trailer will have hydraulic brakes. Page 190 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECLEICATION#78 - 50010Y GENERATOR FAfJJAGK 2019 AKSA APD- 7500 2019 Blue Star Generator(VD500-0 1) 2019 Caterpillar 15 ACERT 2019 Generac SD500 2019 LJP ULJ500 2019 MPMC NIP50OS-2 2019 Tradewinds T500 2019 Wacker Neuson 0'x625 THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASS VEHIGLE/EQUIPNENT TO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. L GENERATQR REQUIRE NT a. Standby duty rated at 500k e,625kva,0.8 power factor b. 480 volts c.Voltage options are: 120/240, 120/208 or 277/480 3ph d. Directly connected to the engine flywheel housing with a flex coupling e.Generator shall meet performance class G3 of IEC f.Unit shall be compliance with UL 2200 specifications 2. EN INE a.6 cylinder,water cooled, 1800rpm,diesel engine b. Emission compliant engine to stationary standby regulations 3. CCfTd CELS a. Solid state,microprocessor based generator controls b. Controls shall provide all operating,monitoring and control functions for the generator set. c.Control panel is NFPA 110 Compliant 4. ENQLQ5jjRE/SILENCER a.Complete diesel engine generator set including control panel,engine starting batteries and fuel oil tank shall be enclosed in a factory assembled weather protective,sound attenuated enclosure with oil and water drain lines b. Enclosure shall be constructed from aluminum,preferably out of.125 thickness and 5058 marine grade aluminum. c.Critical grade silencer(25113 Reduction) d. Companion flanges e.Flexible stainless steel exhausts flex. a.Double wall sub-base diesel fuel tank shall be integral to the enclosure b. 24 hour capacity at 75%load rating c.Rupture basin will be of 110%capacity d. Locking fuel caps e.All necessary vents and caps will be provided f.Mechanical fuel level gauge g. Low fuel level alarm contact h. Fuel tank rupture basin alarm contact i. Must meet UL 142 and FDEP standards 6. BATTERY CHARQM a.Current limiting battery charger to automatically charge batteries b. Charger shall be dual charge rate with automatic switching to boost rate when required. c.Charger shall be mounted on genset package. 7.DELLVEU a.Net cost includes delivery of equipment to governmental site location. b. Coordination and offloading of the equipment at the governniental site location will be the responsibility of the purchasing agency. 8.START UP ANL)CQMMISS 5 a.Vendor must coordinate all start up and testing activities with the engineer and owner.After installation has been completed, approved by the local electrical inspector,and normal power is available,the vendor rNrill perform a One(1)day start-up including the use of building load.The start up technician will instruct all necessary personnel how to operate and maintain the equipment in accordance to the manufacturer's requirements. Page 191 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIELCAIION#79 - 500KW MOBILE GENERATOR PACKAGE 2019 Blue Star Generator(VD500-02-FT4) 2019 Caterpillar 500 kW(XQ570) 2019 Holland PT6TPC-P I 104D44T 2019 MPMC MP500S-2 2019 Tradewinds T500 2019 Wacker Neuson G625 =THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIPI�ENT TO MEET E FOLLO� THEMODEL NUMBER AND BUILD CODES OF THE VEHICLE LISTED. 1. MNERAT LUME—MM-T-s- a. Standby duty rated at 5OOkwc,625kva,0.8 power factor. b. Prime power duty rating 450 c,563kva.,0.8 power factor. c.Main Breaker shall be equipped with shunt trip. d. Generator end shall be Direct coupled to the engine flywheel with a flexible coupling. e. Generator shall meet performance class G3 of C. 2. EN a, 6 cylinder,water cooled, 18Q m,diesel engine. b. Current emission compliant diesel engine. c. Spin on fuel and oil filters. d. Jacket water heater with service valves to ensure coolant does not need to be drained if heater needs service. c. 120vac, I ph,60hz input 10 amp,24vdc,output automatic battery charger. f Standard 4D lead acid batteries with battery rack and cables. 3. VOLTAGE CH N F OVER SWITtHtSND D STRlBQTlQN a.Manual 2 position voltage change over switch to select each voltage as specified when the unit is not running b, 3ph 120/208,and 3ph 277/480 c.Load leads shall be attached to the generator using two(2)forms and shall be rated for 2000 amps.Generator will be equipped with both:c-l.Five(5)compression lugs per phase rated for 400 amps each d. A 20 amp,120vac, 1ph,male receptacle shall be provided to power the jacket water heater. e.A 20 amp,120vac, I ph,male receptacle shall be provided to power the battery charger. f Two thumb screw type connection points shall be provided for remote auto start. 4. CONTROLS a.Solid state,microprocessor based generator controls b. Controls shall provide all operating,monitoring and control functions for the generator set.Controls shall provide for auto start/stop functions. c.An emergency stop push button will be installed. & A voltage adjustment shall be provided in the panel to adjust voltage in all voltage positions. c.A switch shall be provided in the panel to turn all power off in the panel if not being used. f.A front face mounted circuit breaker shall be provided to protect the panel from any D.C.spikes. 5. E1siCLOS a.Complete diesel engine generator set including control panel,engine starting batteries and fuel tank shall be enclosed in a factory assembled weather protective,sound attenuated enclosure.The sound attenuated enclosure noise level is not to exceed 90 dba @ 21 feet. b. Enclosure shall be constructed from aluminum,preferably out of.125 thickness and 5058 marine grade aluminum. c.Oil and water drain lines shall be provided and extend to the enclosure wall with brass ball valves for easy service. & Critical grade silencer(25db reduction). e,c.Companion flanges. f,f.FIexible exhaust-flex. g. g.Keyed-alike lockable doors. 6.IN BASE F TANK TRAILER a.Trailer shall be DOT approved with proper serial number data plate indicating weight capacity minimum of 20,000lbs. b, Trailer will have dual axles with torque springs to reduce overall height of package. c. Standard 7 pin vehicle wiring connector to be supplied. d. Trailer will have two rear level jacks with sand shoes and front leveling jack. e.Trailer will have hydraulic brakes, f.Trailer will have all necessary safety equipment to include,but not be limited to,an adjustable and removable pintle hitch,36 inch safety chains,fenders,lights per DOT,and break away cable. g. Tires will be minimum load range type"D"(8 ply rating)with matching steel rims.Rims are to be finish painted. Page 192 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATION V80 - 600 AMP A-UTOMAIIC — 2019 ASCO Series 300 2019 Caterpillar CTG Series 2019 GE Zenith ZTG600 2019 Generac GTS600 2019 Thomson TS 870 THE FOLLOWING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIFI-ENTTO MEET THE MODEL NUMBER AND BUILD CODES OF THE VEHICLELISTED. 1. AUTOMATIC TR SFEIB S TCFI: a.Maximum voltage rating of 600Yac,60hz b. Iph or 3ph c.Open transition(break-before-make)transfer logic d. Transfer switch must meet the related industry standards: I. UL 1008-Automatic transfer switches for use in emergency systems Z CSA-Automatic transfer switches 3. NEMA-Industrial control and systems AC transfer switch equipment 4. IEC-Automatic transfer switching equipment 2. a.600 amp,3 pole,277/480vac,60hz b. Enclosure type.NEMA 3r 3. CTIONAI.: a. The automatic transfer switch shall automatically transfer the load to the generator supply in the event of a utility supply failure and return the load to the utility supply upon restoration.The automatic transfer switch power switching devices shall be mechanically and electrically interlocked to prevent the utility and generator supplies from being interconnected. b. All timers should be field adjustable to ensure proper field site compatibility. 4. AUTQMATIC SEQUENCE OF OPE TI - a.When the voltage on any phase of the utility supply is below present levels of rated voltage for a preset time delay,a contact shall chase to initiate start of the standby generator. b. The load shall transfer to the generator supply when the generator voltage and frequency have reached acceptable present levels and the warm-up time delay has expired. c. When the utility supply is restores to the above present levels of rated voltage on all phases,load transfer from generator to utility supply shall be initiated following expiry of the utility return timer. d. Once the transfer mechanism operates and opens the generator power switching device,the transfer mechanism shall stop in the neutral position(i.e.with the both power switching devices open)for the duration of the neutral delay timer setting to allow load voltage to decay prior to reconnecting the utility supply. e.The load shall be re-connected to the utility supply once the neutral delay timer expires and the transfer mechanism continues operation and closes the utility power switching device. f.The load shall immediately retransfer to the utility supply(if within acceptable limits)should the generator supply fail prior to the expiry of the utility transfer delay. ga The generator set shall continue to operate following a load transfer for a cool down delay period,and then a contact shall open to stop the generator set. K An"on load"test mode may be initiated which shall cause a simulated utility failure condition and transfer the load to the generator set.The transfer sequence shall be the same as for a utility power failure except a neutral delay sequence shall occur when transferring from utility to a generator source. L The load shall immediately retransfer to the utility supply(if within acceptable limits)should the generator supply fail during an"on load"test mode. 5. FACTORY TESTING: a.A certified factory test report shall be shipped with each switch at time of shipment. b, The automatic transfer switch shall be factory tested prior to delivery to the purchaser.The following test shall be conducted by qualified factory personnel- 1. Visual Inspection 2. Mechanical Tests 3. Electrical Tests 4. Final Inspection 6. FIELD TESTING AND CO- SSION G.:. Page 193 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SPECIFICATML#81 - 6 INCH MOBILEX-EMP PACKAGE 2019 BBA BAI 50E 2019 Godwin CD150M 2019 Pioneer PP66S I 2L71 2019 Holland Pumps(PT6TPC-PI 104D44T) 2019 Supervac Triton 2019 Thompson 6JSC 2019 Tradewinds TPK064750 ETHE FOLLOW-NO :E TaE ING ITEMS WILL BE FACTORY INSTALLED ON THE BASE VEHICLE/EQUIBNENT TO NEET 7 IT MS M U: M THE MO:D:E:L:NUMB:ER AND BUILD CODES OF THE VEHICLE LISTED. I. DESI(iN REQIHREMENT5- a.Discharge size:6 inches b. Suction size:6 inches c.Capable of 1750 GPM minimum d. Capable of 160 ft.Total Dynamic Head(TDD)minimum e.Duty Point,Maximum: 1,000 gallons per minute minimum(GPM)at 120 ft.Total Dynamic Head(TDH) f.Impeller Diameter:Manufacturer's standard for pump g. Operating Speed Maximum:2,200 RPM h. Solids Handling Size,Maximum:3 inches 2.ENULUL a.Diesel engine,appropriate to pump size at continuous duty. b. Emission compliant engine c.Industrial grade exhaust muffler and rain cap d. Oil and water drain lines with ball valves c.Low water level shutdown switch f. 12vdc system with battery rack and cables g. 50 gallon minimum fuel tank with low fuel level alarm and shutdown. 3.LUW— a.Check valve b. Impellers C. Self priming system 4. CC}IVT12C91 S: a. Solid state,microprocessor based pump controls. b. Controls shall provide all operating,monitoring and control functions for the pump set, c. Controller will also provide 2 fully programmable contacts for input and output signals accordingly. d. Controller will provide remote start stop control with adjustable ramp(speed)time control. e.UL 508 R and CSA 022.2 No. 14 approved. 5.IRAILEK. a. The manufacturer shall mount the diesel engine and pump unit with the above 50 gallon subbase tank on a street legal D.O.T. approved trailer.This trailer will be able to be rated for a safe travel at speeds of 60 mpg and not be limited to the following specifications: I. Trailer design shall be such that the County/City may easily remove the entire engine,fuel tank and pump from the trailer. 2. 12vdc electric system 3. Lunette or military type towing ring with safety chains. 4. Single point lifting bar. 5. License plate bracket 6. Sand shoe type support stands front and rear. 7. Torque spring axles to meet load of trailer. b. The trailer must have a vin and a certificate of origin. 6. EIA—RI UP AND COMMISSIQNSIN—G, a.Vendor must coordinate all start up and testing activities with the engineer/owner.After field delivery of the pump and trailer,an authorized factory representative shall perform the initial start up and field testing of the pump and trailer.If conditions permit,a site will be determined where connection will be made by the County/City to test the pump package.If a site cannot be prepared a standard operational test will be performed. b. At the same time the start up test is performed,the factory representative will provide all necessary operation,field maintenance and minor repair training as necessary.This will also include safety procedures and hazard assessment. Page 194 of 431 FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES SY AQUATIC WEED CUTTER WORKBO 2019 Weedoo TigerCat Workboat ---------- Eo HE FOLLOWING ITEMS WILL BE FACTORY INCODES OF THE STALLED ON THE BASE VEHICLE/EQUIPMENT TO bWET HE DEL NUMBER AND BUILD VEHICLE LISTED. I. 9ENERAL 13OENSIj2NS a,Height-8' b. Width-TY c.Length- 15' d. Height from waterline-48" c.Boat draft-4"to 6" f Weight-2285 lbs 2. EN INE a. 3 cylinder diesel engine b. Liquid cooled c.Electric start,and charging system 3. HYDRAULICS, a.Triple pump design b. 27 GPM c.Eco friendly hydraulic fluid 4, a.Twin hydraulic outdrives b. Weed and mud design propellers 5. VESSEL LL a.Fiberglass/Kevlar design b. Deck mounted cutter and loader 6. 130QMf-UL M a.Hydraulic drive b. Full articulation to cut 5'below waterline 7. FRQNT END L a.Marine type vegetation bucket 8. IDAII&IMIL a.All hydraulic functions/propulsion functions controls 9. EIt a.Trailer to be designed specifically for this workboat and will meet all federal,state,and local laws for a trailer operated on the highway. Page 195 of 431 .IAT FLORIDA C()UNFMS AD About Bari& FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES Name of Dealership Type of Vehicle Zone ase Unit Price 18`61 : 91 t"14 ()Fi=ll F.L,NTBED"1`F,-t 11L111- 11x.11) 1x13 GIVW s li �a r��n ii(y Texas Trailers Sales and Service 2019 Big Tex 22P 55 Western $11,265.00 2019 Big Tex 22P 55 Western - - Texas Trailers Sales and Service 2019 Big Tex 22P 55 Northern $10,740.00 2019 Big Tex 22P 55 Northern - - Texas Trailers Sales and Service 2019 Big Tex 22P 55 Central $14,930.00 2019 Big Tex 22P 55 Central -- Texas Trailers Sales and Service 2019 Big Tex 22P 55 Southern $11,310.40 2019 Big Tex 22P 55 Southern --NB-- Dobbs Equipment LLC 2019 Eager Beaver 138-DOW Western $11,525.00 2019 Eager Beaver B&DOW Western --NB-- Dobbs Equipment ILC 2019 Eager Beaver B 8-DOW Northern $11,525.00 2019 Eager Beaver B 8-DOW Norte --NB-- Dobbs Equipment LLC 2019 Eager Beaver B S-DOWCentral $11,525.00 2019 Eager Beaver B8-DOW Central - - Dobbs Equipment LLC; 2019 Eager BeaverBS-DOW Southern $11,525.00 2019 Eager Beaver B8-DOW Southern - - -Deland Truck Center 2019 Econoline BP0821DE Deckover *Western $7,735.00 Dovetail 2019 Econoline BPO821DE Deckover Western - Dovetail DeLand Truck Center 2019 Econoline BPO821DE Deckover *Northern $7,385.00 Dovetail 2019 Econoline BPO821 DE Deckover Northern --NTB-- Dovetail DeLand Truck Center 2019 Econoline BPO 821DE Deckover Central $7,565.00 Dovetail 2019 Econoline BPO 821DE Deckover Central --NTB-- Dovetail DeLand Truck Center 2019 Econoline BPO821DE Deckover *Southern $7,635.00 Dovetail Page 196 of 431 Flagler ConstructionEquipment 2019 Trail King TK20 Central $16,500.00 2019 Trail King TK20 Central --NB-- Flagler Cons tructionEquipment 2019 Trail King TK20 Southern $16,500.00 2019 Trail King TK20 Southern --NB-- Sun State International Trucks,LLC 2019 XL Specialized Trailers XL 24 T Western $18,650.00 2019 YCL Specialized Trailers XL 24 T Western --NB-- Sun State International Trucks,LLC 2019 YCL Specialized Trailers XL 24 T Northern $18,650.00 2019 XL Specialized Trailers XL 24 T Northern --NB-- Sun State International Trucks,LLC 2019 XL Specialized Trailers YCL 24 T Central $189650-00 2019 XL Specialized Trailers XL 24 T Central --NB-- Kelly Tractor Co 2019 XL Specialized Trailers YCL 24 T Southern $18,500.00 2019 XL Specialized Trailers XL 24 T Southern --NB-- Page 197 of 431 VEHICLE: 2P' 255 DE ALER. Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Service Service Service Service ZONE: Western Northern Central Southern BASE PRICE: $11,265.00 $10,740.00 $10,930.00 $11,310,00 Order Code Delete Options All Zones 14ET-20 Downgrade to Tx 20'equipment,2"dovetail tandem axle tag type trailer, 12,000 lb.GVWR ($5,410.00)' ***6'11"x 20'Heavy Duty Equipment Trailer***17'Deck+3'Dove Tail,tandem axle tag type trailer,14,000 lb.GVWR, G.A.W.R.(Ea.Axle)-7,0009 Coupler-Adjustable Cast 2-5/16",Safety Chains-318"Grd.70 wl Safety Latch Hook(2 each), Jack-12 K Side Wind Jack,Tongue-6"Channel Fold Back Frame-6"Channel Crossmembers-3"Channel on 16 Centers-Fenders-9"x 72"Diamond Plate wlBack(Removable),Axles-Two 7,0009 EZLube wl Electric Brakes, Suspension-Multi-Leaf Spring wlEqual!.-er,Tires-57235180 R-16 Load Range E, "eel-16 x 6 HD Black Mad 8 Bolt, Floor-2"Treated Pine,Lights-LED D.O.T.Stop,Tail,Turn,&Clearance,Elec.Plug-7-Way RV,Finish-(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Finish-Superior Quality Finish isAppliedfor a Highly Decorative and Protective Finish,Spare Tirel 14ET-22 Downgrade to 7'x 22'equipment,2'dovetail tandem axle tag type trailer, 14,000 lb,GVWR 1($5,010M) ***6'11"x 22'Heavy Ditty Equipment Trailer"*19'Deck+3'Dove Tail,tandem axle tag type trailer,14,0001&GVWX G.A.W.R.(Ea.Axle)-7,000#CD up ler-Adjustable Cas t 2-5116';Safe ty Chains-318"Grd. 70 wl Safety Latch Hook(2 each),Jack-12 K Side Wind Jack, Tongue-6"Channel Fold Back Frame-6"Channel,Crossmembers-3"Channel n 16"Centers-Fenders-9"x 72'°Diamond Plate vlBack(Removable),Axles-Two 7,0004 EZLube wl Electric Brakes, Suspension-Multi-Leaf'Soring wlEquafizer,Tires-ST235180 R-16 Load Range E, Wheel-16 x 6 HD Black Mod 8 Bolt, Floor-2"Treated Pine,Lights-LED D.O.T.Stop,Tail,Turn,&Clearance,Elec.Plug-7-Way RV,Finish-(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Finish-Superior Quality Finish is Applied for a Highly Decorative and Protective Finish,Spare Tird 16 T-20 Downgrade model-specify ($2,670.00)' ***6'11"X20'Super Duty Equipment Trailer'17'Deck+3Dove Tail,tandem axle tag type trailer,G.V.W.R.17,500#, Axles:(2)8,0004 Oil Bath wl Electric Brakes,G.A.W.R.(Ea.Axle)8,000if:Suspension,Multi-Leaf Slipper Spring wlEqualizer,Coupler:Adjustable 2-5116"20,000#Deraco,Tires:ST215175 R-17,5 Load Range H,Safety Chains:318'°Grd. 70 wlSafery Latch Hook(2 ea.), Wheels:17.5"x 6.75",Heavy Black Mod 8 Bolt:Jack. 12,000#Drop Leg Jack-Side Wind, Floor:2"Treated Pine, Tongue:6`°Channel Fold Back/Wrap Tongue,Lights:L.E.D.D.O.T.Stop,Tail,Turn&Clearance. Front Stop Rail.Fabricated Front Stop Rail,Electrical Plug:7-Way RV,Frame:8"Channel,Finish:(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Crossmembers:3"Channel on 16'°Centers,Fenders:9'°x 72"Double Broke Diamond Plate w/Back(Removable),Finish.,Superior Quality Finish isApplied far a Highly Decorative and Protective Finish,Spare Tire I 16FT-22 Downgrade model-specify ($2,260M)' ***6'1I"X 22'Super Duty Equipment Trailer 19'Deck+3'Dove Tail,tandem axle tag type trailer,G.V.W.R.17,500#, AXLE(2)8,0004 Oil Both wl Electric Brakes,G.A.WR.(Ea.Axle)8,0004:Suspension:Multi-Leaf Slipper Spring wlEqualizer,Coupler:Adjustable 2-5116"20,000#Demco,Tires:ST215175 R-17.5 Load Range H,Safety Chains:318"Grd. 70'w1SafM Latch Hook(2 ea.), Wheels:17.5'x 6.75",Heavy Black Mod 8 Bolt:Jack:12,000#Drop Leg Jack-Side Wind, Floor:2"Treated Pine,Tongue,-6"°Channel Fold Bac rap Tongue,Lights:L.E.D.D.O.T.Stop,Tail,Turn&Clearance, Front Stop Rail:Fabricated Front Stop Rail,Electrical Plug:7-Way RK Frame:8"Channel,Finish:(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Crossmembers:3"Channel on 16"Centers,Fenders:9'"x 7-2"Double Broke Diamond Plate wl Back(Removable),Finish,Superior Quality Finish isAppliedfor a Highly Decorative and Protective Finish,Spare Tire I 14FT-16 I Downgrade model-specify ($4,540.00)' ***6'11"X 16'Heavy Duty Full Tilt Deck Equipment Trailer***G.V.W.R.-14,000#,G.A.W R.-(Ea Axle)7,0004,Coupler- Adjustable 14K Cast 2-5116"Safety Chains-318"Grd.70 wl Safety Latch Hook(2 each),Jack-12K Drop Leg Jack Against Bed-Side Wind,Tongue-6'°Channel Fold Back Frame-6"Channel,Crossmembers-3"Channel,3"Sq. Tube,Fenders- 9"x 72"Double Square Brake Diamond Plate(Bolted On),Axles-Two 7,000ft 4"Drop EZ Lithe w/Electric Brakes. Suspension-Multi-Leaf Slipper Spring wl Equalizer,Tires-ST235180 R-16 Load Range E, Wheel-16x 6 Black Spoke 8 Bolt,Floor-2"Pine,Lights-LED D.O.T.Stop, Tail,Turn,&Clearance,Elec.Plug-7-Way RV,Finish-(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish.Finish-Superior Quality Finish is Applied for a Highly Decorative and Protective Finish,Spare Tire 1 14FT-20 Downgrade model-specify ($4,240,00)' `6'1 1"X 20'Heavy Duty Full Tilt Deck Equipment Trailer G.V.W.R.-M,000#,G.A.WK-(Ea.Axle)7,0009,Coupler -Adjustable 14K Cast 2-5/16"Safety Cha ins-318"Grd. 70 w/Safety Latch Hook(2 each),Jack-12K Drop Leg Jack Against Bed-Side Wind, Tongue-6"Channel Fold Back,Frame-6"Channel,Crossmembers-3"Channel,3"Sq,Tube, Fenders-9"x 72"Double Square Brake Diamond Plate(Bolted On),Axles-Two 7,0009 4"Drop EZ Lube'WlElectric Brakes,Suspension-Malti-Leitt'Slipper Spring w/EqualLer,Tires-ST235180 R-16 Load Range E, Wheel-16 x 6 Black Spoke 8 Bolt,Floor-2"Pine,Lights-LED D.O.T.Stop,Tail,Turn,&Clearance,Elec.Plug-7-Way RV,Finish-(Prep) Steel is Cleaned to Ensure a Professional Smooth Finish,Finish-Superior Quality Finish is Appliedfor a Highly Decorative and Protective Finish,Spare Tire I Page 198 of 431 VEHICLE: 22 H255 DEALER-. Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Service Service Service Service ZONE: Western Northern Central Southern BASE PRICE: $11,265,00 $10,740.00 $10,930.00 $11,310.00 NOSPARE Delete option- � speci ($70.00)' Deduct For No Spare Tire NO LISTING Delete option-specify Incl. If You Don't See What You Need.You May Take 10%Off Of The Current MSRP On Any Model Or Non-Custom Option Not Listed. 1 Delete option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify 'NA Delete option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify NA Delete option-specify NA Order Code Add Options All Zones 8'6"x 25'deck over flatbed trailer tandem axle with 20,000 lb.GVWR NA See Downgrades For This Model TXGN Gooseneck type hitch $750.00' Add Gooseneck Hitch In Flatbed Traders 30,0004 and Under 25PH-20+5 Upgrade model-specify $1,450.00' 'Heavy Duty Deck Over Flatbed Trailer***102"x 20'+5'Dove Tail Tandem Dual Pirtle wlElectric Brakes,G.V.WR. 25,9009,Axle:(2)12,000ADual"eel(Oil Bath),G.A.W.R.(Ea,Axle)15,0001t,Suspension:Heavy Duty 30,0004 Adjustable,Coupler.3"ID Pintle Ring,Tire:ST235180 R-16 Load Range E Dual,Safety Chains:318"Grd. 70 wlSafety Latch Hook(2 each), Wheel. 16"x V;Dual"eel 8 Bolt,Jack,Single 12,000#Drop Leg Jack(Boiled On),Floor:2"Treated Pine,Tongue:19#12"I-Beam,Lights:L.E.D.D.O.T.Stop,Tail,Turn&Clearance, Top Rall:None,Plug.,7-Way RV, Frame:194 12"I-Beam,Finish:(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Crossmembers:3"Channel, Side Rails:8"Channel w1 Rub Rail,Tie Down Pockets on 24"Centers,and Chain Spools,Finish:Superior Quality Finish is Applied for a Highly Decorative and Protective Finish,Spare Tire 25P -25+5 Upgrade model-specify $1,900.00 ***Heaiy Duty Deck Over Flatbed Trailer***102"x 25'+5Dove Tail Tandem Dual Pintle w/Electric Brakes,G.Y.W.R. 25,9004,Axle:(2)12,0009 Dual Wheel(Oil Bath),G.A.W.R. (Ea.Axle)15,000#,Suspension:Heavy Duly 30,0004 Adjustable,Coupler.3"ID Pintle Ring,Tire:ST235180 R-16 Load Range E Dual,Safely Chains:318"Grd. 70 wIStilety Latch Hook(2 each), Wheel. 16"x 6",Dual Wheel 8 Bolt,Jack-Single 12,000#Drop Leg Jack(Boiled On),Floor.2"Treated Pine, Tongue:19#12"I-Beam,Lights:L.E.D.D.O.T.Stop,Tail.Turn&Clearance, Top Rail:None,Plug:7-Way RV, Frame, 194 12"I-Beam,Finish:(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Crossmembers:3'"Channel, Side Rails:8"Channel w/Rub Rail,Tie Down Pockets on 24"Centers,and Chain Spools,Finish:Superior Quality Finish is Applied for a Highly Decorative and Protective Finish,Spare Tire 4XPH-24+51 'Upgrade model-specify $10,730.00 ***Heavy Duty Deck Over Flatbed Trailer'102"x 24'Deck+S'Dove Tail Tandem Dual 48,0004 Pintle w/AJR BRAKES,G.V.W.R.-48,000#,G.A.W.R.(Ea.Axle)-18,1604ff Coupler-60K,3"ID Pintle Eye,Safety Chains-112"Grd.80 wlSafely Latch Hook(2 each),Jack-12K TW Drop Leg Jacks, Tongue-Integral wlFratne,Frame-14'"—269 I-Beam, Crossmembers-6"Jr.I-Beam on 16"Centers,Side Rails-8"Channel,Axles-Two 22,500#He Duty Dual Wheel Axles, Oil Both,Suspension-44KAdjustable, Pres-ST215175 R-15 Load Range H.Wheel-17.5 x 6.75 Dual 10 Bolt,Floor-2 Nominal Oak(S4S),Lights-LED .O°T,Stop,Tail, Turn,&Clearance,Elec.Plug 7-Way RV,Finish-(Prep)Steel is Cleaned to Ensure a Professional Smooth Finish,Finish-Szperior Quality Finish is Applied for a Highly Decorative and Protective Finish,Spare Tire Page 199 of 431 VF-HICLE: 22PH255 DEALER: Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Texas Trailers Sales and Service Service Service Service ZONE: Western Northern Central Southern BASE PRICE. $11,265,00 $10,740.00 $10,930A S11,3MOO TXTEMP Temporary to F $15.00 Temporary Tag TX ISIS Transfer existing registration(must provide tag number) $125.00' Includes$42.15 Convenience Fee I I I TXNEWT New state tag(specify state,county,city,sheriff,etc.) $175.00' Includes$57.45 Convenience Fee(Specify Tag Type) Maintenance Plan-specify NA Maintenance Plan-specify NA WARRANTY Warranty-specify Incl. 3 Year Structural Warramy Warranty-specify N- Page 200 of 431 VEHICLE: 22 255 (ALTERNATE DEALERS) DEALER: ZONE: Western Northern Central Southern BASE PRICE: --No bid-- --No bid-- --No bid-- --No bid-- Order Code Delete Options All Zones Downgrade to Tx 20'equipment,2"dovetail tandem axle tag type trailer, 12,000 lb.GVWR Downgrade to Tx 22'equipment,2'dovetail tandem axle tag type trailer, 14,000 lb.GVWR Downgrade model-specify Downgrade model-specifY Downgrade model-specify Downgrade model-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Delete option-specify Order Code Add Options All Zones 8'6"x 25'deck over flatbed trailer tandem axle with 20,000 lb.GVWR Gooseneck type hitch Upgrade model-specify Upgrade model-specify Upgrade model-specify Upgrade model-specify Optional equipment-specify Optional equipment-specify Page 201 of 431 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE peOe 201365 P.O. BOX 310 O` NTON REACH, FLORIDA 33425-0310 DATE: 07/30/20 VENDOR 11343 SHIP TO: TO: FLUID CONTROL SPECIALTIES INC City of Baynton Beach 1.11 MARITIME DR EAST UTILITY ADMIN SANFORD, FL 32771 124 E. WOOLBRIGT ROAR BOYNTON BEACu, FL 33435 y„.- REQUISITION NO. 76795 ORDERING DEPARTMENT: UTIL/ W. DIST/ MDC DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNTT COST COST 1 1 . 00 EA 6 DEZURIK FLANGED PEC STANDARD 11396 -0000 11396 . 00 PORT PLUG VALVE W/ Rotork ICT500-4-2OmA Watertight Electric Actuator PEC, 6, F1, CI, NER, C *RT-IQT500 2 1. 00 EA STARTUP 1000 .,0000 1000 ,00 REMARKS . PURCRASING A VALVE FOR VILLAGE OF GOLF RECLAIMED WA'T'ER DELIVERY SYSTEM N. PROCUREMENT SERVICES: ^ a P.O. TOTAL: 12396 , 0 ACCOUNT NO. PROJECT 403-5000-533 .65-02 WTRO17 I PURCHASING c c I i Page 202 of 431 SV N I I tl C1 C� Ed I I H i r Tn a n i R ?a 0 I i to I e � 1 � H I B I & 9 I i I I 1 P H I I E7 � � f E� UjI 0 0 0 I i II F4 W0 IIL �d 4 P U Iko H °I I M 0 [a4 B rel rd e DQ 11 H N GTJ I B 0 Q ! r 0 1 �4 M � 1 B p Q8 iL9 0i Ea E� Y 0 a� z 0 m t19 �IH opd,° I t_] 0 0 m � �" Fa 0 Q Y C.? Ea I d9 6E 05 r- �H .9 -> E. I F-t IBS 0 �I I m 6 1 Ea H H �- N ma I rd H I 0 0 u P [V I E- I m 01 En 0 I H 5 El in 01 u f'-`Ft L"-w E4 11 > H 0 I a p�5 H d�9q ra 01 I 1 FU 'd0H+O" I ' 1 m fie' H wo H I I H M H H rd 1 H to 434DQ Mg I f E. H wl nn pa M M E� I Q 1 Y H I >4 u M P4 M u Od wH rC14 b4 0 0 3� M 9x $ PA a1 fps 1 O ri t P4 H H �? ¢ W H ul Ea rra E4 bloc 0 w -�tHdi 0 E48 &3 I I u u Y kt to I I 1 H E, E-i m 'U €3 o-4 0 iart7 sH18 H Tinc EJ W M t E� I is] 0a Pt y del -H H E� I W U] 1 H U) I f N LJ w €J W e i'V IV y "✓ Its Ln rU 0e Fla> s fn °ted z Wo I m m H H I N E� E-+0 E+ I DH',Fi H ,° H I O H a I .Q �aC) 1 V) m E-+ 0 H 1 N w$0 o m 44 a N 1 W 5-1CJ C i CJ e U 0 Ovum Edam CY 0I ens W�J P4 1 wy H W W w zwI r# N 1 r-I N FB] H I H iI 0 I I Page 203 of 431 } CITY OF BOYNTON BEACH yREQUEST FOR PURCHASEa 000 23-Jul-20 Requesting ilii : Tr ie Johnson lanation Purchasing avalve for Village of Golf4,Eclw R 11 ecommended Vendor Fluid Control Specialties, Inc, Dollar Am ount of Purchase 1 . 'Source for Purchase (check and attach backup materials): Three Written Quotations GSA State contract PRIDE/RESPECT SNAPSSole Source x 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: 403"5000-533-65-02rct 1 Ap pro ® fi ® � k k� I Head Date Department -, Purchasing Agnt ,f t s �. Asst City r Date City r Date Form Revised 02101/02 Page 204 of 431 H.T.E. REQUEST FOR REQUISITION ENTRY DATE: 712312020 H.T.E. REQUISITION 76796 Clerk: MDC Procurement Asst: p� Director® w,� city Manager(non btaal�et ca::bital and/or$5000,;Y4,,'< REASON FOR PURCHASE: Purchasing..a valve for Village of Golf. VENDOR INFORMATION: I I : OTHER INFORMATION: Name: Fluid Control Specialties, Inc. Admin. ( } ate: 7/2312020 ASAP X ) Address: 111 Maritime Drive Engineering Date Needed: 8/6/2020 Confirm. ( } _Sanford, FL 32771 Cust. Rel® ( } ASAP/Conf. ( } Distribution ( BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 0407} 302-5611 Water Qual. ( ) Quotes/Verbal ( ) E. Admin. 40 M (ower$500 - Pumping ( ) Quotes/Written ( } E. WT P 41 (ower $2000) Vendor umber 11343 PWTreat. ( } id Docs. ( W.WTP 42 ( ) _ Meter Serv. ( ) Sole Source Ltr. ( x ) P/U 99 ( } i INITIATOR: r i ie Sewage ( } Insurance ( } Special Instructions: per i _ ager irements: Str .r. ( } Project Number: WTRO17 �r _.-- -...- Arrunt uan. Unit ce, C . .. __ ,. _ ....... c _ m 1 $119396.00 " Deurik Flanged P Standard Port ! 403 5000 533 0 11,396.00 Plug Valve w/ Rotork IQT500-4- 0 A Watertight Electric Actuator PEC, 6, F1, Cl, I NSR, CR-RT IQT500 _-..-.-.-- .... ...._.-.. _......-.. ._ $1,000.00 Startup 4-03 5000 PTM 533 65 02 $1,000.00 _......___. .... _ _-....... _....... ._._............ __. _....... 3 __......__m.__-. ....-_..... 66 02 1 396.00 L 403 5000 _.._ _ .......-.. 9 ...:... - AI I I .. _ .........._ _ _............. _....... ._ ....... Page 205 of 431 �s l� Purchasing Division SolelSingle Source Justification This form shall be completed and approved prior to all sole source purchases Sole SourceDefinition-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 fort e 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 cDefinition- procurement decisionwhereby purchases are directed to one sours cause o standardization, warranty, or other factors, even though other competitive sources may be available. Requestor y 1 � ®apartment _ __..... .. Division I Dint of Contact .. `, i ._.__ _....._. .... _............... ....._ .. Phone Number , Vendor Company Name Address ( i _ _ m Phone� . � � � _ _ .� _ ,� .�� __... i , u bei . �_ ... � _. ... ®_. Point of Contact and Titley ..... ....�...._.... ._...... ....... _.....,........, f What other vendors were contacted? (List company name, contact, and phone number and explain why � they were not suitable) Product r _.... . Product/Service Name.... {. ', . _..._ mm: l r J � m� .. _ . _ °.I Manufacturer aeJ odel _ .... .. Price ........ ..... . Did you negotiate the terms or prices with the vendor? Yes No .__ Why is this price consi ereo to be fir and reasonable? Page 206 of 431 e « 4 Purchasing Division _....._. ... _ _ I _f_i. l _Source Justification r ... --. ... _.._.... _ . 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) lies E, ] No This is a solesource c (choose- that apply): Sole provider of a licensed or patented goodor service r 6ingle Sourceprovider of items compatible with existing equipment, inventory, systems, programs, or services. i Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitationprocess) Single Source of factory-authorized arr my service El Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please etail below or reference an attachment). The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City an is advantageous to-the City. (Please provide information on current market prices, availability, etc.) -- __ _... __.... .. . .... What necessary features does this vendor rovi e which are not available from other vendors? Please be specific, L:_ ._. .w. _ .., _.. . Attach documentation to substantiate this sole source claim including but not limited to' vendor quotes, product manuals, l rc letters, and patentsr copyrights. M department's recommendation for a sole source purcriase is based upon an objective review of the productill'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_ exisa_ 1. Department i ct ,r r Sig I °pa,wre Date 2. Purchasing ManagerlFinance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend I do not recomrnell this being certified as a sole source. e#red t not regir to Ae advertised for a period of 7 business days before agar . r , 'et ' F Signature Gate _.... 2 Page 207 of 431 Quote Gilberto Rodriguez gilberta.md,guez@ Pc-spec.corn 111 Maritime Drive Oahe:Jill 22,2020 Sanford,FL UNITLD STATES Valid Aug 22, 2020 32771 Quote Numher:GCi1614305 4385 PA07- 02-5611 F:407-302-5612 FIDS Project Number: Gww w.fluidcoiitrolsirec.com Boynton Account Beach Contact Name:TreAsa` e Johnson- N e: Utilities 561-742-6476 SHI TO: ILL TO: Boynton Beach Utilities Boynton Beach Utilities A`1-rN:T ernaine Johnson ATI'N:Trelnaine Johnson FCS ProkMcl s. � is ice 'Dig 1. ®`E)eZurik Flanged PEC Standard Port Plug Valve wl Rotork I T 00 4-20 1 $ Watertight Electric Actuator 11,396.00 11,396.00 C® w 1,C1, ,C T-1 T500 Valve Specification: PEC: DeZURIK Eccentric Plug Valve, Rectangular Port (AWWA 0517) 6: 6 Inch (150mm); (Standard Part), 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; (m5"-12" Pressure Rating 175 psi (1210 kPa); (14"& larger Pressure Rating 150 psi (1030 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° C.) (Packing Material) CR: Chloroprene; -20 to 180°F (-29 to 63°C) (Plug Facing) RT-IQT500: Rotork IQ3 IQT500 Electric Motor Actuator Rotork Actuator Specification: Series: IQ3 Series Madel: IT500 Gearbox: N/A - Direct Mount Hazardous: WT (Watertight) RPM: Adjustable Actuator Speeds Single/Three Phase: ? - Specify upon order Rated Torque: 500 Nm 369 lbsft Communications: 4 - 2ma Handweel: 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 ARO Full Freight Allowed / Freight Included 2-Year Manufacturer's Warranty Page 208 of 431 5.tJ�. i'adu� ariaQtY Price TOW ® Startup 1 $ $ 1,000.00 1,000.00 Sub Total$12,396.00 Tax $0.00 Grand Total $12,396.00 Please see`TBC hu;f://www.fluidcontrols-occ.com/ ........... .......... -'erases apd Con6itions-Mease Reference F--S Profect Nember and Quote Numberail paper work. Q.uaion-Rdity-30 d ft—daft d—o Prices quoted are net each.Quotation reflects our policy of sourcing raw materials in the most cost effective manner.Any requirements for specific US content shall require a revised quotation. `s 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 toproducts quoted. Page 209 of 431 Ate Se 1 Rotork Controls.inc. January 1, 2020 675 e Crossir) Blvd, m Rochester,New York Atte: To whom it may concern 14624 Subject: Sole Source Representative tel: +1 585 2472304 fax:+1 585 247 2308 Feat Sirs: www.rotork.coai Rotork Controls,Inc. is the sale maDufactuter of Rotork products and associated equipment. Fluid Control Specialties,Inc. located in Sanford,Florida is the sale aril exclusive representative for Rotork electric actuators within the state of Florida excluding the following counties: Esca bia, Santa Rosa, O aloosa,Walton,Holines,Washington, Bay,Jackson, Calhoun,and Gulf. No ether representative can sell products;provide OEM replacement parts,maintenance, repair services, Feld services and technical support for Rotork Controls,Inc. within the counties identified� bode. Your contact for Fluid Control Specialties,Inc. is: Robert W ritenour 111 Maritime e Driv e Sanford,FL)2771 Office: 407.3 02.5 611 Fax: 407.302..5612 Email: robert.whritenour fc-spec.corn If you have questions regarding this issue,please contact Joe Libasci at 904-334.0614. Sincerely, Jose Libasd Area Sales Manager- Southeast Page 210 of 431 251 Riversde Ave N 320-259-2030 (RDeZURIK Sart ll,MN 56377 USA 320-251-2227 f tk" MR go 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, , Hilton, and Willamette valves, parts, OEM repair parts, and maintenancefor the Water and Wastewater Industries in the state of Florida, except for the pan handle counties of Bay, Calhoun, Escambla, Gulf, Holmes, Jackson, kaloo , Santa Rosa, Walton, and Washington. If you have any questionsfeel free to contact me. Best Regards, 0Z 0J Michael DeAustin Bid Lead lnfo@dezurik.com m~dezur1k.com Prmfedu3 the EISA Page 211 of 431 1 6.F. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Proposed Resolution No. R20-089-Approve the Notice of Completion for Fire Station#1 constructed as part of the Town Square Project. Explanation of Request: The agreement with CFP Boynton Beach Town Square, LLC for Fire Station#1 construction requires the City to approve a Notice of Final Completion to finalize the construction of the project. The building has received the final Certificate of Occupancy and Final Approval by staff and is fully operational. Staff recommends approval of the Notice of Completion. How will this affect city programs or services? Fire Station#1 is fully operational and is serving the City residents along with residents in Ocean Ridge and other areas. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the Notice of Completion for Fire Station#1 project D Attachment Notice of Completion Fire Station#1 Page 212 of 431 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN THE 6 NOTICE OF COMPLETION WITH RESPECT TO 7 FIRE STATION#1 PROJECT; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS,the building has received the final Certificate of Occupancy and Final 11 Approval by staff and is fully operational; and 12 WHEREAS, the agreement with CFP Boynton Beach Town Square, LLC for Fire 13 Station 41 construction requires the City to approve a Notice of Final Completion to finalize 14 the construction of the project. 15 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby approve and authorize the Mayor to sign the Notice of Completion with respect to Fire Station 22 41 project. A copy of the Notice of Completion is attached hereto and incorporated herein as Exhibit 23 "A". 24 Section 3. This Resolution will become effective immediately upon passage. 25 S:ACA\RESO\Notice Of Completion Fire Station 1-Reso.Docx Page 213 of 431 26 PASSED AND ADOPTED this day of September, 2020 27 CITY OF BOYNTON BEACH, FLORIDA 28 YES NO 29 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 48 (Corporate Seal) S:ACA\RESO\Notice Of Completion Fire Station 1-Reso.Docx Page 214 of 431 WHEN RECORDED RETURN TO: Best&Flanagan LLP Daniel R. Nelson, Esq. 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Assessor's Parcel No. 08-43-45-28-48-008-0000 Notice of Completion with respect to Boynton Beach Fire Station Project Pursuant to Section 9.12 and Section 1.51 of that certain Facilities Lease Agreement between CFP Boynton Beach Town Square,LLC, a Florida limited liability company, as Landlord (the "Landlord") and the City of Boynton Beach, Florida, as Tenant (the "Tenant") dated as of August 1, 2018, City of Boynton Beach Town Squire Redevelopment Fire Station Project, for the Fire Station Facilities (the "Fire Station Lease"), this Notice of Completion is dated as of , 2020, and is made and entered into by Landlord for purposes of recordation only and to provide constructive notice with respect to the rights of the Landlord and Tenant under the Fire Station Lease to all third parties that the substantial completion and final acceptance of the Fire Station Project have occurred. This Notice of Completion does not set forth all of the terms and conditions set forth in the Fire Station Lease. In the event there is any conflict between the terms and conditions of the Fire Station Lease and this Notice of Completion, the Fire Station Lease shall control. 100388430.3 306-99052631 1 Page 215 of 431 [Signature Page to the Notice of Completion of the Boynton Beach Fire Station Project] Signed, sealed and delivered in the CFP BOYNTON BEACH TOWN LLC, a presence of: Florida limited liability company By: Steve Collins, President Printed Name: DATE: Signed, sealed and delivered in the presence of: Printed Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of ' 2020, by Steve Collins as President of CFP Boynton Beach Town Square, LLC, a Florida limited liability company, who swore or affirmed that he is authorized to execute this Notice of Completion of the Boynton Beach Fire Station Project and to bind CFP Boynton Beach Town Square, LLC, a Florida limited liability company. He is personally known to me or has produced a driver's license as identification. Printed Name My Commission Expires: My Commission Number: 100388430.3 306-99052631 2 Page 216 of 431 [Signature Page to the Notice of Completion of the Boynton Beach Fire Station Project] Signed, sealed and delivered in the CITY OF BOYNTON BEACH, FLORIDA presence of the following witnesses: By: Signature of Witness Its: Printed Name of Witness DATE: Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness ATTEST: By: City Clerk James A. Cherof, City Attorney 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 , 2020, by , (Name) as (Title) of the City of Boynton Beach, Florida, who swore or affirmed that he/she is authorized to execute this Notice of Completion of the Boynton Fire Station Project and to bind the City of Boynton Beach, Florida. He/she is personally known to me or has produced a driver's license as identification. Printed Name My Commission Expires: My Commission Number: 60996771 100388430.3 306-99052631 3 Page 217 of 431 EXHIBIT A LEGAL DESCRIPTION OF THE FIRE STATION PROPERTY PARCEL 8, BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 127, PAGES 1-5, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 100388430.3 306-99052631 4 Page 218 of 431 6.G. