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Agenda 11-17-20
The City of wr Boynton Beach y City Commission Agenda Tuesday, November 17, 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. -to- die,,C0 www.boynton-beach.org Page 1 of 1299 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 November 17, 2020 or calling (561) 742-6006 and leaving a message on the public comment Page 2 of 1299 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 1299 1. Openings A. Call to Order - Mayor Steven B. Grant Invocation by Father Dan Fink of St. Mark's Catholic Church Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding "Light-Up Downtown Boynton," an installation of holiday lights along Ocean Avenue. B. The new art mural for Fire Station #1 will be unveiled at 4 pm on Thursday, November 19, 2020. The public is welcome. CDC guidelines will be followed. C. Proclaim November 28, 2020 as Small Business Saturday. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the renewal of Datrium ControlShift SaaS system from BlueAlly in the amount of $17,999.10. B. Proposed Resolution No. R20-123- Approve and authorize the Mayor to sign updated inter- local agreement between the City of Boynton Beach and the Solid Waste Authority of Palm Beach County (SWA) which includes the required language as mandated in CS/House Bill 73 regarding reduction in contamination of residential recycling collection and processing. C. Accept fourth quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY19/20. D. Proposed Resolution No. R20-124 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Page 4 of 1299 Attorney. E. Proposed Resolution No. R20-125- Accept a permanent drainage easement to receive discharge from the Industrial Way drainage system and authorize the recording of the easement with a lump sum payment of $12,500.00 to Boynton Beach Distribution Center Master Association for acquisition of the easement. F. Accept the written report to the Commission for purchases over $10,000 for the month of October 2020. G. Approve minutes from the City Commission meeting on October 20, 2020. 7. Consent Bids And Purchases Over$100,000 A. Proposed Resolution No. R20-126-Authorize the City Manager to sign a piggyback agreement with ETR L.L.C. for one (1) International/ETR medium fire rescue in the amount of $410,998.00. This unit utilizes the Florida Sheriffs FSA20-VEF 14.01 contract. The Florida Sheriffs contract satisfies the City's procurement requirements. Proposed Resolution No. R20-127-Authorize the City Manager to sign a piggyback agreement with Ten-8 for one (1) skeeter fire brush truck in the amount of $254,747.93. The unit utilizes the FSA20-VEF 14.02 contract. The Florida Sheriffs contract satisfies the City's procurement requirements. Proposed Resolution No. R20-128-Authorize the City Manager to sign a piggyback agreement with Sutphen for one (1) custom pumper fire apparatus in the amount of $724,100.00. This unit utilizes the Sourcewell contract #022818-SUT. The Sourcewell contract satisfies the City's procurement requirements. B. Approve an increase to the estimated annual expenditure with Routeware Inc to $160,000 due to additional equipment and repair/replacement of existing equipment. C. Authorize the City to issue a purchase order to pay the third-year payment to Software House International in the amount of $190,403.28 for the City's Microsoft Enterprise Agreement utilizing the State of Florida Contract number 43230000-15-02. D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for November 17, 2020- "Request for Extensions and/or Piggybacks." 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission Meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of Page 5 of 1299 commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) D. Proposed Ordinance No. 20-038 - Second Reading - Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low(MXL). Applicant: Elisabeth Roque/ Wells Landing Apartments LLC Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elisabeth Roque/ Wells Landing Apartments LLC E. Approve Wells Landing North (NWSP 20-004) for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. (Tabled from the November 4, 2020 Commission meeting.) F. Proposed Ordinance No. 20-040 - Second Reading - Request for abandonment of a portion of the unimproved 30 foot wide right-of-way of NE 1St Street running north and south from NE 11th Avenue south approximately 150 feet(ABAN 21-002) Proposed Ordinance No. 20-041 - Second Reading - Request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). G. Approve Wells Landing South (NWSP 20-005) New Site Plan for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC (Tabled from the November 4, 2020 Commission meeting.) H. Proposed Ordinance No. 20-042 - Second Reading - Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. I. Proposed Ordinance No. 20-043 - First Reading - Request for abandonment of a portion of the SW 6th Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 SW 25th Avenue (ABAN 20-010). 9. City Manager's Report A. Discuss potential ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-129- Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit and the City. Proposed Resolution No. R20-130- Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC White Collar Unit and the City. 12. Legal - None 13. Future Agenda Items A. City Manager's Annual Performance Review- December 1, 2020 Page 6 of 1299 B. ILA for Women's Club transfer to the City - December 2020 C. Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 D. Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD E. Discussion on funding for expanding Wi-Fi to City parks. - TBD F. ILA for Sara Sims Park Pavilion I mprovements- TBD G. Discussion of LOI process for sale of city land - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 1299 1.A. OPENING ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Father Dan Fink of St. Mark's Catholic Church Pledge of Allegiance to the Flag led by Commissioner Woodrow L. Hay Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: Page 8 of 1299 2.A. OTHER 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 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 APPLICATION: Is this a grant? Grant Amount: Page 9 of 1299 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding "Light-Up Downtown Boynton," an installation of holiday lights along Ocean Avenue. Explanation of Request: The City of Boynton Beach's 50th Annual Holiday Parade has been cancelled due to COVID-19.As an alternative and safe program for the community to celebrate the upcoming holiday season, the City will "Light-Up Downtown Boynton" by decorating the Kapok tree, the Banyan trees and 18 light poles. The Boynton Beach Community Redevelopment Agency will light up the Kapok tree in Dewey Park. How will this affect city programs or services? Support services will be provided by City Departments, such as Public Works, Fire and Police. Fiscal Impact: Budgeted The City will utilize the $25,000 allocated for the 2020 Holiday Parade to "Light-Up Downtown Boynton" in December of 2020. It is staff's recommendation to further develop the "Light-Up Downtown Boynton" campaign in coming years and budget accordingly. Alternatives: Do not announce "Light-Up Downtown Boynton." Strategic Plan: Redevelop Downtown, Boynton Beach Branding Strategic Plan Application: "Light-Up Downtown Boynton" will bring residents and visitors to the downtown area. The City's restaurants and businesses in the area will see increased business. CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 10 of 1299 Page 11 of 1299 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: The new art mural for Fire Station#1 will be unveiled at 4 pm on Thursday, November 19, 2020. The public is welcome. CDC guidelines will be followed. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 12 of 1299 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proclaim November 28, 2020 as Small Business Saturday. Explanation of Request: Small Business Saturday®was created in 2010 in response to small business owners' most pressing need: more customers. Falling between Black Friday and Cyber Monday, it's a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. It has since become a well-known, celebrated event on the nation's calendar with support from elected officials and public and private organizations. How will this affect city programs or services? N/A Fiscal Impact: None Alternatives: Not to proclaim November 28, 2020 as Small Business Saturday. Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation - Small Business Saturday Page 13 of 1299 /1&w/ a6a Proelambition WHEREAS,the City of Boynton Beach,celebrates our local small businesses and the contributions they make to our local economy and community;according to the United States Small Business Administration,there are currently 31.7 million small businesses in the United States,they represent 99.9%of all firms with paid employees in the United States,are responsible for 65.1%of net new jobs created from 2000 to 2019;and WHEREAS,small businesses employ 47.1%of the employees in the private sector in the United States,62%of U.S.small businesses reported that they need to see consumer spending return to pre-COVID levels by the end of 2020 in order to stay in business,65%of U.S.small business owners said it would be most helpful to their business to have their"regulars"return and start making purchases again,and three-quarters of U.S.consumers are currently looking for ways to Shop Small®and support their community;and WHEREAS, 96% of consumers who shopped on Small Business Saturday® agree that shopping at small, independently-owned businesses supports their commitment to making purchases that have a positive social,economic,and environmental impact and 97% of consumers who shopped on Small Business Saturday agree that small businesses are essential to their community;and WHEREAS,the City of Boynton Beach,Florida supports our local businesses that create jobs,boost our local economy and preserve our neighborhoods;and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach do hereby proclaim,November 28,2020,as: SMALL BUSINESS SATURDAY And urge the residents of our community,and communities across the country,to support small businesses and merchants on Small Business Saturday and throughout the year. IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 17th day of November,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 5.A. ADMINISTRATIVE 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible. Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for November 17, 2020 Attachment Gaud, Victor Page 15 of 1299 Appointments and Applicants for November 17, 2020 Building Board of Adjustments and Appeals IV Penserga Alt 2 yr term to 3/22 (Tabled 2)* Mayor Grant Reg 2 yr term to 3/22 (Tabled 2) I Katz Reg 2 yr term to 3/22 (Tabled 2) Applicants: None Education and Youth Advisory Board Mayor Grant STU V 2 yr term to 3/22 (Tabled 2) Applicants: None Library Board III Romelus Alt 2 yr term to 3/21 (Tabled 2) IV Penserga Alt 2 yr term to 3/22 (Tabled 2) Applicant: Gaud, Victor *All terms were updated from ending in December to ending in March, reflecting the extension provided by Ordinance No.20-016 Page 16 of 1299 Cher -Guberman, Catherine From: vmgaud <noreply@123formbuilder.io> Sent: Saturday, October 10, 2020 12:47 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: VMGCRphd.docx Today's date 10/10/2020 Name Victor Gaud Phone number 954-242-7187 Address 253 Lake Monterey Cir Boynton Beach FL 33426 United States Email vmgaud@gmail.com Current occupation or, if retired, prior Internal Auditor occupation Education MBA Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within CityNo limits? If"yes",name of N/A business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes",which N/A board(s)and when. Have you ever been No convicted of a crime? If"yes",when and N/A where? Page 17 of 1299 Advisory Board Library Board Personal Experience Qualifications Staff Internal Auditor I NCCI Holdings, Inc I February 2020—Present Supports the External Auditors in their annual financial audit. Grant Analyst I ICF I december 2018—july 2019 Associate I BDO I july 2018—december 2018 Analyst I AON, Inc. I april 2017—July 2018 Loan support I Sun West Financial Services International, Inc. I December 2015—March 2017 Service&Credit officer I Puerto Rico Federal credit union I September 2015—Decemeber 2015 Bank representative I Banco popular of Puerto rico I May 2014—September 2015 Financial Advisor) Massmutual financial group puerto rico jJune 2013—May 2014 Professional Extra-Curricular Activities Memberships Member of Mises Institute Member from 2016 to Present Member and part of the Directive Board of ALPFA Inter Metro Vocal from 2013 to 2016 Member and part of the Directive Board of Association for Finance Students Secretary of Association for Finance Students from 2013 to 2014 Member of Association for Accounting Students Member from 2014 to 2015 Member of Chamber of Commerce University Chapters, Inter Metro - Member from 2014 to 2015 Feel free to attach/upload an httos://www.123formbuilder.,com/u,pload d,ld.,php?fileid=5baf88fe7a967440bbb7bl67b2682ld8 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 45.25.157.40(United States)at 2020-10-10 11:46:46 on Chrome 85.0.4183.121 Entry ID:407 Referrer: tt s: .boynton-beach.org Form Host:httr s;llww .123forrn uiider.crsr 'forrn-583214 isorE3oard- p -Application 2 Page 18 of 1299 Vr ictor M. Gaud Cabrera (954)242-7187 1 vmgaud@gmail.com I httos://Dr.linkedin.cQmliulyictQrmgaud 1253 Monterey Cir,Boynton Beach,FL 33426 Education PHD IN BUSINESS&MANAGEMENT DEVELOPMENT I INTERAMERICAN UNIVERSITY OF PUERTO RICO Major:Interregional and International Business Dissertation proposal in process MASTER'S IN BUSINESS ADMINISTRATION I INTERAMERICAN UNIVERSITY OF PUERTO RICO . Double Major:Accounting&Finance BACHELOR'S IN BUSINESS ADMINISTRATION I INTERAMERICAN UNIVERSITY OF PUERTO RICO . Triple Major:Accounting,Finance&Managerial Economics Licenses and Certifications FINRA Dispute Resolution Arbitrator,awarded by FINRA September 2020 Florida Supreme Court Qualified Arbitrator Notary Public Governance,Risk and Compliance Professional(GRCP) Tax Preparer Skills&Abilities Contract analysis&negotiation -System integration -Business operations&logistics development Life insurance industry knowledge State and federal law compliance Policies&procedures development Strategic planning development Personnel training&development Quality control Fully bilingual(Eng.-Span.) Excellent communication Banking law®ulations Customer service&client relations builder Computer/software proficiency:NIS Office(Word,Excel,PowerPoint,Publisher,OneNote&Outlook),Peachtree,SPSS, Oracle. Experience Staff Internal Auditor I NCCI Holdings,Inc I February 2020-Present Performs certain aspects of typical internal audit projects,including developing an understanding of the business area under review,helping to plan the engagement,provide inputs to designing scope,audit programs and appropriate tests, drafting audit findings and recommendations and communicating scope,objectives and results to the appropriate level of management. Internal audit projects are generally conducted by an integrated audit team to provide assessment of both business processes and relevant IT objectives. Conducts special reviews of NCCI processes to evaluate and improve the effectiveness of risk management,control,and governance processes. Assists division management in the implementation of audit recommendations. Monitors select development projects and initiatives to ensure that significant control objectives are accomplished. Supports the External Auditors in their annual financial audit GRANT ANALYST I ICF I DECEMBER 2018-JULY 2019 Provided quality control review of awarded FEMA disaster funds to municipalities,agencies,and private institutions for an initial 75% disbursement Total of funds in RFR requested amount reviewed and worked$8,559,044.76 Reviewed and monitored contracts,FAE,FAL,and materials maximum grant requirements opposite to the project Provided a comparative analysis of the grant obligated funds vs the requested funds on the project worksheet Completed a compliance review with applicable FEMA regulations,state and federal law for the final 25%fund disbursement ASSOCIATE I BDO I JULY 2018-DECEMBER 2018 Supported the General Accounting Department of the Puerto Rico Power Authority with journals entry,adjustment, land transportation budget and the structure of accounting&financial reports for audit review Page 19 of 1299 Worked&supported directly the Principal Supervisor of the Bank Conciliation Department of Puerto Rico Power Authority with the bank reconciliations Supported the Risk Management Department of the Puerto Rico Power Authority with the review,compliance and procurement process of expenses associated with the disaster Supported the Police Department of Puerto Rico and Environmental Quality Board of Puerto Rico to comply with the account payable circular letter for the Puerto Rico Internal Revenue Service ANALYST I AON,INC.I APRIL 2017-JULY 2018 Analyzed&recognized commissions revenue received for the health&benefits products Generated easy-to-interpret reports based on collected data Worked with quarterly reconciliations Bookkept the business of construction&infrastructure for Central America and the Caribbean and sent for billing Collaborated with account executives and finance teams to coordinate the assurance of meeting the forecast numbers LOAN SUPPORT I SUN WEST FINANCIAL SERVICES INTERNATIONAL,INC.I DECEMBER 2015-MARCH 2017 Provided quality service to the borrowers,broker's correspondent/warehouse lenders,vendors and all other stakeholders in business with the bank Analyzed that submitted documents were in compliance with the company policies,industry regulations and law Completed compliance procedures SERVICE&CREDIT OFFICER I PUERTO RICO FEDERAL CREDIT UNION I SEPTEMBER 2015-DECEMEBER 2015 Reviewed loan requests Assessed clients'financial status Evaluated and analyzed creditworthiness and risks Contacted clients to gather financial data and documentation BANK REPRESENTATIVE I BANCO POPULAR OF PUERTO RICO I MAY 2014-SEPTEMBER 2015 Provided exceptional customer service by assisting clients with their bank transactions Completed all transactions according to banking regulations,including BSA/AML,and other corporate guidelines or procedures FINANCIAL ADVISORS MASSMUTUAL FINANCIAL GROUP PUERTO RICO IJUNE 2013-MAY 2014 Provided financial planning support to clients Supported investment professionals to cultivate client relationships Prepared financial plans and check their accuracy Maintained awareness of the latest legislative changes that may affect financial planning Extra-Curricular Activities Member of Mises Institute - Member from 2016 to Present Member and part of the Directive Board of ALPFA Inter Metro - Vocal from 2013 to 2016 Member and part of the Directive Board of Association for Finance Students - Secretary of Association for Finance Students from 2013 to 2014 Member of Association for Accounting Students - Member from 2014 to 2015 Member of Chamber of Commerce University Chapters,Inter Metro - Member from 2014 to 2015 Certifications&Awards Basic Concepts of Insurance,awarded by Aon,Inc.August 2017 The Constitution and the Free Market 2017,seminar lectured by Judge A.Napolitano,awarded by Mises Institute Completed 36 hours at Mises University 2017 in Economic Science,awarded by Mises Institute Completed 38 hours at Mises University 2016 in Economic Science,awarded by Mises Institute Completed Pre-Licensing Education 20 hours of SAFE ACT Patents and Intellectual Property awarded by SBDC of Puerto Rico Page 20 of 1299 Achieved bank representative with most transactions at Banco Popular of Puerto Rico How to establish a business:"Business Leadership,Business Plan and Financing",awarded by SBDC of Puerto Rico Contract Management:Principles and Practice,awarded by PM Instructor Dean List at Interamerican University of Puerto Rico 2015-2016 Page 21 of 1299 6.A. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approve the renewal of Datrium ControlShift SaaS system from BlueAlly in the amount of$17,999.10. Explanation of Request: On November 5, 2019 the City Commission approved the purchase of Datrium ControlShift SaaS system to automate the controlled fail-over and fail-back of servers to the City disaster recovery data center from the City's Fire Station #5 data center and the Utilities data center. This commission agenda, when approved, will allow the City to continue to use the Datrium ControlShift Saas system for one year. This purchase requires City Commission approval because the amount spent with BlueAlly by the ITS Department will be over $35,000. BlueAlly Purchases FY20/21 Purchase Description Cost Datrium DVX Hardware and Software Support $24,504.75 Datrium ControlShift SaaS $17,999.10 Total $42,503.85 The I.T.S. Department requested quotes from three vendors. Vendor Cost BlueAlly $17,999.10 Transource $18,427.50 OPTI V $19,440.00 How will this affect city programs or services? In 2017, the City purchase Datrium DVX systems for the Fire Station#5 data center, Utilities data center and the disaster recovery data center. Installation of the Datrium DVX system in the three data centers has allowed the City to shorten the RPO (Recovery Point Objective) from 24 hours to as few as 45 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. RPO describes the interval of time that might pass during a disruption before the quantity of data lost during that period exceeds the maximum allowable threshold or tolerance. RTO is the duration of time within which a business process must be restored after a disaster in order to avoid unacceptable consequences associated with a break in continuity. The addition of the Datrium ControlShift SaaS system with the existing Datrium DVX system allows the City to automate the fail-over and fail-back of server to/from the disaster recovery data center. This renewal will allow the City to continue to use the Datrium ControlShift SaaS system. The Datrium ControlShift SaaS system allows the creation of rulebooks to automate the fail-over and fail-back of the servers to/from the disaster recovery data center. The Datrium ControlShift SaaS system also uses the rulebooks to check the configuration of the Datrium DVX systems every 30 minutes to ensure that no configuration changes have occurred that may negatively affect the fail-over or fail-back process. Fiscal Impact: Budgeted Funding has been approved in account 001-1510-513.49-17 in the 2020/2021 budget. Page 22 of 1299 Alternatives: The City solicited three competitive quotes for this renewal, and selected the one with the lowest cost. An alternative could be to issue a formal RFP for the renewal, but that does not guarantee a substantially lower cost and obtaining 3 quotes satisfies procurement requirements. Strategic Plan: Building Wealth in the Community Strategic Plan Application: This purchase falls under the strategic goal of building wealth in the community by protecting the integrity of the City's data and information assets from damage or loss. Failure or delays in shifting to backup data centers would have a negative impact on the use of internal computer servers and systems, and in turn, a cause a potential increase in cots and negative impact on services provided to the community. CLIMATE ACTION APPLICATION: This agenda item has a net-zero impact on the climate. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Quotes BlueAlly Quote D Quotes Transource Quote D Quotes Optiv Qoute Page 23 of 1299 BlueAlly Quote#: M20-20568-B-02 Contact: Jennifer DiLorenzo Date: 10/23/2020 Email: Id ilorenzo(abblueal ly.com Expires: 11/22/2020 Phone: 850-228-1631 ISR: Mike Malloy Customer: City of Boynton Beach Email: mmalloy(o6blueally.com Phone: 919-249-1558 Contact: Charles Stevens SE: Michael Esquia Phone: (561)742-6079 Email: mesouia(d)blueally.com Email: stevensc2bbfl.us Phone: 813-520-9934 Solution Overview Proposal to City of Boynton Beach Bill of Materials QTY MODEL# DESCRIPTION PRICE EACH EXTENDED COMPUTE NODES 45 SUP-CN2000-NBD-1MO Datrium ControlShift SaaS VMper Mo Promo 399.98 $17,999.10 12 month renewal(12/17/2020-12/16/2021)-CloudShift- serial#QF95MMUNVK TOTAL PRICE $17,999.10 The information contained herein is the intellectual property of BlueAlly. This quotation is an invitation to offer only. The prices quoted shall remain firm for 30 days from the date hereof,unless modified in writing by BlueAlly. The customer is obligated to pay for this purchase within 30 days of original invoice. Payment may be made either through third party financing or by payment from the customer. FOB-Freight collect.This quote includes a 3.5%discount for payment by cash or ched<on agreed terms. Payment through credit card will result in the loss of this additional discount. Datrium Controlshift CONFIDENTIAL Pagea24 cf 1299 Transource Services Corp SALES 2405 W. Utopia Road ddr Phoenix, AZ 85027 QUOTATION Original [TR4L Quotation No.: 349785 Quotation Date: 10/23/20 Due Date: 11/23/20 Customer No.: C990331 Customer Ref. No.: Page No.: Page 1 of 1 � ....w ,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....B1LL TO..,,w....,w....,w....,w....,w....,w... S,H'.P..,,TO....,w....,w....,w....,w....,w....,w....,w.., r am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am �am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�a City of Boynton Beach City of Boynton Beach PO Box 310 Warehouse Boynton Beach FL 33425 222 NE 9th Ave. Boynton Beach FL 33435 Account Rep: Ezekiel Calles Contact Name: Charles Stevens Ship Via Terms: Net 30 FOB: FOB Destination r,,,............................w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w...,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,�..,.,..,na..,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,,,w.,,„w..,,,w..,,,w..,,,w..,,,..... Line Item No Description Otyy Unit Price Total ....... ..... . ........ 1 NVP NASPO ValuePoint MPA#MNWNC-130 1 2 NVP FL State of Florida PA#43211500 WSCA-15 ACS 1 3 COMPUTE NODES , 4 TSC-LABOR Datrium ControlShift SaaS VM,per Mo Promo 45 $409.50 $18,427.50 MFR# SUPCN2000NBD1 MO 5 12 month renewal(12/17/2020-12/16/2021) CloudShift-serial# OF95MMUNVK f�am�am�am�am�a��am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am�am� SBA certified"American Small Manufacturer” Subtotal $ 18,427.50 Shipping Tax Total Order Value $18,427.50 ..,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,w....,�p.,�..,��..,�u�..,�,fw..�.�.��na....,w....,w....,� 9 Phone: (623)879-8882 x141 Fax: (623)879-8887 E-Mail: EzekielC@Transource.com Website: www.transource.com OPTIV Sales Proposal Quote#: BSA102620-Db Date: 10/26/2020 Quote valid for: 30 days Payment Term: 30 days Federal ID Number: 43-1806449 To: From: Cit of Bo Beach Scott Aviles Y Boynton Phone: (813)579-1149 Fax: (813)200-1150 Product Description Qty Client Price Client Extended Price Datrium ControlShift SaaS VM, per Mo Promo SUP-CN2000-NBD- 45 432 19,440 1M0 serial# F95MMLTNVK 12-17-20 to 12-16-21 Shipping TBD Tax TBD Grand Total: 19,440 Sales Quote Terms and Conditions This sales quote, and the hardware, appliances, equipment,software, support, maintenance,services, and other products set forth in this sales quote, are subject to, and will be governed by,the terms and conditions available at http://www.optiv.com/agreements Optiv Security, the new legal name of the integrated Accuvant+ Fishnet Security companies, is pleased to provide this quote for your review. Should you have any questions or require any assistance whatsoever, please contact your Optiv Security account manager. Page 26 of 1299 6.B. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Resolution No. R20-123-Approve and authorize the Mayor to sign updated inter-local agreement between the City of Boynton Beach and the Solid Waste Authority of Palm Beach County (SWA)which includes the required language as mandated in CS/House Bill 73 regarding reduction in contamination of residential recycling collection and processing. Explanation of Request: During the last legislative session, the Governor signed CS/House Bill 73 adding a new subsection 22 to Florida Statue 403.706, Local Government Solid Waste Responsibilities. Specifically this new subsection established a requirement that certain language be included in all new or renewed collection contracts between municipalities or counties with the intended goal of reducing contamination in recycling. Accordingly, SWA has presented an updated interlocal agreement for execution and approval by the City which incorporates the required language. A copy of CS/House Bill 73 is attached. The term of the agreement will begin on October 1, 2020 and continue through the following September 30, 2021 and shall automatically be renewed for successive annual periods. How will this affect city programs or services? There will be no impacts to services as the Solid Waste Division already has equipment and procedures to reduce contaminated recycling. Fiscal Impact: Budgeted Funding is allocated in Solid Waste account#431-2515-534-34-62 Alternatives: None Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: Contracts Page 27 of 1299 Vendor Name: Solid Waste Authority Start Date: 110/11/2020 End Date: 9/30/2021 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: It automatically renews for successive annual periods with consent from both parties. ATTACHMENTS: Type Description D Resolution Resolution approving updated ILA with SWA for Municipal Solid Waste D I nterlocal Agreement Solid Waste Authority ® I nterlocal Agreement D Letter Solid Waste Authority ® Correspondence D Exhibit CS/House Bill 73 Page 28 of 1299 1 RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN UPDATED INTERLOCAL AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH AND THE SOLID WASTE 6 AUTHORITY OF PALM BEACH COUNTY (SWA) WHICH 7 INCLUDES THE REQUIRED LANGUAGE AS MANDATED IN 8 CS/HOUSE BILL 73 REGARDING REDUCTION IN 9 CONTAMINATION OF RESIDENTIAL RECYCLING 10 COLLECTION AND PROCESSING; AND PROVIDING AN 11 EFFECTIVE DATE. 12 WHEREAS, during the last legislative session, the Governor signed CS/House Bill 13 73 adding a new subsection 22 to Florida Statue 403.706, Local Government Solid Waste 14 Responsibilities; and 15 WHEREAS, this new subsection established a requirement that certain language be 16 included in all new or renewed collection contracts between municipalities or counties with the 17 intended goal of reducing contamination in recycling; and 18 WHEREAS, SWA has presented an updated Interlocal Agreement for execution and 19 approval by the City which incorporates the required language; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign an Interlocal Agreement with the Solid Waste Authority of Palm 23 Beach County which includes the required language as mandated in CS/House Bill 73 regarding 24 reduction in contamination of residential recycling collection and processing. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\ILA With SWA For Municipal Solid Waste-Reso.Docx Page 29 of 1299 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 30 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 31 Beach and the Solid Waste Authority of Palm Beach County which includes the required 32 language as mandated in CS/House Bill 73 regarding reduction in contamination of residential 33 recycling collection and processing, a copy of said Interlocal Agreement is attached hereto as 34 Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of November, 2020. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor— Ty Penserga 44 45 Commissioner—Justin Katz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Christina L. Romelus 50 51 VOTE 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) S:ACA\RESO\Agreements\ILA With SWA For Municipal Solid Waste-Reso.Docx Page 30 of 1299 ATTACHMENT B INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING RECYCLING PROGRAM THIS Agreement, made and entered into this day of _ , 20_ by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF , a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called"CITY WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida,prescribed to a"county" pursuant to the provisions of Chapter 403, Part IV,Florida Statutes; as amended, and WHEREAS, the CITY desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the.requirements of Chapter 403, Part IV,Florida Statutes; as amended, and WHEREAS, in addition, the CITY provides for the collection of solid waste from the residents and businesses and residential recyclable materials within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials; and WHEREAS, the CITY wishes to participate in a coordinated County-wide program for the management of hazardous waste and control of solid waste processing and disposal and residential recycling participation in cooperation with federal, state,and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the CITY together with the Authority recognizes the need to plan and develop an adequate solid waste and residential recycling system for the benefit of all the residents of Palm Beach County. NOW,THEREFORE,in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY, its constituents and the Authority, it is agreed as follows: 1. The above recitals are true and correct and incorporated into the body of this Agreement as if fully set forth herein. 2. Definitions: Acceptable Load -- Any load of otherwise Designated Recyclables that contains no Prohibited Material and a maximum of 12% Contamination in total, or the Container component contains no Prohibited Material and a maximum of 12% Contamination and Page 31 of 1299 P the Fiber component contains no Prohibited Material and a maximum of 5% Contamination. Acceptable Material—Designated Recyclables as defined herein. Combined-Haul City — A municipality that has contracted with a Private Hauler that also services other municipal or unincorporated areas within Palm Beach County to collect and deliver Residential Recovered Materials to the Authority. Containers —Includes aluminum cans, aseptic containers, gable-topped containers, glass bottles and jars(green,brown and clear),and plastic containers#1 -#7(except Styrofoam). Contaminated Recyclable Material—Any Recyclable Material that does not conform to the standards for Acceptable Loads. Contamination—Any material not included in the definition of Designated Recyclables. Corrugated Cardboard—Containers having liners of either test liner,jute, or kraft. Designated Facility—The Authority's Recovered Materials Processing Facility(RMPF), the Authority's transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) designated by the Authority or any other sites designated by the Authority for recycling. The Authority reserves the right to add or delete approved facilities with reasonable notice. Designated Recyclables — Fiber and Containers as defined herein or other materials as the Authority may designate. Equivalent Residential Unit (ERU) — Single-Family and Mobile Homes equal I ERU, Multi-Family Homes equal 0.75 ERUs. Fiber -- Includes newspapers (including inserts), magazines and catalogs, phone books, Corrugated Cardboard, Mixed Paper, Sorted White Ledger, Sorted Office Paper, and kraft bags. Mixed Paper— A mixture of various types and grades of paper including but not limited to: all office paper, colored paper, corrugated cardboard, envelopes (excluding envelopes with cellophane windows), junk mail, kraft bags, magazines, and catalogs. Mixed Paper does not include tissue or towel paper. Municipal Solid Waste or MSW—Garbage,sewage,sludge,septage,rubbish,refuse,and other discarded solid or liquid materials resulting from domestic, industrial, commercial, agricultural, and governmental operations,but does not include solid or dissolved materials in domestic sewage, storm drainage,or other significant pollutants in water resources, such as silt,dissolved or suspended solids in industrial wastewater effluents,dissolved materials in irrigation return flows, or other common water pollutants. Net Revenue—Residential Recovered Materials Revenue minus Processing Cost. Private Hauler — Any for-profit person or entity providing collection of solid waste and/or recyclables for hire on a routine basis within the municipality. Processing Cost—The sum(s) due and payable to the contract operator of the RMPF by the Authority. Prohibited Material—Hazardous, medical or biological waste. Page 32 of 1299 Public/Self Hauler — The municipality providing the collection of solid waste and recyclables using their own resources rather than using the hauling services of a Private Hauler. Recovered Materials Processing Facility (RMPF)--A facility owned by the Authority that processes Recyclable Material. Recyclable Material—Includes Containers and Fiber. Residential Recovered Materials Revenue — Total earned revenue from the sale of designated Residential Recovered Materials. Residential Recovered Materials — Designated Recyclables collected from residential units less Unacceptable Materials and Prohibited Materials delivered to Designated Facilities. Self-Haul City—A municipality that collects its own Residential Recovered Materials and delivers it to the Authority or who uses a private contractor that collects its Residential Recovered Materials on dedicated routes and can positively demonstrate that they have collected and are delivering only that jurisdiction's Residential Recovered Materials to the Authority. Sorted Office Paper — Office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper. Sorted White Ledger—White ledger or computer printout paper. Unacceptable Load—Any load of Designated Material delivered to a Designated Facility that is deemed not an Acceptable Load as defined herein. Unacceptable Material -- Any material other than Acceptable Material and Prohibited Material. 3. The purpose of this Agreement is to set forth the terms and conditions for the delivery of Municipal Solid Waste(MSW)to Designated Facilities and for the operation of a recycling program between the Authority and the CITY which upon execution by both parties shall automatically rescind the current INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM and shall become effective upon filing with the Clerk of the Courts in accordance with Chapter 163,Florida Statutes. 4. The CITY agrees that all MSW and Designated Recyclables collected by or on behalf of the CITY shall be disposed of at a Designated Facility in accordance with this Agreement. 5. The CITY agrees to cooperate with the Authority to provide all necessary and required information to the Authority in a timely manner so that it can be determined if the CITY's MSW and Designated Recyclables are being delivered to a Designated Facility. Page 33 of 1299 6. The Authority agrees to pay the CITY a minimum of 50% of the Net Revenues earned from the sale of Residential Recovered Materials attributable to the CITY on a quarterly basis. The actual percentage will be determined annually through the Authority's budget process.The Net Revenues to be shared will consist of the Residential Recovered Materials Revenues received by the Authority for each quarter less the Processing Cost for that quarter. That amount will be divided by the total tons received to determine an average price per ton and then multiplied by the adopted annual revenue share percentage to set the program price to be paid for the quarter. The Net Revenue distribution formula will be based on the number and type of residential units serviced by the CITY in relation to the total number of these units for all municipalities participating in this program or on the actual amount delivered for municipalities that haul their own material. Each participating municipality will either be classified as a Self-Haul City or a Combined-Haul City. Self- Haul elfHaul Cities will receive a revenue share based on the actual weight of Acceptable Loads delivered to a Designated Facility. Combined-Haul Cities will share the balance of those net revenues based upon the proportion of their total ERUs serviced in comparison to the total ERUs serviced for all Combined-Hauler Cities in Palm Beach County. 