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Proposed Resolution No. 20-090-Approve and authorize the Mayor to sign Amendment to Town Square Redevelopment Phase I I Service Agreement for additional consulting services to market and lease the Innovation and Cafe' space in City Hall and the Cafe' space in the Cultural Center. Explanation of Request: The City has developed a mixed-use facility that includes a City Hall, Library, Cafe, Innovation space and cultural space which requires experienced Commercial Real Estate Advisory Services to maximize the usage of these spaces by the public and private companies. E2L Real Estate Solutions is the Master Developer for the Town Square project and AvisonYoung was included on the development team to market and lease any space constructed within the new City buildings. The City is ready to move forward with leasing three spaces within the new buildings. The amendment includes a Not To Exceed cost of$50,000 plus commissions for third party brokers that will be funded from lease payments for the space as leased and includes expenses listed. The schedule for the services were outlined in the Commission Presentation of August 19th and will be ongoing until City Hall Incubator/ Cafe's space along with the and Cultural Center Cafe are contracted for by the City. E2L is not requesting any additional overhead cost for the additional services and all costs will be directly covered for AvisonYoung for the consulting services required to lease the space. How will this affect city programs or services? Innovation Cafe Space will be available in both City Hall and the Cultural Center. Fiscal Impact: Non-budgeted None, paid for through lease costs. Alternatives: Not move forward with this and not lease out the space. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Page 219 of 431 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Amendment to Phase I I Service Agreement(E2L D Amendment Amendment to Phase I I Services Agreement D Attachment Attachment A Page 220 of 431 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN AMENDMENT TO TOWN SQUARE 6 REDEVELOPMENT PHASE II SERVICE AGREEMENT 7 FOR ADDITIONAL CONSULTING SERVICES TO 8 MARKET AND LEASE THE INNOVATION AND CAFE' 9 SPACE IN CITY HALL AND THE CAFE SPACE IN THE 10 CULTURAL CENTER; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City has developed a mixed-use facility that includes a City Hall, 14 Library, Cafe, Innovation space and cultural space which requires experienced Commercial 15 Real Estate Advisory Services to maximize the usage of these spaces by the public and private 16 companies; and 17 WHEREAS, E2L Real Estate Solutions is the Master Developer for the Town Square 18 project and AvisonYoung was included on the development team to market and lease any space 19 constructed within the new City buildings; and 20 WHEREAS, the City is ready to move forward with leasing three spaces within the 21 new buildings; and 22 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 23 of staff,deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 24 and authorize the Mayor to sign the Amendment to Town Square Redevelopment Phase II 25 Services Agreement to market and lease the innovation and cafe' space in City Hall and the cafe 26 space in the Cultural Center. 27 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Agreements\Amendment to Phase II Service Agreement(E2L)-Reso.docx -' - Page 221 of 431 32 approves and authorizes the Mayor to sign the Amendment to Town Square Redevelopment 33 Phase II Service Agreement to market and lease the innovation and cafe' space in City Hall and 34 the cafe space in the Cultural Center, a copy of which Amendment is attached hereto as Exhibit 35 "A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this day of September, 2020 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice-Mayor—Ty Penserga 45 46 Commissioner—Justin Katz 47 48 Commissioner—Woodrow L. Hay 49 50 Commissioner— Christina L. Romelus 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 S:ACA\RESO\Agreements\Amendment to Phase II Service Agreement(E2L)-Reso.docx -2- Page 222 of 431 AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 2 SERVICES AGREEMENT THIS AMENDMENT, dated the 24h day of August, 2020 between: CITY OF BOYNTON BEACH, a municipal corporation,with its principal place of business at 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City"; and E2L REAL ESTATE SOLUTIONS,LLC,a Florida limited liability company,with its principal place of business at 1400 W. Fairbanks Ave., Suite 201, Winter Park, Florida 32789, hereinafter referred to as"Company" WITNESSETH: WHEREAS, on March 23, 2018, the City and Company entered into the Town Square Redevelopment Phase 2 Services Agreement ("Agreement") whereby Company was engaged to provide certain Phase 2 Services as defined in the Agreement with respect to the City's Town Square Development(the"Development"); and WHEREAS, the City and the Company desire to enter into this Amendment to the Agreement in order to provide vendor recruitment and selection services for the incubator space and cafe spaces in city hall and cafe space in the cultural center. NOW,THEREFORE,for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. That the attached services scope in attachment `A" covering the services of Avison Young on behalf of the project shall become part of the Town Square Redevelopment Services and shall hereby increase the contract value for Company by Fifty Thousand and 00/100 Dollars to cover the services of Avison Young. SECTION 3. The time of agreement shall be extended to support these services through December 31', 2020 and any associated overhead and costs consideration to Company shall be addressed in a separate agreement. IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and behalf and the Company has caused this Amendment to be duly executed in its name and behalf on the dates set forth below. Page 1 of 2 Page 223 of 431 CITY OF BOYNTON BEACH, FLORIDA BY: STEVEN B. GRANT, MAYOR ATTEST: BY: Date: , 2020 Crystal Gibson, MMC City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY James A. Cherof City Attorney E2L REAL ESTATE SOLUTIONS, LLC By Name Its Date: Page 2 of 2 Page 224 of 431 AVISON YOUNG 1875 NW Corporate Blvd. Suite 105 Boca Raton,FL 33431 USA T 561 893 7011 F 954 938 1812 avisonyoung.com Mark Hefferin E2L Real Estate Solutions, LLC 1400W.Fairbanks Ave., Suite 201 Winter Park, FL 32789 Proposal This Proposal is dated August 24,2020, between E21L Real Estate Solutions,LLC("Client and City of Boynton Beach") located at 1400 W Fairbanks Ave.,Suite 201,Winter Park,FL 32789 and Avison Young-Florida,LLC ("Consultant") having an address at 1875 NW Corporate Boulevard,Suite 105, Boca Raton, FL 33431.The Proposal is for the work described in the Consultant Scope of Work within this Proposal. The purpose of this Proposal is for Client and City of Boynton Beach to engage Consultant to provide services as set forth in this Proposal. It is the intention of the Parties thatthis Proposal set forth thegeneral parameters for the relationship between Client and City of Boynton Beach and Client and City of Boynton Beach with respect to the Project as described herein.When providing the service and taking action in connection with the Project,Consultant shall be doing so as agent Client and City of Boynton Beach with E2L as conduit for processing of payment only. General Descrip"Jon o he ,...pro jec.E The Client and City of Boynton Beach has been awarded the P3/Town Square Boynton Beach Project by the City of Boynton Beach.The City has developed mixed-use facility that includes aCity Hall,Library,Cafe,Innovation spaceand cultural space which requires experienced Commercial Real Estate Advisory Services to maximize the usage of these spaces by the public and private companies. (the"Project"). ConSL11111­an111­ Scope of Services Avison Young(hereinafter referred to as("Consultant")will provide the following services: • Meet as needed with Client and City of Boynton Beach to evaluate the process and progress of the solicitation and the pending submittals by the qualified private and perspective tenantsderived from direct solicitation and potentially an RFP process • Provide input and strategic advice to the Client and City of Boynton Beach relative to the value enhancing uses to meet the City's needs for the future growth and prosperity of its constituents • Provide input and advice to the Client and City of Boynton Beach regarding the impact of the development to the Master Plan of the Client and City of Boynton Beach and the impact of this Project relative to the long-term development of the Town Square Boynton Beach Project and related nearby activity zones. • Provide input and advice to the Client and City of Boynton Beach regarding the wealth creation and diversity objectives of the Project • Provide input and advice to the Client and City of Boynton Beach regarding the schedule forsuccessful delivery of the occupant's space including time for permitting and construction using local partnerships as appropriate • Provide input and advice to the Client and City of Boynton Beach regarding the project management information provided by E2L throughout the marketing and leasing initiative • Execute a robust outreach for Partnerships such as FAU Tech Runway,The Research Park at FAU, Lynn University Social Impact Lab,FAU Al Lab,Chamber of Commerce YEA program,and all local Boynton Beach based accelerator,incubator,organizations Page 225 of 431 AVISON YOUNG • Engage with all governmental agencies,economic development organizations such as the CRA,BDB to the benefit of the Project. Aldi conal Service ( p"Jon l - no-'[ ir7rJUded in Proposal Fee) • Provide on-site post occupancy management to ensure all open issues and punch list items are resolved in order of priority • Request and confirm issue of final documentation including as-built drawings and specifications,manuals and warranties and attic stockturnover • Manage close out of all Authority Having Jurisdiction ("AHJ")applications • Coordinate the timely and satisfactory completion of architect's and/or owner's punch lists • Complete final closeoutof accountsfor all Project Team and Client and City of Boynton Beach's own consultants includingfinal negotiations of all change orders • Establish the schedule forthe release of all payment applications includingfinal retainer upon completion of the punch lists • Provide a final cost summary to the Client and City of Boynton Beach including all change orders. This will include a comparison to the approved budget • Issue final project close out notices to the projectteam Project— `.;�c.hcydUlc_h It is anticipated that the marketing and leasing initiative as well as potential RFP will commence August 24d.The entire project should take approximately 9-12 months.Schedule shall be based on commission presentation provided August 19,2020 for the Incubator Space. Project— Fee Based on our understanding of the project and the preliminary schedule,we propose to provide the consulting services outlined herein for a monthly fee.Fees will be invoiced with an initial retainer of$15,000 and then in monthly installments of$5,000 per month starting August 1st.Customary reimbursable expenses,such as travel,printing, copying,and courier and messenger services to be billed at cost in separate invoices without any markup fee. Invoices are due upon receipt.We are not anticipating any reimbursable expenses and would request approval in advance from the Client and City of Boynton Beach.Cost of marketing package,video development mail distribution-post cards are estimated at$5K.Coupled with the 6 months of services the total fee for city approval is then $15K plus 6 months at$5K=$30K or$50K total.Additional representation fee for leasing of the space is to be combined with this agreement. IrnelIne Should the timeline or scope change significantly,both parties agree to revisit the fee structure and discuss a possible change order for additional services. Fees for Addi"Jonal Services Atthe Client and City of Boynton Beach request,the Consultant can provide additional optional services related to the project managementand de'«. and of the Pro-«.4 Ii Projectfor Beach an agreed upon negotiated additionalfee. 14,".spoiisi} ili«'4,.,"s of Cl i4,.,"i id Ci«'y of �24r'�i BeachF Client and City of Boynton Beach will designate a representative to issue and communicate the directives and decisions of Client and City of Boynton Beach with respectto the Project. Client and City of Boynton Beach may change their representative by providing written notice of such change to Consultant. Policy Against- Self-Dealing In connection with the performance of obligations under this Proposal,Consultant shall not in any way accept any commissions,fees,gifts or awards of any kind from any vendors or contractors involved in the Project nor engage any party for work on the Projectwith an affiliation,directly or indirectly,with Consultant,exceptwith the priorwritten consent of Client and City of Boynton Beach,after full disclosure of such affiliation to Client and City of Boynton Beach. Page 226 of 431 AVISON YOUNG City of Boynton Beach is responsible for contracting with and paying for legal and engineering services and other third parties engaged in connection with the Project.Although Consultant's duties may include monitoring and coordinating their work,and advising City of Boynton Beach with respect to any material non-compliance with their obligations of which Consultant becomes aware,Consultant is not responsible to guaranty performance of work completed by others and shall not be responsible for thefollowing(or any resulting consequences,costs or damages):(i)the professional errors or omissions of the Architect,Engineer,or other professionals engaged in connection with the Project,(ii)a breach by the Architect, Engineer,Contractor or other third parties of any of their respective obligations or contracts,or their failu re to perform their serviceswith in the time or cost parameters required by their respective contracts,(iii)failureof any person otherthan Consultantto comply with laws applicable to its work or services,(iv)or defects or deficiencies in the work or performance of others. In performing its services and carrying out its obligations hereunder,Consultant is entitled to rely in good faith on the professional judgement,advice,opinions,certifications, plans and other work product of the Attorney,Architect, Engineer and other professionals employed in connection with the Project,and to assume absent actual knowledge to the contrary that the services and work product of the other members of the project team,and other th ird parties engaged in the Project,comply with applicable laws. Consultant shall advise Client and City of Boynton Beach if it obtains actual knowledge that such work may not be in compliance with applicable laws,or their respective contracts,and will assist Client and City of Boynton Beach in addressing such non-compliance.Consultant is not expected to have,use or apply the professional knowledge, experience and judgment expected of licensed professionals. Consultant is not responsible to supervise or control the performance of work by any third parties including without limitation Architect,Engineeror Contractor,or any of theiremployees,servants,materials suppliers or subcontractors, or to determine the methods or manner in which their services and work are performed.Client and City of Boynton Beach will look only to such third parties for damages or other remedies resulting from defects or deficiencies in the performance of their work. Ir7demnific:.a on The City of Boynton Beach will indemnify,defend with counsel reasonably satisfactory to and hold harmless Consultant and its members,managers,employees,agents and affiliates and the members, managers,employees and agents of its affiliates from and against any and all claims, liabilities,losses,costs,judgments,settlements, penalties,fines and expenses(including attorneys'fees and legal expenses related to such defense)of any kind or type("Liabilities")asserted by anythird party or paid or incurred by Consultant,where such Liabilities arise out of, relate to,resultfrom or are in connection with,on account of or with respect to the services related to the Project or the ownership,operation or condition of the property on which the Project is being developed or any improvements now existing or hereafter constructed on such property,other than any Liabilities resulting of the fraud,gross negligence or willful misconduct of Consultant. Consultant will indemnify,defend with counsel reasonably acceptable to and hold harmless the Client and City of Boynton Beach and its members,managers,employees,agents and affiliates and the members, managers, employees and agents of its affiliates from and against any Liabilities asserted by any third party or paid or incurred by Client and City of Boynton Beach,where such Liabilities arise out of,relate to,result from or are in connection with, on accountoforwith respectto thefraud,gross negligence or willful misconduct of Client and City of Boynton Beach. The indemnification obligations of this Section will survive the expiration or other termination of this Agreement. The party entitled to indemnification(the"Indemnified Party")will promptly notifythe party obligated to provide the indemnification(the"Indemnifying Party")any claim for indemnification and the Indemnifying Party will Page 227 of 431 AVISON YOUNG conduct the defense of the Indemnified Party at the Indemnifying Party's sole expense,subject to the Indemnified Party's reasonable direction,assistance and cooperation. EXCEPT WITH RESPECT TO GROSS NEGLIGENCE,WILFULL MISCONDUCT OR FRAUD, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY,SPECIAL,INCIDENTAL,OR PUNITIVE DAMAGESARISING FROM OR RELATING TO THIS AGREEMENT. EXCEPTWITHRESPECTTOGROSS NEGLIGENCE OR WILFULL MISCONDUCT, EACH PARTY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT,WHETHER IN CONTRACT OR TORT OR OTHERWISE,SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID OR PAYABLE BY THE CLIENT and CITY OF BOYNTON BEACH TO CONSULTANT FOR SERVICES PERFORMED. Client and City of Boynton Beach agrees that no offer of employment or compensation for employment shall be made by Client and City of Boynton Beach,its affiliates,subsidiaries and contractors to any Consultant's employee or independent contractororforConsultant for a period of 12 months following receipt of final payment by Consultant. Te f.I!,0 1 In the eventthatConsultantfailsto perform the services setforth in this Proposal,Client and City of Boynton Beach shall notify Consultant,in writing,of the nature of the default. In the event Consultant fails to cure the default within ten(10)daysfollowing receipt of such notice,Client and City of Boynton Beach may terminate this Proposal at the expiration of the notice period. Notwithstanding the foregoing,Client and City of Boynton Beach may terminate this Proposal without cause upon thirty(30) days prior written notice after the sixth month of the executed agreement. In the event of termination without cause,Consultant shall be paid for all time required to complete work desired by the Client and City of Boynton Beach and shall be entitled to retain the Retention Fee. In the event that Client and City of Boynton Beach fails to make any payments to the Consultant pursuant to this Proposal when due,the Consultant shall notify the Client and City of Boynton Beach in writing of its failure to make such payments.In the eventthe Client and City of Boynton Beach fails to pay the Consultant within ten (10)working days following receipt of such notice,the Consultant may suspend performance of its obligations under this Proposal for the Project until such time as the Client and City of Boynton Beach resumes making payments. However,the Consultantshall not be obligated to resume performance on the Project in the eventthatthe failure to make payments continues for a period greater than thirty(30)days. It shall be City of Boynton Beach's obligation to maintain all appropriate insurance necessary in connection with the Project,including builders'risk insurance for the full value of the Project covering the interests of Client and City of Boynton Beach and Consultant. The laws of the State in which the project occurs shall govern this Proposal. All notices to be given pursuant to or in connection with this Proposal whether required to be given hereunder or not shall be in writing and delivered by certified mail,return receipt requested or by messenger,with acknowledgment of receipt returned to sender,attheir respective addresses as setforth in thefirst paragraph of this Proposal or by email.Consultant shall cooperate with and assist Client and City of Boynton Beach in the defense of any legal action brought against Client and City of Boynton Beach provided that no conflictof interest remains unresolved.This shall be considered an additional service. Consultant may notassign this Proposal withoutthe written consentof Client and City of Boynton Beach,which may be withheld for any reason. Nothing in this Proposal shall be deemed to create an employer/employee relationship between Client and City of Boynton Beach and Consultant. Page 228 of 431 AVISON YOUNG This Proposal maybe amended or compliance with any term or condition hereof maybe waived,only if agreed to in writing by the parties hereto,or in the case of waiver,by the party waiving compliance.No waiver by either party of any provision of this Proposal shall be deemed a waiver of any other provision hereof or a waiver of the same provision at any prior or subsequenttime. If we are provided oral or written notification to proceed,withoutfirst receiving a signed copy of this agreement,it will be mutually understood that both of us will,nonetheless,be contractually bound by this agreement,even in the absence of written acceptance. Avison Young agrees that any non-public information related to Client and City of Boynton Beach or the project hereunder will be the confidential information of Client and City of Boynton Beach and Avison Young will not disclose to any other person or use for any purpose other than as required to perform its obligations hereunder. This Proposal contains the entire agreement among the Parties with respectto the subject matter of this Proposal and supersedes each course of conduct previously pursued or acquiesced in,and each oral agreement and representation previously made,by the Parties with respect thereto,whether or not relied or acted upon. This Proposal may be executed via multiple signed copies delivered by the Parties via e-mail,or any other means permitted under the Electronic Signatures Act. Each such copy will be considered an original and,when fully assembled with the executed counterparts of all other Parties,will be deemed to constitute a fully executed original. By signing below,the signer attests that they have the authority to contractually bind Client and City of Boynton Beach to Avison Young,and certifies that the signer has read and understands all aspects of this agreement. C"t �.J-�_'v =..11, _t '� _t ,'".t,..,t,., ....;_t .3 t ..1{!-,...i ,V :i i a.1.1: . a '.� t,. . 1r� {: -.3{i 1 .��{!:'...� 3' �.� E2L. Real Estate Solutions, L..L..0 Avison Young.._Florida, L..L..0 By: By: Print Print Name: Mark Hefferin Name: S.Pike Rowley Title: President Title: Managing Director Date: Date: Page 229 of 431 6.H. CONSENTAGENDA 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on August 19, 2020. Explanation of Request: The City Commission met on August 19, 2020 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 08-19-2020 Minutes Page 230 of 431 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 19, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order Mayor Grant called the meeting to order at 5:31 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live stream online meeting. Invocation Pastor Amalie Ash of First Presbyterian Church provided the invocation. Pledge of Allegiance Commissioner Woodrow L. Hay led the Pledge of Allegiance. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add item 3-C for a proclamation regarding ending systemic racism and item 7-A regarding the City of Boynton Beach employee group insurance plan renewal. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion, which unanimously passed. Page 231 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 2. Other A. Informational items by Members of the City Commission Vice Mayor Penserga and Commissioner Katz had no disclosures. Commissioner Romelus had no disclosures. She wished congratulations to all the individuals from last night's election. Commissioner Hay noted on Friday, August 14th, he attended a ribbon cutting at Guaca Go restaurant at 500 East Ocean Avenue. August 15th, he attended a beautiful celebration at the Sara Sims Park, to honor former Deputy Fire Chief Latasha Clemons. On August 16th, he participated in the drive to the polls caravan from one of the local churches to the Ezell Hester Center. He thanked Chief Gregory for the police protection. On August 19th he attended the Special Magistrate hearing and found it interesting. Also attended Organic Kitchen and Mercantile grand opening at 640 East Ocean Avenue. Mayor Grant noted on August 6th, he attended a Zoom call with the Education Foundation and spoke with a representative with the Palm Beach County School District. August 13th, he attended Boca Raton's State of the City event. Spoke with Steve Abrams and the South Florida Regional Transit Authority about a Boynton Beach train station. On August 14th, VJ Day Anniversary was celebrated at the Tom Kaiser Veterans Park. Thanked everyone for the placement of the sign at the park. Attended the Guaca Go ribbon cutting. On August 15th, attended an event honoring former Deputy Fire Chief, Latasha Clemons. August 17th, attended the QPOD meeting and spoke with Alley Sewel of Go Brightline. August 18th, attended Boynton Beach Community High School for their distributions for the juniors and seniors for their laptops. He had conversations with the principal regarding collaborating with the schools. Mayor Grant stated he was asked to move up 9-B after Public Audience. Motion Commissioner Romelus moved to approve the agenda as amended. Commissioner Hay seconded the motion, which unanimously passed. 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. Mayor Grant presented the 21St annual Bob Borovy Student Citizen of the Year Award with Greg Murphy, a member of the Education and Youth Advisory Board. He explained the award was created in 2000 to recognize a graduating high school senior who best 2 Page 232 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 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. This year the honoree is Ashley Bassett who graduated from the IB Program and performed over 400 hours of community service. She is described by one of our teachers as one of the most gracious, graceful, and grateful students they have had the good fortune to teach. Member of the National Honor Society, Spanish National Honor Society and National Society of High School Scholars. Received numerous accolades, including Atlantic Community High School Student of the Month, Rotary Clubs, President Volunteer Service Award, and Girl Scouts of America Gold Award among many others. Her extensive and varied community service activities include sorting, organizing food to feed the hungry at Feeding South Florida and gleaning food from local farms to provide those in need. Served as a student ambassador for Sister Cities Boynton Beach, both hosting an international student and representing the organization by traveling to Japan. Ashley Bassett thanked the City of Boynton Beach and said she loved to volunteer in her community. Commissioner Hay congratulated Ashely Bassett. B. Proclaim August 31, 2020 as International Overdose Awareness Day. Mayor Grant proclaimed August 31, 2020 as International Overdose Awareness Day, dedicated to creating a wave of awareness through education in our communities and providing peer support for those affected by Substance Use Disorder. Provided a phone number to the National Suicide Prevention Lifeline: 1-800-273-8255. 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. Mayor Grant encouraged all to honor June 19th —August 25, 2020. Tory Orr, 407 NE 17th Ave, said that Boynton Strong is proud to accept this proclamation. Darryl Sanders, 2001 NW 3rd Street, thanked the City of Boynton for acknowledging Juneteenth; look forward to collaborating with the city to celebrate Juneteenths. Mayor Grant requested a consensus to start planning with community leaders and members, for upcoming events: The Day of Service, Martin Luther King, Jr. Remembrance, African American History, and Juneteenth celebration in coordination with the city. 3 Page 233 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 There was a consensus. Commissioner Katz inquired about the position for the marketing department. He is cognizant of worker responsibilities and workloads. If the city does not have the support, he asked is there a timeline or expectation for additional assistance. Mayor Grant stated the city might not be the host, but a partner, working with volunteers. D. Announcement of Flag Distribution Events to be held in September by Eleanor Krusell, Public Communications & Marketing Director. Eleanor Krusell, Public Communications & Marketing Director, explained that multiple planned Veteran Events are cancelled (due to COVID-19) and the City's continual efforts to assist our local restaurants, Free Flag Distribution Events held: 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 July 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 scheduled as follows: September 2nd at Prime Catch (11:30 a.m. to 1:30 p.m.) Recognizing VJ Day (Victory over Japan Day) September 7th at Brooklyn Water Bagel (7:00 a.m. to 9:00 a.m.) Recognizing Labor Day. Encouraged the public to follow on Facebook, Twitter, Instagram and Next Door for additional details and updates. 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. Dr. Adam Miller, Director of Educational Technology, provided the School District of Palm Beach County's vision and mission. The goal was to ensure each student and teacher has access to a laptop with a camera for distance learning. The mission is to grant all students, regardless of zip code, access to reliable internet service in their neighborhoods. The challenge is to ensure equitable access to in-home broadband internet for all students to reach their potential, fully participating in education and community engagement opportunities. Commit and collaborate with public and private partners to identify a series of solutions to bridge the divide to access sustainable in-home broadband internet. The School District's other mission is to empower each student to reach his or her highest potential. In addition, this initiative focused on ensuring that occurs. Students in schools in Boynton Beach: the percentage goes from 8% to 25% do not have internet in the home. Suggested two short-term solutions: internet sponsorships and hotspots. Comcast internet essentials is $9.95 per month. Recently, Comcast expanded the program to allow sponsorship to occur; any organization can purchase Comcast essentials for families. The School Board of Palm Beach County purchased 15,000 sponsorships, which would 4 Page 234 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 cover 6 months of internet service and also purchased 5000 T-Mobile hot spots to allow unlimited data for one year. A long-term solution is Wi-Fi mesh coverage in areas of highest need. The Wi-Fi mesh cover is not new; this was done in West Palm Beach and Delray about 10 years ago. A proof of concept was done, the county laid fiber with access points mounted on traffic signals, FPL poles and students were given devices. Those two networks are still up and need to be refreshed. Palm Beach County received CARE funds and has allocated $10M of those CARE funds to building a Wi-Fi Mesh coverage area in the county. Noted the funds must be expended by December 2020. They are going to create a Wi-Fi mesh, lay fiber optic cable, connect fiber to root radios, root radios connect to mesh radios, root and mesh radios create Wi-Fi, Wi-Fi extenders capture Wi-Fi mesh signal and then a family enjoys Wi-Fi. The countywide need provided a map of families, which are living on free lunch and the focus is on the municipal red areas. The county wants to come in and place the Wi-Fi mesh in Boynton Beach. James Gavrilos, President and CIO of the Education Foundation of PBC, stated Palm Beach County is investing $20M, which includes the fiber, radios, poles, and design saving. The School District of Palm Beach County invested $45M, Community Partners $1 M. The Education Foundation was able to raise more than $650,000, which purchased Chromebooks for immediate need. The partnerships with United Way of PBC, Town of Palm Beach United Way and the Quantum Foundation, the Education Foundation was able to purchase hotpots. Mr. Gavrilos stated there is a digital divide in Palm Beach County; this program is not about education, it is about digital inclusion. Until there is total digital inclusion countywide, the people would suffer. Increase neighborhood technology access points to students. There is a need for 25,000 network expanders. He explained from the Palm Beach County School District survey, there is roughly 25,000 children in the School District now who cannot connect to the internet, which means their families cannot connect to the internet. He stated the Coronavirus was a catalyst for the Education Foundation and as a community. Noted this should have been done 10 years ago, to make sure that every citizen of Palm Beach County has access to the Internet. Noted what was needed from Boynton Beach is vertical assets with electricity for Wi-Fi radio placement. Installation of Wi-Fi radio on now municipal construction projects support HB 969 to allow local government to be ISP. Refer to IPARC to identify Planning and Land Use Regulation strategies to further the reach of Wi-Fi coverage, identify and engage local business partners to support families. The Quantum Foundation is committing their own resources, and they are inviting partners to collaborate with them to raise $450,000 that would fund navigation. Commissioner Katz stated the Education Foundation does an excellent, great job. 5 Page 235 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Mr. Gavrilos stated the Wi-Fi extenders and Wi-Fi mesh would give the families at least five years of access. Mayor Grant inquired how to donate to have the Wi-Fi extender. Mr. Gavrilos replied yes, place in the comment's digital inclusion. Commissioner Hay stated he was pleased with the Education Foundation. From a technical standpoint, he was having a similar problem, is it more cost effective and how was this chosen? Mr. Gavrilos replied there was lots of research done on the quality of the extenders. Vice Mayor Penserga inquired about if this project is not coming to Boynton Beach until much later. Mr. Gavrilos replied this was happening now; deploying those to the schools and to the families. They are identifying students to get them the resources prior to the start of schools. Vice Mayor Penserga asked if the donation could be specific. Dr. Miller replied when a donation is made, the donor can be specific. Vice Mayor Penserga asked what happens in the summer time, and what happens to non-students, just the general residents. Dr. Miller replied there would be access to the internet; it brings the internet to the family. Commissioner Romelus thanked the Education Foundation and stated she would like to dedicate her next $2,000 in Community Support Funds to the Education Foundation for the Wi-Fi extenders. 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 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 upcoming meetings listed above. He stated he would like to continue using the Community Room for the Commission Meetings. Are we going to receive updated numbers? 6 Page 236 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Lori LaVerriere, City Manager, replied yes. They are getting updated numbers from the Department of Revenue. 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) Darryl Sanders, 2001 NW 2nd Street, interested in collaborating with the Education Foundation. Mayor Grant stated he would get Mr. Saunders the information for the Quantum Foundation and the Education Foundation. Susan Oyer 140 SE 27 way interested in getting in touch with the Education Foundation. Requested a copy of the Education Foundation presentation. Greater Boynton Beach Sister City Event, August 31St, from 6:00 pm -7:00 pm, Trivial Festival. Noted there is no security for the art, in the Cultural Center. Comments: Yvonne Savon 3050 North Federal Highway, Apartment 1405, requested to have the Education Foundation information on the City's website. Public Audience was closed. Item 9-13- Being Heard out of Order. 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. Lori LaVerriere, City Manager, discussed the vacancy of the Arts Director and COVID- 19. Noted there are interviews for the Arts Director. Stated there is a lot of work planning the Kinetic Art Exhibit, asked the Commission to either delay or have something smaller. Stated the 40,000 is not funded, and the city does not know what next year would bring. Mayor Grant asked what is in the budget for the Public Arts. Ms. LaVerriere answered that the budget is about $80,000 for Public Arts. Mayor Grant stated he would like to see the Kinetic Art in Boynton Beach in February; he would like to move forward with the event. Noted having the Kinetic Arts events brings 7 Page 237 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 artists to Boynton Beach. He is in favor of moving forward with the International Kinetic Art Event, except for the three-night event and also, Arts on the Avenue. Ms. LaVerriere responded that was a separate program, which is funded in the Public Arts program -once a year annual exhibits. We have all the pads moved in Town Square. Noted Kinetic Art was here for a short period. Mayor Grant stated he wanted to have the Kinetic event for 2021. He would like to see the sculpture in Boynton Beach. Vice Mayor Penserga indicated he would like to have the event; he believed the challenge and concern would be to spend money for an event, planning for an event which the City may not have. Expressed there will be an opening of the Cultural Center. Can the city have the Kinetic event to coincide with the opening of the Cultural Center? Ms. LaVerriere stated because of COVID-19, there is no hard opening. The building is staff occupied. By October, the building should be ready. Ms. LaVerriere stated maybe a smaller event may be available, finding the artists and getting interest. Kathryn Matos, Assistant City Manager, stated that four artists have committed to the event. Vice Mayor Penserga asked if the Kinetic event could go on with only four artists. Commissioner Hay said he would like to have the Kinetic event and suggested delaying until the following year. He would hate to do a half job, said majority of the artists understand where the City of Boynton stands. He is in favor of Arts on the Avenue. Commissioner Romelus agreed with Commissioner Hay. She does not want to spend $40,000 for a consultant. Suggested using the Cultural Center later next year. She would not forgo the event. There was a consensus not to hire a consultant. Once there is a Public Arts Director, there could be a discussion Vice Mayor Penserga stated there are not enough artists committed. Once we have an Art Director, there should be some type of planning for the Kinetic event. Suggested some possible uses for the $40,000 for the consultant could be used for the Wi-Fi extenders. Mayor Grant stated the $40,000 is not funded. The city would need to find the money elsewhere. Courtlandt McGuire, Arts Commission Chair, stated this event was very important, and is a free event. The art show is an international event and attracts international people. He found it paramount and a signature community event. He does not believe delaying a 8 Page 238 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 year is important. Last year was the busiest year. There was never a club atmosphere; this is a good way to use the Cultural Center. He believes a delay is needed; we can operate the Kinetic event during COVID-19. Stated the theatre can accommodate 500 people. The City should not worry about five committals of artists. The Arts Commission requested 10 pieces for the walking portion of the event, and the Arts Commission received 13 committals. He does not think 40,000 is a lot of money to kick start this event. Mayor Grant asked if the Commission wanted to hear from the Zucker & Lewis Media Group, LLC. There was a consensus. Valarie Zucker, Zucker & Lewis Media Group, LLC provided an overview of the communication agency. Noted they were involved in major events such as the Miami Beach Air and Sea Show, the Boca Raton Concours d'elegance and had gotten on the national radar for that. Art Basel, many things in Art Basel many prestigious things, as well as the Tribeca Park in New York City, the sculpture that was dedicated to diversity, and that diversity happened to be transgender. One of the focuses our group is known for is diversity and involving the whole community, because that is what it is all about, especially today. Noted because of COVID-19, the air and sea show was cancelled. The company pivoted, noted many of the community may remember hearing fighter jets flying over homes, and there was an opportunity to walk outside. The air and sea show was taken out of Miami Beach, working with the government and was turned into a national event. Noted her company can bring in artists as well if that is an issue. There are options such as meet the artists on a Facebook Q and A series. They can do a mini event, as the doors open for comfort. They are on point with being able to strategically plan at the last minute. This event may be done a little differently, but we can also make the community a part of what is being done. Mayor Grant stated he was not aware that the city has the artists for Arts on the Avenue. Expressed he was in favor of having the event, and team with Parks and Recreation. COVID will not last forever. Indicated he hopes that the money could be found for the consultant. Commissioner Hay agreed the Kinetic Art event was part of a key event for the City of Boynton Beach. Ms. LaVerriere asked if the Kinetic Arts could be done by February 2021. Valerie Zucker replied yes, she would need to clarify what the city wants, and then add some creative ideas. In addition, unbelievably, it can actually give birth to a completely new dimension of this event. Ms. LaVerriere stated the Kinetic event would look different. 