7. The Authority agrees to maintain its Designated Facilities to ensure adequate capacity for the CITY's waste and residential recyclables to operate within all applicable local, state and federal environmental guidelines. 8. Collection of Designated Reevelables A. Residential Individual residents/homeowners shall be encouraged by the CITY to separate their MSW into recyclables and non-recyclables. Each residential unit or combination of units will receive from the Authority the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Corrugated Cardboard shall be cut to an acceptable size and flattened, and for curbside residents,shall be set beside or in the same reusable container as the Fiber. Residents receiving containerized service may receive a separate container to be used for the collection of Corrugated Cardboard. The Authority retains the right to modify the manner in which materials are set out for collection with reasonable notice to the CITY. Notice for a substantial change in collection method shall be no less than one year. B. Commercial Individual businesses shall be encouraged by the CITY to separate their MSW into two categories: recyclable and non-recyclable. Businesses contracting for services will arrange with their service provider to receive one or more containers into which Recyclable Material may be deposited. Acceptable Materials for commercial recycling shall include: Containers, Corrugated Cardboard, Sorted White Ledger, Page 34 of 1299 Mixed Paper, Sorted Office Paper, and any other materials agreed to in writing by the CITY and the Authority. The Authority reserves the right to add or delete allowable Designated Recyclables and when doing so will provide the City with reasonable notice to make those changes. 9. Commercial Reczclin Revenue Share As a further incentive for the CITY to actively pursue commercial recycling,the Authority and the CITY may enter into a separate agreement to provide for payment to the CITY for all Acceptable Loads of agreed upon commercial Recyclable Materials. Types of commercial Recyclable Materials eligible for payment shall be determined by the Authority. 10. Trans artatiq and Equi -men! The CITY shall be responsible for having collected Designated Recyclables transported to a Designated Facility as defined herein. The Authority or its contractor shall receive, process, dispose of and/or recover all Designated Recyclables delivered by or on behalf of the CITY, at no charge to the CITY, except for Unacceptable Loads as described below. Collection equipment must be of a type to provide for rear,side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared and Sorted Recyclable Materials When a collector's crew encounters improperly prepared and sorted materials or non- recyclable items, they must follow this procedure: A. The collector shall pick up all Designated Recyclables except for Contaminated Recyclable Material or those which cannot be safely retrieved from the reusable containers. Improperly prepared and sorted materials or contamination will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or CITY approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide contact information for the CITY or Authority recycling coordinator for further information. Upon request of the CITY, the Authority will provide rejection procedure training for the route drivers. The Authority and the CITY will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the CITY's ability to have its collector fulfill the CITY's recycling needs, the CITY agrees to notify the Authority when preparing the CITY's future Request for Proposals or Bid for collection services. B. It shall be the responsibility of the CITY or its Private Hauler to contact residents or businesses that repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem Page 35 of 1299 persists, the CITY shall notify the Authority, who shall then assist the CITY in resolving the problem. 12. Recvcl na Containers The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon recycling containers. The yellow and blue colors reflect a consistent educational advertising effort through TV commercials, newsprint, radio, mailer, or other source. It is the CITY's responsibility to make sure it or its Private Hauler has equipment compatible to provide proper collection of these recycling containers without damage. The CITY or its Private Hauler shall be responsible for replacement of any recycling container(s) damaged during service at no cost to the Authority. The Authority reserves the right to add or delete different size containers and when doing so will provide the City with reasonable notice to make those changes. 13. Compliance with Zonm Ordinances Any transfer,processing,disposal and/or storage of Municipal Solid Waste and Recyclable Materials shall be undertaken at a Designated Facility that complies with all local zoning ordinances and any other applicable local and state statutes, ordinances, and regulations. The CITY further agrees to use its best efforts to amend or modify its appropriate zoning, building, or land development code to require new multi-family or commercial developments to provide adequate space for recycling containers. 14. Deliver° of Unaccentable„Loads If the City delivers a load of Designated Recyclables that is deemed to be an Unacceptable Load, the CITY or its Private Hauler will be charged the actual disposal cost for any rejected load due to Contamination or equipment failure. The Authority will notify the CITY or its contractor immediately of an Unacceptable Load. If the problem of Unacceptable Loads persists (more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures,and/or make recommendations to the CITY. 15. Promotion and Education Responsibilities The Authority will provide recycling containers and assist in promoting and educating residents within the CITY in an effort to increase recyclable tonnages and reduce Contamination. 16. Deliver v of Designated Recvclables The CITY agrees that it shall require that all Designated Recyclables separated from the normal Municipal Solid Waste stream that are collected by or on behalf of the CITY be delivered to Designated Facilities as defined herein. The CITY will take such action as is Page 36 of 1299 necessary and available to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the CITY. 17. Term This Agreement shall begin on the later of its effective date or October 1, 2020, and continue through the following September 30th and shall automatically be renewed for successive annual periods. Either party may terminate this Agreement on any October 1 st by delivering written notice received by the other party prior to the preceding May 1 st. The Authority will continue to provide the necessary recycling containers and ongoing education and advertising as provided in this Agreement.Notwithstanding termination,any rights or duties imposed by law shall remain in effect. 18. Chance in Law In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 19.Notices All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below,until such time as either party furnishes the other party written instructions to contact another individual. For the Authority: 3 For the CITY Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director 20. If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. Page 37 of 1299 IN WITNESS WHEREOF,the parties hereto have entered into this Agreement effective as of the day and year first above written: As to the Authority: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Daniel Pellowitz, Executive Director Date: APPROVED AS TO FORM SOLID WASTE AUTHORITY OF PALM AND LEGAL SUFFICIENCY BEACH COUNTY _....... .. . General Counsel to the Authority Sandra J. Vassalotti, Clerk to the Authority Date: Date: (Affix SWA Seal) ATTEST: As to the CITY: (Affix Municipal Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY Date: Page 38 of 1299 RECEM OCT 1.4.2020 CITY MANAGER'S OFFICE City of Boynton Beach October 9, 2020 3301 Quantum Blvd. Boynton Beach, FL 33426 Attn: Lori LaVerriere Dear valued municipal partner, As you are aware, during last legislative session, the Governor signed CS/House Bill 73, Environmental Regulation, adding a new subsection 22 to 403.706, F.S. that impacts each of us regarding residential recycling collection and processing. Specifically, the addition of new subsection 403.706 (22)(a) establishes a requirement that certain language be included in all new or renewed collection contracts between municipalities or counties and private waste haulers with the intended goal of reducing contamination in recycling. Attached, for your reference,please find a copy of CS/HB 73 Section 1 (Bill), (ATTACHMENT A) detailing the specific requirements. The Solid Waste Authority of Palm Beach County (Authority) is the entity responsible for providing the county-wide recycling program, achieving the state-mandated recycling goals, and operating the Recovered Materials Processing Facility. As such, the Authority believes that, to help ensure a consistent county-wide program, it is in our collective best interest to provide our municipal partners with a common framework to be utilized in developing future procurement and/or contract renewal documents for private waste hauling services that comply with the new legislative requirements. To that