9 Page 239 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Vice Mayor Penserga stated if it is achievable and practicable and maybe scaled down. Asked what happens if the event is planned and could not be achieved? What happens to the funds? Mayor Grant asked if in February 2021, Palm Beach County is still in Phase One, what happens? Ms. Zucker stated there needs to be some tight conversation about the expectations based on the number of artists and what additional supplements to bring to the table. The answer is yes; want there to be a broad understanding of the dynamics this year. Her staff can quickly plan an infrastructure of what is concrete. If Phase One continues until next year, she would look at situation by situation and somewhere in the neutral ground. Noted there are a lot of digital platforms, a lot of community involvement. Commissioner Hay asked Ms. Zucker if she has a listing of artists, which can be engaged. Ms. Zucker replied yes. Commissioner Romelus asked if the City does not have the event because of COVID, what happens. Mayor Grant stated the consultant is planning based on the phase in Palm Beach County. Ms. LaVerriere asked if there was conversation while working on the contract, about phasing of the payments as the event moves forward. You pay as you go on the work, and then if you end up canceling the event, is there a cancelation clause in the contract? Kathryn Matos, Assistant City Manager, answered it has the standard language of our appeals. The idea was, we pay on a month-to-month basis, and that way if we do call it quits at some point, then the payments would stop at that point. Commissioner Romelus wanted a confirmation regarding the city is having a physical in- person event in February, where people would be coming to the Cultural Center to go look at these art pieces. Because, she did not want a virtual version of this event. She believed it would be a waste of time. Asked again are there going to be art pieces, and are people going to be allowed to walk through the venue and go look at these art pieces? Ms. Matos replied yes. She believed this can be done safely. Mayor Grant stated he was for the Avenue of the Arts with kinetic sculptures. Whether the event is digital or physical, there will be an event. The event may be smaller, but the impact should not be. Commissioner Romelus asked if the event would be at the Cultural Center or on Ocean Avenue or is it both. Mayor Grant stated it was both. The three-day indoor event would be scaled down. 10 Page 240 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Ms. LaVerriere stated Avenue of the Arts is a separate program than the international kinetic event. Inquired of the Chair of the Arts Commission, in terms of procuring artists for the yearlong exhibit. Inquired how many artists have committed and is Art on the Avenue going to kinetic themed? Courtlandt McGuire stated Avenue of the Arts is basically a street long avenue where all the new renaissances for downtown Boynton Beach is happening and currently opening. It has all types of curves through the mangrove park; there are roughly 13 pads that affix, vertical sculptures that are the size of a person or bigger. Noted those sculptures are switched out in October. They have secured art for those pads, per the Commission's direction. The Arts Commission only needed 7 to 10; they as of today they have accepted 13. The indoor kinetic has 5, but he was not concerned, because it can be easily increased. Noted in the past, the quota was not met, the Art Commission switched out what they had. Expressed it was important to change, in particular for the Art on the Avenue, because the pedestrians and the community come to congregate, and the children run around - no bikes. Just a reminder, this is a biannual kinetic show. This year it happens to be kinetic. Next year it may be something else. Kinetic art is placed for that year-long exhibit. Staff would secure another 10 to 25 artists to display their work internationally. He is sure there are no fees associated with using our own facilities. The last event there were costs associated with the rental of tents, air conditioning and trucks. The event is going to be in the Cultural Arts Center, and he is confident the event can happen. If there is a delay for a few months it would be ok, but he did not believe it would be necessary. Ms. LaVerriere replied to answer Commissioner Romelus' question, it will be both. Commissioner Romelus heard the city over recruited for Avenue of the Arts. She understood there were only five artists recruited for the indoor kinetic arts event. Ms. LaVerriere asked Mr. McGuire if he believed getting artist for the indoor kinetic event was easier. Commissioner Romelus asked do we have enough time to secure the artists before the February 2021 event. Mr. McGuire replied he believed this was possible. If there are any issues, they would move it 30 to 45 days. This is an outdoor walking event. This is an open-air event. Commissioner Hay asked if we vote to move forward, is Valerie Zucker going to be the new Art Director? Ms. LaVerriere replied Ms. Zucker is going to be a consultant. Kathryn Matos replied the hiring salary range is between $60,000 to $90,000. Motion 11 Page 241 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Vice Mayor Penserga moved to approve Resolution No. R20-086 and there may be a scaled down event. Seconded by Commissioner Romelus, which unanimously passed. 9-C Heard out of order C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. LaShea Brooks, Interim Community Development Manager, noted the City of Boynton Beach has two housing programs. The City received funding from State Housing Initiative Partnership (SHIP) program. The other program is the Community Development Block Grant (CDBG) Program. Florida Housing administers the SHIP program, which provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program is designed to serve very low, low and moderate-income families. She explained in order to participate in the program, the City of Boynton Beach had to establish a local housing assistance program by ordinance. The City developed a local housing assistance plan and housing incentive strategy; amended land development regulations or establish local policies to implement the incentive strategies. They had to form partnerships and combine resources in order to reduce housing costs; and ensure that rent or mortgage payments within the targeted areas do not exceed 30 percent of the area median income (AMI) limits, unless authorized by the mortgage lender. SHIP dollars may be used to fund emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. SHIP funds may be used to assist units that meet the standards of Chapter 553. A minimum of 65 percent of the funds must be spent on eligible homeownership activities. A minimum of 75 percent of funds must be spent on eligible construction activities; at least 30 percent of the funds must be reserved for very-low income households (up to 50 percent of the AMI); an additional 30 percent must be reserved for low income households (up to 80 percent of AMI); and the remaining funds may be reserved for households up to 140 percent of AMI. No more than 10 percent of SHIP funds may be used for administrative expenses. The Community Development Block Grant (CDBG) Program provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally to low and moderate-income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93- 383. CDBG funding through the City. Services our sub-recipients provide are education, youth violence prevention, homeownership counseling and housing production/rehab, emergency needs, nutritional education, fair housing education, outreach activities and 12 Page 242 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 enforcement, alleviate poverty, family self-sufficiency education, job training and Boynton Beach Faith Based CDC which provides special services. The City of Boynton Beach is an entitlement city meaning that the City receives funds directly from the Federal Government, from HUD or some of the other sources. Ms. Brooks provided a summary of ineligible activities for the CBDG funds and explained reporting requirements. Noted the City must file annual reports, as well as extensive three-year Consolidated Annual Performance Evaluations. Michael Rumpf, Development Director, stated there are opportunities to administer the grant and present the internal policies to administer the program. Mayor Grant thanked Ms. Brooks for the presentation. Expressed there has been constituents requesting assistance and Ms. Brooks has always provided assistance. Commissioner Romelus indicated some of the population in Boynton Beach have language barriers. Dose the city have anyone within the department that is Creole or Hispanic speaking? Ms. Brooks responded the city provides both Spanish and Creole speaking staff. Vice Mayor Penserga asked about the sub-recipients reports or accountability. Ms. Brooks stated the funds are reimbursement funds. She explained the funds must be spent first by the sub-recipient. The city conducts site monitoring; additionally, the sub- recipient must demonstrate funds availability. The City requests tax returns and an audit statement annually. Ultimately, the city is in control. When the reimbursement is submitted, measures are in place to monitor the funding process. Mayor Grant pointed out on the city's website there is a globe where the viewer is able to choose a language. (Haitian Creole and Spanish). 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City Advisory boards. Mayor Grant announced openings for each Board. Motion Commissioner Katz nominated Marcia Levine to the Library Board (Reg). Commissioner Hay seconded the motion, which unanimously passed. 13 Page 243 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 6. Consent Agenda Mayor Grant pulled item 6-A 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. Accept the written report to the Commission for purchases over$10,000 for the month of June 2020. Mayor Grant noted in June of 2020, under item 10, Group Broadcast Systems, the Police Department ordered 12 monitors for the real-time Crime Center. Also inquired as to the process for businesses to share their IP address to have a feed within the City of Boynton Beach Police command center. Police Chief Gregory provided an update on the command center construction. The monitors are currently being installed in the facility. The software for the Motorola Command Center is being configured. The system is live and operational. The video wall which would drive the monitors has been delayed. He explained the process of receiving IP addresses from businesses. Staff are planning two methods. The first method is registration on the website. The second method would be to actually have a live connection to a camera feed at the local business or residence Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion, which unanimously passed. 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). 14 Page 244 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 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 Park mobile. 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. Motion Vice Mayor Penserga moved to approve the remainder of the agenda. The motion was seconded by Commissioner Hay, which unanimously passed. 7. Bids and Purchases Over $100,000 Mayor Grant pulled item 7-C 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 15 Page 245 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 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 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. Mayor Grant requested a timeline on the construction and how long will it take to complete the construction. Andrew Mack, Director of Public Works and Engineering, noted in regards to the timeline associated with the development of High Ridge and Gateway, staff reached out to the Florida Department of Transportation (FDOT) and Palm Beach County. Both have projects in this area. The FDOT project began back in January 2020. The project is slated to be completed September 2020. Once done, Palm Beach County would come in and complete their project. The bid is scheduled to be awarded by Palm Beach County September 15, 2020. According to the county, they have 120 days to complete the project once awarded. Hard Drive was the apparent low bidder. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion, which passed unanimously. 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 JCWhite 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. 16 Page 246 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Mayor Grant asked for different height for seats, under the current contract. Colin Groff, Assistant City Manager, replied staff reached out to JCWhite regarding the height of the chairs. Motion Vice Mayor Penserga moved to approve the Consent Agenda for items over $100,000. Commissioner Katz seconded the motion, which passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance 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. Attorney Cherof read proposed Ordinance No. 20-029 into the record by title only on second reading. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion which passed unanimously. City Clerk Gibson called the roll. The vote was 5-0. Opened to public comment. Seeing no hand raised pubic comment closed. 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.) Attorney Cherof read proposed Ordinance No. 20-030 into the record by title only on second reading. Requested the item to be tabled. This item could be brought back if needed. Attorney Cherof noted this ordinance was added at the last Commission meeting in an abundance of caution because of an order of the Governor, which allowed for virtual meetings. The order made a distinction between the budget meetings that are coming up 17 Page 247 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 in September and regular City Commission meetings. The former would be permitted to be conducted virtually. The latter would not be. The Governor has been kind enough to issue a subsequent executive order which resolves the conflict. Noted both budget hearings and regular City Commission meetings are approved should be conducted by virtual meeting until September 30th. This ordinance is not required at this time, but rather than set it aside forever, he was asking that it be left at first reading, and we'll bring it back on second reading. Mayor Grant asked if the Governor is allowing special set meetings to be virtual. Attorney Cherof replied yes. Motion Commissioner Hay moved to table. Commissioner Katz seconded the motion which passed unanimously. Opened to public comment. Susan Oyer, 140 SE 1271 h Way, inquired if this fee was for boaters. City Clerk Gibson called the roll. The vote was 5-0. 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. David Scott, Director of Economic Development, presented the Boynton Beach City Hall Innovation Center and hospitality amenities. Those two hospitality amenities refer to the two-cafe spaces planned. The two spaces would be one for City Hall and one for the Cultural Center. Provided an overview of Town Square, which is a 16-acre site in downtown Boynton Beach. The project includes the renovation of the historic Boynton Beach High School into a functional Cultural Center. The City of Boynton Beach supports small businesses and startups. Staff understands working with startups that requires an innovative, entrepreneurial ecosystem. Staff will try to identify those startups. The city issues grants for incubation of small businesses. Staff connects the start-up and small businesses with networking spaces, and again provide workshops, support and linkages. The process is streamlined. The City of Boynton Beach issued 50 grants totaling over $60,000 worth of grants. The CRA issued almost a million dollars' worth of grants. Currently working with our CDBG funds to provide grants in that area. Connecting the resources. These graphics talk about how the innovation space fits into our support network for entrepreneurs. The Boynton Beach Library provides not only services to the 18 Page 248 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 community but would be tied to the makerspace. Technology providing resources and programs around small businesses, and startups, and will also have certain equipment available for startups, such as 3-D printers, as well as other facilities. Again, the City of Boynton Beach plays a role along with the CRA in providing incentives for location assistance, whether that is the reimbursement, or facade improvement grants. Provide a pipeline for success for small businesses, and startups to take advantage of the Innovation Center. Financially, staff helps and incentivizes locations within Boynton Beach brick and mortar locations. Mr. Scott said he would be requesting a line item to support a retail sector study for small businesses that will help staff understand the current retail and restaurant economic condition. Also, the study would help vendors recruit new retailers, restaurants and retain existing retailers and restaurants. Many businesses are having to retool/rethink how they approach the market sector. Mark Hefferin, President E2L Real Estate Solutions, said with this design- build process with the city, it was all about the innovation and the future of Boynton Beach and part of that concept was to create an innovation center. Staff has been working with Avison Young, with the conceptual process of the design, coupled with ideas and innovation received from Colin Groff and other city staff, regarding how to incubate and create new business for the City of Boynton Beach. Coupled with the incubator space is also what is shown as the direct access to the community center. Mr. Hefferin stated with the completion of City Hall the space is ready for occupancy. The space could be used for business training, mailbox pick up, physical address, co-working subject matter experts, office managers, all that are noted here, are now available to the city. Mr. Hefferin stated they have 3 opportunities which has been envisioned for the Boynton Beach Town Square: the Innovation Centre-Aspiration U, Cafe Sitee, and SnackShak. The Cafe Site is Located off the main lobby, the space provides alfresco seating along the northeastern front of the building. The City is looking for an experienced proprietor for breakfast and lunch with the ability to cater functions in City Hall, the Cultural Center, and events at the Children's Museum and Amphitheatre. While there will be no on-site cooking facilities, there will be an opportunity to serve beer and wine. A drop box for plans and property owner work letter will be incorporated in the RFP. The Innovation Center has 1610 square feet of direct access to conference space available for rental accessible 7 days a week with free Wi-Fi and parking. Also access to public spaces and cafe, which could be for Business training, education, mail/physical address, co-working space, subject matter experts, onsite office manager. The SnackShak located within the restored historic Boynton Beach High School, now the Boynton Beach Cultural Center at Town Square, the City envisions a healthy focused enterprise that specializes in smoothies, salads, wraps, bowls, for a pickup on the run for 19 Page 249 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 visitors of the Children Museum and park. A Drop Box link for plans and property owner work letter will be incorporated in the RFP. Mr. Hefferin provided a timeline: RFP completed by August 30th, includes database of prospects, outbound marketing plan, and media strategy. Launch RFP Sept. 7th Deadline October 9th for Submittals allowing 24 business days. Shortlist candidate interviews announced on October 16th. Interviews to take place October 19th -23rd Select top 3 on October 28th after evaluation with BBTS Team. Final interviews on October 30th with winner's announced November 6th. Explained the operator would be a College/University with expert support, network of volunteers, mentors, and business resources, which fosters entrepreneurial spirit. Private operators, with experienced growing and operating innovation spaces, bother virtually and physically. Keith McDonald, Avison/Young, indicated his staff has been working actively for a couple of months and evaluating how to best go to market. Provided a summary of the company and experience with renovating and redeveloping spaces. Mayor Grant stated he looked forward to seeing the RFP and the three different entities of the Incubator. He would like to provide an opportunity for the businesses to have an input regarding the SnackShak and Cafe Sitee. He did not hear about the makerspace and the Library. Inquired about the coordination of that makerspace with this innovation area. His concern is there was a dearth of skills within the City of Boynton Beach. Noted moving forward with an entrepreneurship center has him concerned. Stated most entrepreneurs fail. Inquired if the Commission wanted to work more on career skills and education with Makerspace, or does the city want to try helping start businesses in the City of Boynton Beach that may not necessarily succeed? Noted he would like to collaborate more with the library, and institutes of higher education, or career skills and education, rather than for businesses. Expressed this is a public space, not necessarily a private space. Questioned if this was the correct path using taxpayers' dollars to help businesses in this manner. He would definitely want to curtail the RFP. The city does not have any corporate office locations. Mayor Grant asked what was the goal of the Commission. Is it for Economic Development for the businesses or the economic development to provide earning capabilities for residents? Noted he is for earning capabilities for the city residents, whether it is owning their own business, or having the ability to work for someone else and grow their business. Mr. Hefferin replied his staff has spent the last three years working with the Building Wealth in the Community program. Staff has spent the last 90 days working with Craig Clark, Library Director, and preparing the makerspace. This space includes the education, the workforce, and the well-being of businesses. The Library has two 3-D printers already. There is already laser cutters and other equipment. It is the intent to attract, not only grow, but also incubate businesses to become the place that grows beyond just the 6,000 square feet. We really want to bring the businesses to Boynton Beach. Colin Groff, Assistant City Manager, re-iterated the library is definitely part of this incubator space conversation. It is called an incubator space, but it is a space for the 20 Page 250 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 citizens of the city to use to grow new businesses, or to grow existing businesses. In addition, using the technology that is in the library and all the knowledge in library, and well as having access to the Library staff. It is tying all of those things together and having an operator is what it is about. Offering residents to do multiple things. It is not just a new business, but it is people who need to learn. However, the library has great programs like that, that are going to expand. Mayor Grant stated it is not just the innovation space. It is our downtown, and that also leads to the question of the branding. In October, the City Commission decided to have the option of branding our downtown. Mayor Grant inquired of the City Manager what happened to the branding. Lori LaVerriere, City Manager, stated it is on Eleanor Krusell's to-do list. It is a major undertaking. Mayor Grant stated there should be a conversation regarding the branding and the RFP should include the branding information. Eleanor Krusell, Public Communications and Marketing Director, stated the branding of the City's downtown is in the City's strategic plan for next year. Ms. Krusell stated the city definitely will get the community together and have branding groups to determine what the branding would look like. Mayor Grant stated the aspect of using not only the commercial locations, but also the industrial locations, he wanted to focus on because the city has an abundance of industrial land in the heart of Boynton Beach that needs redevelopment. In addition, there is very few M-1 spaces as affordable in the Heart of Boynton Beach. David Scott, Economic Director, requested clarification regarding branding to be included in the RFP. Mayor Grant stated the City's branding is not set in stone. Mr. Hefferin indicated E2L would love to work with Boynton Beach beyond just the Town Square project. Commissioner Romelus expressed she wanted to touch a little on what was being said, regarding the makerspace. The city objectives and mindset are geared towards building community wealth and changing the trajectory in the future of how the community operates. The numbers from the Utech Runaway website indicated over$275M revenue generated, over $113M of funds invested into the businesses and entrepreneurs that have gone through their process. Continued to say 101 intellectual property rights have been created, 587 new jobs have been created, 199 internships have been cool, and the average full-time salary of these jobs are about $80,000. When you think of what we're trying to do here and point in how the city is trying to make sure the city provides opportunities to our residents and put something that is right in their backyard right here, in our city hall. Noted those numbers speak for themselves. In terms of co-working spaces and an incubator space, having businesses leave the city in order for them to find 21 Page 251 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 other co-working spaces or incubator spaces, creating one and making it affordable and making it right here within the Town Square within the downtown, attracts all those things. This helps to expand the city's vision and where the city is trying to go. She is 100%, maybe even more in favor of what is being done and the direction and trajectory that she believes it will take the residents and the community in the near future. This is just one more step towards that process and would not do anything to deter from that. She said she provided the information because she believes it is relevant. 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. (Heard earlier in the Meeting) C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. (Heard Earlier in the Meeting) 10. Unfinished Business (none) 11. New Business- None 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. Mayor Grant read the proposed Resolution No. R20-087 into the record by title only. Mayor Grant asked about the timeline. What are the time dates for funding? Colin Groff, Assistant City Manager, responded the Pulte Group has already deposited a down payment to help cover the city's legal costs. Noted the deposit is nonrefundable. As of today, if the resolution is authorized, the Pulte Home Company, LLC will have 90 days to collect information on the land; this is called due diligence. Once this is done, they will have 360 days or one yes to receive all development approvals. Once the Pulte Home Company receives all the development permits, at that time the property will close and the remaining balance must be paid to the city. Mr. Groff stated the money that they're paying upfront is non-refundable, that covers our costs. If they terminate the contract, you know the purchase and sale sometime before they close, they carry all the cost. If the city chooses to, after the 90 days the city chooses not to follow through with the contract, then the city would be responsible for the cost. Staff recommends approval of this, because the property, again, as you all are aware, is outside the City limits. It will have annexation agreements in place, when such time it can be annexed it will be. They will also be water and sewer customers' revenue. 22 Page 252 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Motion Vice Mayor Penserga moved to approve Resolution No. R20-087. Commissioner Katz seconded the motion, which passed unanimously 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. Mayor Grant read the proposed Resolution No. R20-088 into the record by title only. Attorney Cherof stated this is a settlement offer in a foreclosure action. The City has liens on the property in the $850,000 range. The property is worth in the $250,000 range. The defendant, Eckols'76LTD and Eckols 86, has decided that would rather settle the case than to litigate. The subtle end result would be the city would own the property. The property is free and clear of any encumbrances, and the city is encouraged to take it on that condition. Mayor Grant said he believes it would have other encumbrances. Attorney Cherof indicated the city title search indicates the property does not have any encumbrances on it. Mayor Grant asked other than the City liens? Attorney Cherof stated that was correct. Those liens would be merged into our ownership, and the lawsuit for foreclosure would be dismissed with prejudice. Mayor Grant asked if the city would receive a quick claim deed or a warranty deed. Attorney Cherof responded the city would receive a Warranty Deed. Motion Commissioner Katz moved to approve Resolution No. R20-088. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant announced some sad news regarding the Grand Marshall for 2017, Enrique Zanada passed away, CEO of the Soup Kitchen on West Boynton Beach Boulevard. Mayor Grant indicated he spoke with staff regarding the Urban Tree Canopy Study and requested a discussion regarding ways of funding for sustainability of trees, a tree fund for developers, a utility sustainability program and a memorial tree fund. He heard the city had it on the books. Lori LaVerriere, City Manager, stated the City received donations sporadically in the past. Set up a 691 fund and there is no balance. Indicated the structure is ready to accept 23 Page 253 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 funding. Noted September 1, 2020, the Commission will hear an item regarding the Tree Canopy. Mr. Groff stated there will be a presentation regarding the Tree Canopy study. Mayor Grant requested an update on the Future Agenda Items. Commissioner Hay stated during the voting he had to help more than 30 cars, which were in the wrong area; asked to work with the Supervisor of Election (SOE) regarding having better signage and having the Ezell Hester as a voting site. Mayor Grant stated he spoke with SOE Wendy Link regarding Ezell Hester as a voting site. Ms. Link stated this was an early voting site and all voters were mailed out voters registration cards. Voters had 14 days to vote at the Ezell Hester Center. Vice Mayor Penserga requested to have a discussion on a Mural program for the city. Mayor Grant wanted to wait until the Art Director was hired. Attorney Cherof stated there is a discussion on Town Square for the September 1, 2020 Commission meeting. Staff expected to receive a revised proposal from JKM. He understood the proposal was forthcoming, but as of today the City does not have them. Noted it would be challenging to analyze what is contained in the amended proposals, possibly have a conference with the representatives of JKM, and then be in a position to fully discuss it with the Commission on September 1 st Mayor Grant stated he agreed. If the documents are not received by Thursday it does not give adequate time to review the easements. Attorney Cherof stated the easement part is easy, it is all the other aspects of the project moving forward. Commissioner Hay concurred regarding if it is not received by Thursday. He asked would John Markey be notified. Commissioner Katz asked if it was possible to have someone reach out to him if it is the will of the board of tomorrow? Contact his office and ask for an update on the status and an expected delivery date. Attorney Cherof stated certainly. Commissioner Katz commented if the party intends to come to the Commission meeting and speak to us having not obliged the Commission's previous request, he personally will take exception to that and have no interest in a public dialog. If JKM refused to comply with the very simple request to explain, which is an alternative plan to the contract 24 Page 254 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 conditions where there is a potential breach. Commissioner Katz stated he hopes there is no intention behind this delay, which may lead to an attempt to circumvent the request and come speak to us directly when it was made clear what was wanted. There was a consensus to reach out to JKM. Susan Oyer, 140 SE 27th Way, inquired about the Nickels property. Is the city keeping this property within Boynton Beach city limits? Noted the City should acquire properties; do not give them away. Mayor Grant stated the comment that it is not in the city limits and that a power of attorney is going to go with the purchase and sale agreement so that any annexation of the property will not be objective upon if there is a connection to that property. 13. Future Agenda Items A. Mayor Grant requested staff present information on internship programs — TBD. 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 Motion There being no further business to discuss, Commissioner Hay moved to adjourn. The motion was seconded by Commissioner Katz, which unanimously passed. The meeting adjourned at 9:00 p.m. John McNally, Information Technology Director, 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. o�nton each. }r . This concludes tonight's meeting. 25 Page 255 of 431 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner— Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 26 Page 256 of 431 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Authorize the purchase of equipment and services for a Hiperwall system from Broadcast Systems in the amount of$165,244.61 utilizing GSA contract GS-07F-173GA. Explanation of Request: The Hiperwall system will provide visualization on a video wall of multiple sources of information in a customizable layout. This allows for enhanced situational awareness of incidents by allowing the viewing of sources of information, including live videos and real-time data, simultaneously. This will enhance critical decision making in the shortest possible time. How will this affect city programs or services? This system will facilitate the effective use of the Police Real Time Crime Center by allowing operators to keep critical information about ongoing events front and center. The system will display cameras, reporting dashboards, and analytic tools to create a real-time dashboard where operators can visualize and identify crime patterns, monitor ongoing incidents and process important data to assist response teams. The system will promote collaboration with teams at remote locations for comprehensive situational awareness. The Department will have the capability to share live feeds, real-time data, and other content between Hiperwall systems located around the police headquarters as well as City. Fiscal Impact: Budgeted Funding has been allocated and approved in CI P account#303-4119-580.64-14. Alternatives: Not approve this purchase and have less effective use of surveillance cameras and other data sources as well as less situational awareness during incidents. Increased staffing maybe required to oversee and operate the large number of cameras and systems. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Page 257 of 431 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Quotes GSA Pricing Page 258 of 431 Estimate Date Estimate# Y S F E M 8/12/2020 3498 205 NW 12th Ave., Suite 201 Pompano Beach, FL 33069 EC13009779 Name/Address Project Site City of Boynton Beach City of Boynton Beach 3301 Quantum Blvd, Suite 101 Police Department Boynton Beach, FL 33426 2100 High Ridge Rd Boynton Beach, FL 33426 Item Description Qty Rate Total GSA CONTRACT#GS-07F-173GA HW-CONTROLLER-RACK Core 15-8500 , 8GB RAM, Intel UHD 630 GPU, 3 1,685.65 5,056.95 250GB SSD HW-IPSTREAMBROWSE... Core 17-8700 , 8GB RAM, Intel UHD 630 GPU, Rack 1 2,157.16 2,157.16 HW-STREAMER-R Core i5-8500 , 8GB RAM,NVIDIA P2000, 250GB 1 2,510.79 2,510.79 SSD, Rack HW-STREAMER4CAP-R Core 15-8500 , 8GB RAM,NVIDIA P2000, 4 1 3,852.78 3,852.78 Capture, Rack HW-HIPERVIEW Core 15-8500 , 8GB RAM, Intel UHD 630 GPU, 13 1,150.67 14,958.71 256GB SSD HW-HIPERVIEW Core 15-8500 , 8GB RAM, Intel UHD 630 GPU, 1 1,150.67 1,150.67 256GB SSD HWP6 Hiperwall Premium Suite license --Includes 1 8,840.81 8,840.81 HiperController,HiperFailSafe,HiperLayout, HiperAccess,HiperKVM and HiperInterface capabilities. Ver. 6 HVHD6 HiperView HD license -- Shows source content on a 12 1,571.70 18,860.40 single display device up to HD resolution. Ver. 6 HVUHD6 HiperView UHD license -- Shows source content on 4 2,554.01 10,216.04 a single UHD display device (up to 4K resolution). Ver. 6 HS6 HiperSource license --Interchangeable applications -- 17 1,178.78 20,039.26 Sender, Streamer, IP Streams,Browser--that deliver live content to a video wall. (One application per license.)Ver. 6 -To include one at no cost(TOTAL 18) This is an estimate only,not a contract.This estimate is completing the job listed above based on our evaluation.It does not include unforseen price increases,discontinued products or additional labor and materials which may be required should problems arise.This estimate is valid for 90 days. Phone# E-mail Follow us on Instagra (561)578-4964 sales@broadcastsystemsinabroadcast Systemscom — Page 1 Page 259 of 431 Estimate Date Estimate# Y S F E M 8/12/2020 3498 205 NW 12th Ave., Suite 201 Pompano Beach, FL 33069 EC13009779 Name/Address Project Site City of Boynton Beach City of Boynton Beach 3301 Quantum Blvd, Suite 101 Police Department Boynton Beach, FL 33426 2100 High Ridge Rd Boynton Beach, FL 33426 Item Description Qty Rate Total HO6 HiperOperator license --Provides remote control 3 1,571.70 4,715.10 access from one or multiple computers located anywhere in the world. Ver. 6 LABOR Master Tech(GSA) Master Technician (GSA) 185 110.83 20,503.55 System Design Engineer(G... System Design Engineer(GSA) 100 110.83 11,083.00 Project manager(GSA) Project manager(GSA) 29 110.83 3,214.07 OPEN MARKET ITEMS (NON GSA) Miscellaneous Cisco Catalyst 9200L-Network Essentials -switch 1 2,337.99 2,337.99 -48 ports -rack-mount Miscellaneous Cisco Compatible single mode multi mode GBIC 2 399.99 799.98 Miscellaneous UPS RCK EAR KIT 1 99.00 99.00 Miscellaneous UPS RCK MNT 5000VA 120VAC IN 208V 11 1 2,999.00 2,999.00 RCPT 1 BAT MOD/EXP TO 2 SMART PRO 11 OUTLETS C795318 TRLT SMART5000XFMRXL Miscellaneous Rack, PDU's,Vertical and horizontal CBL 1 4,000.00 4,000.00 management,monitor, and grounding materials, 10 GIG Fiber for RTCC Miscellaneous Dell Optiplex Operator PC 3 987.00 2,961.00 HW-STREAMER-T Core i5-8500 , 8GB RAM,NVIDIA P2000, 250GB 3 2,392.39 7,177.17 SSD, Tower Miscellaneous 4k 30" Monitors 3 299.00 897.00 Miscellaneous Batteries and installation materials 3 140.00 420.00 Miscellaneous Video wall control system 1 4,100.00 4,100.00 Miscellaneous Cisco Catalyst 9200L-Network Essentials -switch- 1 2,337.99 2,337.99 48 ports -rack-mount This is an estimate only,not a contract.This estimate is completing the job listed above based on our evaluation.It does not include unforseen price increases,discontinued products or additional labor and materials which may be required should problems arise.This estimate is valid for 90 days. Phone# E-mail Follow us on Instagra (561)578-4964 sales@broadcastsystemsinabroadcast Systemscom — Page 2 Page 260 of 431 Estimate Date Estimate# Y S F E M 8/12/2020 3498 205 NW 12th Ave., Suite 201 Pompano Beach, FL 33069 EC13009779 Name/Address Project Site City of Boynton Beach City of Boynton Beach 3301 Quantum Blvd, Suite 101 Police Department Boynton Beach, FL 33426 2100 High Ridge Rd Boynton Beach, FL 33426 Item Description Qty Rate Total Miscellaneous Cisco Compatible single mode multi mode GBIC 1 399.00 399.00 Miscellaneous UPS RCK EAR KIT 1 99.00 99.00 Miscellaneous Tripp Lite 3000VA 2250W UPS Smart Rackmount 1 1,299.00 1,299.00 AVR 120V USB DB9 SNMP 2URM Miscellaneous Rack, PDU's,Vertical and horizontal CBL 1 3,100.00 3,100.00 management, and grounding materials Miscellaneous Fiber patch cable, Corning Micro closet housing, 1 785.19 785.19 Corning incerpt, 8 fusion splice ends Miscellaneous Dell Optiplex Operator PC 2 987.00 1,974.00 Miscellaneous Battery and installation materials 2 150.00 300.00 HRT Hiperwall Remote Support - 8 Hours --Remote 2 1,000.00 2,000.00 assistance for all Hiperwall related issues 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 $165,244.61 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 Instagra (561)578-4964 sales@broadcastsystemsinc.com Broadcast_Systems Total $165,244.61 Page 3 Page 261 of 431 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 9/11/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/1/2020 REQUESTED ACTION BY COMMISSION: Approve Task Order UT-3A-02 with Globaltech in the sum of $141,662.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category A executed on August 22, 2018 for the Design of Fluoride Storage and Feed Improvements to the East Water Treatment Plant. EXPLANATION OF REQUEST: The Utilities Capital I mprovement plan includes the installation a new fluoride storage and feed system at the City's East Water Treatment Plant (WTP). The WTP existing fluoride system was removed to allow the new MIEX treatment process to be constructed. A new system is to be installed with grant funding assistance from the Florida Department of Health (DEPARTMENT) Public Health Dental Program (PHDP). The Grant agreement (Resolution R20-030 ) was approved by commission on April 21, 2020. This Task Order is for the consultant to provide design, permitting and bidding services for implementation of the new fluoride system. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This authorization will allow the utility to complete the design and monitor construction of the new Fluoride feed system for the east water treatment plant. It will provide fluoridated water to city utility water customers which will promote enhance dental hygiene. FISCAL IMPACT: Budgeted Capital budget 403-5000-533-65.02 ALTERNATIVES: Not authorize design or provide for implementation of system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 262 of 431 ATTACHMENTS: Type Description D Contract Gen, Services Contract D Task Order Task order Scope & Budget Page 263 of 431 0 GENERAL CONSULTING C ' is enteredinto n the Cityn c , hereinafter referred to as "the CITT, and GLOBALTECH, INC., r i r referred to as wthe CONSULTANT',in considerationof the mutual benefits,terms, andconditions hereinafter specified. pursuant to Section 207.055, Floridato , the Consuftents' Negotiation Act,the CITYS Procurement Code,the City of Boynton Beach solicitedI for professional su i servIoes from qualifiedengineering for required City WHEREAS, THE CITY issued u r Qualifications for General Consultingi for the City of Boynton Beach, RFQ No. 1-17 the City Commissionsin L one of several qualiffed consulting firms General Consulting servicesI n NOW, THEREFORE, in considerationot the mutual oovenants expressedherein, the parties agree s follows: ARTICLE -SERVICES .1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request I during hi , including the provision of ll labor,materials,equipment and supplies. The specifiedjects which may be assigned CONSULTANTto is in conjunction : Scope Category r Plant Modifications, c' tion Evaluation Scope Category B Infrastructure Improvements l ' Scope Category ncilStudies Scope Category Transportation Services Scope Category E Architectural and Landscaping sin Services 1.2 SERVICE AND RESPONS1131LITIES 1. .1 L: The CONSULTANTo perform work assignedk Order(s) under such terms as set forth in t ).The terms of the Task Order(s)shall be supplemental to theterms of this Agreement. 1.2.2The CONSULTANT is responsiblefor defects in its work and in the work of Its u nwork, !The term"AwmemenPhas the same meaning " n t' Boynton Beach UtilitiesI Consulting V.5 C Page 264 of 431 12.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings wfth the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be lMted to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary servioss phase,the CONSULTANT shall advise the ITS, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain date from other sources-, identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, provide analyses of the CRYS needs for surveys; perform she evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4,1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field survey& 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2. 3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the she and its surrounds for the proposed project; and/or 124.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations-, assist the CITY in matters relating to regulatory agency operations review or operating pennit non-complianoe; assist with startup and operator training for newly installed or modified equipment and processes, and int preparation of operating, Boynton Beach Utilities-General Consulting Serviow C-2 V3 AN FNAL Page 265 of 431 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES. The CONSULTANT shall consuft and advise the CITY E n the following manner: specifying the extent and scope of the work to be performed, prepare detailed construction dravAngs and specifications; revise and update, where necessary, previou* designed construction pIns and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an eWronic format, and shall also include furnishing up to six (6) copies of plans and spedfications to the CITY; the exact number needed shall be determined by the.CITY, 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shallalso consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill perTnb. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorbmd by the CITY In each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of dramdngs and other documents to fix and describe the size and character of each proj civill engineering, environmental, landscape, architecture[, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Cons ! Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or int construction budgeis Il prepare Construction Documents within tenumber of calendar days 'specifed within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detafl the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6,4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1-2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Bewh Utilities-Cieneral Consulting Services W LEAN T FINAL CC-3 Page 266 of 431 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.8 CONSULTANT shall Include in the Construction Documents a requirement that the construction contractor shall provide a final as-buift survey of the project in Autocad electronic forrnat by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form mquired by the CITY and as required. 1.1 6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compIi ance with requirements of any local, state, or federal agency from which a permit or her approval Is required. The CONSULTANT shall make sure that all rvecessary approvals have taken place, 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is property coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents, The CONSULTANT shall provide to the CITY a Quaft Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, If applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and In a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently p racticing under similar conditions. 1.2.8 The CONSULTANT following the CITYS approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton,Beach Utilities Geneml ConsWting Services C-4 V.5 CLEAN FWAL Page 267 of 431 received by the CITY and shall make a recommendation for any award based an the CITYS Procurement Administrative Policy Manual. 1®Z Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the ITS Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the I . If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or in us wide prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction Industry,the established Construction Cost limit may be adjusted as determined by the GHYS Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CO NSU LTANT renders ft Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation is shall be mutually agreed to by the parties hereto, 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2AA The CONSULTANT shall attend all pre-proposal/per-bid conferences, 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CHYS representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualffication of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested Indeveloping qualifications criteria, review qualifications and recommend acceptance or nejection of the bidders. 1.2B.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. IZ9 The CITY shall make decision on all cWms regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions fbr the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents, The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations tot City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequenom or procedures, or fort safety Boyntan Beach Utilities General Congalfing Savices V.5 CLEAN FINAL C-5 Page 268 of 431 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders is shall be categorized tot various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2. .2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arnhftecturaVengineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or date. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor fbr revision for supporting documentation. After making such examination, when the schedule of values Is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.111 The CONSULTANT shall perform on-afte construction observation af each project based on the Construction Documents in accordance mAth paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceed Ing In a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT vAll provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITYwhere thework fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractors ite to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment In such amount. These Certificates vAll constitute a representation to the CITY based on such Boynton Beach UdIfties-General Consul&g Services C-6 V.5 CLEAN FINAL Page 269 of 431 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance Mh the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and Is a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up pri9 drawings and other data fshed by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoGad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings an site bi-monthly or as otherwise determined based on a specific need established pri or to construction by the CITY. 1.2.14 The CONSULTANT shall.review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how Minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, is shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor is shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction pmgress of any work, the CONSULTANT will if aLithorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative mrill endeavor to identify for the CITY any defects and deficiencies int work of the Contractor(s). Resident project observation services shall include but is not limited to the following: pt► Conducting all pre-construction conferences; 0, Conducting all necessary construction progress meetings; 4- Observation of the work in progress to the extent authorized by the CITY; 4% Receipt, review coordination and disbursement of shop drawings and other submittals; 0 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Congulting Serviom V. CLEAN FINAL C-7 Page 270 of 431 -1o' Verification of contractora'and subcontractors' payrolls and records for compliance with applicable contract requirements-, Maintenance at each project site an a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; 4, mite tion to the CITY immediately if it appears that either each project schedule or each project budget will not be met; s0o Scheduling and conducting monthly progressmeetings at which CITY, Engineer, general contractor,trade contractor, ut[Ii fies representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY, If so directed by the CITY, if the general and/or trade contractors are not meeting the requirements oft plans, specifications, and Construction Contract; 4% Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a dally to of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of it completion; and + Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals, record drawings; and maintenance stocks; The Resident Project Representative shall also Investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. TheResident Project Representative shall be a person acceptable to the CITY, and the CITY shall vet right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly tate CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility forte construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in amordance with the requirements oft Contract Documents, The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, sets or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY's activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beadi Ufflifles-Gomm]Consulting Sew-vims V.5 CLEAN FINAL C-8 Page 271 of 431 vendors ("Contraclom"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CI pre-existing site conditions ort aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for Inspecting, observing. or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site (OProject SiteB) other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.11 When additional services are necessary they shall be specified In the written Task Order. Examples of additional(not exclusive) services are: + Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. Services to make measured drmfts of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or tot CITY. 4- Services resulting from significant changes int general scope,extent or character of any particular project ori design including but not limited to, changes in size, complexity, the CITYS schedule,character of construction or method of financing, revising previou* accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes oro enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. • Providing renderings or models fort CITY'S use. • Preparing documents foraftemate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. ® Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses: providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, to schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licansIng, detailed quantity surveys of material, equipment and labor, and audb or inventories required in connection with construction performed by the CITY. 4, Assistance in connection with Proposal/proposal protests, re-bidding or re-negatiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in is event there shall be no additional cost fDr the provision of such services. Boynton Bcach Utilities-Gone=[Consulting Semices V.5 CLF-AN FINAL C-9 Page 272 of 431 ^0 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrat[ve proceeding. Ao Additional services in connection with a project not othervAse provided inthis Agreement. Services in connection with a project not otherwise provided for inthis Agreement. .4 Services in connection with a field order or change order requested by the CITY. A 1- Providing artwork, models, or renderings as requested by the I . 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorlzatlon, it will furnish the faflowing addKianal services. 4- Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services afterthe award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or a missions oft CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construcbon, 2) a significant amount of detective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions int design by the CONSULTANT or if the CONSULTANT falls to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. 4, Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. 4, Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components efther during bidding aridlor Negotiation services or Construction Contract award. The cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. J* Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deerned Basic Services, Except when caused by a design error by the CONSULTANT,the cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. BGynton Reach Utilities-General Consulting Services V,5 CLEAN FINAL C40 Page 273 of 431 1.4 CI1YS RESPONSIBfLITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1,1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete aLdhorfty to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s)or project managers du ring the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1. .1. Provide all criteria and full information as to the CHYS requirements for the Project including design objectives and constraints, space, capacity and performance requirements, fleAblility and expandablifty, and any budgetary limitations. 1.4.13 Assist the CONSULTANT by proiAding at the CONSULTANT'S request all available information pertinent tot Project including previous reports and any other data relative to design or constmcf1an of the project, 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1A.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic. surveys, laboratory tests and Inspectlon of samples, materials and equipment; 1. .1. Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and Impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions,- 1.4.1.10 Zoning, dead and other land use restrictions-, 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services undert is Agreement. 1.4-1-13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General ansulting SmIces V,5 CLEAN FINAL C-11 Page 274 of 431 1.6 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order written task order, the CONSULTANT shall submit to the CITY, at least rive (5) days prior to actual commencement of services, a schedule of services and expenses for ,approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT int order in which the CITY wishes, and shall be performed and completed int order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for compWIon approved by the CITY in advance, in writing, shall not constitute non-perfbrmance by CONSULTANT pursuant to this Agreement, 1.53 Proposals received by CONSULTANT as a result of task orhmitten task order that exceeds $25,000 in cost will require appnovel from CITY Commission before execution of services in accordance with the CI1yS Procurement AdmInIstrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withhold until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and Intended that the CONSULTANT will be authorized to begin new task orders on a arolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practicaL Failure to complete the "older' task orders in a timely manner, may adversely Impact upon continued early auth0ftafiDn to Start 8 subsequent work. 1® When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances in may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders untiI such time as it is no longer in default, and the CONSULTANT has demonstrated to the C17YS satisfaction, the reasons for tardy completion Boynton each Utilities General Consulting Services V.-5 CLEAN FINAL C-12 Page 275 of 431 have been addressed and are not likely to be repeated In subsequent task orders. This restricted issuance provision may result int CONSULTANT not in issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at Its sole option retain another CONSULTANT to perform any or arising cut of this Agreement andlor terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1, An event of default shall mean a material breach of this Agreement Without limiting the generality oft foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: 4* CONSULTANT has not perfon-ned services on a timely basis due to CONSULTANT'S negligent errors or omissions, 0 CONSULTANT has refused or failed to supply enough properly skilled personnel; 4- CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; 4 CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; 46 CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance vAth the requirements of this Agreement 1.6.2 Int event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: 0 The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANrS rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN KNAL 0-13 Page 276 of 431 1. .3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other reme4y given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise ort beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The Initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges ftt the Services to be performed during the Wm (2)year term will be govemed by this Agreement, and that there is no guarantee of future work in given to the CONSULTANT. 22 In the event that services are scheduled to and either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks islare completed.At no time shall this transitional period extend more than one-hundred and eighty(1180)calendar days beyond the expiration date oft existing contract. The CONSULTANT mill be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY ARTICLE 3 -11ME OFLPERFORMANCE V Work under this Contract shall commence upon the gfving of written notice by the CITY tot CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all or product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4- PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment fort work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A' attached hereto. Payment as provided in this Section shall he full compensation forwork performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. 0 Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-Goteral ansulting SeMccs V.5 CLEAN FTMAL C-14 Page 277 of 431 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITYS representative prior to performance of the sub-oonsulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. do The CONSULTANT may submit vouchers to the CITY on per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. -0 In certain cases where incremental billing for partially completed Woric is permitted by the CITYS representative,the total incremental billing$ shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment. When a sce is to be compensated based an time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CI1YS representative fbr prior approval based on estimated labor hours and hourly rates which shall not exceed the estabI[shed hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost rpt® 0 Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its asoertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. In order for both parties herein to close their books and records, the CONSULTANT will clearty state 'Linal invaiW an the CONSULTANT'S final/last billing to the CITY. The final Invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included an this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract- Costs for subsequent years and any extension terms shall be subject to an adjustment only if Increases incur in the industry. However, unless very unusual and significant changes have occurred int industry, such increases shall not exosed 5% per year, or whichever is less, the latest yeady percentage increase in the All Urban Consumers Price In (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utillfles-General Consulting SeMees V.5 CLEAN FINAL C-1 Page 278 of 431 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the cordract year then in effect, compared to the in for the same month one (1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI orindustry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the[ t . The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLES-2 ERSHIPANDUSEOFDQCL jME-KTfj 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made Is executed or not, Notwithstanding the foregoing, the CONSULTANT shaI! maintain the lights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITYS sole risk and Wthout liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLES-FUNDING 6.1 This Contract shall remain in full fame and eftd only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach int annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES ANn flgeag§ TTI ONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualiffed professionals to all assigned projects during the terrn of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant tothis Contract. CITY Boynton each Utilities-Gencral Consulting tirmices V.5 CLEAN FINAL C-16 Page 279 of 431 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-t�01@ 8.1 CONSULTANT shall, In performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S semices and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project, Should changes in any low, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-1WEIVINIFIL ATION 9A Subject to the limiting provisions of Florida Statute 725-08, CONSULTANT shall indemnify, and hold harmless the CITY, Its offices, agents and employees, from and against any end all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from th Is Contract or out oft services or goods furnished hereunder. 9.2 To the greatest extent pernfifted pursuant to Section 725.06, Florida Statutes, CONSULTANT's Indemnification obligation (when providing services to CITY) shall not exceed the value of LTA T' total compensation. Such obligation shall not be construed tonegate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or petson described inthis Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Uldlitics-General ConsWting Services V,5 CLEAN FINAL C-17 Page 280 of 431 ARTICLE 10- INSURANCE 10.1 During the performance oft services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Flofida. 10.1.1 Workees Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employees Liability Insurance requirements in is subcontracts. This coverage shall include Employer's Liability wh h limits meeting all applicable state and federal law& This coverage must extend to any sub- n t have their own Worker's Compensation and Employees Liability Insurance, unless not required by statute. The policy must contain a waiver of subragation in favor of the CITYof Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an `Occurrence" basis. Cover-age shaII Include Premises and Operations, Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, aindemnificationg of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arlse directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrenceleggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY.except for cancellation due to non-paymant of premium. 10A.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1 000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arlse from the ownership, use of maintenance of owned and non-owned automobile, included rented autornoblM, whether such operations be by the CONSULTANT or, by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per clairn/aggregate. Boynton Beach Utilities-Genei-A Consulting Servim V.5 CLEAN FINAL C-18 Page 281 of 431 10-2 it shall be the responsibility ot the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment oft CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage difflarent from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior tot date on which the requfrements shall take effecL Should the CONSULTANT WI or refuse to satisfy the requirement of changed coverage within the thirty(30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect an the date that the required change in policy coverage would otherwise take effect. 10.4 CONS U LTANT shall, for a period of two (2)years following the termination of the Agreement, maintain it coverage"in an amount equal tot described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE I I -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agrot t the CONSULTANT is an independent CONSULTANT wilh respect tot services provided pursuant to this Contract. Nothing inti Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY empI oyees by virtue oft services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11® CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant tothis Agreement, CONSULTANT shall comply with Chapter 119, norlda Statutes, as amended (Public Records). CONSULTANT'S obligation Includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other then a bonsfide employee working solely fort CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any oompany or person, other than a bonal'Ide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Headi Wities-General Consulting SeMea V. CLRAN RNAL C-19 Page 282 of 431 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, ARTICLE 13—TRUTH-IM-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and cu on as of the date of the Contract. 132 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise Its dghts under this nCertificaW within one(1)year following payment. ARTICLE 14 - QK1RACJ[NQ 14.1 The CITY reserves the right to acceptthe use of a SUB-CONSULTANT or to reject the selection of a particular suANT and to inspect all facilffies of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform property under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTA falls to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay int performance any portion oft contract as set forth in the Scope of Work. 143 The CONSULTANT, its SUB-CONSLILTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 16 -DISCRIMINATION PROHIBITED 15,1 The CONSULTANT, with regard to the wori performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies, ARTICLE 16-,ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utiflues-General Conmiting Services V.5 CLEAN FINAL C-20 Page 283 of 431 ARTICLE 17 -N614-WAIVER 171 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver® in writing. In the event of a written waiver, such a waiver shall not affect the waiving partys rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a deflault or breach shall not operate or be construed to operate as a waiver of any subsequent defauft or breach, ARTICLE IS—TERMINATION 18.1 Termination for Convenience: This. contract may be terminated by the CITY fbr convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that theCONSULTANT abandons the Contractor causes Itto be terminated,CONSULTANT all indemnify the CITY against loss pertaining to this termination, 18.2 Termination for Delbult:: In addftion to all other remedies available to the CITY, this Contract shag be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fall to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure, In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida, Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of low. The CITY does not consent to madlal:lon or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract If delays In or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results int prevention or delay of performance by a party of its obligations under this Contract and is is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Heach Utilities-General Consulting Services V.5 CLENNFINAL C-21 Page 284 of 431 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,orremediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. Ten n- or 1 ll, within a reasonable time of in prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forms preventing continued performance of the obligations aft is Contract, ARTICLE 21 —fel 7Y-PIS OVIM)LN -ORMATION L_AND 21A CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT's services-, obtain or authorize CONSULTANT to obtain or provide additional reports and date as required,furnish to CONSULTANT services of others required for the perFormance of CONSULTANT's services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services pruvided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PRoigurIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs, competitive bidding procedures and market condons; time or quality of performance of third parties; quafity, type, management, or direction of operating personnel; and other economic and oper*lonal factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not VE" from CONSULTANT'S op!nion%analyses, projections, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY, No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no fight to assert a claim against CONSULTANT by assignment of indemnity rights or cate shall accrue to a third p" as a result of this Agreement or the performance of CONSULTANT's services hereunder. Boynton Beadw Utilities-General Consulting Saviecs V.5 CLEAN FINAL C-22 Page 285 of 431 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: —---------- ------- --7————----------------------—-------------—------ Aitrr Ut"Iftlif DirectorC M 'n 8 -------------- ------------- --- --- E,Wool Prock.l.rernenit ----8er,/kx,,,m ........ ................. —-------------------------------- C). Btox,310 EL33435 P,1 ---------- rs And Notices to CONSULTANT,shall be sent to the following address., C.- ................... Atkrr Rick 01so U-r---------------- " W 411!2 M�114------ swjv",, 610 ------------------ _R- 33487 ----------— ARTICLE 25 -INTEGRA,rED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all pdor negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individ ual Task Order, the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision ot tne bitate of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to walve or modify the immunitles and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning It, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute conng it, shall be construed or resoWed so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out oft Contract,the prevailing party shall be entitled to recover Its own costs andattorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not after or waive CITYS entitlement to sovereign immunity, or extend CITY'S liability beyond the Ilmits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consuf6ng Servim V.5 CLEAN FWAL C-23 Page 286 of 431 ARTICLEPUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall- A. Keep and maintain public records required by the CF17Y to perform the service; ® Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not txceed the cost provided in chapter 119, Fla. Stat°or as otherwise provided by law; C. Ensure that public records that are exempt or that arc confidential and exempt from public record disclosure requirements am not disclosed except as authorized by law for the duration of the contract tenn and, following completion of the contract Contractor shall destroy a copies of such confidential and exempt records remaining in its posession on the Contractor transfers the records hi its possession tD the CITY; and D. Upon completion of the contract Contractor shall transfer to the CITY, atno oostto 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 CITYS custodian of public records, in a format that is compatible with the info do technology systems of the CITY. E. IF THE, CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPITR 119, FLORIDA STATUES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACK FLORIDA,33425 561-742-6061. xMikAMELU Boynton Beach Utilities-General Consultin g Services V. CLEAN FINAL C-24 Page 287 of 431 Article 29-LEWI]TATION OF LIABILITY THE PARTIMS HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER TWS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT TBE REMEDIES TO REFLECT TIIAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER IS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND TBEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES66 9S COVERED PARTIES' 9 g ASSIGNED SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE I TO SUITS,ALL g ACTIONS,LOSSES, ARISING COSTS(INCLUDING ATTORNEY FEES)ANDDAMAGES OF ANY NATURE WrMOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY I IMPOSED. CLAIMS MUST BE BROUGHT WrMIN ONE CALENDAR YEAR FROMPERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, h ies hereto have executed this Contract In multiple copies, i II be consideredri I I on the following : DATEDinis 7ft day of 20 . CITY OF BOYNTON BEACH City. t er CONSULANIT Attest/Authenticated: i u (Corporate Seal) Approv d as to 0AttestlAuthenticated- Offi& of the Ci rr� - Secretary i Utilities_Gencnd Consulting Smvim V.5 CLEANT FINAL C-26 Page 288 of 431 EXHIBIT"A" RATE SHEET CRI johaltec Inc DATE_ .... ........ lvt�V'bshfV'{iLl int t$9)��u�'`; OFat �P Q,,I�I°19�t}v . ... .,........ ................................. ,... W f 6 .......,....t Sir !%,I ' 0LO .....,.... _:. .. ................,c: �..... {v. �,... ...,,.ate t 'sa"t'ihll2 int.` ,N -,.,3.c,u .......... ..... ....... ............ { ...................... p f IC 3 P 6t 11.1-((,',','/,, ((,.dr,I, � R„cl 1,kdt,iv n ».,,�a,1 d �,.�.mm, ...,,, �....�.,M . at l{" Yl' €fdvlhat ifir .. I a ft�.ztt aft , .... , frri4.!„1P� '«�� ,its.., wF4 dn €�I Reimbursable Evnpncpz, Direct costs such as poaage,prints,delivery service will be billed at cost. y t=Bearh Utilities-Gmeral Consulting Servims V.5 CLEAN FINAL Page 289 of 431 EXE"ff 46B99 City of Boynton Beach Risk Management Department INSURANIM ADVISORY FORM Under the terms and conditions area contracts,leases,and avemnants,the City requiras appropriate,coverages listing the City of Boynton 13cach as Additional bsnre& This is done by providing a Certificate of fitsurence listing the City as"Certificate Holder" and"Ile City of Boynecat Heach is Additional ImLsed as reopect to cansroges notod-"Insumance cornpanins providing Insurance coverages meet have a current rating by A-M.Best Co. of'11+�'or highm, (NOYE- An Warance contract or binder as be orcriered to proof af innerance if Cerfifinare it provided upon selection of van don) 'Me following is a M of types of thsarance required of contractors,lessees,eto.,and the limits required by the Cfty: (NOTM This Ust is not all inclusive,and the City reserves the right to require addit`on d types of fusurance,or to raise or lower the stated limits,hued upon identified risk) (Occurrence used Ord ) MMMUM IMITS REOUIRED General Liability General Aggregate 3 1,000,000.00 Commercial General Liability Pro ducts-Compft Agg, S 1,000,000.00 Owners&Contractoes Protective(OCP) Personal&Adv,Injury S 1,000,000.00 Liquor liability Each occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Offictes Mcd.Expense(any one paroon) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Rglosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Fenn Property Damage Put Legal Liability Amranobile Unibility Combined Single Limit S 500,000.00 Any Auto Bodily lujury(per person) to be determined All Owned Autos Bodily Injury(por accident) to be de ed Scheduled.titan Property Damage to be detennined. Ffired Autos Trailer Interchange $ 50,000,00 Mon-Owned Autos PIP Basic Intermodal Garage Liability Ante Only,Each Accidwt 1,000,000.00 Any to Other Than Auto Only S 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate S 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aginegaft: to be desambW Worker's Compensation Statutory Limits Employer's Liability Ewh Accident 100,000.00 Discam,P Dliry Limit 500,000.00 Disease Each Employw $ 100,000.00 Prop" Homeowners Revocable Permit S 300,000.00 Buildea's Risk Limits hued an project Cost Odier- As Risk Identified to be detenninod ................. Boynton Beach Utilities-General Consulting SeMces V,5 CLEAN FINAL C-27 Page 290 of 431 EXHIBIT " PERFORMANCE EVALUATION CONSULTrNG ENGINEERS Boynton c Utilities-General Consulting Services .5 CLEAN FI - 28 Page 291 of 431 E., , "C" EVALUATIONPERFORMANCE ENGINEERSCONSULTING DESIGNIENGINEERING BID DOCUMENT PREPARTION PHASE vl rsn, r . i u qqy -, .' is sb tab"1, . j 2v .... ......� 5, -As ofsubmissions 6, "Pians clearldeelafled _ . — *Preliminary administrativetlirnited staff reviewlevaluation of levels of clarity, accuracy, and coordination n disciplines. P .s FINAL T PREPARATION, BID,&AWARD BY CONSULTANT Rate n mi' rleaiiy 1 to 5 with 6 bellpthe � t ow-a N/A. .q . . mm mmmmmmmm_____._�-.,...........................,, �- 3j::j ..�-4 .m.m..m.mmm. ........ 4,.. rn rneru r s estiMate .._. 3 4 i Fri. 'I Irfi �� � ubirdsal n .v 7. Pm-bid conferemrA-a ,d«, y P^s se o ( yn — ,5^A Irr Bid—evaluation qual imeliness it .:.. Re anse to build rr, �j rmi,*rr�m �r �i � ..mmmmmmmmmm 1 i Ike'dendurn pr 3or j rimy pp!M m ppLic2 i�jn i _.._ mmm m.._.. i r Boynton Beach Udiffl -Gcncral Consulting Suvices 29 V.5 CLEAN L ,� Page 292 of 431 X . ff "C"' PERF01MANCE rtVALIJATION FORM CONSTRUCTION PHASE COMPLETION ateerg I to �.with 5 bein the highnest score f 2 3 2. a Plans/S aoAccurate/Coordinated2 3 4 � 3.�.. -Dass Constructa �t 23 4 TimehnesslQualffil of ProcesslnSubmittals2 _ 3 4 5 Producytgulp[nent Selection Avallabil, 1 We tafr a lovestloations I2 _gvarfty of So ort Services 1 2 3 . Overall Construction Contract inisb flo 2 3 4 5 kPro° �� of stat P. ta '10. alt ° of Claims for Extra o _.. t 2 3 4 5 -Tl—. � ora to roe t off dent copies of signal plans to allow for fimely revl&w andapproval by all t 2 3 4 5 Parittra aoie " 27 Did the Consuftant actively participate to overcoming problems with the Contractor,ctor, Building f 2 3 4 ffiola and/or ReaulatorV Agencies? I& Change Order Processing (Accuracy, ` i e-1 f 2 3 4 DocurnentLaboE, etcj tin Did the Consultant exercise o ato.oti ordination and control of a c o f rpt s or f 2 3 4 aaoo�afar mor a � o�° u Proatia Partici atior� aottio f t 2 f 2 3 4 ,. ,IC tq °'1(` �t'� t.•I `,'t;( ,1, �7lll ,t t Hf-�Mkr" (-)h, V T, �.,. Boynton Beach Utilities-Gerietal Consulftg Semlow V.5 CLEAN FINAL Page 293 of 431 EXHIBIT AVI PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (writinued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rob: numedc 11th 5 be n ie hi hewt score N/A 4 invest! !on of situation or adj 1 2 3 2. --------------------- 2 3. 1-imelln"m of submissions A A 4. 51 2 3 5 6, 2 3 4 5 in 7. 2 3 4 5 at, not, ry "01; 1 awn Cilia, Boymn Bevadeh Utilities-General Consulting SerAzes V.5 CL FITNUAL C-31 Page 294 of 431 Attachment A Task Order# UT-3A-02 EAST WATER PLANT DISINFECTION MODIFICATION EVALUTATION Project Senior Process Total Manager Electrical Engineer CADD Clerical Labor Contractual Labor Rates$1Hr. $210 $185 $130 x$110 $65 ' Task 1 Project Kick-Off Meeting Project Coordination 4 2 $970.00 Project Kick-Off Meeting 3 3 $1,020.00 Data Collection Site Vists 6 6 $2,040.00 Subtotal Task 1 13 0 9 0 2 $4,030.00 Task 2 Hydraulic Evaluation Project Coordination 2 2 $550.00 Develop conceptual layout of each change 2 8 10 $2,560.00 Develop hydraulic models 2 16 $2,500.00 Analyze proposed modifications 2 6 $1,200.00 Subtotal Task 2 8 0 30 10 2 $6,810.00 Task 3 Four-Log Virus Treatment Evaluation Project Coordination 2 2 $550.00 Develop four-log virus treatment calculations 2 8 $1,460.00 Identify Improvements for four-log virus treatment 8 12 8 $4,940.00 Meet with DOH and review potetntial improvements 4 4 $1,360.00 Subtotal Task 3 16 12 20 0 2 $8,310.00 Task 4 Order of Magnitude Capital Cost Estimate Project Coordination 2 2 $550.00 Prepare Order of Magnitude Cost Estimates 4 4 16 $3,660.00 Subtotal Task 4 6 4 16 0 2 $4,210.00 Task 5 Prepare Summary Report of Evaluation Project Coordination 2 2 $550.00 Prepare Draft Summary Report 8 4 16 6 2 $5,290.00 Review meeting for Draft Report 2 4 $940.00 Prepare Final Summary Report 2 4 2 $1,160.00 Subtotal Task 5 14 4 24 8 4 $7,940.00 Total 57 20 99 18 12 $31,300.00 Reimbursable Expenses $200.00 Total $31,500.00 Page 295 of 431 9.A. CITY MANAGER'S REPORT 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Approve contribution of$55,000 to the Education Foundation of Palm Beach County for the purchase of W i- Fi extenders and related equipment to assist Palm Beach County and the School District in providing W i-Fi access to Boynton Beach families/students. Staff recommends utilizing $55,000 from the Community Enrichment Fund account(Christ Fellowship Church donations), leaving a balance of$80,000 in the account. James Gavrilos, Executive Director of the Education Foundation of PBC will present more details of how this contribution, along with a local fund raising campaign in the City to match these dollars, will provide much needed funds to purchase W i-Fi extenders for Boynton Beach residents and students in underserved communities. Explanation of Request: At our August 19th City Commission meeting, James Gavrilos and Adam Miller presented the County's Digital Inclusion Initiative to close the digital divide of internet access to underserved communities. The program is a partnership between the School District and Palm Beach County Government. A mesh network will be constructed throughout areas of the County to provide a framework by which access to the internet can be gained by students/families who currently do not have it. How will this affect city programs or services? Fiscal Impact: Non-budgeted Funds are available in the Community Enrichment donation account. Alternatives: Not contribute to the initiative. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 296 of 431 9.B. CITY MANAGER'S REPORT 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Provide an update on the private development progress for the Town Square project and discuss the letter provided to the City by J KM Developers on potential contract amendments. 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 Attachment Latter from J KM Development D Addendum continuance request Page 297 of 431 2300 Glades Road �� Suite 202 East Boca Raton,FL 33431 DEVE PERS Office: 561-886-6684 L MEMORANDUM Boynton Town Square Private Sector Development In the mutual best interest of the City of Boynton Beach and JKM Developers, LLC and its affiliates, JKM proposes the following areas of discussion in order to revise the current plans for development of Boynton Town Square under the existing arrangements; these proposed changes are intended to: • address the City's desire for the various projects to be completed on a more accelerated schedule than currently provided for in the agreements between the City and JKM; • modify the planned mix of uses, programs, and prospective residents'for the private components in order to more closely align with the City's growth and development goals; and • facilitate the financing of the public and private sector components in the current financial landscape. Key Modifications 1) North Building. JKM will work with the City to identify a joint venture partner or developer to build the North mixed-use building on the accelerated development timeline desired by the City. 2) Central Building. JKM will work with the City to establish a revised timeline for the Central Building for site plan modification,building permit submittal, and construction start. 3) North and South Garages. JKM will transfer title to the North and South Garage parcels to the City. a) City will construct the North and South Garages with revenue stream underwriting based on predetermined private sector parking lease income. b) JKM will lease parking for the South Building (Parcel 7) in the South Garage from the City or its successors/assigns at an agreed,pre-determined per space lease rate. c) Developers of the Central Building (Parcel 3), Hotel (Parcel 1) & North Mixed-Use Building (Parcel 2) will lease parking in the North Garage from the City or its successors/assigns at an agreed,pre-determined per space lease rate. d) Together with the leases with the owners of Parcels 1, 2, 3, and 7, additional funds from public leasing of parking spaces and metered charges income will help underwrites (pay for) Garage Construction. 4) TIF Financing. As part of the restructuring, establish a TIF financing arrangement that will subsidize community programs related to the development of Boynton Town Square. City of Boynton Beach/JKM Developers Restructuring Discussions Page 1 of 3 Page 298 of 431 Proposed Uses of TIF Funding The Tax Increment created by JKM buildings and the Hotel (when they pay taxes) will first pay the deficit between the City's Boynton Town Square lease obligations to CFP and the CRA's current funding. Thereafter, the combined JKM Buildings and Hotel tax increment will subsidize the below enumerated community programs. JKM has engaged Ryan, an international tax firm with expertise in TIF financing, to analyze the financial data relating to the project, and expects preliminary analysis the week of August 24`h Tax Increment use example for Tax Year 2024, illustrative numbers only: • City Boynton Town Square Project Annual Lease Cost.........$4,483,178 • CRA Current Annual Funding to BTS Cost....................... $3,700,000 • Deficit=Lease Cost minus CRA Funds........................... $ 783,178 • Private Sector Tax Increment........................................ $2,903,462 • Tax Increment to Community Programs..................... $2,120,284 Community Programs proposed to be subsidized by TIF financing 1. Additional Parking. Subsidize approximately 125 additional parking spaces in the North Garage for City-CRA use. 2. Workforce Housing. Subsidize an agreed amount of Workforce Housing in Parcels 2 & 3 (the "North Building" & "Central Building") proportionate to and underwritten by the amount of TIF available. 3. Portable Rent-to-Own Down Payment Assistance Trust. In order to promote building wealth within Boynton Beach, JKM intends to collaborate with Habitat for Humanity to establish and administer a rent-to-own, purchase down-payment assistance trust subsidized by private sector TIF funds. The down payment assistance would be available to subsidize down payments for qualified workforce renters seeking to purchase a home anywhere within the City of Boynton Beach. 4. Community Re-vitalization Trust. Establish a Trust to fund condition upgrades for private homes and businesses administered in Habitat for Humanity's Community Re- vitalization program. The Trust would fund local Boynton resident skilled labor to perform improvements for eligible residents and businesses. 5. ScholarshipTrust Fund. A scholarship trust would be established for Boynton students to attend academic or vocational schools. Additional Wealth-Building Initiatives 1. Boynton Resident Worker Preferred Consideration. JKM will designate an employee leasing firm as the preferred employer for construction contractors. Contractors and subcontractors needing skilled labor and laborers will give preferential hiring consideration to Boynton Beach residents registered with the employee leasing firm. The employee leasing firm will function for Boynton residents to have a central clearinghouse to register for Boynton Town Square work. 2. Boynton Firms Preferred Consideration. JKM will continue to work with David Scott to provide preferential consideration to qualified Boynton Beach firms providing services and materials for BTS construction. City of Boynton Beach/JKM Developers Restructuring Discussions Page 2 of 3 Page 299 of 431 3. Boynton Student Intern Preferred Consideration. JKM will provide preferential consideration to Boynton Beach Students for its summer Real Estate Internship program. City of Boynton Beach/JKM Developers Restructuring Discussions Page 3 of 3 Page 300 of 431 0 4- a 0 4- m c Q) au L CL c 0 .0 E E O U OJ L Cr Ln C 0 0 r 0 O O M c \^'/ O m ^� I'1 0 0 U O U � V1 � L � CL O GJ O N U U C N n f6 7 N C /E OU 4,o 3 > Ln f�6 U LJ Y m -j O m LoE - a, E r4 N G c cu 00 N Y L V)i 0 O y E J E a, � L >, 7 L v fC > J c J L Q O Y (cr OU ON vi cn M > (AL -a O L Ln a) OC a..' LL C L .� O •LL N O N Lu C lD L L •� H• L N N 0 tD O L N C C > C � ~ m O u E Y 2o0 � oo CO O O � C OP O :6 'L L Q m L c 0 i- U r-I L 0 O u 7 O N N = O O Y M = O W L. V) H U V) J d (A H -, N V) m Lel 9.C. CITY MANAGER'S REPORT 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Proposed Resolution No. R20-091 - To adopt a tree planting goal of 3,000 trees per year to achieve 20% tree canopy coverage by 2035, based on recommendations of the attached Boynton Beach Urban Tree Canopy Assessment. Explanation of Request: In October 2019, the City of Boynton Beach contracted with the nonprofit Green Infrastructure Center (GIC) to evaluate the extent of citywide tree canopy and possible planting areas, and to quantify environmental benefits of the City's trees. The assessment, completed in June 2020, calculated that tree canopy covers 16.1% of the city's total land area, and that 7.4% of the City's land area could potentially be planted with additional trees. The assessment quantifies the benefits of the City's trees in terms of stormwater uptake, heat island reduction, air quality improvement, and carbon sequestration. Based on results of the assessment, public and staff input, and calculators provided by the GIC, the Sustainability Coordinator proposes a tree canopy goal of 20% coverage by the year 2035. This would entail planting a total of about 45,000 trees in 15 years, or 3,000 trees per year on both public and private land across Boynton Beach. By adopting this resolution, the City Commission commits to maintaining and expanding tree canopy throughout Boynton Beach by adopting a community-wide planting goal of 3,000 trees per year. This goal will be achieved through a combination of public investment and private-sector partnerships. How will this affect city programs or services? Boynton Beach is designated as a "Tree City USA" by the Arbor Day Foundation in recognition of its more than 35-year commitment to caring for its urban trees. This resolution will elevate the City's commitment by providing baseline data to monitor progress toward maintaining and expanding the City's tree canopy. Expanding tree canopy supports the vision and objectives of the Climate Action Plan, Comprehensive Plan, Strategic Plan, Community Redevelopment Plan, Complete Streets Policy, National Flood Insurance Program's Community Rating System (CRS), National Pollutant Discharge Elimination System Stormwater Program (NPDES), and other City plans and policies. The Sustainability Coordinator will work with interdepartmental staff on a Tree Canopy Program Implementation Plan including the following actions: Target tree plantings by neighborhood, parks, streets, etc. Engage the community through website, social media, events, webinars Develop an Urban Forest Management Plan Continue to pursue grants and partnerships to plant trees Re-assess Urban Tree Canopy every 4-5 years Staff will consider additional options for implementation such as revising the City's landscape code and developing new revenue sources to support tree planting and maintenance. Fiscal Impact: Non-budgeted For fiscal year 2020-2021, the City will contribute $20,000 from the Green Building/Community Sustainability Page 302 of 431 Fund for tree plantings. Additional funds will be contributed by the CRA and grants received by nonprofit partner Community Greening. Staff and Commission will consider how to budget for tree plantings in future years. Alternatives: Not adopt the proposed resolution. Strategic Plan: Strategic Plan Application: Climate Action: Yes Climate Action Discussion: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry. Recommended action: Conduct a citywide Urban Tree Canopy Assessment to quantify existing tree canopy and ecosystem services, establish canopy goals, and develop recommendations for implementation. Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution Resolution adopting tree planting goals Staff Report Tree Canopy Report 7-24-2020 Attachment Staff Presentation Page 303 of 431 I RESOLUTION NO. R20- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, ADOPTING A CITYWIDE TREE PLANTING 6 GOAL OF 3,000 TREES PER YEAR TO ACHIEVE 20% 7 TREE CANOPY COVERAGE BY 2035; AND PROVIDING 8 AN EFFECTIVE DATE. 9 10 I WHEREAS, the City of Boynton Beach enjoys numerous benefits from its urban forest 12 including shade, energy savings, walkable neighborhoods, natural beauty, wildlife habitat, 13 increased property values, carbon sequestration, uptake of air pollution, and absorption of 14 stormwater runoff, and 15 WHEREAS, trees are declining throughout the southern United States as a result of 16 development, storm damage, disease, and lack of replacement as older trees die; and 17 WHEREAS, an urban tree canopy assessment of Boynton Beach found that tree canopy 18 covers 16.1% of the city's total land area, and that the City lost 1% of its tree canopy, or about 19 1,800 trees, from 2017 to 2019; and 20 WHEREAS,the same assessment found that 7.4%of the City's land area could potentially 21 be planted with additional trees; and 22 WHEREAS, the City's 2020 Climate Action Plan identifies Urban Forestry as a key 23 strategy to help reduce community-wide greenhouse gas emissions 50% below 2015 levels by 24 2035, and 25 WHEREAS, planting trees in targeted areas can increase equity because low-income 26 neighborhoods often have lower tree canopy and hotter surface temperatures; and 27 WHEREAS, community members have identified tree canopy expansion as a top priority 28 to make Boynton Beach a more sustainable city; and 29 WHEREAS, the City has developed partnerships with nonprofit organizations and 30 received grant awards to plant trees in public parks, schools, and private residences; and Page 304 of 431 S:ACA\RESO\Tree Canopy-Reso.Docx 31 WHEREAS, the City will continue to pursue grants and other funding opportunities, and 32 will engage the private sector to contribute to the citywide tree planting goal; and 33 WHEREAS,the City will conduct a land cover assessment every four to five years to track 34 progress toward meeting the tree canopy goal of 20% coverage. 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 36 CITY OF BOYNTON BEACH, FLORIDA, THAT: 37 Section 1. Each Whereas clause set forth above is true and correct and incorporated 38 herein by this reference. 39 Section 2. The Boynton Beach City Commission adopts a city-wide tree planting goal 40 of 3,000 trees per year to achieve 20%tree canopy coverage by the year 2035. 41 Section 3. That this Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of September, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Ty Penserga 49 50 Commissioner—Justin Katz 51 52 Commissioner—Woodrow L. Hay 53 54 Commissioner— Christina L. Romelus 55 56 VOTE 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) Page 305 of 431 S:ACA\RESO\Tree Canopy-Reso.Docx � ' �� � € �� t '�. � Xc � � �� �� <� �'_ j � �� •�j}z 1�. } �� _�`� ' '�� �4m�\� f �4m�\� = y 3�� Y GAS i�, Y � t � � { ���, \ ����� �{�(t l ,k�, f��14�([,��� (_ �3 ?� 1f�� � 1f�� �y3 is�� � 6�� r�-Y � ��\�:��Y} t�= �'�s t '�` � t'� � � ���P� 441Pr � � l� . � � 'Yc '€ � \`�x��17 \`����`'. � �iPr 1f��S ��� cL_��4J ��i` ;�Sil f `� � {� `t \j } � � ��43 � � � �j \ [F i it1 � �4 lS, \�v �„`�, ? ��4 a �.>4` �1�� ��4 �� �� kll. t��(���}`� ks 5 � < � � � r � �� � � � � �� l� c r' � � , t ! �-a� - ,�x: 3 ����... 'zi.c � _� v :.`5���� �, };( � .,��� �`, � � ��_ �fS �YSY�3� --`� � is f�` �1}. _ �5;�' - ', `' - �. �� � 1 '�; �'. `�', f .q I'�ea- �:'�,. �,� ti� �k,.-1i ks.. , � ��, �iA�t 'fir = � - j - // �' � , -- r SS- s-.- v`d� �.r,.. � .. r `��u �?� ,,,. Y`,, 1 ,.. �",,- '�'3_�i: c 4t, `� b,_.; .. i ,:`.. `,�' �,,.�' � � (P{ _--: - � F _- ,F a z � t � uY� s ��•����s tm � ,>4 '� ,� ,�i 4 �� ,;�r< � �3.����,� `��Y; '��- ��� �+1":= a C `,',�; c � „�- ' � , Y � ' �� � � � � � ', - bd � � ,'gyp ��s �^'. � °, ,. t�� i - `�' ,Y s � � � "r �. . S � ��, v ri a P' _ y.. �. , �, ,. Y 5�. ?4 J �`� 5 ��� rt v a � - u , e n� � - � i�� E � , t ,. s� �, ,� y .. .�.. , y -. , �� .-' ,., - n�.�i g 1 y,' e $m i - A i. -., 4 # s �` F !. � � �- � k i ” r c3 A �$ � � U b '�� �W�"d'I� � a � s�� � n ,. u �, � � 4. �:' ,°k,� ,, , ���- a � , T ,f, �Y f � � „Y � �� i - i, � �� ��'� i .. ',�� e � s „ , '� � �' '���� i ass � r is � �� ��( iii 1 11; � ����� Y, Q�� � � � �� - � r '_ �,f ,� � G � �� ;� ��� � �, .� ��, x. �� s,'ss� �r�'�1 1 „1114 �°� �. 9 � w, _ � e � � � ,. , � ' , � � . .. �n� sur ,tet,; o � ,r ,...., . �g f -���' -,� � +J� � C J �� � �� � ,i �� �Yn!�5 Y Y{�� lt}r 1�1VSYS1 r' _ �� �y -� asu#�t�y ���. �� �, � � � 4� 4 � � �,� ;.r ,, 4.. �. --� � — � $� This report and analysis were funded by the City of Boynton Beach, Florida,under a contract to the Green Infrastructure Center Inc. (GIC) Additional analysis was supported by the Southern Region of the US Forest Service (USFS). The mention of trade names, commercial products, services or organizations does not imply endorsement by the City of Boynton Beach or the USFS.All images and maps were produced by the GIC unless otherwise credited. Publication Date: July 24, 2020 IIT ' F BOYNTON Page 307 of 431 i Urban re e Canopya. of nton Beach,o s i1 t s rttt S,!,, 5s o1` x t1 } `t s\ } 1 .��i ... fs�� g I st� , ))t e�t�_i t ,. (' I r< „ -CITY BOYNTON r k r PROJECT OVERVIEW AND EXECUTIVE SUMMARY...................................................................................................................1 WhyMap Urban Canopy...........................................................................................................................................................2 SummaryOutcomes...................................................................................................................................................................3 CanopyTrends and Expansion Goal......................................................................................................................................4 CANOPYASSESSMENT......................................................................................................................................................................5 Introduction...................................................................................................................................................................................5 How the Urban Forest Benefits Boynton Beach................................................................................................................6 Reducing Stormwater Runoff and Filtering Pollutants..........................................................................................6 AirQuality and Surface Heating....................................................................................................................................8 SocialValues..........................................................................................................................................................................9 Increasing Property Values and Sales..........................................................................................................................9 CURRENT AND POTENTIAL CANOPY AND ECOSYSTEM SERVICES MODELING.............................................................10 Methods..........................................................................................................................................................................................10 DeterminingPlantable Acreage....................................................................................................................................11 MAPSAND FINDINGS.........................................................................................................................................................................13 CityLand Cover and Tree Canopy..........................................................................................................................................14 PotentialPlanting Areas............................................................................................................................................................15 StreetTree Coverage...................................................................................................................................................................16 CityPark Canopy..........................................................................................................................................................................17 CALCULATING BENEFITS TREES PROVIDE...................................................................................................................................19 StormwaterUptake.....................................................................................................................................................................19 AirQuality.......................................................................................................................................................................................23 URBAN TREE LOSS-REVERSING THE TREND.............................................................................................................................24 ADownward Trend......................................................................................................................................................................24 IncreasingCanopy Cover..........................................................................................................................................................25 Recommendations-Next Steps............................................................................................................................................28 APPENDIXES..........................................................................................................................................................................................30 AppendixA:Land Cover Analysis Methods........................................................................................................................30 Appendix B:Trees and Stormwater Calculator..................................................................................................................32 AppendixC:Bibliography.........................................................................................................................................................34 Page 309 of 431 \ t 4 U 4 l 5" This tree canopy assessment was funded by the City of Boynton Beach(City),Florida.The City contracted with the nonprofit Green Infrastructure Center to evaluate the extent of the City's tree canopy and plantable areas, and to determine the environmental benefits the trees provide. The City is designated as a"Tree City USA"by the Arbor Day Foundation in recognition of its 35-year commitment to caring for its urban trees.This assessment provides data to help the City track its tree canopy and create strategies to expand it. This assessment supports the City's vision of creating "a greener Boynton Beach by enhancing the tree canopy and native plant and wildlife communities,"as articulated in the 2020 Climate Action Plan(CAP). The CAP identifies Urban Forestry(Strategy C-1.5) as a priority to reduce community-wide greenhouse gas emissions,while achieving co-benefits of public health,economic development, ecosystem protection, and climate resilience. This assessment supports CAP goals by providing data for the City's tree canopy location and opportunities to expand or conserve tree cover. The City of Boynton Beach can use the results of this tree canopy assessment to: Document the environmental and social benefits the City's trees provide Determine the most strategic locations to either retain or plant trees for environmental benefits Provide baseline data to track progress toward achieving a tree canopy goal of 20%by 2035 Provide data to inform management of the City's urban forest and to support investments in tree care and planting Contribute to meeting the goals and targets established by the Climate Action Plan and other City plans and programs n x v s !•, r t Page 310 of'' 31 u�t � I F " �� The City's trees and other vegetation serve as the"green infrastructure." I� (� '' - ('" �� 1 ' �� ( �� (` 'fig Just as we manage our grey infrastructure(roads,sidewalks,bridges Trees are declining throughout the southern United States.Causes for and pipes),we also need to manage this green infrastructure.Green this decline arise from multiple sources,including land conversion for infrastructure provides many values that support a vibrant,safe and development,storm damage,hurricanes,and lack of tree replacement healthful city.Trees add to the City's historic coastal character,and as older trees die.Communities in Palm Beach County are beginning they enhance its livability by filtering stormwater and reducing runoff, to map their tree canopies and establish goals to expand canopy.This cooling streets,cleaning the air,capturing carbon emissions,and report provides the City of Boynton Beach with a baseline set of data to increasing property values.As the City of Boynton Beach grows and support its commitment to a citywide tree canopy goal,monitor canopy redevelops,it will continue to manage and expand its urban forest protection progress,measure environmental benefits of city trees,and in order to maintain a livable city and achieve its vision of being"a prioritize restoration of canopy where it is most needed. regional and national leader in sustainability." 1\g ) [ r 1i It rlt t r;'i i1 rr i F, }t ,r S � MAN 4 trlj fit01 r c c t<�s { 1 c u1 k'. [ ,,' tis t k �t . It — � i, rI s 11. I It 1 a t p , � # s 1, t 1 �IN- m ter` !� IS o fi v� $" tri f�c �i� 'Sr a SSS+ nIr cit ` I� a ;14 r t .� I 4 t 4_:4 iit i, for n F, cY rL r iiiNf pp tc t �t f X at 4 e t iF F, �1� The image on the left shows The City of Boynton Beach's gray infrastructure,including buildings and roads. Classified high-resolution satellite imagery(image on the right)adds the City's green infrastructure data layer(trees and other vegetation). This green infrastructure provides cleaner air and water,energy savings,and natural beauty. �11 67 � 1 _ _ U t� � gym`-nP• r v % r, { t! .1 Page 311 of 431 F ; S SS{{ a ' 4 I �t ..`i1�u, ���� �}(--r> uC��; �h n� ✓ts ,ih ,�Y��,� � � zk ajEft�"��i141 _ aj� I r 4 °.Y ,v r �lr �l ; l-ltk ,,t't,v ', ,tzr �lny , Heat Island �` Excessive pavement and lack of canopy shade lead to increased Canopy temperatures,forming urban heat islands.In Boynton Beach,higher The City of Boynton Beach has a tree canopy(including mangroves and temperatures and lower tree canopy were found in lower income palm trees)that covers 16.1%of its total land acreage. Sixteen percent neighborhoods and those with higher percentages of African Americans tree canopy is fairly typical for a developed , and Hispanics.Adding canopy urban area,but is lower than neighboring trees can reduce household cities in Palm Beach County.This cooling costs by up to 28% assessment found that 7.4%of the City's (Peper et al 2010),increasing land area could be planted with additional4 equity across our communities. trees,providing many benefits to residents ,a „., •� , and visitors.These benefits,or ecosystem - Storcnwater Uptake u services,include better air and water quality, - "A " r ��,, City's trees mitigate cooler temperatures,and stormwater uptake. stormwater runoff impacts as they capture rainfall in their Aix quality canopies,trunks,roots,and Trees play a critical role in providing oxygen surrounding soils.This means and cleaning the air of pollutants that can harm human health.Trees also less flooding of streets and less pollution of surface and ground waters. help to mitigate climate change by capturing carbon dioxide(CO,)from During a typical two-inch rainfall event,the trees in Boynton Beach: the atmosphere and storing carbon in their leaves,trunks,and roots. •Soak up 11.3 million gallons of water Each year,the trees in Boynton Beach remove more than 14.6 million pounds of CO„70,331 pounds of ground level ozone(O),and 19,960 •Reduce runoff pollution by 3%for nitrogen,5%for phosphorus and pounds of particulate matter from the air. s 6%for sediment. 7q ND .' }i11F�r��it���t 4}��}1ta���Us��K?xtj�Iit�I lli�Iit Ij 1,,,\i��tkit\Jar F; tsltf t,ta;,SlF�.;Itf,t F 4tY��7.➢H{s f{l rt r,w ir,4i '1?a%4�ti,�'kiG��tr.>�....5`ii0,i�t§ 4 t i t 1 t Page 312 0 '431 .,v a i c�� 4)�t � II e l c,,1�� TOW N+ Te of r IP"Campy r�r � u ,,�i no a nII ( G ` ,l ll 10,552 1,577 16119 5,042 $1,618' Z1651 � � 27,1.E Maintaining canopy,while keeping up with losses q as older trees age and die,are lost to storms,or BOY NT are cleared for development,will require the City r"i"i'?d"i"', w to plant trees continually.As the City develops,it 4 will be important to maintain existing coverage t tt0 s E �t '` 101 and plant replacement o overcome losses. °,k is t p r � ,art , p p � �t li i Based on analysis of change in City canopy over 4� two years(2017-19),the City lost 1%of its tree x 4 b '�t i , io MI, canopy,equal to about 900 trees each year.If thisNg , � t Ac t �fii$sd r> it '" i_�� s tsysl trend continued,the City's canopy coverage would decline.Concerted action to plant more trees and reduce removals of health trees is needed.In other y r2 words,just to maintain canopy,the City will need i E t0 increase its level Oflantin t "h s " sit p ga m� ! t Based on results of this assessment,the Green t �( e�t� �1� i ' Infrastructure Center and the Sustainability Coordinator recommend that the City of Boynton `t }Vt r ITL Beach commit to a tree canopy goal of 20% r coverage by the year 2035.The City's current Citi i,,t rt .^d�r'� i� 8E tree canopy coverage(including palms)is 16.1%. tv l r; 4 Increasing the canopy by 4%will entail planting — M ii}� .. Y t 1 approximately 30%of the City's Potential Planting N ^ k4 } Area,or about 392 acres of additional canopy. , ��, s` `ff VT s E t 111 t'o - ft t t , } Al � t1',%K, Tree CafioPy af�d tiddtlof'..3l PC1tt mlal t�q s }� �• i v Lake ich L,ke C ID cne L_+e Ivuffiint acnicn Wet Roma' 6� i _wI.e t7 __Cancpr EAdd t cna hc�-L,e7C E The City of Boynton Beach has plenty of room to plant additional trees. More trees equate to better air quality,shade and energy savings, greenhouse gas reduction,stormwater uptake,and improved water quality too! Page 313 of 431 f 1 � f}� i1, Ee� I,i� w 1 n �II { r�ii �is t���a,�»} ,U��q ����t�.z�ii � ij� ������ ` tr}r�+ 1:F}tt$ Boynton Beach is a 16.5 square-mile coastal community in southeastern 0 Palm Beach County,Florida,and is the third largest city in Palm Beach County,with an estimated 2019 population of 77,696.The City's racially and ethnically diverse population includes 62.4%non-Hispanic Whites,31.7%Black/African Americans,and 15.8%Latino residents'. The City,often called the"Gateway to the Gulfstream,"adjoins four miles of the Intracoastal Waterway,including one of the county's four ocean inlets.Boynton Beach's mission is to be"a vibrant and sustainable community that provides exceptional services"and its £ vision is"to be a welcoming and progressive coastal community that celebrates culture,innovation,and business development."With 253 acres of municipal parks,beach and conservation lands,the City is rich in natural amenities that contribute to its high-quality lifestyle that includes plenty of opportunities to enjoy the abundant water views and aquatic sports. Assessing and enhancing the City's tree canopy supports the goals of a number of City plans and policies: This report describes the City's current canopy coverage,as well as • Climate Action Plan the canopy assessment method utilized for the analysis of the canopy's • Strategic Plan environmental benefits,and the City's strategies to sustain and expand • Comprehensive Plan the urban forest.These products have been created: • Community Redevelopment Plan •Analysis of the current extent of the urban forest through high- • Complete Streets Policy resolution tree canopy mapping •Potential Planting Area analysis to determine where additional trees ' Greenways,Blueways,and Trails Plan could be planted • Vision Zero Resolution •A calculation of the environmental benefits and pollution removal by • Sustainable Development Standards the City's tree canopy • Climate Change Vulnerability Assessment •National Flood Insurance Program's Community Rating System •Downtown Stormwater Master Plan Additional benefits of improved canopy. •National Pollutant Discharge Elimination System Stormwater The City can utilize its tree canopy to maximize many environmental and social benefits: I A healthful and vibrant community � a Aesthetic values and natural beauty Decreased urban heat island and reduced heating and cooling costs Bird and wildlife habitat Walkability and multimodal transportation Revenue from tourism and retail sales f rt. One of the City's many beautiful trees https://www.census.gov/quickfacts/boyntonbeachcityflorida provides shade for sidewalks and playground. Page 314 of 431 How ', ih e U a R4c)l Benef its Boynton Beac[�i ir The trees of Boynton Beach benefit the City in myriad ways: ecological,economic and social.This assessment allows the City to measure some of those benefits,and to increase them by planting more trees. Reducing Stormwater Runoff 1111 WIT and Filtering Pollutants ,1 Trees protect cities from problems associated with stormwater runoff.As forested land is converted to impervious surfaces, runoff increases.Excess stormwater runoff can cause of 1,4 k4 I rr temperature spikes in receiving waters,increased pollution of surface and ground waters,and greater potential for flooding. 1-z A�n # rruA Trees reduce nitrogen,phosphorus,and sediment in stormwater runoff by cleaning rainfall of these pollutants. Increased loads of nutrients reduce oxygen in surface water, causing harm to fish and other aquatic life.The presence of trees means fewer pollutants reach drainage canals,the ........ ....... res Intracoastal Waterway,and the ocean. ... �V�# Runoff increases as land is developed. In a typical two-inch rainfall Data Source Federal Stream Corridor Restoration Handbook(1998) in Boynton Beach, its trees take up 11.3 million gallons of runoff, or about 16.5 Olympic swimming pools of water! The average annual precipitation in Boynton Beach is 61.3 inches(15 5 cm),much of which currently runs off into canals and then to the Atlantic Ocean,conveying surface pollutants from the land.Large paved areas contribute significant volumes to this runoff.While some of that runoff The City's best management practices include planting trees in is treated through stormwater management features,such as stormwater swales to increase the amount of pollutants removed, the bioswale at right,much of the city's landscape predates while also providing habitat for birds and amphibians. requirements for stormwater management. During a one-inch rainfall event,one acre of pavement,such as a retail parking lot,will release 27,000 gallons of runoff. Compare this to an acre of forest,where only 750 gallons of water run off.In sandy soils,the infiltration rate is much higher!While stormwater ponds and other best management practices are designed to mimic rainfall release by detaining and filtering runoff,they do not fully replicate pre- development hydrology.In addition,older parts of the City may lack stormwater management practices that are required for new developments,so not all runoff is captured or treated Excess impervious areas cause hot temperatures and runoff. before it flows into open waterways. This parking lot could be retrofitted to add more trees. Page 315 of 431 .t "f Buffering Storms and Flooding Another benefit of conserving trees and forests is buffering r� against storms and losses from flooding.According to the U.S. , Environmental Protection Agency(EPA),excessive stormwater runoff accounts for more than half of the pollution in the nation'sT. ` surface waters and causes increased flooding and property damages, r as well as public safety hazards.The EPA recommends a number of ways to use trees to manage stormwater in its book Stormwater to Street Trees. Retaining trees and forests along coasts provides a wind break and helps evaporate and reduce standing water.In addition,utilizing trees as green infrastructure provides a basis for reimbursement ,} from FEMA for storm-damaged trees.To qualify,trees must be -'-" inventoried and specifically utilized for stormwater management, buffers or other"green infrastructure"functions. Mangroves prevent coastal erosion and provide a buffer against wind. The City of Boynton Beach participates in the National Flood Additionally,communities can earn credit for adopted management Insurance Program's Community Rating System(CRS).The CRS plans that protect the critical natural functions of floodplains and is a voluntary incentive system that allows local governments to native species,while implementing habitat restoration projects. earn flood insurance premium discounts for policyholders in the CRS requirements include an inventory of all species in the plan's community.Local governments receive points,both for actions and geographic purview,action items for protecting species of interest, for policies that reduce flooding and flood damage,these points earn restoring natural floodplain functions,and the review and update of premium discounts as high as 45%.The City of Boynton Beach is the plan every 5 years.This report's data can also be used to create currently rated as Class 6 in the CRS program,earning its residents a citywide Green Infrastructure Plan.Such a plan can be applied to and businesses a 20%premium reduction in insurance rates within the City's point reduction credits in the CRS to further lower flood its special flood hazard areas.2 insurance premiums. Since trees filter stormwater and reduce overall flows,planting or conserving trees is a natural way to mitigate stormwater.Each tree plays an important role in stormwater management.Based on the GIC's „ review of canopy rainfall interception studies,a typical street tree's crown can intercept between 760 and 3,000 gallons of water per year, depending on the species and age.In a typical two-inch rainfall in Boynton Beach,its trees take up 11.3 million gallons of runoff,or about 16.5 Olympic swimming pools of water.In a larger rainfall event(5 inches of rain)the trees take up 13.3 million gallons! As tree cover is lost and impervious areas expand,excessive urban runoff results in pollutants,such as oils,metals,lawn chemicals(e.g., fertilizer and herbicides),pet waste,trash,and other contaminants reaching surface waters.Trees help capture and filter that urban runoff. « The GIC's stormwater model for Boynton Beach shows that,during a typical two-inch rainfall event,the City's trees capture: • 4,798 lbs.of nitrogen kds W k, • 378 lbs.of phosphorus . • 591 lbs.of sediment Nitrogen and phosphorus are plant nutrients that cause harmful algal .` blooms,while sediment can clog fish gills,smother aquatic life,and }'ja{4ry necessitate additional dredging of canals and waterways.Algal blooms can also reduce oxygen levels,further harming fish and other aquatic life. '� S1rr 2 2019 City of Boynton Beach Repetitive Loss Area Analysis Page 316 of 431 Air Quality and Surface Heating rF Trees Cool the City � z During Florida's hot summers,more shade is always appreciated. Excessive heat can lead to heat stress,which especially affects infants and children up to four years of age,those 65 years of age and older, those with obesity issues,and those on certain medications(CDC 2020). Tree cover shades streets,sidewalks,parking lots,and homes,making southern urban locations cooler and more pleasant for walking or biking.Multiple studies have found significant cooling(2-7°F)and energy savings from having shade trees in cities(McPherson et al 1997, Hashed et al 2001). Shaded pavement also has a longer lifespan,so maintenance costs associated with roadways and sidewalks are less(McPherson and �r�h Muchnick 2005). ;Y� Boynton Beach BOY TON ter i H $ f tam aiujfel y 3 , i £ a f,�(fl ;��it1f yF tlr v p 4t N, It w �� u�rlucs Tim �tm na �i s ii S° �� �4 aAPH ls, tib] r u —, {ILI r r � �v }4 ��`fl r INAI . r jf ':� 11` is�ul�itY'fi�r i} i r J ,.� s�wx P`t IrUAi �fteli rr7�t r. s (f g41tiR't � 4� r �,yr si f �} h- NO (( rr Hot areas of the city are also those with the lowest tree canopy. This map shows temperatures in April. Mu Page 317 of 431 I lm rvlous and Tree C er with Average Surfa ct Temperat,r Ely Census Sleck Geoup 1CUG 100% s �f 90 80%. 7 70 60 � 70: 6 40 „ 606 30%. 6 h G 1 1l1' `�A Y ��� � kd 6 int Trees are positively correlated with reductions in surface temperatures. Well-treed areas encourage people to walk and bike. Trees Clean the Air Trees Improve Walkability In addition to cooling surfaces,trees absorb volatile organic compounds Trees cause people to walk more and walk farther.This is because, and particulate matter from the air,improving air quality,and thereby when trees are not present,distances are perceived to be longer, reducing asthma rates.Trees also clean the air of ground level ozone hotter,less pleasant,and destinations farther away,making people (03),which can harm human health.Trees sequester carbon which less inclined to walk than if streets are well treed(Tilt,Unfried and forms greenhouse gases such as sulphur dioxide and carbon dioxide, Roca 2007). which contribute to a warming planet.By storing carbon and preventing its release,trees mitigate the impacts of climate change.Even at the Increasing Property Values and Sales neighborhood level,trees reduce pollutants.Well-treed neighborhoods suffer less respiratory illnesses,such as asthma(Rao et a12014). Developments that include green space or natural areas in their plans sell homes faster and for higher profits than those that take the more traditional approach of building over an entire Social Valuestake without providing community green space(Benedict and Trees Improve Cognitive Function McMahon 2006). Children who suffer from Attention Deficit Hyperactivity Disorder (ADHD)benefit from living near forests and other natural areas.One A study by the National Association of Realtors found that 57 study showed that children who moved closer to green areas have better percent of voters surveyed were more likely to purchase a home and improved cognitive function after the move,regardless of level of near green space,while 50 percent were more willing to pay 10 affluence(Wells 2000).Thus,communities with greener landscapes percent more for a home located near a park or other protected benefit children and reduce ADHD symptoms.Exposure to green spaces area.Fruit trees also add value for citizens who appreciate them for 20 minutes a day can also improve cognitive function—so providing for their nourishment and cultural significance. natural areas on or near school grounds as well as greening routes to school can better prepare children to learn. Nature Sells— Market prices for treed lots versus untreed lots: r r r Building lots with substantial Tree-covered Lots bordering suburban Open land mature tree cover undeveloped acreage wooded preserves that is two-thirds wooded Source:Kathleen Wolf, 2007,City Trees and Property Values. `t t Page 318 of 431 �� i 1�( )` land covers in Boynton Beach.Two canopy maps were created using In order to determine the current tree canopy,model scenarios for future NAIP imagery data—one from 2017 data and one from 2019 data. tree coverage,and quantify their ecosystem services,a highly detailed Additional data sets from the City of Boynton Beach,the National land cover analysis and an estimate of potential future planting areas Wetlands Inventory,and the National Hydrography Dataset were used was developed(see Appendix A for details).In addition to urban forest to classify the following: planning,this new land cover data can be used for other purposes,such 1)Tree canopy(including trees,palms,and mangroves). as to analyze urban cooling,walkability,and street tree plantings;or to 2)Wetlands that are indistinguishable using spectral/feature-based inform area plans and the City's Comprehensive Plan. image classification tools. Satellite imagery from the National Agricultural Imagery Program 3)Forested open space(compact,continuous tree canopy greater than (NAIP)distributed by the USDA Farm Service Agency was classified one acre)not intersected by buildings or paved surfaces. based on 4 infrared bands to determine the types and extent of different Palm Tres Costs Versus Benefits Palm trees are a signature aesthetic element of Palm Beach in a net annual loss of$26 per tree.Compare that to a large live County and its cities and towns.Technically,though,palms are oak in a yard 20 years after planting,for which the total value of more similar to grasses than they are to conifers and hardwood environmental benefits alone($80)is five times the total annual trees.Palms and grasses are both monocots—plants whose seeds cost($16)(Peper et al 2010). contain only one leaf.Palms are in the Arecaceae botanical family of perennial flowering plants in the monocot orderArecales.Palm One reason palm trees are so expensive to maintain compared to growth forms include climbers,shrubs,stemless and tree-like typical trees,is that many palms in Florida are"non-self-cleaning." plants.Those with a tree-like form are colloquially called"palm These palms require that every leaf produced be manually trees."Larger palm trees function like trees in providing some removed.Fallen palm fronds do not biodegrade into turf and soil shade,cooling,wildlife habitat,carbon sequestration and air as do the leaves of many broadleaf tree species.Palms also require pollution removal.Although palms take up some stormwater,due more nutrients than any cultivated plant in Florida.To grow to their shallow root structure,skinny trunks and narrow,thin well and develop fully,palm trees require routine treatment with canopy,they do not match the abilities of a native hardwood tree, expensive palm fertilizers(Broschat 2010a). such as a live oak,for ecosystem benefits. As a key aesthetic element of Palm Beach County,palm trees Although"palm trees"are ubiquitous to Florida,they are are here to stay.But when looking to realize the benefits of an expensive to maintain as a street"tree." In a study of Central abundant tree canopy for shade,stormwater,air quality and health, Florida,the US Forest Service found that palm trees can be the City of Boynton Beach should consider planting more large ,'very expensive to plant and maintain."Research shows that shade trees—both to save on costs and to realize the true benefits annual benefits and expenditures for a typical palm used as a of large,native trees. street tree(cabal palm)were$4 and$30,respectively,resulting The annual benefits The environmental of a typical street �Y` � � , �� , �M benefits of a Targe palm yrs the � d v.t, � � _` lure oak in a yard expenditures r s 20 years after result in a net planting,, is five annual loss of times ta total $26 per tree. annual cost. Cost $30 $4 Benefit Cost ,11,111, $80 Benefit f ' Page 319 of 431 Tree canopy included woody vegetation analysis performed did not utilize height data over 10 feet in height.LiDAR and thus the canopy results likely include (light detection and ranging)data were used to �" Si�� a large percentage of shrubs and other ��r� R determine vegetation height,to distinguish " .- low-lying vegetation that are not actually between large shrubs versus trees.This ��� �tiaA trees.Adding in shrubs and other lower allows the GIS analyst to separate bushes ` � vegetation to The City of Boynton Beach's from trees and other vegetation.This canopy calculation yields a canopy coverage distinction of tree/non-tree vegetation t, percent similar to that for Delray Beach.In is very important when modeling tree - `` { ��' West Palm Beach,areas around the Grassy benefits since the modeled pollution- P Waters Preserve had higher tree canopies, removal benefits are based on trees,and , �.SI while several downtown neighborhoods do not necessarily translate to smaller, ` I� "'� �!' have similar canopy percentages to Boynton t' non-woody vegetation. 'l Beach. Because Boynton Beach is asub-tropical Due to these differences in methods -. city, palm trees make up part of the City's - - , j and landscapes,comparisons between canopy.Technically,though,palms are jurisdictions may not be useful.The City of more similar to grasses than they are to NAIP Aerial Image November 2019 Boynton Beach is best served by focusing on trees.This means that,while palm trees ,, its own goal to expand and better manage its provide some shade,they have shallow, urban areas with respect to tree coverage. fibrous roots that do not absorb as much n water or filter pollutants the same way , as a mature tree.So,while tall palms Determining were included in the canopy coverage rt� �rr�r Plantable Acreage calculations for the City,they were �� k r,t separated out,as much as practicable, Potential Planting Areas when calculatingpollution removal values. p ) . - In urban areas,realistic goals for expanding For more see box on Palm Tree Costs urban canopy depend on an accurate Versus Benefits. ' t ,�� )� assessment of plantable open acreage.A Potential Planting Area(PPA)map estimates Mangroves behave similarly to wetlands, �" ;i � areas where it may be feasible to plant trees. as some are in hydric/clay soils.Since they ', `" �F�, _ + '� (' The PPA is estimated by selecting those land { make up a dense part of some of the City's ih cover features that have space available for canopy along the intracoastal waterway, ' F planting trees and accounts for the overlap they were included in canopy calculations. of canopy(i.e.,canopy that is intermingled Potential Planting Area(PPA)shown in orange or a large canopy tree that partially covers Cities often want to know how they an understory tree).Based on an analysis compare to their neighbors.Following is a short discussion of of existing pervious surfaces,7.4%of the City's land area could be differences in comparing the City of Boynton Beach to other local planted with additional trees. cities.There are some key distinctions in how tree canopy data were analyzed between jurisdictions.In the City of Delray Beach,the Of the nine land cover classes mapped,only pervious and turf were considered for the PPA.However,some paved areas could be removed or reduced,soils conditioned,and then used to plant new canopy.For La d Cc a(r 13 y 1 u 3 sd i c i'0 i � example,parts of a parking lot could be removed and planted with trees to absorb and clean stormwater Eligible planting areas are also limited by their proximity to features that interfere with a tree's natural growth(such as buildings)or where a tree might affect the feature,such as power lines,sidewalks or roads. Ni City staff and the GIC reviewed the draft PPA map and removed playing fields,cemeteries and other known land uses,such as drainage canals, `' that would be inappropriate for planting trees.The resulting PPA "IN " represents the maximum potential places trees can be planted and grow 01 to full size.The GIC recommends no more than half the available PPA is realistic to plant,since many other uses,such as tomato gardens or 14 Vt h Ki sunbathing by the pool,require full sun where shade is not desired. 3 Li DAR is Light Detection and Ranging.It is a remote sensing method that uses light in the form of a pulsed laser to measure ranges(variable distances)to the Earth.The shorter the return interval,the taller the item. 4 Koppen classification system. Page 320 o '431 FRI A —j- It i J `8 I +. s R � ul Potential Planting Spots(PPS) Potential Canopy Area(PCA) Potential Planting Spots Potential Canopy Area Potential Planting Spots(PPS)are created from the PPA.A GIS The Potential Canopy Area(PCA)is created from the PPS.Once modeling process is applied to select spots where a tree can be planted, potential planting spots are selected,a buffer around each point is depending on the desired mature size.For this analysis,expected sizes created to represent the mature canopy spread.For this analysis, of 20 ft.and 40 ft.diameter for individual mature canopy trees were that buffer radius is either 10 ft.or 20 ft.which represents a 20 ft.or used,with priority given to 40 ft.diameter trees,since larger trees 40 ft.diameter canopy.These individual tree canopies are then merged provide more benefits. together to form a Potential Canopy Area.The potential canopy area shows that 12.75%more canopy could be added to the City. Percent Street Trees is calculated using the Land Cover Tree Canopy and road centerlines,which are buffered to 50 ft.from each road segment's centerline.The percent value represented is the percentage of tree cover within that 50 ft.buffer. '41 r m s r „ , "a�c P H P ;1 � I There are many places where new trees can be planted in the City. Page 321 of 431 z P? P( t �mww' `Y Ir e a s 11o II An a ll y s i s The canopy data and the Potential Planting Area Map can inform tree planting decisions �� to meet many goals,such as walkability,greenhouse gas emission reduction,energy The Tree Canopy Map will be used to plan for tree savings,urban heat island reduction,and economic revitalization. conservation and as a benchmark to gauge future progress in tree canopy gains.An ArcGIS geodatabase with all GIS shape files produced during the study was provided to the City. nt Seach Percent Lan,d Cover Citywide forest cover is 16.1%. Bare Earth, OA% Tree(at-ropy, � s�tr�t�'>,��tlt — In addition,the City requested statistics for canopy in i ��6in���r :�'���1� 1 i the following areas: i t+�l SS It �i) SY£1 ((I it�iil iiSilr Ut i��iiti Itt 1�-)Y Slrjl)t(ti�it�S i1 i� S it_t7i�!1 �ut • Census tracts and blockrou st,,}1i41tt1�11tt,t�'t�IlS�)I�t���1�i,t�i��i�1}��'t g p Q�tt 1 �sltii£t�t�1s)t�fit f 11'tttl.�£ I u ii,�s�1� iiS�� � '�. Parcels Parks i(t Yi 4(Sist rit `�}�1t431�� till • Schools 11141) r'., i�(t itt� -�y1��t il�t St tii1�1fi� l til }Sy�t2 3 •llOWntOWn Community Redevelopment Agency(CRA)districts • Streets �ut't',,�t�, -- C, •Watersheds u Um Miature trH^ can absorb thousands of gallons of watter per year. „ w z �� h a e , i. Page 322t'0 '431 (L int, L a n d o v e Ir a n�,,1111 T-1 e e C a n o Total Area, Tree Canopy 1 Tree Canopy trnperwious ImperAous Grass/Open Space Grasslopen5pace PA ............... ........... 10ISS2 1,577 16.19 5,042 51-6.8% 2,651 27.1.1% 0.1% 16.1% 86YNT-ON qa ;C 7 d 27.1%, 1 .........."I J, —j 1", 7711 te M . . r...,....... ...... A 1", ')V 4�, 3SM, k j, g ¢J�' RMAV7 , SM Orr, MIN -Ik,l M Al S' k 11 Wa 7- A Rk R N A, % 4, 4 1* I.,vM6 Z Ol" ... ......... True Gar vqdy -,N p J Per-aws F Z rf, Bare ea-111 amo Sug 542, , Net !"A"��Iv,, " PIN W Mile! 2,A y fpr 20 I"MR,14 7u– V F ;Y "N I X�I "I ...r& Miles This map shows the tree canopy for the City of Boynton Beach;it covers 16.1%of the total area. A"IA, Page 323 of 431 r�'P lI a II ti n g AII e a A; Boy NTONPotential ,5 '� 1 r Pleating 77 Area 14, a I � f1 ass ��s 55 }5 ass rtE r 1 m Qisis?S1S�i ' � ) t rf 4e , 'i asill¢;i\r 4 r ss xr { IG df 5ir ,i~'; ,yIli ��t tiu �)tr sltl a' E' 5 r i fd}isi}1 EST w. �s si° Q l f� r 5 5 4F;?1o r Or E } E'��4�'dkx�.�_ fMK9 ss� �1, IN 1 yy�"�0�, f k d "'4 i`l sig esu i+ ", R � t �1 t "MR a 5 1 r B(5yrjon BC ass ri E f 6 { snwakssl n 17 WN W� l F rd,n �'` O, vx (,Ph o- Iuln Nra s 4 crlprr 1Fx _�J� { „� 5'PracP 7 o!-un[malne Pnoqmn,. IUh, { �.,v grxs rss t 11; r 54 1' Iti 1, _., rs� r vasa.t✓w7a1 - ti g =€ - ' P r �s +F 4� —VIX PSE r o Al ' 4 ' rr s ,s{t1 }tr1�����j75V`��} yeti ��Visls, It 1 'g s i�@ 5 t k q t t �' } ssi�;,i �' rs 5 t< a �s P f r d fl r,;lV ""0 f� E m �,. �{ !��YS, i"C t E IIE�t�s4 a 5` f 6 Y p t l�at�� :i'E1 s ., to�lTq �f��i,—a as ids 1 _ This map was pfepaffed by theAreen Wrastru=cture Cantu The Potential Planting Area(PPA),shown here in orange,depicts areas where it may be possible to plant trees. All sites would need to be confirmed in the field,and may be on either private or public lands. Page 324 of'431 "',"',1tireelt Tree Covell-age erg s . rB�6NTON .. Boynton Beach H — Percent Street Does tf '��1 e }js s it Pu�rce�E77aaarvaPtraiA�lry "._moi - _ sa It of road cauAtmn m ,= 95 �a a t 3 20% ( l _ 50 s%.10a, �+�.:.: ,.� „� { �,� �tl�itt�l��r'}7�I!37}I)�t l I I•)r td j r tl�3�!+1 }�ti }} {� Denvev Park, 66.2% z �° �' � °"„�«�` � �� �1��4�4�11���1+I����Illlllllllll�������lllllllllll(III111111111111�uiVlllf�l��l�»»rillflllllllllllll�llll��ill11111111111�1�7��1���������������I ” iii!�z��F,��'���'t'{{��`It'��ziJllhll'1�9911919�Q��I _ Dern nAration Gaedens 54.2 e . r Aaixx lftwxarwalNA(dward l MunmrtioV 9 k r h}i Rartrn G,mPnwny Park 48.0� Kiavnn1Vgie,m Park .. 41.t% F. u�`�9G, iFF � CoerKf,aaAwa sitxrp rr'a•eNrek .. _ ,<VMM� Kam Fart: .9lG ' ­p F°org'm HNIP�Amk U0% Fart .0% PalrFr€g11or,reO.nS lj itai P&A 10.9% The Street Trees Map shows those streets that have the most canopy(dark green)and those that "�M" Wpert have the least(red).Streets that lack good coverage can be targeted for planting to facilitate Hihheu%Pa?k 11A% kmmLq W&part specific City goals,such as safe routes to school or beautifying a shopping district. rc1F.0 4 Parte fir. Io�tea��r p,ta(P4trk 7 . I 19,13 SchcKWhouw Museum&kidsDvOmI.% 5,i,aSirn%Parat - - - - Iu3 3r i Bc WThoakn fart 14.2.%- '` Harm", J.Oyer Jr.Park X1.1 Mcadows t fart Tdc JDA% {;aiaxY Polk Kautka Part SAC &4% Wikon€d,,k t.9 Sari si (Xmwamry ., ., .. 6,1%. Pioneer Camai ParIsovle, Pence,Park, tiara tial Park - - :P-7% Caowder,Park O.A% _ - - s ewe Ck�stardd RRvrk. �{., Page 325 of 431 C CA I k, Boynton Beach rB"OYNTO,N Parks Meadows Boynton Lakes Percent Tree Canopy Park.. 31% Park- 20.9% Nautica Park Site: 9A% Meadows I Park Site. 10.4% Harvey Oyer Jr., Park 1 .1% Quantum Park Site. 60.80% Kn ol Iwo6d Intracoastal Park: 20.4% Park.. 38.'9% ll Hester Jr. KiwanislSier .\ra Eze Park. 41.1 Community Park- 20.7 % Wilson Park- 7.8% ; Palm ttto Greens Linear Park.. 12.3% Palmetto reen )0�4, Pioneer Canal Park, 611/6 Linear Park: Barton Comet". 42.5% Sara Sims Park: 16.8%, Crowdor Park. 0.30% 1,C emetery: 6.1% Barton Greenway Park: 48% E, Demonstration -Laurel Hills Park.. 21.2% Gardens: 54.2% Galaxy Park, 9,9% Dewey Veterans Memorial Park. 25.9% Park. 66.2% Parks(% TC) Hibiscus Park: 23.8% 5% 1913 SCHOOLHOUSE MUSEUM Pence 51%. 10% & KID'S KINGDOM. 18.2% Park: 3 10-1%- .1% Arbor Memorial Park 15-1%-251i% Edward F Harmening. 51.6% 2,5 •50% ,"\�.gg31," Boynton Beach m > Little League Park., 5�9%' Me ' orial Park: 2.7% City Troe Ca nopy. 16,1 Jaycee Park: 40.5% 0 0,5 1 J Forest Hill Park, 322% Betty Thomas Park: Congress Avenue Barrier Free Park: 39,5% - - - - -- - NTON 8 E A C ff Thin,map was prepared by the Green Infiaseiructure Cenler t is Page 326 of 431 1-,c,n,0011 Canolpy Covell-age -C!7y OF- Boynton Beach ]BOYNTON E FREEDOM SHORES Schools Percent Trym' A C H ELEMENTARY SCHOOL: 14.4% LAKE-WORTH CHRISTIAN J IMAGE CHARTER SCHOOL. 10.8% SCHOOL: 7.6% 11CITIRUS COVE ROLLING GREEN i E LE M E NTA RY ELEMENTARY SCHOOL: 16,2% SCHOOL., 6% 7 SOUTH TECH P R E PATORY ACAD EMY,27% M�An�, UANTUM HIGH SCHOOL, 27%___. Su R& BOYNTON BEA C H 'COMMUNITY HIGH SCHOOL: 7.6% POINCIAN . ....... ELEMENT SCHOOL,., 4.AA GALAXY E3 ELEMENTARY SCHOOL� 511/6 , ST MARKS CATHOLIC: 56.11% Schools TC) CONGRESS J 5a F MIDDLE, SCHOOL. 6.3% FORESTPARK 151%-25% ELEMENTARY 25.1%-50% SCHOOL: 14.1% Ci'y Tree. Canopy: 16.1% CROS POINTE 0 135 1 Mite's ELEMENTARY SOUTH TECH SCHOOL: 8% ACADEMY HIGH SCHOOL: 17,2% SOUTH TECH ACADEMY MIDDLE SCHOOL: 3.7% ST JOESP,H!'S EP.IOI PAL: 10'.6% This map was prepared by Vie Green Infrastructum Center Planting at school sites can save buildings'energy costs and provide a boost to learning,since exposure to trees increases cognitive abilities. Page 327 of 431 Trees and forests are the best land cover for taking up urban stormwater.Stormwater runoff and uptake by the City's tree canopy was evaluated using GIC's Trees and Stormwater Calculator (TSC)Tool.This tool estimates the capture of precipitation by tree canopies and the resulting reductions in runoff yield.It takes into account ��qa the interaction of land cover and soil hydrologic conditions.It can also be used to run`what-if' scenarios,specifically losses of tree canopy fromral " development or storms,and increases in tree ,"' canopy from tree planting programs. �� y� f Trees intercept,take up,and slow the rate of Y stormwater runoff.Canopy interception varies � a`�'i`�x Ii '"`1�(i"'°c"� ,, from 100%at the beginning of a rainfall event to about 3%at maximum rain intensity.Trees ` Boynton Beach take up more water early on during storm events NTON vWatersheds A C H Parr aW TrOm COnOpy and and less as storm events proceed and the ground 1 PGtenfraa Planting Area becomes saturated(Xiao et al.2000).Many forestry scientists,as well as civil engineers,have recognized that trees have important stormwater benefits(Kuehler 2017,2016).(See diagram of tree water flow below.) i i Lame Otbarne .u.. ` WatershedLake Worth Inlet- curma Inlet-troo N BoyntonInlet ani Frf'Lal$ Watershed 't CurTent Tree kTOu�, Canopy-14.4% `raa; �. Pay obid'(%TC) Potential ]:+r je 3- 9 �ry .'% Planting ��ES�.VTS7,5 as -,g U € r Lake Ida i Watershed e The amount and type of open space under and Arm;7. around a tree and the condition of its surrounding i surface soils affect the infiltration of water. E` y The GIC's TSC tool includes has a data field to hypothetically add trees to calculate outcomes for ° stormwater uptake from new tree planting.The Elsa,m�tY.+�a wrerwim�U3'ahs ayeeen inlrxalascl+�ra im=Wn TSC tool uses PPA data to determine how many Page 328 of'431 P P1�* ;'•+: xl Prrfer tr:re-I: r Shb(:ur.Iree co lapy'slort w-.Xfer Nr7udef�s',`ar'Ir� x a.l:;racs�wtrC�s rurne;!'�rr`�,idr�'�m�a"uxr^rf earacdyc�t nlrl.�di5.:c�s�.^ai -< -,. €sl €�t�uharaar� ik arc r,�d €a�arti rd'frr f€rt;° -FS,err P e x�to -n ut rrlvgre ro+wra.prOwdM.. It A.��P1 to %drip h&rrpr wgrlmarps ae.xtr G.VT di`Cj�s.e xedue,rra taro#evvwr avid ftlara 0),rp vJ Purem 2ul crvi0Py U V0. � 4N , 2 .. €tatkfict�vy.ENA1 ra&a aatsl (ray +rwt CW I�Td'16 t19uciawd Addqdt�x&"t .�.raa.� 11mPrur� tdgd3�rjrrr 'Gst�rm, re�e ,ve Cower UPk" tmi-lov% W/U%PPS aAxx mf ,Added tr�s,l�t�t ta,r 'd - �„ Ar&,i e .Ake 03'borrr r,_i , ,.r, rV,"a'rE€.1%snr,et r � .® ''w crrt€°„ I t-tSrs,rr n3ni6eIFro - - - - r10Yr;t A+r rear [ KY'K ' rAr The TSC Tool allows the City to model water uptake by the existing canopy and impacts from changes,whether positive(adding trees)or negative(removing trees). more trees could be planted.The tool also calculates the amount of nitrogen,phosphorus, Boynton Be ch - Land Cover by Watershed and sediment the trees and their surrounding �� ry soils take up.For more about the stormwater }r rr£r r IS j1,? t{1S �1{ ,1t1rc 4 r_i £�idl Wrr calculator tool,see Appendix B. '!£1u( i i�if 1i1�rylydtir£�r�`Sr1r 1! r d�iririllSr tt�£h r,rt it 11 rd U"r£{1 t r£ ; ��rti t( sitr trir i�r£r£ittii£( 1 I t` t`td1 V by tr£i �! t rUs l ri lfr ri 3; 1 1 5 rrrt3 AS an example Of how the TSC t001 works,if :; i 4 rr»!r�l rll iti it r rl i` }itr r r' is Ali '�ttr the Cl`J a had 5 percent loss of tree can0py, s ��� i r Osa£lr Y _raj;��t£££s1t i ar'i its rrh r t, p > during a 10-year ear storm event,there would be an additional 2.7 million gallons of stormwater runoff(more than 4 Olympic swimming pools of water).If half the available PPA of each v watershed was planted—increasing tree canopy a v —the TSC tool shows a decrease in stormwater ,ry runoff(or increase in capture)of 1.3 million gallons of water. Thus,the tool can be used L ake'da Lake CzIDorroF Late 5,41oi.ih in et-rc�,,ntcaro to model the results of adding or losing tree Irto}ek.Fr C.,ntaI canopy and the pollution increases or decreases (nitrogen,phosphorus,sediment). T�ee s N1q d ; Irl :;�rCa PerMex; I.a r 4 m `l1,1Pe1VCLm, IBr78LeS Fareewfliand Said Removal of mature trees and existing forest generates the greatest impact for stormwater Tree Canopy i nd Addtior.al Potential runoff.As more land is developed,the City should seek to maximize tree conservation,in order to maintain its surface water quality and groundwater recharge.The following maps show both those areas where it is most important to retain trees for stormwater uptake and those r where tree planting will have the most benefits for stormwater uptake.This is based on the types of soils present. Lake ida Lake C,-me Lake a1 h In e..8c yn on:niet RcnCaO i rent.,,a. e Call CpY N Add=.V n ,F cam,L'e 7C i �11 67 i r f Page 329 of 431 I I Iff)-Dac", Loss CITE -')f Boynton Beach BOYNTON, Best,Canopy Retention .... ........ Locations for B E A C H 7 Stormwater Infiltration 01 t s Id 7,7 1, Ito & r. 1 l,j"A for cqw I 0 1t t t, ? N" Al 1 INS Tree Canopy Loca:tjons.Retaining IBM Greatest Stormwater Volumes 'ti Based On it 2.-mull,SWIM;000 % A -7�,F At gAl Disinvnq, Suds . .gym....... Ig 0 t 3 in -Ay 11v 4 fu 0 A A '4 v F, �4 f,41 L P o 4d Wif, .......... ` 5 lit fill, 1< W r4 il I'll "A" r: lx,om, ll,�p%�,fl I wl-JI x & A 7 , 14 "t 1r, 7-7-77---7-77, UH 4 A 4 7 l 4 YA L N, l ' 11-h P i bfr jp ht If tt 0i N MRES This rnap was prvpmed by the Green InfrastrucluTe Cent" rB B This map applies the TSC model to show the places where tree loss will result in the greatest stormwater runoff. It Page 330 of`431 1:31enefits of Added Trees 1 E Y o w.�. 9w Boynton Beath 13 Optimal Tree Planting r ,: Locations for _ t r water Infiltration k 3 i � f t C N fa t3 (f>tlx, �r Of Pk err �'r Hf b , Y E r, ) 6 11 k} k t, s (� 0, Rainwater captured W[t13 added bree CBlvvpy � a y t r , suaS, Be ne r z k nku i r i C1�i�is;7x Soilstrm t r E� 1 �� r�i"r' �. UlrNWS kJ It k t jPA fro r[1. k � app P 10 k i ti S u ff s r„ w uE s If„S` p 9 77777 ," V. €f pry r § -,Rt f .. x F� rr Wes This crap was preptafed by the Greell Infrasiructukre Cenwr This map applies the TSC model to show the places where adding trees will result in the greatest stormwater capture. r f , Page 331 of 431 11 ii x S U ,r II ii, t �aj , 3A The benefits of trees for air quality were calculated by applying the multipliers " used by the i-Tree models.I-Tree is a peer-reviewed software suite from the USDA Forest Service that provides urban and rural forestry analysis and benefit assessment tools.The i-Tree researchers developed standard pollution removal values per acre for various air pollutants.The following i-Tree model ° h' ' values for urban areas were used to multiply acres of canopy to derive the pollution removal values calculated. , Carbon contributes to climate change.Trees mitigate climate change by sequestering carbon from carbon dioxide(CO,)in their leaves,trunk,and roots, and prevent it being released into the atmosphere where it can form greenhouse `w gasses.As trees die,they release that carbon back to the atmosphere.As greenhouse gases are formed,they can cause warming.So much carbon is being produced from fossil fuels and other sources that the Earth's temperature is warming,leading to sea level rise,wetter and more severe storms and more very hot days,which can have other health impacts.Planting trees helps absorb and trap excess carbon. t= Ground level ozone,O„is another air pollutant of concern because it can cause severe respiratory problems in humans.It can make lung muscles constrict, u trapping air in the alveoli,leading to wheezing and shortness of breath,which is articular) harmful to those withres respiratory diseases or chronic conditions, particularly p ry such as asthma.Nitrogen dioxide(NO)and sulfur dioxide also irritate airways w in the respiratory system and aggravate respiratory conditions,such as asthma. t PM10 is particulate matter measuring 10 micrometers or less in diameter and PM2.5 is particulate matter 2.5 micrometers or less in diameter(a humans hair is about 100 micrometers=about 40 fine particles).PM2.5 is generally �t described as"fine particles."Finer particles have the potential for greater harm since they may lodge deeper in the lungs.Trees are able to filter and clean such particles from the air. i ME be �m a a �� ' a a� n Pollutant Removal rate (Abbrev.) Benefit Description (lbs/acres/year) CO Carbon monoxide removed annually 1.13 NO, Nitrogen dioxide removed annually 6.241 03 Ozone removed annually 48.212 PM10 Particulate matter greater than 2.5 microns and less than 10 microns removed annually 13.683 PM2.5 Particulate matter less than 2.5 microns removed annually 2.463 SO2 Sulfur dioxide removed annually 3.068 CO2 seq Carbon dioxide sequestered annually in trees 10,010.27 CO2 stor Carbon dioxide stored in trees(note:this benefit is not an annual rate) 251,395.36 71,648.D42 NO 03 PM10* PM2.5 502 COZseq COZstor 9,104.24 70,330.68 19,960.48 3,592.97 7,922.58 14,602,773.76 366,730,432.92 Page 332 0 '431 Boynton Beach now has baseline data to monitor progress on canopy To change the loss protection and expansion,and to measure the stormwater and water quality trajectory,the City benefits of its urban forest.It can also use the data to prioritize canopy needs to actively restoration in specific areas where itis most needed.Currently,the City's plant trees to replace canopy coverage is 16.1%,but the City plans to expand it significantly. those lost to natural r yak mortality(old age), �t y a% �� w Y storms,development, 9-1 C"I")tv fl,tv1 4"'A 11%,A � ,,IC(�� pests,neglect,or poor � The City's recent canopy trend is downward.Based on this study's analysis care.As older trees die of canopy change over two years(2017-19),the City suffered a net loss of (or before they die), I%of its tree canopy,which can be modeled as 1,800 trees over two years, younger g trees need to or 900 annually(estimated).The GIC modeled this loss as 690 small trees be planted to replace and 1,119 large shade trees'. If this trend continues,the City's canopy could older canopy.While decline to considerably low levels.This is why new action is needed to the City has been regrow the canopy. planting some trees, far more trees are needed,especially in those areas where the canopy is at its lowest. 51 �Adk ,. ,F„ This tree canopy assessment also mapped canopy coverage percentages by income and by race.Tree canopy coverage varies across the City and it is less in census tracts that have lower ' incomes and higher percentages of minority populations.This analysis showed that in census tracts where people's income range k , 4 is moderate-to-low,the average canopy percentage is around 13%, which is about 3%less than the City average. Many streets have room for more trees to add shade,beauty,and air quality. Why Are Urban Trees Declining? Tree topping - cutting off the upper Tree loss is not a unique problem to Boynton Beach.Trees are limbs — can harm and kill tree$ a n d declining throughout the southern United States.Cities are also losing older,established trees as a result of the cumulative impacts of land should never b e practiced. development,storms,diseases,old age,and other factors(Nowak and Greenfield 2012).A 2007 study of Palm Beach County found a decline of 38%of forest cover in the county's urbanized areas from 2004 to 2006,primarily from hurricanes(American Forests). This decline was modeled to increase air pollutants by 2.3 million pounds. It is not just development and storms that contribute to tree loss. Millions of trees are lost when they reach the end of their life cycle through natural causes.Choosing the wrong tree for a site or climate, - n planting it incorrectly,or caring for it poorly can also lead to tree canopy loss.For every 100 street trees planted,only 50 will survive 13-20 years,largely due to poor planting conditions and care(Roman et al 2014).Even in older developed areas with a well-established tree canopy,redevelopment projects may remove trees.It is also important to realize that a well-treed neighborhood of today may _ not have good coverage in the future unless young trees—the next generation—are planted now. $ 5 This is a modeled and not an actual number.For greater accuracy,a longer time interval—aka 4 years apart— is necessary.A satellite image can z, -:, show tree loss but it may not capture young saplings or new trees under 10 feet that have not yet reached maturity. f , k Page 333 of 431 I n aI e a s ii ng (La a n op y (,v c za v e IIPµ q' To change the downward trajectory and realize the tremendous ecosystem ���1` services that trees provide,the Green Infrastructure Center and they >� S City's Sustainability Coordinator recommend that the Ci tyof Boynton Beach adopt a goal to achieve 20%canopy coverage by the year 2035. The City's current tree canopy coverage(including palms)is 16.1% �t Increasing the canopy by 4%will entail planting approximately 30%of �� I the City's Potential Planting Area,or about 392 acres of new canopy. " Expanding the City's tree canopy will meet several objectives: •Reduce urban heat island effect •Beautify neighborhoods and improve property values� •Improve community health and equity •Mitigate stormwater to reduce flooding risks 4 •Help meet the City's greenhouse gas reduction targets 0 The proposed tree canopy goal aligns with the City's 2020 Climate Action Plan target of reducing community-wide greenhouse gasp emissions 50%below 2015 levels by the year 2035. In May 2020 residents were able to safely obtain free trees Each year,trees in Boynton Beach are lost to storms,development to plant through the Trees in Trunks event. and old age as well as removals by individuals.Based on canopy comparisons over a recent two-year period,the City lost approximately Meeting the 20%by 2035 canopy goal(including reducing tree 1800 trees(900 per year).However,the City does not expect annual tree removals as noted)would require planting a total of about 45,000 trees removals to continue at that rate in the coming years.First,the annual in 15 years,or approximately 3,000 trees per year.It is recommended population growth from 2019 to 2035 is projected to be 0.86%per year, that about 30%of new plantings be large canopy trees(40'wide canopy lower than the 2.5%per year rate from 2017 to 2019.In addition,the spread)and about 70%be understory trees(20'wide canopy spread). City will encourage development plans that include tree retention in site layouts and protect trees during construction.For these reasons,the The recommended citywide goal of 3,000 trees planted per year will City estimates future annual tree removals of 600 trees or less. require financial investments by the City of Boynton Beach,private developers,and residents,with supplemental funding by grants and corporate sponsorships.To motivate the private sector's contribution, the City will launch a tree planting campaign and engage developers, s residents,garden clubs,environmental organizations,and other stakeholders in doing their part to reach the planting goal.The campaign may include ways to donate trees to the City and to recognize citizens, companies,and sponsors who contribute to a cleaner,greener city.As the City works to meet the canopy goal,they will document progress by tracking trees planted by location and species. Costs of trees vary based on size and method of planting,as shown in the table on page 26.The City could utilize a variety of planting - methods to achieve its portion of the canopy goal.Funding for tree f planting and maintenance will be included in the City's future fiscal year budgets,as well as through potential new revenue sources such as the establishment of a"tree fund."In addition,the City expects to be more competitive for grant funding after completing this assessment and committing to the tree planting goal.As the City considers the cost of planting and caring for more trees,it's important to note that studies have shown that"twenty years after planting,average annual benefits for all public trees exceed costs of tree planting and management" (Peper et al 2010). So,while the City will need to expend more funds to increase its canopy coverage,those trees will more than pay their way. Trees planted by City residents in their yards are key to meeting the planting goal. � , Page 334 of 431 Large specimen("instant canopy")trees 45 gallon+,4"caliper and 14'height $300+ planted by City staff on City-owned lands per City code Medium-size trees planted by contractor in right-of-way and public lands 25 gallon,2-3"caliper $270 Small trees planted by contractor on City and public-private 15 gallon,1-2"caliper $190 lands(parks,schools,churches,non-conforming lots) Trees distributed to residents at Tree Giveaways 3 gallon $35 The next step is for the City to select and prioritize target areas for implementation of the tree planting goal,such as 7--'i, " o�a � ° 01 i 11 E census block groups with highest mean temperatures,City parks,schools,and/or specific streets.For a list of canopy cover by parks,see Appendix D.The City will use the tree planting and cost calculator developed by GIC to determine ] vx Boynton Ssacb gm c4nl-�u$Work Oroups numbers of trees to plant within the Potential Planting Areas H 14% 1' f. Trete Canopy across specific target geographies.The city should also review its relevant City codes and ordinances using GIC's 11 Hy l policy analysis tool and create an Urban Forest Management Plan to better care for and replant the City's canopy. 1 °i � � ° i _s1'�64hr"; � �Y is 20 1 � 27 VNIt 13 7 ,4%"," s �I.13°k 7 �, i f1 4W i1 4 12-6% o jt i, .. T 1A,1 �� t +sem' �` .. QrmptoTr) 1 ° g3t�ss��S�� I � �r a� 1 �0 n 1�9 9 t 20 @ted " a` ;1 1 e 1 6°1� a, . 1a N 41 4 errr o ��z i 18,1% 7 f d al y 15,7 ° 1641r >. ,7° ; 1.59°x; 21 611 Community planting is key to the City's success in meeting the new canopy goal. Census data can be used to target trees to areas based on income.Areas with lower income also correlate to those places with lower canopy levels �11 67 f „ Page 335 of 431 PercentTree Canopy by Land Use Zone Meeting the 20% canopy goal by 2035 requires D% planting approximately 3,000 trees per year. \A Q, 211", Tree canopy varies by zoning class.Note the Central Business District canopy is high because it includes mangroves along the waterways. Bog Mon Beach C-66�ili6 N- B E A C 14 Pemertl Tree Canopy mow R'd E GaW&zy Blvd WA GRA 1%TCf 9, 25 IN YN wx,�Wnpt RtS 5111 \ I'M 11, lk� r�—P W.�d 1h.0— C—� lSr X41k0l Tree planting can also be targeted to city redevelopment areas to meet City goals for revitalization. Page 336 of"431 Y � 1 4 To achieve the recommended citywide canopy coverage goal of 20%,a These,and other practices,implemented to provide long-term concerted Tree Planting Campaign will be needed.The City will engage with care,protection,and best planting practices for the urban forest, key stakeholders and communities over the next year to create multiple avenues will ensure that investments in City trees will pay dividends to plant and care for new trees.The City staff and Commission will evaluate by reducing stormwater runoff,as well as cleaning the air how best to fund tree plantings as well as ongoing maintenance of the City's and water,lowering energy bills,raising property values,and tree canopy. providing natural beauty long into the future. t _ The City of Boynton Beach can use the TSC tool and other ecosystem benefit multipliers to determine the benefits of maintaining or increasing tree canopy.They can also use carbon 'k credit calculators to integrate tree canopy benefits into the citywide greenhouse gas emissions inventory,which is used to track progress on the Climate Action Plan. The City will share results of this analysis with the consultants who are conducting a multi-jurisdictional climate change vulnerability assessment for the Coastal Resilience Partnership of Southeast Palm Beach County.Tree canopy will be considered as part of the community's"adaptive capacity,"or its ability to cope with climate change impacts,such as extreme heat and flooding. It is recommended that Boynton Beach undertake a codes and ordinance evaluation using GIC's Trees and Stormwater Codes and Practices Audit tool to identify all the ways in which the City can reduce impervious areas and improve tree canopy and management. t� The City will plant and promote the planting of tree species with high ecological value as much as possible—including native and drought-tolerant species,hurricane-resistant species,and those that {m y I i Ak € S ti HA t Z R Nbk"'s5-id's xo' support blodlversity. rk t Ar r' An urban Forest Management Plan is another key study the City should undertake to ensure that it has detailed and actionable �� processes to care for and better manage its trees.Grant funding is - , available from the Florida Forest Service for such activities. t " rM OW The City does not have a plan for replacing trees lost to natural � ` disasters,such as hurricanes or other storms.A key aspect of urban forest management is developing a Forestry Emergency , Response Plan.This should be coordinated with Palm Beach County and adjacent cities and towns that share similar concerns about storm debris and removal or repurposing waste wood.Given the many benefits that trees provide,the City should plan for and fund tree replacement following `' natural disasters. E7e Lastly,it is recommended that the City conduct a land cover assessment every four years to compare tree canopy coverage change over time in order to track progress on meeting the canopy goal of 20%coverage.Keeping tree canopy coverage at levels that promote public health,walkability,and clean water is vital for livability and Combining tree plantings with best management practices, meeting state water quality standards. such as permeable parking,can dramatically reduce stormwater runoff volumes while capturing and cleaning pollutants. tf� i i, Page 337 of 431 r\ 4 t 6 , i 7 s f F I , 4 r n „ k - � � 7 a t. F. s at. , Image credit:Community Greening t 'r t ,t Page 338 of 431 �c 2.Tree Canopy over impervious:These are features that overlap `i )ij_'),\e nii x ��a� Impervious surfaces and are primarily created from existing vector L a n(,'I �,,v vGIIPI, ar, l,vq, ii� � xt � � data,where available. c � 3.Mangroves:These were identified based on local knowledge and This section provides technical documentation for the methodology used on-the-ground visual inspection. to classify land cover and create Potential Planting Spots and Potential 4.Palm trees:These were identified,where possible,as Tree Canopy Canopy Area scenarios for the City.Land cover classifications are an type features smaller than 10 square meters in diameter.They were affordable way to use aerial or satellite images to obtain information ground-truthed in many cases by GIC field staff. about large geographic areas.Algorithms are trained to recognize various 5. Scrub/Shrub: Spectrally,these features appear very similar to tree types of land cover based on color and shape.In this process,the pixels in canopy but do not meet the height requirement to be considered as the raw image are converted to one of several types of pre-selected land trees,but are above 1 meter in height. cover types.In this way,the raw data(images)are turned into information 6.Turt/Pervious:These are features identified as"green"or typically about land cover types of interest,such as what is pavement and what is above 0 in NDVI,but have a feature height less than 1 meter. vegetation.This land cover information can be used to gain knowledge 7.Impervious surfaces:These were created using an object-based about certain issues,for example:What is the tree canopy percentage in a recognition tool ArcGIS add-on called Feature Analyst,as well as existing vector data,such as road edge and building polygons. specific neighborhood? These features are typically below 0 on an NDVI. Method impervious Bare earth and Sand:These can be easily confused with impervious surfaces,but have a NDVI value closer to 0. Satellite imagery from the National Agricultural Imagery Program(NAIP) distributed by the USDA Farm Service Agency was classified to determine In the Table below,Bare earth'is easily misidentified as pervious the types and extent of different land covers in Boynton Beach. surfaces.But curve numbers in the TSC tool are similar and so this does not affect that analysis.In some places,sidewalks or golf cart Two canopy maps were created using the NAIP imagery—one from paths were identified as bare earth under canopy.But there are only a October 30,2017 at 1-meter resolution,and one from November 20,2019 few places like this;so,the overall area of the class is small as a total at 0.6m resolution(higher resolution than 2017).Feature height data were derived from LiDAR 2017(Light Detecting and Ranging high resolution percentage of City land cover. elevation data)from the US Geologic Survey and existing hydrological The NAIP 2017 image was originally used as the primary input. and infrastructure data provided by the City of Boynton Beach.These data However,during the course of the project,2019 NAIP imagery sets were used to determine the following nine feature classes: became available.Therefore,the 2019 classification was created using an NDVI image that showed where tree canopy had changed 1.Tree Canopy:These are features identified as"green"or typically (i.e.It went from being the 2017 tree canopy to an NDVI value of above 0 in NDVI(Normalized Differential Vegetation index),and that less than 0,indicating that it had become an impervious feature). have a feature height above 10 feet. A Confusion Matrix was run to test the accuracy of the canopy data,with these results; WE Tree Canopy 37 0 0 0 0 0 0 37 100.0% Mangrove 0 10 0 0 0 0 0 10 100.0% Scrub/Shrub 0 0 11 0 0 0 0 11 100.0% Pervious 0 0 0 63 0 0 0 63 1 100.0% Water 0 0 0 0 19 0 0 19 100.0% Impervious 1 0 0 1 0 117 0 119 98.3% Bare earth 0 0 0 1 0 3 6 10 60.0% Points Sampled 38 1 10 11 67 19 120 6 269 97.0% f „ r . Page 339 of 431 Potential Planting Area Dataset The Potential Planting Area dataset has 3 components: 1.Potential Planting Area(PPA) X" 2.Potential Planting Spots(PPS) 3.Potential Canopy Area(PCA) AM These three data layers were created using the land cover layer and relevant data,in order to exclude unsuitable tree -Kr;,) ar TI planting locations or where they would P interfere with existing infrastructure. Images of these data are found in the report on pages 14-15. The Potential Planting Area(PPA) NAIP Image 2017 Potential Planting Area(PPA) is created by selecting the land cover features that have space available for planting trees,then eliminating areas that would interfere with existing infrastructure. 