end we have revised our existing Interlocal Agreement (ILA) relative to the new requirements and we believe that the revised ILA contains the language that meets all of the requirements of the new law. We have also taken this opportunity to update the ILA to reflect current industry definitions and simplified the structure. There have been no substantive changes to the terms and conditions of the current ILA. Accordingly, attached please find the current draft of the revised ILA for your consideration(ATTACHMENT B). As the future need arises for you to solicit new or renew existing waste collection contracts, as your solid waste and recycling partner, we strongly encourage you to review the attached Bill and address the specific requirements utilizing the language provided in the revised ILA or,alternately, include the revised ILA as an exhibit referencing the appropriate sections. Additionally, and as another initiative to reduce inbound recycling contamination, we also recommend that for future bids, RFPs or collection contract renewals your municipality include specific language requiring a rear-load split-body compacting recycling vehicle with one Page 39 of 1299 ILA GWr Ltr October 9,2020 Page 2 of 2 compartment dedicated to paper/fiber products and one compartment dedicated for other recovered materials (containers). It is our experience that this type of collection vehicle significantly reduces cross-contamination. We have attached our contract specification for the type of recycling collection vehicle for your reference and consideration(ATTACHMENT Q. Again,we thank you for our great partnership as we work together to serve our customers with the highest level of quality collection service possible. Should you have any questions or concerns please feel free to contact Mr. John Archambo at(561) 315-2010 or email at `arch �oor . Sincerely, LL Dan Pellowitz Executive Director Enclosure: ATTACHMENT A) CS/HB 73 Section I ATTACHMENT B)Draft Revised ILA ATTACHMENT C) SWA Haulers Agreement, Section 14 - Collection Vehicles 7501 North Jog Road - West Palm Beach, FL 33412 hone: 561-640-4000 Fax: 561-640-3400 Page 1- 4 - Page 40 of 1299 ATTACHMENT A F f_ O R I D A H 0 U S E O F R E P R E S E N T A T I V E S i ENROLLED CSIHB 73 2020 Legislature i n l 24 An act relating to environmental regulation; amending N 3 s . 403. 706, F.S . ; specifying requirements for 4 contracts between residential recycling collectors or 5 recovered materials processing facilities and counties 6 or municipalities for the collection .or processing of I 7 , residential recycling material; providing that a 81 residential recycling collector or recovered materials I 99 processing facility is not required to collect, 10 transport, or process contaminated recyclable material 11 except pursuant to specified contractual requirements 12 after a contract is executed; defining the term 13 "residential recycling collector"; providing 141 applicability; amending s. 403. 813, F.S. ; prohibiting 15 local governments from requiring further verification 16 from the Department of Environmental Protection for 17 certain projects; revising the types of dock and pier 18 replacements and repairs that are exempt from such 19 verification and certain permitting requirements; I 20 providing an effective date. 21j 22 Be Tt Enacted by the Legislature of the State of Florida: 23 24 Section 1 . Subsection (22) of section 403 .706, Florida 25 Statutes, is renumbered as subsection (23) , and a new subsection Page 1 of 23 CODING:Words stfi ken are deletions;words underlined are additions. hb0073-02-er. Page 41 of 1299 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3 ENROLLED CS/HB 73 2020 Legislature 261 (22) is added to that section, to read: 27y 403 . 706 Local government solid waste responsibilities .- 28 (22) (a) Each contract between a residential recyclin4 291 collector and a count,i or munici;-.alit for the collection or �runaru - aF 30trans,-)ort of residential recyclable material, and each request 31 for ssroosal or other solicitationfor the collection of 32 residential recyclable material, must include all ofthe I 33 following: 34 1. The respective strategies and obligations of the count 35� or municir)ality and the residential rec_ycling collector to 36 � reduce the amount of contaminated recyclable material being i ... 37 collected. 38 ' 2 . The procedures for identifyin- documentin-, mana ins , 39 and relectin residential rec-clin- containers, truck loads, 40 carts, or bins thatcontain contaminated recyclable material . j 41= 3. The remedies authorized to be used if a container, 42'' cart, or bin contains contaminated recyclable material. 43' 4 . The education and enforcement measures that will be 44 used to reduce the amount of contaminated recyclable material. 45 5 . A definition of the term "contaminated recyclable 46 material" that is aLL—ro. riate for the local community. 47 (b) Each contract between a recovered materials urocessin; 48 facility and a county or municipality for t,rocessinq residential m- a _ �..... ... ......_�._.. ......._._ � :_..a-e. ... �® 49 recyclable material, and each re,suest for rrof�osal or other 50 solicitation for orocessine residential rec%,clable material, Page 2 of 23 CODING:Words st�iekea are deletions;words underlined are additions. hb0073-02-er Page 42 of 1299 j F L O R I D A H O U S E O F RE P RESENTAT IVES + ENROLLED CS/HB 73 2020 Legislature i i I i E 51 must include all of the followin : 52 1 . The res2ective stratesies and obligations of the count, 53or munici ality and the facilitv to reduce the amount of 54� contaminated recyclable material beim collected and °.-processed. 55 2 . The i-rocedures for identifyin3cg, documenting, manaoin j, 56 and rejecting residential recvcling containers, truck loads, 571 carts, or bins that contain contaminated recyclable material. . 58 �1 3 . The remedies authorized to be used if a container or C 59t truck load contains contaminated recyclable material. 60€ 4 . A definition of the term "contaminated rec clable 611 material" that is of= )rot=riate for the local communit v_ 62 (c) After a contract is executed, a residential recvclin 63 collector is not re mired to collect or transport contaminated 64 recyclable material, excel t -uursuant to a contract consistent I 65 with para raph a As used in this subsection the term _ e i . _, �.��. �m r" — ,_��. _ ..... 66, residential rec clan collector means a business 671 entity that collects and transports residential recqvclable 68 material on behalf of a county or munici alit+ 69 (d) After a contract is executed, a recovered materials 70 processino, facility is not re�uired to Process contaminated 71 recyclable material, exce2t pursuant to a contract consistent 72 withara;lraLsh (b) . 73 (e) This subsection applies lies to each contract between a nn _ nn 74 �' municipalitv- or county and a residential recycling collector or 75 recovered materials orocessin� facilit executed or renewed _ _ ,� .... :.: ... . Page 3 of 23 CODING:Words Pdricken are deletions;words underlined are additions. hb0073-02-er Page 43 of 1299 F L O R I D A H O U S E O F REP RES ENTATIVES i I ENROLLED t CSIHB 73 2020 Legislature I 761 after October 1, 2020 , 77 (f) This subsection applies only= to the collection and 78� orocessinq ofmaterial obtained from residential recEclinc j 79 activities . As used in this subsection, the term "contaminated _.. ,n. ._...... _... ........ __ ...........a i' 80 recyclable material" refers only to recyclable material that is .......- _,� 81 comin led or mixed with solid waste or other nonhazardous ....._ _ _ .....� __._ 82 material The term does not include contamination as that term 83 or a derivation of that term is used in chatter 376 and other 841 sections of chapter 4y03, including, but not limited to, 85 brownfield site cleanup, water , ualit remediation, dr cleanin,�- _._ 86 solvent-contaminated site cleanup, ;petroleum-contaminated site 87 cleanup , cattle diin ' vat site cleanup, or other hazardous 88 �i waste remediation. 89 Section 2 . Subsection (1) of section 403. 813, Florida 90 Statutes, is amended to read: 91i 403 . 813 Permits issued at district centers; exceptions.- 92� (1) A permit is not required under this chapter, chapter 93 373, chapter 61-691, Laws of Florida, or chapter 25214 or 94 chapter 25270, 1949, Laws of Florida, and a local qovernment may 95 not reruire a person claiming this exception to rovide further 96 de ,,artment verification, for activities associated with the 97 ` following types of projects; however, except as otherwise 981 provided in this subsection, this subsection does not relieve an 99' applicant from any requirement to obtain permission to use or 100 occupy lands owned by the Board of Trustees of the Internal i Page 4 of 23 CODING:Words stkkee are deletions;words underlined are additions. hb0073-02-er Page 44 of 1299 ATTACHMENT B INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING RECYCLING PROGRAM THIS Agreement, made and entered into this day of _v.... 20_ by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF , a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "CITY". WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida,prescribed to a"county" pursuant to the provisions of Chapter 403, Part IV,Florida Statutes; as amended, and WHEREAS, the CITY desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes; as amended, and WHEREAS, in addition, the CITY provides for the collection of solid waste from the residents and businesses and residential recyclable materials within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials; and WHEREAS, the CITY wishes to participate in a coordinated County-wide program for the management of hazardous waste and control of solid waste processing and disposal and residential recycling participation in cooperation with federal, state,and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the CITY together with the Authority recognizes the need to plan and develop an adequate solid waste and residential recycling system for the benefit of all the residents of Palm Beach County. NOW,THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY, its constituents and the Authority, it is agreed as follows: I. The above recitals are true and correct and incorporated into the body of this Agreement as if fully set forth herein. 