4 Initial Inclusion selected from GIC-created land cover pervious surfaces class. Exclusion Features: • The pervious surfaces were buffered in 10 ft.from all impervious surfaces,including buildings and roads. •Playing fields were identified from NAIP imagery to be excluded.(Digitized by GIC.) • Once this initial phase was completed,the Potential Planting Area data were reviewed by the City and manually edited to best represent City expectations of where planting was allowed (e.g.not along canals or on play fields).Exclusions such as'distance from canals and other utilities'were applied during this review phase.In addition,areas that were known to be planned for development were removed. ~ 10 P. This additional work to exclude known areas that could not be planted resulted in a more accurate and realistic calculation of plantable areas and the number of new trees that could be added. Potential Planting Spots(PPS) The Potential Planting Spots(PPS)were created from the PPA. • They were run through a GIS model that selected those spots where a tree can be planted AL depending on the size of the tree. • 4 Tree planting scenarios were based on a 20 ft.and 40 ft.mature tree canopy with a 30% 0 Lit overlap.Therefore,the planting spots are 16 ft.and 32 ft.apart,respectively. MRI The Potential Canopy Area(PCA)is created from the PPS.The possible planting spots are "Ilk ilk given a buffer around each point that represents a tree's mature canopy.First,larger canopy & trees are digitally added,followed by smaller trees in the remaining spaces.Planting spots are then assigned a buffer of 10 ft.or 20 ft.,to result in 20 ft.and 40 ft.tree canopy that overlaps by 30%.This reduces gaps that would be found at the comers of adjacent circles and reflects the reality that trees overhang and intermingle with adjacent trees. ARMA Potential Canopy Area(PCA) Page 340o ' ' 31 %,A z, El 11 11 X C a 11 c u 11 atv"',o The Trees and Stormwater Calculator(TSC)tool developed by GIC uses modified TR-55 curve numbers to calculate stormwater uptake for different land covers,since they are widely recognized and understood by stormwater engineers.A canopy interception factor is added to account for the role trees play in the interception of rainfall,based on location and planting conditions(e.g.trees over pavement versus trees over a lawn,or in a forest). Cities usually use TR-55 curve numbers developed by the Natural Tree over street Trees over forest Resources Conservation Service(NRCS)to generate expected runoff amounts.The modified TR55 curve numbers(CN)provided by GIC includes a factor for canopy interception.Cities can use the stormwater calculator tool for setting goals at the watershed scale for planting trees and for evaluating consequences of tree loss as it pertains to stormwater runoff.Curve numbers produced for this study can be utilized in the City's modeling and master plans for areas of the city. Tree canopy reduces the proportion of precipitation that becomes stream and surface flow,also known as water yield.A study by Hymcka and Divers(2016)modified the water yield equation of the NRCS model Rio by adding a canopy interception term(Ci)to account for the role that canopy plays in capturing stormwater,resulting in: Tree over lawn Tree over parking lot R= (P—C. la)2 (P—C1 1a)+ S This new approach allows for more detailed assessments of stormwater Where R is runoff,P is precipitation,la is the initial abstraction,which uptake based on the landscape conditions of the City's forests.It is the fraction of the storm depth after which runoff begins,and S is the distinguishes whether the trees are within a forest,a lawn setting,a potential maximum retention after runoff begins for the subject land forested wetland or over pavement,such as streets or sidewalks.This is cover(S= I OOO/CN—10). because the conditions and the soils in which the tree is living affect the amount of water the tree can intercept. Major factors determining CN are: The analysis can be used to create plans for where adding trees,or • The hydrologic soil group(defined by surface infiltration rates and better protecting them,can reduce stormwater runoff impacts and transmission rates of water through the soil profile,when thoroughly wetted). improve water quality.This methodology was developed and tested in •Land cover types. 13 communities in the southern US including three in Florida,under •Hydrologic condition—density of vegetative cover,surface texture, a grant from the Southern Region of the USDA Forest Service.For more about the project,please visit hup:/Ai it ii.gid n.c.orgy/trees seasonal variations. siorni\v,aic On in • Treatment—design or management practices that affect runoff. Bt Page 341 of 431 e A` AM X +` flll k x ! f � / y G, , i 1 � K � 1t , 1;tt� f: I,5 �}t , I (,f 5f �{ { � e Improved tree canopy coverage means a cleaner Intracoastal Waterway! Page 342 0 '431 American Forests. 2007.Urban ecosystem analysis,Palm Beach County,Florida: calculating the value of nature.Washington,DC. 16 p. Appendix:Hynicka,Justin,and Marion Divers. "Relative reductions in non-point source pollution loads by urban trees",in Cappiella,et al,Recommendations of the Expert Panel to Define BMP Effectiveness for Urban Tree Canopy Expansion,2016. Runoff and infiltration graphic.EPA Watershed Academy Website.Accessed February 19,2019: li.tips:11cf i.i .c a.-oNN cater ,iiti.l�i.c.o i.ileFr ii.w.cfii.�.`? efi.t objet i A7 "Complete Green Streets. Smart Growth America".Website accessed February 20,2018: hops://sniartgroii tli.ari.crica.orglrcse irces/co�i.�.plctc-ati.d-s�rccfi.-strects/ Penn State Extension,Trees and Stormwater:Website accessed Jan. 1. 2020 li.ti :Jlcxtcfi.sio i.. si.i.e lij/pla ts/-ree -industr•1 s ndsca iii.,-1cii tiircltli.c-role-ref-trees-ati.d-forests-in- ealth -iiatcrsheds "Stormwater to Street Trees".U.S.Environmental Protection Agency, September 2013.EPA report#EPA 841-B-13- 00I.Web site accessed June 1,2016: hops:/Aiiiii.epa.-oNN/sites/ rodi.ictiofi./fles/201;5-11/doc��nwnts/stor�imatcr2strccttrces. f Akbari,Hashem,Melvin Pomerantz,and Haider Taha."Cool surfaces and shade trees to reduce energy use and improve air quality in urban areas"in Solar energy,Vol.70,No.3 (2001):pp295-310. Benedict,Mark A.,and Edward T.McMahon,Green Infrastructure:Linking Landscapes and Communities.Washington,D.C.: Island Press,2006. Benedict,Mark A. and Edward T.McMahon,"Green Infrastructure: Smart Conservation for the 21st Century."Washington, D.C., Sprawl Watch Clearing House,May 2002.Accessed February 2018: hu :/Aiiiii.spnmhatch-orglgreeninfrastruct�re. f Booth,Derek B.,David Hartley,and Rhett Jackson,"Forest cover,impervious-surface area,and the mitigation of stormwater impacts"in JAWRA Journal of the American Water Resources Association,Vol. 38,No. 3 (2002):pp 835-45. Broschat,T.K. 2010a.Palm nutrition and fertilization.Accessed May 2020 at: li.tips:/lcdis.if�is.€.ifi.c €j1 ffi cs11 P11.,F26100. f Cappiella,Karen, Sally Claggett,Keith Cline, Susan Day,Michael Galvin,Peter MacDonagh,Jessica Sanders,Thomas Whitlow,and Qingfu Xiao. "Recommendations of the Expert Panel to Define BMP Effectiveness for Urban Tree Canopy Expansion",2016. Correll,Mark R.,Jane H.Lillydahl,and Larry D. Singell,"The effects of greenbelts on residential property values: some findings on the political economy of open space."Land economics,Vol. 54,No. 2(1978):pp207-17. Dwyer,John F.,E. Gregory McPherson,Herbert W. Schroeder,and Rowan A.Rowntree. "Assessing the benefits and costs of the urban forest"in Journal ofArboriculture,Vol. 18(1992),pp 227-34 Ernst, Caryn,Richard Gullick,and Kirk Nixon,"Conserving forests to protect water",American Water Works Association,Vol. 30(2004):pp 1-7. Fazio,James R."How trees can retain stormwater runoff',in Tree City USA,Bulletin 55 (2010):ppl-8. Gregory,J.H.,et al,"Effect of urban soil compaction on infiltration rate",Journal of Soil and Water Conservation, Vol. 61 No. 3 (2006),pp 117-24. Gregory,Justin H.,,et al,"Effect of urban soil compaction on infiltration rate",Journal of Soil and Water Conservation, Vol. 61,No. 3 (2006):pp 117-24. Kuchler,Eric,Hathaway,Jon,and Tirpak,Andrew,"Quantifying the benefits of urban forest systems as a component of the green infrastructure stormwater treatment network"in Ecohydrology,Vol. 10,No. 3 (2017). Page 343 of 431 McPherson,E.G. 1993.Evaluating the cost effectiveness of shade trees for demand-side management. The Electricity Journal. Vol. 6, No. 9(1993):pp: 57-65. McPherson,E. Gregory,and Muchnick,Jules,"Effect of street tree shade on asphalt concrete pavement performance",in Journal of Arboriculture,Vol. 31,No. 6(2005)p303-10. McPherson,E. Gregory,David Nowak, Gordon Heisler, Sue Grimmond, Catherine Souch,Rich Grant,and Rowan Rowntree. "Quantifying urban forest structure,function,and value:the Chicago Urban Forest Climate Project." Urban ecosystems 1,no. 1 (1997): 49-61. Meenakshi,Rao,L.A. George,T.N.Rosenstiel,V. Shandas,A,Dinno,"Assessing the relationship among urban trees,nitrogen dioxide,and respiratory health"in Environmental Pollution,Vol. 194,November 2014:pp 96-104.Accessed on May 1,2015 at: ii.tips:// ii•s.arc,'1fi.eiis 2014-09-trees-astli.�iia-reg;pig,iton'- iscases. tii.i wi(' Nowak,David John.Assessing urban forest effects and values: Washington, DC's Urban Forest.Vol. 1.United States Department of Agriculture,Forest Service,Northern Research Station,2006. Nowak,D.J.,and Greenfield,E.J.,"Tree and impervious cover change in U.S. cities",in Urban Forestry& Urban Greening, Vol. 11 (2012);pp21-30.Accessed on July 2,2013 at: i tt e 1 ',italcc c r e iec 1c I�is content c(YPartic c::::12'19�cofi.text:::_isd it""f i;,° i Nowak,et al, (2010).Sustaining America's Urban Trees and Forests.Accessed on July 2,2013 at: ii.tips://iiiiii.f,,,.fe .i.is opefi.:psi,"c/fate/rc erts/fi.rs-62 sustaining anwricas urban.. 1` Peper,P.J.;McPherson,E.G.; Simpson,J.R.;Xiao,Q. 2009b. City of Orlando,Florida municipal forest resource analysis.Albany, CA: U.S.Department of Agriculture,Forest Service,Pacific Southwest Research Station.P. 58 Peper,Paula J.;McPherson,E. Gregory; Simpson,James R.;Albers, Shannon N.;Xiao,Qingfu 2010. Central Florida community tree guide:benefits,costs,and strategic planting. Gen.Tech.Rep.PSW-GTR-230.Albany, CA:U.S.Department of Agriculture,Forest Service,Pacific Southwest Research Station.Website accessed May 2020 at: ii.tips://iiiiii.f,,,.fe .i.is psii/ i.i icatiofi.s/d`oci.i�i.w i.ts/psii ',tr2'iti1 Roman,Lara A.,Battles,John J.,and McBride,Joe R. ,"Determinants of establishment survival for residential trees in Sacramento County,CA",in Landscape and Urban Planning,Vol. 129 (2014):pp22-31. Roman,Lara A.,and Scatena,Frederick N.,"Street tree survival rates:Meta-analysis of previous studies and application to a field survey in Philadelphia,PA,USA",in Urban Forestry& Urban Greening.Vol. 10,No. 4(2011):pp 269-274. Souch,C.A.,and Souch,C.,"The effect of trees on summertime below canopy urban climates: a case study Bloomington,Indiana",in Journal ofArboriculture,Vol. 19,No. 5 (1993):pp 303-12. Tilt,Jenna H.,Unfried,Thomas M.,and Roca,Belen,"Using objective and subjective measures of neighborhood greenness and accessible destinations for understanding walking trips and BMI in Seattle,Washington",in American Journal ofHealth Promotion, Vol. 21,No. 4, Suppl(2007):pp 371-9. Wang,Jun,Endreny,Theodore A.,and Nowak,David J.,"Mechanistic simulation of tree effects in an urban water balance model",in JAWRA Journal of the American Water Resources Association,Vol. 44,No. 1 (2008):pp 75-85. Wells,Nancy M.,"At home with nature:Effects of"greenness"on children's cognitive functioning,"in Environment and Behavior, Vol. 32,No. 6(2000):pp 775-95. Xiao,Qingfu,E. Gregory McPherson, Susan L.Ustin Mark E. Grismer,and James R. Simpson."Winter rainfall interception by two mature open-grown trees in Davis,California",in Hydrological processes,Vol. 14,No. 4(2000):pp763-84. : Page 344 0 '431 Page 345 of 431 r r+k , at �" t r ,f t, r t � # # k t t � # t 1 � J£ } r �Z Ia f J , t � r J . ,c , l F � � ' 1 ! t ,! t } JJ ( s � r 1 I , I 4 ( I � 1 a � , f 1 , I ! I t r ) r I 1( t f t i a I 1 c , f ( 1.(t{lI 1 f f { S , ( F 1 f l f 1 , 4 � t tj t _ kt t � 1 , I £ � r ( is t I r-- f- s r ' k t 3 , t J t, t , tt r 1 f s t l � � 1 ( s r 1 � J ! , r t � £ 1 I t fs, ( ( t 1_ , { J t tl 111111) gj lllllt ttttttt !�!{_ 1 .. }} #llllllllllllllll � ! S I r I tttttttttttttttt r � » » t >= ui0 f k } { I { sl J t t I � 1.111 t � I � �lllull I � II t s 1 4 lh ,F ( , llllitl!(,IJ sssr � 4 1 I ! I tkk�t- t � t ! I s � t I _t t a � tl 4 � , f � t t i > ' t i t' i i ou yt �f o LL U � � '1 J Ln m o NO o t CL a cn O cin O .y ry CQ U N 1 �--' L +-� E O -W C v LO _0v O � L7 o a -00 o N +� CL U _0ui O N ca N U O LA p .v =3 — ui � 'N �4 i 1 - (1)fu g V O O aQ 4�-+ v v Ln -J . . N4a M a--J i — 0 m 4 0 v ,�.� ca U 6 y } r 1r114u � u6 ! � u LU O co M N O) co d a-J a� Q 4-JLn ^ N N W f6 N E E Q 4-J 4-J 4 ° U N N C -0 v �. U s Ul Q U N U O V) 0D � > °- � o N ago +, a n- > E 0 � Ln °° o 0 V 4-J o LnL) s C: 4-1 a) U — E — cin a 5 a) N N ca 5 O m a o � o a� U CL E E E QN° N E ,� 4-1� ��., O O O :3 — ca O O cn U U U V > cn U Z U 0 Z cn . . . . . . . . . . . ra i. i � I �1tld` ., ou +r Hca co �E Ln 4-j a r � i 1 1� eeSS V Q M •� U O •N U O =3 c6 • O Ln cn >, -�e +-+ •> o O =3 H 0 c6 CT E- Q � a- CLW t try sns LY b uj ca cis i i i M M M a a o N N CD M Ca N o 4 J ca +-a Q E 0 h v 4 00 N 4-0w C: m' 4.0 f� i m m ago 3 0 o 0 c: _ ca O p — CL N h v +- J 0�1 O O O O 0 E H \ \ \ \ \ N Ln C-4 C-4 60 CL 4-0 \ Nr-I N cn =_ r* m Ln oC cn O M UU u 1 � I rpt t ,t LM di O 'cn fu M '� f x o a., o U � > M1--i a-■, (D E �V O 0) O � :p �, i co V OldC: 0 O 0- ra V O >1m UE E O 4- cOn fu 0 4-14-JV O O 4- 0)V C: 4-J fu f � cn V V O 4-)Ln 4-J 01 •N fo ra ra _O O C v •C O C: H to O 0) > � E C:O f •x '� � � ruEE- � O w In � t J 111�� �� Irl {� toS 4 5l}�� s p.tib ttt � I,d !` ��� � '� �i�i�t�\i t�ss�`�tt�lr'`�!� ik��i� {� a u s �r' fffG �illy{ Baas !t 7{� ted yiF S7n ! SsY.! N I., q r n r n try L61 ! � imanyr�5 , M! k r J dy J s g° to C iat�1 i l! � a a asj x 4 �1 11 S}�[J j BAT t �; 51,1 tiS�V a y aaat--.r 1 u E t1U U r:. v t1U 10 tt ell a �' 7 ! S ! j a ySn - SJ V SIJ sn lfs 9 � SIJ 4' ad 14-4 $° la 3= cij V'1 y, ri a, as(B ', r, y � i. it S t \"'TA poll 1 mom °lJi AS a. it,�1 rQW , , 1 i !W i �Pi a,' y vti ALF AIN \s lr � 1 � O Al '.. --- � ou >-Z< ca co � ® s � 4 Q) U —0 U) O - ru fB� s ateJ O O ry UU ) ) U/ -J W U � O +, i , Q U) Q) UQru ate-J U) �s{ ,=3 E Okit 4 t5,r; -0 fB � Big Wi 1) U U.) =3 t U) UQ Q) U i E 4 'I•}- D ����s�y�� §��� n � ""�'� „fi s�h�� �157 � � Tit,' i�"�'r "�y' �n4.. kg: G Yf��t { ka s •ai ttta�Y rE'�_ Hl ry ' � t 4 s t t t u ,{m 'f3�91,11/ 1",U' S>`�d � y 3 19 j 11 g 3F X j gal y" 3 V �{ULI r T � CT _ r 4zmi� w HIS o in o20 f m d � N b �' t R r t a m 3 M 10 M N (0 d Ln z CU U CU rZ 4—+ CU _00 Gi i 1 } ij.... C MO C CU QU o a f0 U �..� f6 CL 4 N c o � c>3 Q- v V) 'N 0 CL c (1) 4� N Ca m 0 0 C - 0 c bn 4- 000 o U L L CIA U .N M i (U t a o � 4 ' CIAU —0 U � O n . cB t m cD C: i CIA i U U :3E U 4-J N (D N N v N Ln c>3 ++ C i O t i c: C: N C: O N i 4O N N c>3 �O c>3 O O 'a Q +�+ � O N rn E cn t r-4 � Co O N 0 Ou b �y qt LL O LO M .Fco 0. ;;: -j 0 Z 0 rr, U L6 Cl ro ON 142 Li 0. a s r, f )rdn4V >>D sr y,tr is4isr \is 11 SU rVr,Sris -.«s C" ' p eii 41 IIIMj ti rybrssi"'Ugtli+3t E f` s��S�\)syQ�fiC4)�yP���C4S`yP�sQiiC4SyP�sQ C4)�s��sQ�i\�4S)yPV�Q�iC4S4r��\fi\4S4r��\fi\�i'fi;S,`' � ry) �.3. e 1 Ln v> v oa - ®co q c� LL- (r t' j-r! 41, 43 Q SZ: 0 CO y � S co A c`s ' t O � t Rill ca co M O LO M O co O C d V C: O .— O � m O 0. cn cn .0 = to p .� O 4- 42 cy) = M i .fu O U =3 CLO fu � � I N C: V O4-0 O) O fuO4- C: O N Z3 C: OL- � U }, ro 0 [a � Co 0 0 N N N O ED ''s��i11 M �� L is SEIj IN ED Cy LLJ 11 t`kit� 31��1 r\� 17,, Dl� �E N ca co ®tba € it{1{1i1 t t (CA �, 1 ix? y i{tfi{14,, 1}j LU S(rt, to 37{?fit? 1s�7—m' '• tt ,1 ChLU LULJ psi tt v e tU�cc t w tin CC 00 Cf }7r1 7j� sl 114} 1�, as as Q u u7 fu a) m U oD 10 s v o 0 } U co e, ~ M tin O Ul) 0 00 Ln M C7J N O) E co d o0 o ID 0 n o o a �: Cl Co f'- SCJ LM J" n'} N ti Ln uj c AL .t � � 9st StIs����i (1+}zs}ISI ( f �41 s�J�(; 1( (�� � � �t7�1 s. F I i}hJ i t}t,("i fo "i L u'Y C.7 N f-7 U y+d ai a in a ui `n LL n n c�Q'"cc��'�u-i v F� 00 I iI r > E 4-P r 0 0 O 0 LL 0 C 0 0 tm v 0 W 41 moO N CL m 0) 4-J 00 ou C: ro >-Z< In co _0 0 0 CY) 4-J Z3 ro IZ- 4-J >. Ln 76 0 0 Ln Ln 0 ro :t 4-J 0) 0) 4-J co Z3 0 -E C: 4-J L- ro -2 U E 4L o) 4.44 0 0 C 4-0 4-P 0 4.0 ro IZ- E I CL V4 , n Ss, 'n >3V1`5�� _� - O O it`ti _N U +� t (UO �` Q QLn O cB c 0 w ` Q Q 0 } u � 0 0 0 0 0 C CG) L1 C) 0 N C) N N � r o a r I i i i m U) ` ch � ca 0O O � Cllco 6 Lo C a dg� UO1 C i _ p k cu a �dP ask as w '., tn ILJ V �7., I zx G4 0 NI r...W �. z 4 a� }}\� N N 1D �:3 N �"'1 V1 !t1 N 85 QB N av 4^h N tX! N ri Q i7v Q fX7 rl Q ri m u pp .•i m CV cri ni .-i o m .-I 4 C Ca m ui Ki O m OC n kG �i u` Ki N €3 w �D m N eh It RP m M m M m N ry N ry N �1 QLL. a otf a a illl�a�_ v m m a 07 Q � _ m d r+ � .= Q ro ate _ a� c� a t u N .. n G1rF 2z m U 72 mrN pec Oa.m N SP o EE Za r ca w T amE�-ory E +r n m c LU m u `� L a u w m.J n• 0 i .,3 . a `m CL .... 2 cO�. Y O{ry _. .,. ... a g 6 ua m u 04 Uj ce s o,t oa a �M moo _ = A C A v dJ MOm10 Y � N EV� N 00 p _'C NN�-- 2yr C..p• ` N A`- d E Y 2 Z 3 a .—�} c a a ami m g°' 0 m. a .6.d. 0.L! 0 W J LL 4 n s m fS •a Y 'c +cs'3 y tS '�`- o x m a .f O°`� • a�m m '�0. y v s i- .....-0...G_ O y mm m o a iL `mo Xa a L) �LL m OL w M a _ ca m - Z m v? -- 40- to 0 CDt z c ras �o + w ca Q w L1 V LON in .19 7' Y r � ri asst ill Irl l � ttSft •r, �� �� `ri� w�`J �t�t �{11 � Q>) Q) ao �� [ ° -or �� isfi '�� ° Al •� � ����;.� ���� � ��� � 54,E i � ``-� *�' �'� ���� � ���'�t�asr a�� '�5�����5'� �ps� � ��n1� uw W,ow, 1 ell Q � � I r ..- -= �, ... .. M v � useva— Plx & R , V � \ S o a Ur I4`6w till L IL '�y cr^ate' _ M11Yb t 1 t' s�. t1t A t' CLO aw c �s S 0 \V us lam, i +0. r �rr r� ukn ■ T o u (3) Coco r r o Nw bG G Jc: ¢ - ® o a ¢ F ti � a a N W n o a C� v ti a Pr a ..i7 ■Isom= d fS 1{ do a�sc.;n,�•s �k E 5i p I i hY � Nr 1r y ■ O O E o E O O p Qj Qj •� Qj Qj L N N o N L O bLu (a Q M O M O) N co d O _ � � O N � Q V) O O m O � O QA N Q aJ O cn E aJ O aJ m GJ QJM N aJqA -0 j 4-1 }' m O i E QA .� O N fB >- Q) U 'Z7; i GJ -0 •— CLO .� i }, O p 0 CL O N U GJ N •i fB t U '2 U N +� O O r-I N M r-I N M }' ` - O W Ln Q CL N Q) R* DC CL > • • y Lri o M o� 0 u N Q)buj -0 c6 ca co •� c6 ° O O O o ON N M 0 0 =3�� 4-jc +j a �..� 00 c6 O O 0 ro cn Lr)0 Ln w � Ln — U O U C Ov -0 >- N xNO p U O O +-' o O � ON N Q O� O 4-, O E— U c6 O 4--+ Q) N cn O j O v — O E— H H M U i f� ca 4-, E •� ® 0 O O Ln >- Lr) 4-1 Ln .� m a 4-1 4-1 MO o o ou V o -o Q O to 3 Q) +-1 -0 v o ca � ca E o o E4V U Q i 4.1ZLn � Z3 •C3) v 4A a =3 U a *=3 E a CL m =3 v vC3v U. E V v v OLn 4-' I I I o N 4-' o � o v v ' - n to U CL CL fti• > +-J U CQ ® p i a--J N � 4A O N a--J U U 0 =3 _0 � 5 N O LL � M E cJ) W a" +� O o u Q i CQ 'c M a� Cl _ie o Q E ,> M W p � w E O W 0- >-C M 'E •N p m O vLn U MO U O •� ON 4A *E 0 bn 1Q) 0 •� Q) =3 0 =3E ra � i (A i� -0 +, +, i O � CL -0U a1 �O CL (1) O0 N 4-Jcn O MO — cn C DC DC = to aA v p +, +' v w 0 U oC m w 0 r-I N (yi 4 I ri 0 t-6 r-4� 00 E 0.--� ® O O O o ate-+ CL .N O O � b 4-j Q) 4-j O > CSA M V)- f6 00 M O a 4- — O hh� O _ =3 W > IZII W O _0 — O C: �-+ O :3 C: C6 L.L C:m o � � o � ON O L (� O O O C: • ro N O rO +�-+ C: �) v)- � =3v O 0) O O O 0 > L. L U u i C� O d' U or ® U N U .^ pp -� or U Ln •� Ln O � O cn O ou L7 r t l �w 11.A. NEW BUSINESS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Proposed Resolution No. R20-092-Authorizing the City to set rates, fees and charges for Water, Wastewater Stormwater, Reuse Water and District Energy Chilled Water for the upcoming FY 20-21 Explanation of Request: Based on the approved Ordinance 18-020, Utility rates and charges for; water, wastewater, storm water, and reuse water and Ordinance 19-028 for Chilled Water, are implemented by resolution of the City Commission annually during the Budget adoption process. The Utility management reviewed the rates, fees and charges. Utility staff has presented the rate adjustments to City Commission during the FY 20/21 Budget workshop. The proposed rates are included as part of the FY 20/21 Proposed Budget. Such Rates shall become effective October 1 of each year. Rate adjustment notices,outlining changes were sent to all customers in August utility bills in accordance with FS 180.136.A public notice was also posted on the City's web page www.boynton-beach.org/public-notices . The following tables provides the Boynton Beach Utility Rates, Fees and Charges for the FY 20/21 Budget year. WATER RATES (Inside City) g - vv 100 Water Inside City Commercial Base Monthly Charge $25.81 $25.81 per unit Commodity Charge per 1,000 gallons Water Inside City Commercial Tier 10-9,000 $1.72 $$1.72 Water Inside City Commercial Tier 2 9,001-30,000 $3.09 $3.09 Water Inside City Commercial Tier 3 30,001-50,000 $4.13 $4.13 Water Inside City Commercial Tier 4>50,001 $5.09 $5.09 t Water Inside City Residential Base Monthly Charge $12.90 $12.90 per unit Commodity Charge per 1,000gallons Water Inside City Residential Tier 10-9,000 $1.72 $1.72 Water Inside City Residential Tier 2 9,001-30,000 $3.09 $3.09 Page 370 of 431 Water Inside City Residential Tier 3 30,001-50,000 $4.13 $4.13 Water Inside City Residential Tier 4>50,001 $5.09 $5.09 li WATER RATES (Outside City) t Water Outside City Commercial Base Monthly Charge $32.27 $32.27 per unit Commodity Charge per 1,000 gallons Water Outside City Commercial Tier 1 0-9,000 $2.16 $2.16 Water Outside City Commercial Tier 2 9,001-30,000 $3.88 $3.88 Water Outside City Commercial Tier 3 30,001-50,000 $5.16 $5.16 Water Outside City Commercial Tier 4 >50,001 $6.35 $6.35 t Water Outside City Residential Base Monthly Charge $16.14 $16.14 per unit Commodity Charge per 1,000 gallons Water Outside City Residential Tier 1 0-9,000 $2.16 $2.16 Water Outside City Residential Tier 2 9,001-30,000 $3.88 $3.88 Water Outside City Residential Tier 3 30,001-50,000 $5.16 $5.16 Water Outside City Residential Tier 4 >50,001 $6.35 $6.35 WASTEWATER RATES (Inside City) 1 Wastewater Inside City Both Accounts w/ No Water $34.24 $34.24 M eter Wastewater ,Inside City Both Base Monthly Charge $18.95 $18.95 Per unit Sewer Commodity (based on metered Wastewater Inside City Both ;water, Residential caps at $2.18 $2.18 7,000 gallons) WASTEWATER RATES (Outside City) 1 Y Wastewater Outside City Both Accounts w/ No Water $42.83 $42.83 M eter Wastewater Outside City Both Base Monthly Charge $23.73 $23.73 per unit Sewer Commodity Wastewater 'Outside City Both (based on metered $2.73 $$2.73 water, Residential maximum 7,000 gallons)' STORMWATER, REUSE & CHILLED WATER RATES - - - - - - - --- Page 371 of 431 Stormwater All All Bas Monthly Charge/ $6.50 $7.00 ERU Sewer Commodity(On- Reuse All All demand/1k gal. $$$0.36 $0.38 metered water) Sewer Commodity Reuse All All ;(Scheduled/1 k gal. $$0.24 $0.26 metered water) DES Chilled All All Capacity Charge/Ton $30.00 $30.00 Water DE{ Chilled All All Consumption Rate/Ton-$0.24 $0.24 How will this affect city programs or services? This will allow the utility to continue to provide reliable high quality water, wastewater, stormwater, reuse water and chilled water service to the City Utility customers. Fiscal Impact: These adjusted rates are in line with the budget projections and were discussed during the budgeting process Alternatives: Not approve the rate adjustments and make appropriate adjustments to the utility budget. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Foto Resolution Page 372 of 431 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, PROVIDING FOR UNIFORM SCHEDULE OF 5 MONTHLY SERVICE CHARGES; PROVIDING FOR 6 UTILITY IMPACT FEES; PROVIDING FOR 7 STORMWATER FEES; PROVIDING FOR REUSE FEES; 8 ESTABLISHING MISCELLANEOUS CHARGES THAT 9 ARE SUFFICIENT TO OPERATE A FINANCIALLY 10 SELF-SUPPORTING UTILITY; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, Ordinance No. 18-020 of the City of Boynton Beach provides for the 15 establishment of utility fees, rates and charges; including miscellaneous service charges, utility 16 capacity fees, and other conditions related to utility services; and 17 WHEREAS, The City of Boynton Beach requires sufficient funds for operation and 18 maintenance, replacement costs, capital improvements and debt service; and 19 WHEREAS, A Uniform Schedule of Charges will be defined and updated from time- 20 to-time by resolution of the City Commission. 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 does hereby find that the Uniform Schedule of 27 Charges, attached hereto as Exhibit"A" and incorporated herein,represents fair and reasonable 28 sums assessed to provide the use or reasonable availability for use, of the services and facilities of 29 the Boynton Beach Utility System, by each user receiving service. 30 Page 373 of 431 31 32 Section 3. This Resolution shall take effect October 1, 2020. 33 PASSED AND ADOPTED this day of , 2020. 34 35 36 CITY OF BOYNTON BEACH,FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor— Ty Penserga 43 44 Commissioner—Woodrow L.Hay 45 46 Commissioner—Justin Katz 47 48 Commissioner—Christine Romelus 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MPA, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 Page 374 of 431 64 EXHIBIT"A" 66 Boynton Beach Utilities Rate Schedule 66 Effective October 1, 2020 67 68 The following tables provide the Boynton Beach Utility Rates, Fees and Charges 69 for the FY 18/19 Budget year. 70 71 No Charge For Potable Water Consumption Charge Location Class Base facility Charge 0-9K gal 10-30Kgal 30-6OKgal >60Kgal /Month /Month I /Month /Month Residential $12.90 $1.72 $3.09 $4.13 $5.09 Inside the City Commercial $25.81 $1.72 $3.09 $4.13 $5.09 Residential $16.14 $2.16 $3.88 $5.16 $6.35 Outside the City Commercial $32.27 $2.16 $3.88 $5.16 $6.35 72 73 No Charge for Wastewater Collection Location Class Accounts with Base facility Consumption /Kgals No Water Charge Max 7Kgals Residential $34.24 $18.95 Inside the City Commercial $34.24 I $18.95 $2.18 Residential $42.83 I $23.73 Outside the City Commercial $42.83 $23.73 $2.73 73 74 Stormwater Fees Utility Location Class Monthly Charge/ERU Stormwater Inside City Both $7.00 76 76 Reuse Water Fees Utility Location Class Charge /Kgal Reuse Water Both Both $0.38 Reuse Water Both Scheduled $0.26 77 Chilled Water Rates Consumption Utility Location Class Charge /Ton Rate Ton-Hour DES Chilled All All $30.00 $0.24 Water Page 375 of 431 Page 376 of 431 12.A. LEGAL 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Proposed Resolution No. R20-093-Approve and authorize the Mayor to sign documents releasing and creating project easements. Explanation of Request: In order to advance the Town Square project, existing temporary access and parking easements will be released and new easements created. These recordable documents require signature by the Mayor and authorization by the City Commission. How will this affect city programs or services? This will facilitate the projects completion. Fiscal Impact: Recording costs Alternatives: I nclude the easement releases and new agreement for easement into a comprehensive amendment to the development documents. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 377 of 431 ATTACHMENTS: Type Description D Resolution Resolution approving release and creation of town square documents D Attachment Termination of Temporary Construction and Parking Easement Agreement- Central Parcel Termination of Temporary Construction and D Attachment Parking Easement Agreement- North Parcel D Attachment Termination of Temporary Construction and Parking Easement Agreement- South Parcel D Attachment Temporary Parking Easement- Central parcel D Attachment Temporary Parking Easement- North Parcel Page 378 of 431 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN 6 DOCUMENTS RELEASING AND CREATING 7 PROJECT EASEMENTS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, in order to advance the Town Square project and facilitate the 11 project's completion, existing temporary access and parking easements will be released and 12 new easements created; and 13 WHEREAS, the recordable documents require the Mayor's signature and the City 14 Commission's authorization. 15 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby approve and authorize the Mayor to sign the documents releasing and creating project 22 easements which shall be in a form subject to final approval by the City Attorney 23 Section 3. Copies of the final documents approved by the City Attorney are attached 24 hereto as Composite Exhibit"A". 25 Section 4. This Resolution will become effective immediately upon passage. 26 S:\CA\RESO\Town Square Easements-Reso.Docx Page 379 of 431 27 PASSED AND ADOPTED this day of September, 2020 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice-Mayor—Ty Penserga 34 35 Commissioner—Justin Katz 36 37 Commissioner—Woodrow L. Hay 38 39 Commissioner— Christina L. Romelus 40 41 VOTE 42 ATTEST: 43 44 45 Crystal Gibson, MMC 46 City Clerk 47 48 49 (Corporate Seal) 50 51 S:\CA\RESO\Town Square Easements-Reso.Docx Page 380 of 431 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMEN °`AEMENT (BTS Central Parcel) ci THIS TERMINATION OF TEMPORARY CONS,TRU��TION Al 'f „`4 TARKING EASEMENT AGREEMENT (this "Agreement")made this ,.s,'��1ay of� ust,2020,by ` # between JKM BTS Central LLC, a Florida limited liability company ("GRA1 OR")"�i q,City of Boynt6fBeach (the "CITY"), a Florida municipal corporation, CFP BOYNTON BE"CH T' � SQUARE iY LC, a Florida limited liability company ("CFP"), and the CIT ,i CFP's ag0pts, sok} `r, loyees, or ,s d4ni a i r rht r contractors; fr5 11"i7 )1 W I T N H : WHEREAS,GRANTOR is the osyl} ' t ` `srtam` � el of real roperty located within the City of Boynton Beach, with a legal descril�t�n as attad ,j�n E � t «A" reinafter referred to as the "Property"); c » =stt t r jt ti Z)„ Ci y Property )' and #?rtt I rr t sR tt t�� , l%, WHEREAS, GRANTOR�ecuted ti _mporary C64# it and Parking Easement Agreement ("Easement") in order to permit C> 1 hand the' 'QTY at th sole cost and expense, to complete the necessary grading and ut)�hy work on tf� t Property compete site preparation of the Property, and for the use of the Property 1ng sv Iph Easeip tx vas recorded in Official Records Book 30300, Page 1261 of the PLc ec''t }' � '' ,Countyorida; and R WHEAS, GRA NTOR, P and the C 'have all agreed to terminate the Easement. h`t 13 NOW, T� � E ` ,in considrtion of the mutual promises contained herein and Ten and no/10 Dole nd other go, an valuable considerations,the receipt, sufficiency,and adequacy of I(qh is hdi" ` ackrt �l�dged,the' rties hereto agree as follows: rt.t�tt N� t�itft11{f 27 1. fo ` aid Fr recitals s „ ue and correct and are incorporated herein. ,I 7 2. Each t �,, ANTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it m" `t avt in the Easement rights set forth in the Easement, and declares the Easement (and any rights gra l thereunder or pursuant thereto)terminated. (Signatures appear on the following pages) t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 381 of 431 Signed and sealed the day and year first above written. GRANTOR JKM BTS Central, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida limited liabili ,, company, its Managerz�F rtFxu� FF,,, Fr r �F FlF} B dam reedman Mai STATE OF FLORIDA FF r,r J � COUNTY OF PALM BEACH ,�4Sa rtYu��tts� r3_�it� f� i yti ,i r+ +z t'J F t The foregoing instrument was acknowledged before e by mens bf a �i,�� presence or ❑ online notarization this day of August, 2020,by, Free cn as 1V'aii � p JKM BTS Capital, LLC,a Florida limited liability company,the Manager of` BTS t�ral,LLC,a Florida limited liability company, on behalf of the companies. He is, kn(A",'it , =;to me or%, s produced as identification. i �•UF� t FF�I FG�Y} f � NOIR'CRY PUBLIC F�I�7 7kS1 �4 1) rf F41 h t�,� 41 OF BOYNTON BEACH J J IS JJ J � t If it"t By, MAYOR STEVEN B. GRANT F7 ATTER t;FF�is t 1t r Jy iIa� �iJ r Approved'� � � orm: 10WO v 4 Ff7 J,hi Jim Cherof, Cityiy t00390076.1 306-9905263) TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 382 of 431 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of Eliysical presence or ❑ online notarization this day of August,2020,by Steve Collins,as Manag of CFP Bo yI Beach Town J Square,LLC,a Florida limited liability company,on behalf of the company,� ,, is persdria1 ' own to me or has produced as identification,,'�t`'t '`� r1,`!4 7} tf }f�P""E j I r �i ni•�r1�j��4S}4}(f 1444474 } �}F � "�s�F�}7 T}��}{} 4 t j ( d I',�TOTAky PUd ii 4 t tl'4 4 J I4 14� i ,4,fS 7d}itf li„tp.: 4 rrt� t�r Ui� 4d�1 aS�4��fiii�t�ti�a 44J Ut `17 �d1n7 I OF ,7 IIIc 4 } r7 F41 {}hr( 41 4 F 04 F yl 44 I 11fSiI � 7 , } 44 F41 � 4 z I s Nit 4 r tl s14s �a>> 'mi�t 41 I i,t t lrf"Yt t}{ 44r i. f�47�s 7 ittf } 44 r7 ..I 1 FIs r4 s1, ��f}f f4iY = 14 4 "I'M q 3 7} 7� 7 f ,JY,7 {00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 383 of 431 EXHIBIT"A" Parcel 3,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. l�f h�Gr'v f�7 n0(}}� if �}t tly tt,�{i Jf f J f b 7 I(ICY y}a{ � � y of (rt rrS�fS#is'1j7 i t��l#i tft}x��;{I I tj(((sift zy;I dt fA04 s 1,}}f Oil, }k y7'3a ",t 7� flc5 tlfff h7'3 7'3 iff471t tIf h Fk 7'31 {tf�. t r rt r 1 }fr tr s' 415 If�I�Grf�4�f�r'ru�r�xril� ftr �i��1s }f ,�' hh II �� �S fX„VS Y � f f Q I f 11 Ili1 '' }�ylt i Jffi n� �I } f �, } 1��f f}IYf tSti� 3 J Fi 1 r1f t f rs 1}i t }r res.C j1Ey;`, yi If i>� 7 f f 9 7f 7� 7 f ,JY,7 t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 384 of 431 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMEN °`� EMENT (BTS North Parcel) b4q,M THIS TERMINATION OF TEMPORARY CONrION A 'f „r4ARKING EASEMENT AGREEMENT (this "Agreement")made this ay ost,2020 by between JKM BTS North,LLC,a Florida limited liability company("GRANTC "),th&X x� of Boynton ch(the fin: "CITY"), a Florida municipal corporation, CFP BOYNTON BEACH I 0)�VN t ,�RE LLC,, Florida � limited liability company("CFP") and the CITY's and Certs, servatfta etractors; rf1 t r� +,Y1 sS if I�ri3rJ d( r, a i� tyfi`r5� T H W I T N F, �,�E tlk WHEREAS,GRANTOR is the owner of that certa, Varcel of foal property located within the City of Boynton Beach, with a legal descripti 'I`��r',�b�d m Mbit "A hereinafter referred to as the "Property"). and 41 „ tr �• tur, 71 rr{ WHEREAS, GRANTORxecutt ,Temporarygtructic ;rid Parking Easement Agreement ("Easement") in order to �permit'" P and""" u` g CITY at tsolea" st and expense, to complete the necessary grading and utility work oiiiiie Prop"d4l, to co ; site preparation of the Property, and for the use of the Property as t ubhc parking;` hich 1 �ent w "recorded in Official Records Book 30300, Page 1252 of the Pubh 'rt +q halm>�dlqh Coultida; and WHERF;� , URANTC �CFP aat�'� �#7 1TY lhave all agreed to terminate the Easement. NOS,(��EREF E, in cod",§ideration of the mutual promises contained herein and Ten and t c r1Ar� s1C no/100($10 00)Irs a or good a y„lluable considerations,the receipt, sufficiency,and adequacy Of whteby act vledged,they partil&s hereto agree as follows: ,00s 7 �1P,�t Us r a r t'r,!I'1 ttcni y`(o `rs f lr ij'...:v 1" ��1 e aid reci� ,� re tr and correct and are incorporated herein. +�k,�}lii tf 2. EaO f,GRANTOR, �( P, and the CITY does hereby release and abandon any right, title or interest that if have in the Easement rights set forth in the Easement, and declares the Easement (and any rights g Lted hereunder or pursuant thereto)terminated. a (Signatures appear on the following pages) t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 385 of 431 Signed and sealed the day and year first above written. GRANTOR JKM BTS North, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida limited liabilifl),Company, its Managerz�F rtFxu�Ft�FF,,, Fr r �F FlF} B dam I ,, reedman Mai STATE OF FLORIDA FF r�rJJ � COUNTY OF PALM BEACH M,i r+ +z The foregoing instrument was acknowledged before e by mens bf a �i,�� presence or El online Ca notarization this day of August, 2020,by 1��i �,,P. Free cas ;p�JKM BTS , �i' ,�ri, lv�att � Capital, , LLC,a Florida limited liability company,the Manager o FF,�,, BTS th LLC,a Flyorida limited liability company, on behalf of the companies. He is, F �1�knd ; o me or has produced �dFr., ��SIltl a it rrt i as identification. i �•UF� t F t itt Ft i4 f� #tk �I{i F0 1 F GAY} f � NOIR'CRY PUBLIC F�I�7 OF BOYNTON BEACH J J t IS JJ J � t If it"t By, MAYOR STEVEN B. GRANT F7 r irJ 'F J;FF�is t 1t r Jy iIa� �iJ r Approved'� � � orm: 4 Ff7 J,hi Jim Cherof, City A�i y t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 386 of 431 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of Eliysical presence or ❑ online notarization this day of August,2020,by Steve Collins,as Manag of CFP Bo yI Beach Town J Square,LLC,a Florida limited liability company,on behalf of the company,� ,, is persdria1 ' own to me or has produced as identification,,'�t`'t '`� r1,`!4 7} tf }f�P""E j I r �i ni•�r1�j��4S}4}(f 1444474 } �}F � "�s�F�}7 T}��}{} 4 t j ( d I',�TOTAky PUd ii 4 t tl'4 4 J I4 14� i ,4,fS 7d}itf li„tp.: 4 rrt� t�r Ui� 4d�1 aS�4��fiii�t�ti�a 44J Ut `17 �d1n7 I OF ,7 IIIc 4 } r7 F41 {}hr( 41 4 F 04 F yl 44 I 11fSiI � 7 , } 44 F41 � 4 z I s Nit 4 r tl s14s �a>> 'mi�t 41 I i,t t lrf"Yt t}{ 44r i. f�47�s 7 ittf } 44 r7 ..I 1 FIs r4 s1, ��f}f f4iY = 14 4 "I'M q 3 7} 7� 7 f ,JY,7 {00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 387 of 431 EXHIBIT"A" Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. l�f h�Gr'v f�7 n0(}}� if �}t tly tt,�{i Jf f J b 7 I(ICY y}a{ � � y of (rt rrS�fS#is'1j7 i t��l#i tft}x��;{I I tj(((sift zy;I dt fA04 s 1,}}f Oil, }k y7'3a ",t 7� flc5 tlfff h7'3 7'3 iff471t tIf h Fk 7'31 {tf�. t r rt r 1 }fr tr s' 415 If�I�Grf�4�f�r'ru�r�xril� ftr �i��1s }f ,�' hh II �� �S fX„VS Y � f f Q I f 11 Ili1 '' }�ylt i Jffi n� �I } f �, } 1��f f}IYf tSti� 3 J Fi 1 r1f t f rs 1}i t }r res.C j1Ey;`, yi If i>� 7 f f 9 7f 7� 7 f ,JY,7 t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 388 of 431 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 561.325.6510 TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEM " T AGiEEMENT (BTS South Parcel) Mai Al THIS TERMINATION OF TEMPORARY C��,,? R,'T ON AND ��„ RKING EASEMENT AGREEMENT (this "Agreement")made this day of A t 2020 by arit� etween �i; � , JKM BTS South,LLC,a Florida limited liability company("GRANTOR the �Y Boynton B ch(the "CITY") a Florida municipal corporation CFP BOYNT �CH TO� S( �� "a Florida , •=5 i{}r X14",0 1t h4 i . limited liability company("C171"'), and the CITY's auditCIP ��e � u ts;� mployee , br contractors; W I T N �5 T H Vill WHEREAS,GRANTOR is the ow� 5 �iertain� � el of rea, roperty located within the City of Boynton Beach with a legal descripttl6n as atta A � einafter referred to as the "Property"); and l 1,rt(rls i t , 4 Sk tt 1'iS`spa WHEREAS, GRANTO,I " ecuted porary Coructia$and Parking Easement Agreement ("Easement") in order to permit C and the;",i3OTY, at th sole cost and expense, to complete the necessary grading and utility work on tfi'Oyroperty,61compl�e site preparation of the Property, and for the use of the Property �t �kmg,w Bch Ease�� p ,fid recorded in Official Records Book 30300, � > +� I}4 1"i r t tti..� Page 1270 of the Puc Rec� c � c �MA County Florida; and WHEIGIRANTOk' FP, and the y have all agreed to terminate the Easement. NOW, TREFJ( �2t in consideration of the mutual promises contained herein and Ten and no/10Q,ItV Do11 d other goad andi'aluable considerations,the receipt, sufficiency,and adequacy of �`r�h is h� �y[ ac vI ed the�li` rties hereto agree as follows: }' 1. z ,afol 'aid recitals'tie and correct and are incorporated herein. 9' 2. Eacha GRANTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it in the Easement rights set forth in the Easement, and declares the Easement (and any rights grari �thereunder or pursuant thereto)terminated. (Signatures appear on the following pages) t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 389 of 431 Signed and sealed the day and year first above written. GRANTOR JKM BTS South, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida limited liabilifl),Company, its Managerz�F rtFxu�Ft�FF,,, Fr r �F FlF} B dam I ,, reedman Mai STATE OF FLORIDA FF r�rJJ � COUNTY OF PALM BEACH ,�4�Sa rtYu��tts��r3_�it� ��,i r t ll tf F r The foregoing instrument was acknowledged before die by mens b `a�� ,�� $ presence or El online notarization this day of August, 2020,by 1 d*1,T. Frees n, as JKM BTS Capital, LLC,a Florida limited liability company,the Manager o FF,, BTSdth LLC,a Florida limited liability company, on behalf of the companies. He is, .j �l�kno�, ;�o me or , s produced �At = .�a t iita a it rrt i as identification. i �•UF� t FF�I FG�Y} f � NO- 'CRY PUBLIC V,ii 41 t SFV FSF}} j`'' -F112 Y OF OF BOYNTON BEACH J J t IS JJ J � t If it"t By, MAYOR STEVEN B. GRANT F7 ATTER J;FF�is t 1t r Jy iIa� �iJ r Approved'� � � orm: 10WO v 4 Ff7 J,hi Jim Cherof, Cityiy t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 390 of 431 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of Eliysical presence or ❑ online notarization this day of August,2020,by Steve Collins,as Manag of CFP Bo yI Beach Town J Square,LLC,a Florida limited liability company,on behalf of the company,� ,, is persdria1 ' own to me or has produced as identification,,'�t`'t '`� r1,`!4 7} tf }f�P""E j I r �i ni•�r1�j��4S}4}(f 1444474 } �}F � "�s�F�}7 T}��}{} 4 t j ( d I',�TOTAky PUd ii 4 t tl'4 4 J I4 14� i ,4,fS 7d}itf li„tp.: 4 rrt� t�r Ui� 4d�1 aS�4��fiii�t�ti�a 44J Ut `17 �d1n7 I OF ,7 s itt Ft}I �t}!� IIIc 4 } r7 F41 {}hr( 41 4 F 04 F yl 44 I 11fSiI � 7 , } 44 F41 � 4 z I s Nit 4 r tl s14s �a>> 'mi�t 41 I i,t t lrf"Yt t}{ 44r i. f�47�s 7 ittf } 44 r7 ..I 1 FIs r4 s1, ��f}f f4iY = 14 4 "I'M q 3 7} 7� 7 f ,JY,7 {00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 391 of 431 EXHIBIT"A" Parcel 7,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. l�f h�Gr'v f�7 n0(}}� if �}t tly tt,�{i Jf f J b 7 I(ICY y}a{ � � y of (rt rrS�fS#is'1j7 i t��l#i tft}x��;{I I tj(((sift zy;I dt fA04 s 1,}}f Oil, }k y7'3a ",t 7� flc5 tlfff h7'3 7'3 iff471t tIf h Fk 7'31 {tf�. t r rt r 1 }fr tr s' 415 If�I�Grf�4�f�r'ru�r�xril� ftr �i��1s }f ,�' hh II �� �S fX„VS Y � f f Q I f 11 Ili1 '' }�ylt i Jffi n� �I } f �, } 1��f f}IYf tSti� 3 J Fi 1 r1f t f rs 1}i t }r res.C j1Ey;`, yi If i>� 7 f f 9 7f 7� 7 f ,JY,7 t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 392 of 431 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel 1D } If t� 11 TEMPORARY PARKING EASEMENT ANT ;4 THIS TEMPORARY PARKING EASEMENT AGI } �� t, s " sement" is made and � ' } ) executed as of August 2020 by and between,,,, My + C, a Florida limited liability company, having an address at 2300 Gla, Suit 202E Boca katon,Florida 33431 47 ("Grantor")and JKM BTS Capital,LLC, a Florida411'ilted liablli,, company, having an address at 2300 Glades Road Suite 202E Boca ? 