2. Definitions: Acceptable Load — Any load of otherwise Designated Recyclables that contains no Prohibited Material and a maximum of 12% Contamination in total, or the Container component contains no Prohibited Material and a maximum of 12% Contamination and Page 45 of 1299 the Fiber component contains no Prohibited Material and a maximum of 5% Contamination. Acceptable Material—Designated Recyclables as defined herein. Combined-Haul City — A municipality that has contracted with a Private Hauler that also services other municipal or unincorporated areas within Palm Beach County to collect and deliver Residential Recovered Materials to the Authority. Containers — Includes aluminum cans, aseptic containers, gable-topped containers, glass bottles and jars(green,brown and clear), and plastic containers#1 -#7(except Styrofoam). Contaminated Recyclable Material—Any Recyclable Material that does not conform to the standards for Acceptable Loads. Contamination—Any material not included in the definition of Designated Recyclables. Corrugated Cardboard—Containers having liners of either test liner,jute, or kraft. Designated Facility—The Authority's Recovered Materials Processing Facility(RMPF), the Authority's transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) designated by the Authority or any other sites designated by the Authority for recycling. The Authority reserves the right to add or delete approved facilities with reasonable notice. Designated Recyclables -- Fiber and Containers as defined herein or other materials as the Authority may designate. Equivalent Residential Unit (ERU) — Single-Family and Mobile Homes equal I ERU, Multi-Family Homes equal 0.75 ERUs. Fiber — Includes newspapers (including inserts), magazines and catalogs, phone books, Corrugated Cardboard, Mixed Paper, Sorted White Ledger, Sorted Office Paper, and kraft bags. Mixed Paper— A mixture of various types and grades of paper including but not limited to: all office paper, colored paper, corrugated cardboard, envelopes (excluding envelopes with cellophane windows), junk mail, kraft bags, magazines, and catalogs. Mixed Paper does not include tissue or towel paper. Municipal Solid Waste or MSW—Garbage, sewage, sludge, septage,rubbish,refuse, and other discarded solid or liquid materials resulting from domestic, industrial, commercial, agricultural, and governmental operations,but does not include solid or dissolved materials in domestic sewage, storm drainage, or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants. Net Revenue—Residential Recovered Materials Revenue minus Processing Cost. Private Hauler — Any for-profit person or entity providing collection of solid waste and/or recyclables for hire on a routine basis within the municipality. Processing Cost— The sums) due and payable to the contract operator of the RMPF by the Authority. Prohibited Material—Hazardous, medical or biological waste. Page 46 of 1299 Public/Self Hauler — The municipality providing the collection of solid waste and recyclables using their own resources rather than using the hauling services of a Private Hauler. Recovered Materials Processing Facility (RMPF)—A facility owned by the Authority that processes Recyclable Material. Recyclable Material—Includes Containers and Fiber. Residential Recovered Materials Revenue — Total earned revenue from the sale of designated Residential Recovered Materials. Residential Recovered Materials — Designated Recyclables collected from residential units less Unacceptable Materials and Prohibited Materials delivered to Designated Facilities. Self-Haul City—A municipality that collects its own Residential Recovered Materials and delivers it to the Authority or who uses a private contractor that collects its Residential Recovered Materials on dedicated routes and can positively demonstrate that they have collected and are delivering only that jurisdiction's Residential Recovered Materials to the Authority. Sorted Office Paper — Office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper. Sorted White Ledger—White ledger or computer printout paper. Unacceptable Load—Any load of Designated Material delivered to a Designated Facility that is deemed not an Acceptable Load as defined herein. Unacceptable Material — Any material other than Acceptable Material and Prohibited Material. 3. The purpose of this Agreement is to set forth the terms and conditions for the delivery of Municipal Solid Waste(MSW)to Designated Facilities and for the operation of a recycling program between the Authority and the CITY which upon execution by both parties shall automatically rescind the current INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM and shall become effective upon filing with the Clerk of the Courts in accordance with Chapter 163,Florida Statutes. 4. The CITY agrees that all MSW and Designated Recyclables collected by or on behalf of the CITY shall be disposed of at a Designated Facility in accordance with this Agreement. 5. The CITY agrees to cooperate with the Authority to provide all necessary and required information to the Authority in a timely manner so that it can be determined if the CITY's MSW and Designated Recyclables are being delivered to a Designated Facility. Page 47 of 1299 6. The Authority agrees to pay the CITY a minimum of 50% of the Net Revenues earned from the sale of Residential Recovered Materials attributable to the CITY on a quarterly basis. The actual percentage will be determined annually through the Authority's budget process.The Net Revenues to be shared will consist of the Residential Recovered Materials Revenues received by the Authority for each quarter less the Processing Cost for that quarter. That amount will be divided by the total tons received to determine an average price per ton and then multiplied by the adopted annual revenue share percentage to set the program price to be paid for the quarter. The Net Revenue distribution formula will be based on the number and type of residential units serviced by the CITY in relation to the total number of these units for all municipalities participating in this program or on the actual amount delivered for municipalities that haul their own material. Each participating municipality will either be classified as a Self-Haul City or a Combined-Haul City. Self- Haul Cities will receive a revenue share based on the actual weight of Acceptable Loads delivered to a Designated Facility. Combined-Haul Cities will share the balance of those net revenues based upon the proportion of their total ERUs serviced in comparison to the total ERUs serviced for all Combined-Hauler Cities in Palm Beach County. 7, The Authority agrees to maintain its Designated Facilities to ensure adequate capacity for the CITY's waste and residential recyclables to operate within all applicable local, state and federal environmental guidelines. 8. Collection of Desigi ated Recvclables A. Residential Individual residents/homeowners shall be encouraged by the CITY to separate their MSW into recyclables and non-recyclables. Each residential unit or combination of units will receive from the Authority the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Corrugated Cardboard shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the same reusable container as the Fiber. Residents receiving containerized service may receive a separate container to be used for the collection of Corrugated Cardboard. The Authority retains the right to modify the manner in which materials are set out for collection with reasonable notice to the CITY. Notice for a substantial change in collection method shall be no less than one year. B. Commercial Individual businesses shall be encouraged by the CITY to separate their MSW into two categories: recyclable and non-recyclable. Businesses contracting for services will arrange with their service provider to receive one or more containers into which Recyclable Material may be deposited. Acceptable Materials for commercial recycling shall include: Containers, Corrugated Cardboard, Sorted White Ledger, Page 48 of 1299 Mixed Paper, Sorted Office Paper, and any other materials agreed to in writing by the CITY and the Authority. The Authority reserves the right to add or delete allowable Designated Recyclables and when doing so will provide the City with reasonable notice to make those changes. 9. Commercial Recd°clingy, Revenue Share As a further incentive for the CITY to actively pursue commercial recycling,the Authority and the CITY may enter into a separate agreement to provide for payment to the CITY for all Acceptable Loads of agreed upon commercial Recyclable Materials. Types of commercial Recyclable Materials eligible for payment shall be determined by the Authority. 10. Transportation and Equipment The CITY shall be responsible for having collected Designated Recyclables transported to a Designated Facility as defined herein. The Authority or its contractor shall receive, process, dispose of and/or recover all Designated Recyclables delivered by or on behalf of the CITY, at no charge to the CITY, except for Unacceptable Loads as described below. Collection equipment must be of a type to provide for rear, side or front unloading and may be compartmentalized or in separate vehicles. 