'tF�orida�V31 ("Roper") and The City of Boynton Beach Florida apolitical su 'ivlslori l Sta bf Flori 100 East Ocean Avenue Boynton Beach, FL 33435 ("City' ). ccCityn). 43, 1 � rftit7 { t WHEREAS Granlpa,and Develpe�r are af ��� ��s and direct or beneficial parties to a March 19, 2018, Development'A "`69� f CityG�and Grantor is the owner of certain property 11111111,1',,located in BoyntonfRph, Palm Beach Florida described on Exhibit A attached hereto and made a part reof(the GraO�or Property"); and WHEREIN}�cth e ' r ntor, Propiirty pursuant to the Development Agreement, will be improvca �jeve�' � with a It sl ential and/or mixed-use project, together with a parking struct T'e the ect' `s}}� �+ d w1Jb`e occupied by tenants to reside or conduct business therein; and SASthe tgrliporary parking spaces provided by this Agreement and a like Easement A' �pment with 7KM BTS North,LLC, a Florida limited liability company, are intended to satisfy the to° r y parking which Developer may hereafter be required to provide to the City with respect to thoXarking structure (the"South Garage")to be constructed upon certain property r; located in Boynton Beach, Palm Beach County, Florida described on Exhibit"B" attached hereto and made a part hereof (the "South Parcel") pursuant to the Developer's Agreement, without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390073.1 306-9905263} 1 Page 393 of 431 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property")for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property") or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and NOW, THEREFORE, in consideration of the mutual covenants andi"ilgibements heretofore made, and in satisfaction of the requirement to provide temporary parki 'g under the,Development Agreement and for other good and valuable consideration the receipt,'4"' d suffici� of which is hereby acknowledged by the parties hereto, Grantor and City hereby ae as follows" y is tii; 1. Recitals. The foregoing recitals are true and correct and a6"', e orporat�into this Easement by reference in their entirety. '; '{�'i'��Ili��,3t4��' �'' i ra s j%it5 lrir��ri��� I ss 2. Parking Easement. a. Parking Easement. Grantor and Develo� �hereby'eablish create and grant to the City a temporary, exclusio, ,�,et for gi ng on' arking areas constructed t and existing from tim '� o time� n th"! 4spriient Property (the "Parking 7 hp5 Easement"). Grantor fh�ishes creafO'Nodgr s the Parking Easement for City to use, withoutment� „any fee o �i{` harg'e the Easement Property for the intended purposes" ytset foil' "(gyp this Ertment. For the avoidance of doubt, the Parking Easement onto ��nclude� Easbment Property and does not include any ri ht to ter a 'c an " "bn of the Grantor Property outside of the g � f Pp Yp� P Y Ea a,U �a, Easement Pr � O b R' ht to Modify�nove or Relocate Parking Easements. Grantor and Developer ��. '411 have Jigp right 1� anY time and from time to time upon 90 days prior written not J „t9t� ity to mo ty, remove and relocate all or any portion of the Parking � 1 faserr7F describelherein to another location, with the consent of the City (which s , C =� " pp sent not be unreasonably withheld), within the Grantor Property (or to an ;1ternative �; erty owned by Grantor or Developer or to an Alternative Property f t 7 procured byo antor or Developer), provided in all events that the City is provided t�e use of at least 300 spaces when taking into account spaces provided by or �„`7 ood b Grantor Developer, or their affiliates at the Grantor Property, the , � Y � p � A4,Ji cent Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390073.1 306-9905263} 2 Page 394 of 431 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. 3. Prohibited Use. The intended use of the Easement Property'els for park log of typical passenger vehicles by City employees, their invitees, and the g eral pubs { }connection with business with the City or attending civic events; for the a',lT, of d8ii ,�1 the City shall not use or park any heavy equipment buses recrettnal v� les, or other tyersized vehicles within the Easement Property. The City will use its'���st 04 ,o prohIit or limit any use not consistent with the intended use. Th,qi,gQ will not �Se tql It e'nt Property to stage any civic or social events. City shall "busing the Easement Property in violation of any law or for any ose otr than` s �a�� Parking Easement. The City will establish and enforcereasonabll' istrictio s assure that minors are permitted on the easement property only when accorri . ed by ' , adult and that animals are �, az:, , �h" prohibited on the easement propel, r�� r whert� pz leash �`'other physical halter. The City will mark or sign the at a froar�i' r lyols°to City facilities to enhance safety and minimize foot tra �IG pveme or't dj arantor or Developer properties. Subject to applicable govnmeritj�,t equire mer ,and "approvals and with the consent of City (which consent sh�ll'�' be wif oY� nably �'h eld), Grantor and/or Developer may post signs on the Grantor Pro ` ty and/' ; e Ekment Property setting forth the rules and u} l;, restrictions for tl 1p p, t e Eas&qent Prd "ty consistent with the terms of this Easement, and the prohibition;O �:1101�pt� z � ofa�{the Grantor Property other than the Easement PF Property. �wr,, 4. Use b,*V{+ "rt-antor an or fie, eloper may continue to use the Easement Property and all other plpr ''t�f tie G antq 'roperty for any lawful purposes that do not unreasonably it with' �e easem�t rights granted herein including the right to improve the Al' asemt areas �� chprovements may include parking Paving sidewalks lighting I �lsca g greei�li,`$Js'aces recreational areas, drive aisles for motor-vehicles, and c6' Ction of the�,',$roject. City shall not interfere in any manner with Grantor's or Dev � r's operations and activities upon the Easement Property. h 5. Maintenx 'e. a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390073.1 306-9905263} 3 Page 395 of 431 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor ani, Developer shall be responsible to perform all Maintenance Obligations as rql t6 y necessary and reasonably required hereby on or at the Easement Propel,Y. e. Standard of Care. To the extent required to beerfor4d by each o " e parties hereto as set forth in this Easement, all Maintenari tp,Oblishall bepformed in a good and workmanlike manner, and in compl'ipce` ;, respect ''with all applicable laws, rules, regulations and oTdiq,,,,ances of d1l" govt m 1'authorities having jurisdiction over the Grantor Pb �'' < '' � ' nt Property. 41 � 6. No Duties of Grantor or Developer. Nitli' rrantor'�r Developer shall have any duty to City whatsoever with respect to the Pari , Easemegt or the Easement Property, including no duty to provide serve ,swhatswer, except infrastructure maintenance as required by 41"d subject� ��t�hose'" it4flons set forth in, Section 5. Furthermore, neither Grant 4{h �i eveloper 1 have 'ny duty to City or any of City's employees, agents contr tors, g i t or invi s to provide security or to monitor the ,V� �.4.. Grantor Property or the Vanent P ' arty in orpr to protect against injury to any person or to safeguard or protect anyf ehicles, rsd al property of any such parties. Neither Grantor nor Devellr1�4a11 have any limb# +whatsoever for any injury to any person or .11(54 r t `'stir r ,,: �r,'' , for any lost Stolen ert 'to City or any of City's employees, agents, contractors rgi s or in-itees Ci y 4 City's employees agents contractors guests and , invitees "'sume all risk of`ip ury to any person and loss (including,but not limited to theft) and dart'`� to an RN their r� 4 e tive vehicles or other personal property, and City, on its own behal4� pi> n behal of it 's employees, agents, contractors, guests, or invitees, g } q hol ;� cantor an :I,Developer harmless from and against any and all damages in onnec, it e Peking Easement including, but not limited to, consequential aget'arising v �btespect to the matters set forth in this Easement.Neither Grantor nor Decker shall hake any obligation to assist (or to cause their employees or agents to assist4ka in collecting and/or removing any vehicles or personal property of City or other PartyEasement Property after the Parking Easement has been terminated. Any vehicles o ersonal property left on the Easement Property after termination of the Parking Easement shall be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390073.1 306-9905263} 4 Page 396 of 431 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. xis, �'` ''�ta a. Default. If City shall be in default under any of the obtgations applicable to it as set forth in this Easement for 72 hours after receipt of ritten nolj� default(or such lesser time in the event of an emergency) g den bC Grantor or I lv ' oper, or if such default shall be of such a nature that theme cap t practicably#'� e cured within such 72 hour period and City shall not wit suca' a od corp, ence the curing of such default and thereafter with diligence'u mpl�t ti f' 'ring of such default, then Grantor and/or Develosteps to cure such default. City shall following tl �,r demands;rwhi ' ��� e accompanied by appropriate supporting documenttit reimbu 1p the Grantor and/or Developer for the City's share of the costs and°� enses i%sonably paid or incurred by Grantor and/or Developer� lz�thi�� isech righ :�'� �iM 7i @ll fstit � tt s} b. Standard of Care fog.,!,, dLBelp. Anthe Grantor or Developer shall perform or cause�'be pe j ed in ex i se o its self-help and cure rights under this Section 8 shal `�' e perfd `� d with t same standards of care, diligence and workmanship as if such acts wi�� ��bem 1performed or caused to be performed by City purs `fit t9r, � obhg tons or d`i f�s hereunder. 9. Estoppel C, Cate. ,City sha i bout charge, at any time, and from time to time, within t x(10) days afte' request therefor, certify by written instrument duly executed, acc lIn c ,delivere tlq r for the benefit of any existing or prospective tenant, sz t, buffer, or r l ee of the Grri'tor Property (or any portion thereof), specify: a at thissem�st is unmodified and in full force and effect (or if there has been , R �,1 4'ptnodificari �'fhat the Easement is in full force and effect as modified and stating the modificahion); ,f� 1 tbor or not there are any existing defaults under this Easement and if so specifying such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390073.1 306-9905263} 5 Page 397 of 431 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. a. The intended and rima use of the Easement Prope as for Cit � ��' primary p ��, � loyee, City invitees, and general public parking, and such use will h e priority ovi ",her uses unless a like number and quality of alternativo'' xkmu', 5>, rovided q!Illi reasonably agreed to by the City in accordance with the " of this easement. The exercise of the rights and privileges ranted her l y sha l�li f r,,, rcised in a manner which does not unreasonabli` rfr� �'�� 4 srup t the normal use ..,, 1 'r s',' business or occupation of the Proj egtlor any if , roverri t r" ted or to be located on the Grantor Property or the Eaei � Proper'1 b. All provisions of this Eased i �` the 6ai m nt ruts hereunder shall run with the land and shall be ba 'ding upon i,ntor its"successors and assigns. The Grantor Property seafter be ` solc ,alip conveyed, operated and leased subject to the eas rents,",* ions c enan s and conditions contained in this , , Easement. it �St� c. All notic ds red��fists oris communications required hereunder shall be in w iting�;x c�` t �f�ogm ed express courier (such as FedEx or United �lsz rt, ' Pari, 1 ilp ;,ervice) k,r via LJnil ' ,'NiStates registered, certified mail, postage prepaid, rurn receipt requ6sted, addressed to each party hereto, as the case may be, at the �441,rd ess fir4t;,hereina �ye.tiprovided or such other address as any party may from If Jae c�esig�atetl"writing to the other. pip �tt. 4�fli t d is Ease�� nta ail be governed by and construed in accordance with the laws of k7 7 1 rSt �II� tie State of ' rda. Venue of any litigation or administrative proceeding shall be exclusively to Palm Beach County, Florida. The prevailing party in any litigation 1�4�0 �ir*4Jsing from the terms of this Easement shall be entitled to recover its reasonable ' , r" ys' fees, both at trial and on appeal, as well as court costs, from the non- preailing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390073.1 306-9905263} 6 Page 398 of 431 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed contemporaneously with this G, Agreement by the parties to address additional temporara�,' �,ng on JKM BTS North, LLC property. g d' Nil, j. City shall not be liable or responsible to Grantor b '' „k nd the more limits specified in Ch. 768.28, Fla. Stat., regardlessof�hethe ,� d liability b ased in tort, contract,indemnity or otherwise; and in no evenf�hallx, � 1e hablfb Grantor for punitive or exemplary damages or fox �,�t profits o � onset�n n '�� amages. [SIGNATURES AND ACKNOw�EDGEN A� ON THE FOLLOWIr ' GES] `�d" rr t ak to 2i r t t d "J kplrttt�?} xJ�, 4 tl 'z aaa(ayt,. rSrrJri r�J;f ti� �, tYj{ortz 1 �, fj thr. fjil4� at,k t' s1 Urjr'1't 71fx' jti tftrP 's s ITMIYN' M, a to }�ii�4O ssil44t jt. i't1 qtr s ilii; I Al n j �. krki�i f'k kr it 'r,t k, k, k a�i to {00390073.1 306-9905263} 7 Page 399 of 431 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS Central, LLC, a Florida limited of: liability company B JKM BTS C *" �LC, a Florida Witness #1 y' l � limited liability compar its e Printed Name: „ Manager ' r BYt)i r d l7aT t i�ztrS Witness #2 Add,"r P an 'eager Printed Name: lU r STATE OF FLORIDA r r'�rr�t COUNTY OF PALM BEACH �� t�f rl;u t i tr �'' "' Ir trk r ()6 t,� The foregoing instrument was ackngW; lged beforerby mi`s of El physical presence or ❑ online notarization, this dad`of A6 $,t 2020, byIrr'r"dam" Freedman, as Manager of JKM BTS Capital, LLC, a Florida lirilif"'liabili`f, mpany, ° Manager of JKM BTS Central, LLC, a Florida limited liability company, onighalf ofh company who (�is personally known to me or(�produced as identification. s 1 r jr'teat 71�f iu� A, �frt i NOTARY PUBLIC' State of Florida , � Print Name ,t,r My Commission expires: r��� Serial No.: .r (SEAL) t,k,t=rrl t,t t, a {00390073.1 306-9905263} 8 Page 400 of 431 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. FreedmM,, anager Witness #2 �a Printed Name: tis i, "Uh STATE OF FLORIDA '; J)'' COUNTY OF PALM BEACH b{ {q, The foregoing instrument was acknowledged be or' ��'� e by m6ps of ❑ physical presence or ❑ online notarization this day of August 2020 b am P edlnan as Manager of JKM BTS Capital, LLC, a Florida limited liab lif iu ofp n �a ehalf �t; ��such company, who (� is personally known to me or (� p ` uced `'1''{�T� �:}�°'' �znas identification. k trtr ��i jaz tr "OTARY PUBLIC, State of Florida I Print Name b 1) I �I 1) My Commission expires: Serial No.: ,r,r,,s (SEAL) ItA�tCt 4s�tl ft y+'' 7 1+�1tf {00390073.1 306-9905263} 9 Page 401 of 431 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By: Steven B. Granor 1 Witness #2 a Printed Name: Attest: 1 e ,r STATE OF FLORIDA }� COUNTY OF PALM BEACH }nr� �' <�,�� z The foregoing instrument wag`, „ owledged ?pre me'i, means of El physical presence or El online notarization this �j day o �'' ust 202 ;� y Steven B. Grant as Mayor of the City of Boynton Beach, Florida, a pohti'01 subdit, on of t� State of Florida who is personally known to me or produced �,�,�� 3�s�(, as identification. e [Notary,,,,,,,� al] � st Notary Public 4 St no 1e r s_ JKP Printed Name: � ' 4�,� �f! I , My commission expires: ',fir s k�a�i to {00390073.1 306-9905263} 10 Page 402 of 431 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 3, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. It R11,11,11,11,l,,.. 4 z fr�ti �i Det, i #j x r it(NO- 16 Wl, r##1 #i Vg I tt tf # si� U d, P,t rx* till,4{ IIII, tr#ji i�ii r ..1Fs'ri {00390073.1 306-9905263} 1 1 Page 403 of 431 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r rl ( u � r 4 z i r tjgr r r�„��?30 #j x r j j r jt(r#j �,3ajj# ruj4Ss4�4r�4i'1# !jj f 77 1 i f tr rj#j fii f #)} fltf`St��i�� �43r�t4 ijjri 7. >�j3r aj(t �rjr�"�.11111�frc r= � r j (t j 5G xtr FI � j4 tf t� r#�14 11 �a fyl rt" }f rt r)r tt }f rt r)r t t�3 rj rt��4 r {00390073.1 306-9905263} 12 Page 404 of 431 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of land being a portion of Parcel 3, BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Northwest corner of said Parcel 3; , Thence North 89°39'57" East(as a basis of bearings), a distance of � ''�fbet to the POINT OF BEGINNING; 4�, ' Thence continue North 89° 39' 57" East, a distance of 71.32 fel, Thence North 00° 20' 03" West, a distance of 9.86 feet-, Thence North 89° 39' 57" East a distance of 56.71 feet The previous four courses and distance being coincident wib the'` rly lits of said Parcel 3; Thence South 00° 20' 03" East, a distance of 2,0�N� � t�4�'4 ISI � { ;I Thence South 89° 40' 29" West a distanc 128.0 '� eet toa p 3��ving 42.87 feet East 9 of and parallel with(as measured at righf'aril� the ,1 line of said Parcel 3 Thence North 00° 20' 03" West alone{ said par I line, a'} st nce of 229.16 feet to the POINT OF BEGINNING. Said lands situate, lying and bet ,,g Sectio nrfowns 4 South Range 43 East City of �3 . Boynton Beach, Palm Beach "` ty, Florida. 1,;f Containing 29902 squares et moi`&br less. ;fa 4 �1 _ U tf l f"f 4)} fhf'St1 y3r 4 NXII apt r t fl 4 i4' f r (� 3 FI �4 tf t� r#�14 psi � it t00390073.1 306-9905263} 13 Page 405 of 431 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-owned aid hired automobiles for limits of not less than $500,000 bodily injury each person, each accid pit"n 500 000 property damage, or $500,000 combined single limit each occurrence/aggregate,,�,` Commercial General Liability M i Bodily injury and property damage liability as shall protect the City"iIq_Gr �r 9m of +i 6 t S ,firxt �„ bodily injury or property damage which arise from the u � r the Easer nt. « irrt0 is of such insurance shall be $2,000,000 per person, $2,000 000 der c1r � �; eneral aggregate limit of$5,000,000.00. This insurance shall inclu }foveragc� or produipleted operation, personal injury liability and contractual liability ass �� d under the indemnity provision of this Easement. z��MT , Z Workers' Compensation Insurance ,,,N ss, t } 11 Meeting the statutory requiremep of Flof 'a and Emp��er Liability of$1,000,000 per accident limit, $1,000,000 disease per policy,IJmit $ � Q 000 d ease each employee limit, providing coverage for employees and owners Professional Liability, n� In an amount oiot less tan $2,({ 000 each claim and $2,000,000 aggregate. pil,dJ�u pi��i `xdr i I f i5i y� I t,�yuiir t00390073.1 306-9905263} 14 Page 406 of 431 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF Mortgagee has executed this Cci''se� "to Easement this day of August, 2020. 4811 ° 4 BI 58 LLC; a Florida limitec�`rbilit , an Signed, sealed and delivered Its r i �ri Witness �,1�3t rkf '1rt��i'1 Print Name I aNliMl�'rIt i Witness 1 Print Name � r STATE OF FLORA COUNTY OF N" � � vis The fore ng I'll, l;," s acknd ,ledged before me by means of ❑ physical presence or ❑ onlineo; t }ization uti his �,`°ft a t, August 2020 by as of BI 58 LLC ; loCa limited ility company, on behalf of such company, who (� is personally known to me b„ produced as identification. jJ11171, Notary Public My Commission expires: t00390073.1 306-9905263} 15 Page 407 of 431 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel 1D JiJi1',�' ir 1 TEMPORARY PARKING EASEMENT A THIS TEMPORARY PARKING EASEMENT Aq �� ( is `� semer�i� �'''� s made and fi executed as of August 2020,by and between J „ BT "W" t' rida limited liability company, having an address at 2300 Glades1i' ' ,, Suite "' ,02E Boca' ' n, Florida 33431 ("Grantor")and JIHIVI BTS Capital,LLC a Florida�l; ted liabilt�company, having an address at 2300 Glades Road Suite 202E Boca, rt oridd't�r �431 (" el,per"), and The City of Boynton Beach, Florida, a political r�,Oilbpiw ision I!# Staf rp Flori 100 East Ocean Avenue, �„ �li��;'is "'�'W, Boynton Beach, FL 33435 ,, h,, J r�tl iars r F ti �7 JUT f ESSE WI X : t t' @1,F,t ; WHEREAS Grd Developer are a11at "and director beneficial parties to a March ?„ City ��d Grantor is the owner of certain property 19, 2018, DevelopT6fi" t located in Boyntcich Pd1 Bea� t� Florida described on Exhibit A attached hereto and made a p ereof(the "Grd*, r Property�'�) and WHER }tlI `Citor Prd � y pursuant to the Development Agreement, will be impro t ' �xl eve�� n r with a r sidefitial and/or mixed-use project, together with a parking str y ,re(the ' o�ect� �' d will PtIioccupied by tenants to reside or conduct business therein; and ,r �I �ii � A the tef'�orary parking spaces provided by this Agreement and a like Easement ement with�'`7KM BTS Central LLC a Florida limited liability company, are intended to sa the temporary parking which Developer may hereafter be required to provide ,,u y P n P g P Y q to the City with re � � "to the parking structure(the"South Garage")to be constructed upon certain property located inii, oynton Beach,Palm Beach County,Florida described on Exhibit"B"attached hereto and made a part hereof(the"South Parcel")pursuant to the Developer's Agreement,without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390070.1 306-9905263} 1 Page 408 of 431 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property")for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property") or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and NOW, THEREFORE, in consideration of the mutual covenantsii a' ments heretofore made, and in satisfaction of the requirement to provide temporary par 'ng under the,Development Agreement, and for other good and valuable consideration, the receip, nd suffigj ,of which is hereby acknowledged by the parties hereto Grantor and City h � eby aee as follows � 1. Recitals. The foregoing recitals are true and correct and a� ;here' orporatto this Easement by reference in their entirety. j ;`i. 7} ll'I1717(i�i � ( ttz Ttkr� i 7 , ll 2. Parkin Easement. l�I `' s �� f , t> , t�.r a. Parking Easement. Grantor al Develop,herebyablish create and grant to the City a temporary, exclus , i ' i ;1 for' ing onparking areas constructed and existing from tlr�6 to timen tf 'Easemiit Property (the "Parking Easement"). Granlr� §0lishes cread gr "'` "the Parking Easement for City to use, withou�,,,�ymenf anyfee e Easement Property for the intended purposes „set forth� n this Easment. For the avoidance of doubt the Parking Easement on ��nclud�� `lif e as `}ent Property and does not include any 3t lt e right tQI�r" jiO�T, iter up any of the Grantor Property outside of the EaSpentPiC �r1 , b ,i ht to odif -move or Relocate Parking Easements. Grantor and Developer 'AA4,1 have 6hg right,'#ny time and from time to time, upon 90 days prior written not " itto moremove and relocate all or any portion of the Parking xr ki�'4 rkit h t F�aserrt� describecller ein to another location with the consent of the City (which , {nsent's, not reasonably withheld), within the Grantor Property (or to an lternativeprty owned by Grantor or Developer or to an Alternative Property �t'r'procured by 'antor or Developer) provided in all events that the City is provided �e use of at least 300 spaces when taking into account spaces provided by or 0ioppred by Grantor, Developer, or their affiliates at the Grantor Property, the Ad1"' nt Property, and any Alternative Property. ,, c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390070.1 306-9905263} 2 Page 409 of 431 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. 3. Prohibited Use. The intended use of the Easement Prope,' is for parking of typical passenger vehicles by City employees their invitees and theneral puconnection with business with the City or attending civic events the adance of d , the City shall not use or park any heavy equipment, buses, recrea Anal V �cles or other'''s ;ersized vehicles within the Easement Property. The City will use it§I est A I psl to pror limit any use not consistent with the intended use. will no's"pse thbl " ti'Property to stage any civic or social events. Cityha11 fid using the Easement �S}Yl+ }tS + ��+J� al i 4 4 Property in violation of any law or for ani; �a pose of than ' ��,YParking Easement. The City will establish and enforce reasona'ii" ,�strictis assure that rrifnors are permitted on the easement property only when accoriY g, . by adult and that animals are ' � rte �� t prohibited on the easement prop,016' ' wheh�, leash' ether physical halter. The City will mark or sign the w �ways fro i"," pari lots to City facilities to enhance safety and minimize foot t a�� t7�iovement ofibW ache, A antor or Developer properties. Subject to applicable pp rnmenfp ��nd ap equiremen ` rovals and with the consent of City (which consent shall fit be unxgonably vthheld), Grantor and/or Developer may post signs on theGrantor Pro ty all tkie Easment Property setting forth the rules and restrictions fo � e Eas�et en t Pr , +e'onsistent with the terms of this Easement and the progbition ,,oug ,f' s1� s of t ` Grantor Property other than the Easement Property,z,,J,5` 'k, rt3, 4 d1p, err>. 4. Use C ``�antor ,� rrantor t,rDeveloper may continue to use the Easement Property and �,,_'' '� al Qther p� or of the G anto operty for any lawful purposes that do not unreasonably i � with' tie easement rights granted herein, including the right to improve the t� t tt�r rar,lr ,; M semen areas; ,�k�ich irp Movements may include parking paving sidewalks lighting sca ng gree, '; e'es, recreational areas, drive aisles for motor-vehicles, and c Vion of the roject. City shall not interfere in any manner with Grantors or Dev hr's operations and activities upon the Easement Property. 5. Maintent� a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390070.1 306-9905263} 3 Page 410 of 431 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor and Developer shall be responsible to perform all Maintenance Obligations as,,ii, so "Ably necessary and reasonably required hereby on or at the Easement ProF rty. e. Standard of Care. To the extent required to b � erfo�led by eachparties hereto as set forth in this Easement, all Maintefian&,�Obli 1*1, s shall be� # ormed in a good and workmanlike manner, and in comance ,'�' �1 respectsr� 'with all applicable laws, rules, regulations and) ig nces of" s gove tithorities having jurisdiction over the Grantor„tP�rop � a� "� �rnt Property. Ulil 6. No Duties of Grantor or Developer. Neithf r rrantor Igor Developerall have any duty to City whatsoever with respect tg the Par Yl r Easem`t or the Easement Property, including no duty to provide 1 li�"�, ser � $ whatS ,tr except infrastructure maintenance as required bye )4� d subjec � hos�'r � itatid s set forth in, Section 5. Furthermore neither Granth r r Developer s" l havot� ,' rduty to City or any of City's 3��x r� (w employees, agents, conlrictors, �� is or invit to provide security or to monitor the Grantor Property or the Ea" � e 1 rty in or to protect against injury to any person or to safeguard or protect ani I, ehicle 'lproperty of any such parties. Neither � , Grantor nor D ,' <t� �ll hav , ny haypvhatsoever for any injury to any person or for any lose stolen q d � , ertY,rifb City or any of City's employees agents contract ; gusts or tyiteesCity's employees, agents, contractors, guests, and invite9�4ssume all risk 61' njury to any person and loss (including,but not limited to theft) and da�iitj to antfgf their � ective vehicles or other personal property, and City, on its qvp behalla' �bn b'ehal of s employees, agents, contractors, guests, or invitees, �� ag �� ho' C, xantor and,TDe eloper harmless from and against any and all damages in r'AR; �I «,:. r�r=,}, � onnecn wits e Pa `fig Easement including, but not limited to, consequential age ''arising ect to the matters set forth in this Easement.Neither Grantor nor , ? g g ,' 13Kd er shall hav `any obligation to assist (or to cause their employees or agents to assist �t�'��ty in collecting and/or removing any vehicles or personal property of City or other Party fthe Easement Property after the Parking Easement has been terminated. Any vehicles orisonal property left on the Easement Property after termination of the Parking Easement ia11 be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390070.1 306-9905263} 4 Page 411 of 431 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. a. Default. If City shall be in default under any of theoigationsap 'cable to it as set forth in this Easement for 72 hours after receipt of' vritten notil , default(or such lesser time in the event of an emergency) iven b {��Grantor or doper or if such default shall be of such a nature that tle �xne c��t practicably cured DO r,; within such 72 hour period and City shall not with su, �t� Fiod comnn nce the curing of such default and thereafter wi l diligence pt' WApq, of such �� ,t� default then Grantor and/or Devel per r ' t;�1 �� Coate steps to cure such default. City shall, following, f, demand;„(wh l�'s1f l " �je accompanied by appropriate supporting documentatf, reimbu'f e the Granto and/or Developer for the City's share of the eosts and`Ift ises * sonably paid or incurred by Grantor and/or Develope, { ; f cise cIr -ch rigllly ,`,, f I)} IF 7 ff j, 4 b. Standard of Care car , Help. Any'# 's whhi' tfYre Grantor or Developer shall perform or cau ;fO be peed in ex&fuse of, s self-help and cure rights under this Section 8 se perf ' '*d with tlt same standards of care diligence and workmanship as if subracts v�" �, eing� erformed or caused to be performed by City pu"rTrt ifs obhg ons or Cie 'iereunder. 9. Estoppe + erf4ficate: � ,City sha� � out charge, at any time and from time to time, within'fin (10) days afters fequest therefor, certify by written instrument duly executed ackrovfed an eliveredhkfo or for the benefit of any existing or prospective tenant, buyer, or n ,� ee df the Grantor Property (or any portion thereof), specify: „t ai�t 4tttt h aat th' '"`� y unmodified and in full force and effect (or if there has been fr�ra emer �"� octhe Easement is in full force and effect as modified and stating + the mod ificat 'n); b � fherx or not there are any existing defaults under this Easement and if so, sped � ing such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390070.1 306-9905263} 5 Page 412 of 431 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. a. The intended and primary use of the Easement Prope ivy is for City coyee, City invitees, and general public parking, and such uwill��h e priority ovISA;,,; ther uses it unless a like number and quality of alternative >> rking',�trovided at Wf !pcation reasonably agreed to by the City in accordance wi the f of this E jai ement. The exercise of the rights and privilelsnted her, y shalli"' sed in a manner which does not unreasonably inti + '�t � pr d1 srupt t e normal use, business or occupation of the PrQ}, qt or any f�tlrove'rh � � ated or to be located on the Grantor Property or the Easeffi,,;t Propei�� ?,• b. All provisions of this E h fit` the ' tient rigl Thereunder shall run with the land and shall bei ending upo�i ,z� ntor its successors and assigns. The Grantor Property Slfa '� ereafter be sole '? tinveyed, operated and leased subject to the e ntsit and conditions contained in this , rictions � na Easement r '`i c. All notu� ° �3�1n ds re'44ests or'� "'communications required hereunder shall ;� orf # Iry 1 h t be iia>writm � 'rixogmz express courier (such as FedEx or United ifIPdel'" erviceNtr viarli�l �;� tates registered certified mail postage prepaid turn receipt requested addressed to each party hereto as the case may be at the tti fiAf cess fit,hereina eve provided or such other address as any party may from tiara t t � e d`esignate i , riting to the other. Rt ai�t 4ittt h}r�r3t !!77t ItR ,�. 4U� ''f d i4 its Ea � tit sh be governed by and construed in accordance with the laws of 00, ` State ofa. Venue of any litigation or administrative proceeding shall be , ' a�r�' ' �''exclusively iOlf alm Beach County, Florida. The prevailing party in any litigation rr, sing from the terms of this Easement shall be entitled to recover its reasonable a ''nes fees, both at trial and on appeal, as well as court costs, from the non- pre � iE�ing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390070.1 306-9905263} 6 Page 413 of 431 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed contemp' aneously with this Agreement by the parties to address additional temporg, "p ing on JKM BTS Central, LLC property. 'T r M J� j. City shall not be liable or responsible to Grp Ator the mohy limits specified in Ch. 768.28 Fla. Stat. regardless'o 'Wiethe : ` id liability b'' lsed in tort, contract,indemnity or otherwise; and in no everhal be liable t1Crrantor for unitive or exemplary damageses+or .h�4 l � LAn i�u II,C Bna esf � . j}l [SIGNATURES AND ACKNQW! ,EDG>� N {" s2 ON THE FOLLOWINGI, GES] rr X17 ta` lt�x� �ti'�1y ;� (Oxy,( Ir{f'tl�l r`rtl�f �7Iri�t 1'I 11 �?pp tlk P ),jk IJI' }�1 1 IIJ}i t Y} "AM ( � 1 tiii s n�� 4 ( 1�tF t tt'1� i, r yrs i 1 t � i li 'rTlr �1 1 i 1�. ?� j�1 trl 1�,S• 1 EJ{J ,. IlI1fiJ��i JJJJlIIrn'i,... Ih11 r�� I, {00390070.1 306-9905263} / Page 414 of 431 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS North, LLC, a Florida limited of: liability company Witness #1 By: JKM BTS ' pital," 'l LC, a Florida limited liaq �ility compa its Printed Name: a yC£ Manager Witness #2 y Adam P nan, MaOdldger Printed Name: ;£ c c �J 5 44i } tt STATE OF FLORIDA ' ,{ COUNTY OF PALM BEACH fr £tY l�iii tc f lFll{ / dszrz The foregoing instrument was ackti-`M* ,dged �,£by rriRf El physical presence or El online notarization this of Ait`ji t2020 by� lam '`Freedman as Manager of JKM BTS Capital LLC a Florida fimitl habiliktompany Manager of JKM BTS North, LLC, a 77-Florida limited liability company, on',behalf o 06h cornil,any who (�is personally known to me or(_)produced ��£';','7;`�,£�„£��,,,� ��1��=r. '"£� � it��£��,. as identification. 771 a ££ NOTARY PUBLIC, State of Florida II si'� tsf ,, W'i, �y f{ Jn�� �'� S - �ta 4 �s� r,�� �,� ��� , ��f Print Name A l t£t2 U My Commission expires: �;J{ l�i7xJ�i It Serial No.: (SEAL) JJJJJ'1£`� ,... tar; {00390070.1 306-9905263} 8 Page 415 of 431 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Freed I �,i Manager IM Witness #2 �� Printed Name: 4 tk ( { I I 4 liar STATE OF FLORIDA COUNTY OF PALM BEACH �y{ I ��;ft�h The foregoing instrument was acknowledged bef6A*,e by m6 is of ❑ physical presence or ❑ online notarization this day of Aug ',,',l,020P ' ',eedman, as Manager of JKM BTS Capital, LLC, a Florida limited 1i t t it,any, tdl ehalf "'if ch company, who is personally ersonallknown to me or / duced � � t as i �, {,l:;:., identification. �� � �� Itti tyylff, rr I isi � rrir �I.�wi iat� �r fa ft Y PUBLIC, State of Florida i (' it Print Name 'Affll My Commission expires: Serial No.: (SEAL) it(4i s sr{4 �s� f7,,t u�t4i is !s ��4t 1 EY ,s {00390070.1 306-9905263} 9 Page 416 of 431 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By: Steven B. Grape or Witness #2 Printed Name: s;I+ra �jit�a Attest f, 77 Cx �,,� z n..., i STATE OF FLORIDA COUNTY OF PALM BEACH �;�� t�t�7�7 pfd lli��! The foregoing instrumentlwas Powledged yore meSSS means of ❑ physical presence ,, �)if , t or ❑ online notarization, this t day of=� gust, 202611 Steen B. Grant, as Mayor of the City of Boynton Beach, Florida, a polii I subon of t V'State of Florida, who is personally known to me or proed as identification. i n�hi§i7t+ ��7tJ f{ tjf ZI lit 1101 atFl,S''ra [Nott feal] � Notary Public r Printed Name: k`� ti�f�l My commission expires: r tt r4�asl nu). 1 � lJJJ1t1 1 {00390070.1 306-9905263} 10 Page 417 of 431 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. "00", Ali JJ C f hi�1, { t CJS l..i r �t i�ixf�'.`S�117i 51 1{if�i�,s�r➢p rr`r rr i z r 'r, t c �t,�tj r� r 3a t�iT �,itY k ,f}jrt r)r r of S f,€ fj bS�ff>a t#�t74 � �('f44k It.. ��Nip, f� ;7 7 Wj t� 1 j ih �41G �t kr kif. f"M 7 kr krL�Nl kr L kr � 11, s1 {00390070.1 306-9905263} 1 1 Page 418 of 431 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. "00", Ali C f }t1+ hist. ( 7 71) II r �t i�ixf�'.`S�117i 5�1{if�i�,s�r➢p� rr`r r 'r, 7 kit}�t�� +ati��Iti r t�tr i,�� s(�t�iit r7SJ� t�y(�it,t ' } 7 tt t�tiki�l,�, r'�Ji,4 rJ, I r};11k7 if W s }�)�(nrJ�Ct�t t# ttt t 7 t•.;, r }ttf 11� ,IUM,7�a 4 t7j}I s ,.perr�rtr!. ltis.. {00390070.1 306-9905263} 12 Page 419 of 431 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of landing being a portion of Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Southwest corner of said Parcel 2; Thence North 00°20'03" West (as a basis of bearings) along the Westor""'most'West line of said Parcel 2, a distance of 30.30' to the POINT OF BEGINNING; { Thence continue North 00° 20' 03" West along said Westernmost We t line, a t isf ngg of 24.00 feet; #� �p�,,o Thence North 89°40'29" East a distance of 29.40 feet to a point lying 5 Det East of an '�parallel with (as measured at right angles)the Easternmost West line of saic�''Prce Thence North 00° 19' 56" West along said parallel lines,, of 2 00 feet; Thence North 89° 40' 29" East, a distance of 247 13 5�feett Thence North 00° 19' 31" West, a distance of 16 1fl to a�I int being on'" e North line of said Parcel 2; Thence North 89° 16' 40" East along said Npk ane a once of 5 feet; I�� Thence South 00° 19' 31" East a distance 1:` ;,r pint of"turvature of a circular curve to the right; t ;!rr.z a;t Thence Southerly and Westerly along fhtr rc of said c*,e ha�i,hg a radius of 40.00 feet, a central angle of 67'19'05, for a distance 447.00 t sr Thence South 00° 19' 56" East, a di'"'since of�� 09 fe Thence North 89° 40' 29" East a dista pe of 1 � tet to a point being on the East line of said Parcel 2 9 s �ittjt+ {i4{ !3t(r1 Thence South Ol° 2 ',�O5" Eat,alo � t `,,# t, ne a distance of 24.00 feet; o ii n xie,'7f Thence South 89ra, 0 2 West „distance of 1 .11 feet; Thence South 20' 03")Fast, a div' Mance of 20.37 feet; Thence Soutli"804#� 9' 57}'," a ,r l est a,distze of 56.71 feet; Thence S, Q0° {�� " East a istance of 9.86 feet; T t3 I, . Then ,` out ° 39' ; ;�' West 'tistance of 71.32 feet; Not, proc ling thrt pAes and distance coinciding with the Southern limits of said Parcel ii -tif71 f1Af Thence No'*,900 0° 20' 03" West a distance of 30.25 feet; Thence South" :fir 40' 29" West a distance of 303.76 feet to the POINT OF BEGINNING. Said lands situate;�',�tng and being Section 28, Township 45 South,Range 43 East, City of Boynton Beach, Palm Bead County, Florida. Containing 1.89 acres more or less. t00390070.1 306-9905263} 13 Page 420 of 431 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $500,000 bodily injury each person, each accident and$500,000 property damage, or $500,000 combined single limit each occurrence/aggregate. Commercial General Liability t f 4J s4 4 ,k Bodily injury and property damage liability as shall protect the I ity or' `rO ntor from C-1s of �4 i , t, bodily injury or property damage which arise from the use of tie #sem � he amoun 7 of such insurance shall be $2,000,000 per person, $2,000,000 per occurrenc ;4ndi0g1, regate limit of$5 000 000.00. This insurance shall include co pr� �produIs/compl'etied operation 4,4 mg personal injury liability and contractual liability ass4medqeFi � xY provision of this r t 4„ �i,,,�n44,4 Easement. 4 4 4 �4 ,r 4 Workers' Compensation Insurance''; II 1p t it�144�4 ii ftr ( Y t SUt�, �ts r t 474 Meeting the statutory requirements off orida anility of$1,000,000 per accident limit, $1,000,000 disease per policy limJ j�$1,000,000 t c base ch employee limit providing coverage for employees and owp 4 ss 44, Professional Liability Insurance ,4,�4 t,} 441 tz4 .e��lt iti 4is 147 �74st�u�� t In an amount of not,l'0§_§than�`�: , O� ;C �� it{ tt,claim and $2,000,000 aggregate. 4 4� St �1 4 , if, 4 44U 44 �j4i f�°?i. j ill X474 �4i ,ftt 1 slkr� �} kr kif.� p0ii 4 7 kr krL�Nl kr L krG 4 f� kr 4 �t 14 4r. s1 ry4,r t00390070.1 306-9905263} 14 Page 421 of 431 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this Cons „to Easement this day of August, 2020. Ah' BI 58 LLC a Florida limitdi4 abil Signed, sealed and delivered 1 si t•, r �e —g Witness S''ii� t e t t t Print Name r fIirror 'Ji,,4 XV Yrt z 4> Witness Print Name F�IV”,', STATE OF FLORIDAN' COUNTY OF The foregoiackn ledged before me by means of Elphysical presence or ❑ �{ i' # ;;this ' ; , day q "'�ugust, 2020 by as of online n trizatit BI 58 L '� �, Flori limitedi� ility company, on behalf of such company, who (� is personally sty, known to mds 5'r)produced ,r`�t1`` as identification. k,�ala s1 Notary Public My Commission expires: t00390070.1 306-9905263} 15 Page 422 of 431 13.A. FUTURE AGENDA ITEMS 9/1/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 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 423 of 431 13.B. FUTURE AGENDA ITEMS 9/1/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 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 424 of 431 13.C. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - 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 425 of 431 13.D. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Mayor Grant requested to have a discussion regarding a utilities sustainability program. - 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 426 of 431 13.E. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program- 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 427 of 431 13.F. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Public Hearing for Conditional Use application (COUS 20-002)for Exotic Mortorworks, to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1st Street- September 15, 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 428 of 431 13.G. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Public Hearing - Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR) and Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential - September 15, 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 429 of 431 13.H. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development- a new mixed use development in the downtown core- October 6, 2020 (as currently scheduled) 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 430 of 431 13.1. FUTURE AGENDA ITEMS 9/11/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/1/2020 Requested Action by Commission: At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 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 431 of 431