11. Improperly Prepared and Sorted Recyclable Materials When a collector's crew encounters improperly prepared and sorted materials or non- recyclable items, they must follow this procedure: A. The collector shall pick up all Designated Recyclables except for Contaminated Recyclable Material or those which cannot be safely retrieved from the reusable containers. Improperly prepared and sorted materials or contamination will be left in the reusable containers or temporarily removed and returned to the reusable containers. The collector shall leave an Authority and/or CITY approved form on the material or in the container. The form will notify the resident or business that material has not been properly sorted, and will provide contact information for the CITY or Authority recycling coordinator for further information. Upon request of the CITY, the Authority will provide rejection procedure training for the route drivers. The Authority and the CITY will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the CITY's ability to have its collector fulfill the CITY's recycling needs, the CITY agrees to notify the Authority when preparing the CITY's future Request for Proposals or Bid for collection services. B. It shall be the responsibility of the CITY or its Private Hauler to contact residents or businesses that repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. If the problem Page 49 of 1299 persists, the CITY shall notify the Authority, who shall then assist the CITY in resolving the problem. 12. Ree clinGg, Containers The Authority shall provide yellow and blue eighteen (18) and ninety-six (95) gallon recycling containers. The yellow and blue colors reflect a consistent educational advertising effort through TV commercials, newsprint, radio, mailer, or other source. It is the CITY's responsibility to make sure it or its Private Hauler has equipment compatible to provide proper collection of these recycling containers without damage. The CITY or its Private Hauler shall be responsible for replacement of any recycling container(s) damaged during service at no cost to the Authority. The Authority reserves the right to add or delete different size containers and when doing so will provide the City with reasonable notice to make those changes. 13. ComOiance with Zonina Ordinances Any transfer,processing,disposal and/or storage of Municipal Solid Waste and Recyclable Materials shall be undertaken at a Designated Facility that complies with all local zoning ordinances and any other applicable local and state statutes, ordinances, and regulations. The CITY further agrees to use its best efforts to amend or modify its appropriate zoning, building, or land development code to require new multi-family or commercial developments to provide adequate space for recycling containers. 14. Deliver° of Unacceptable Loads If the City delivers a load of Designated Recyclables that is deemed to be an Unacceptable Load, the CITY or its Private Hauler will be charged the actual disposal cost for any rejected load due to Contamination or equipment failure. The Authority will notify the CITY or its contractor immediately of an Unacceptable Load. If the problem of Unacceptable Loads persists (more than two times in a month),the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the CITY. 15. Promotion and Education Restvnsibilities The Authority will provide recycling containers and assist in promoting and educating residents within the CITY in an effort to increase recyclable tonnages and reduce Contamination. 16. Delivery° of Desi nated Recclables The CITY agrees that it shall require that all Designated Recyclables separated from the normal Municipal Solid Waste stream that are collected by or on behalf of the CITY be delivered to Designated Facilities as defined herein. The CITY will take such action as is Page 50 of 1299 necessary and available to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the CITY. 17. Term This Agreement shall begin on the later of its effective date or October 1, 2020, and continue through the following September 30th and shall automatically be renewed for successive annual periods. Either party may terminate this Agreement on any October 1 st by delivering written notice received by the other parry prior to the preceding May 1 st. The Authority will continue to provide the necessary recycling containers and ongoing education and advertising as provided in this Agreement.Notwithstanding termination,any rights or duties imposed by law shall remain in effect. 18. Change in Law In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 19. Notices All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below,until such time as either party furnishes the other party written instructions to contact another individual. .................®_ .... ... .... . For the Authority: For the CITY. Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Executive Director 20. If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. Page 51 of 1299 IN WITNESS WHEREOF,the parties hereto have entered into this Agreement effective as of the day and year first above written: As to the Authority: WITNESSES: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY ...... W ...... . _- _....._....... _ .-... ..__.. . Daniel Pellowitz, Executive Director Date: APPROVED AS TO FORM SOLID WASTE AUTHORITY OF PALM AND LEGAL SUFFICIENCY BEACH COUNTY General Counsel to the Authority Sandra J. Vassalotti, Clerk to the Authority Date: Date: (Affix SWA Seal) ATTEST: As to the CITY: (Affix Municipal Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY Date: Page 52 of 1299 ATTACHMENT C SWA Haulers Agreement Excerpt 14. COLLECTION EQUIPMENT: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to safely, adequately and efficiently perform the contractual duties specified in this Agreement. Upon execution of this Agreement and semi-annually thereafter,the Contractor shall provide in a format specified by the Contract Administrator a list of the equipment,both dedicated and reserve,to be used by the Contractor to provide each type of collection service relating to this Agreement. Solid Waste collection equipment shall be of the enclosed loader packer type, or other equipment that meets industry standards and is approved by the Contract Administrator, unless otherwise provided within this Agreement. All Equipment shall be kept in good repair, appearance and in a sanitary, clean condition at all times. Recovered Materials collection equipment shall be the McNeilus or Heil split body rear loader(one compartment for paper products; one compartment for other Recovered Material), and must be compatible for unloading at the designated RMPF or transfer station. In the event a compacting vehicle is used for the collection of Recovered Materials, compaction pressure may not exceed 54 pounds per square inch for the commingled non-paper Recovered Materials to avoid glass breakage. Equipment utilized for the collection of Recovered Materials shall be clearly identified for that purpose. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used bythe Contractor to perform the contractual duties. Contractor shall notify the Contract Administrator or his designee by phone within two hours of any equipment breakdown. If the public road or public right-of-way in the Service Area is substandard, as specifically designated by the Contract Administrator, in writing, the Contractor must provide lightweight equipment to service these roads. Page 53 of 1299 ATTACHMENT A F f_ O R I D A H 0 U S E O F R E P R E S E N T A T I V E S i ENROLLED CSIHB 73 2020 Legislature i n l 24 An act relating to environmental regulation; amending N 3 s . 403. 706, F.S . ; specifying requirements for 4 contracts between residential recycling collectors or 5 recovered materials processing facilities and counties 6 or municipalities for the collection .or processing of I 7 , residential recycling material; providing that a 81 residential recycling collector or recovered materials I 99 processing facility is not required to collect, 10 transport, or process contaminated recyclable material 11 except pursuant to specified contractual requirements 12 after a contract is executed; defining the term 13 "residential recycling collector"; providing 141 applicability; amending s. 403. 813, F.S. ; prohibiting 15 local governments from requiring further verification 16 from the Department of Environmental Protection for 17 certain projects; revising the types of dock and pier 18 replacements and repairs that are exempt from such 19 verification and certain permitting requirements; I 20 providing an effective date. 21j 22 Be Tt Enacted by the Legislature of the State of Florida: 23 24 Section 1 . Subsection (22) of section 403 .706, Florida 25 Statutes, is renumbered as subsection (23) , and a new subsection Page 1 of 23 CODING:Words stfi ken are deletions;words underlined are additions. hb0073-02-er. Page 54 of 1299 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3 ENROLLED CS/HB 73 2020 Legislature 261 (22) is added to that section, to read: 27y 403 . 706 Local government solid waste responsibilities .- 28 (22) (a) Each contract between a residential recyclin4 291 collector and a count,i or munici;-.alit for the collection or �runaru - aF 30trans,-)ort of residential recyclable material, and each request 31 for ssroosal or other solicitationfor the collection of 32 residential recyclable material, must include all ofthe I 33 following: 34 1. The respective strategies and obligations of the count 35� or municir)ality and the residential rec_ycling collector to 36 � reduce the amount of contaminated recyclable material being i ... 37 collected. 38 ' 2 . The procedures for identifyin- documentin-, mana ins , 39 and relectin residential rec-clin- containers, truck loads, 40 carts, or bins thatcontain contaminated recyclable material . j 41= 3. The remedies authorized to be used if a container, 42'' cart, or bin contains contaminated recyclable material. 43' 4 . The education and enforcement measures that will be 44 used to reduce the amount of contaminated recyclable material. 45 5 . A definition of the term "contaminated recyclable 46 material" that is aLL—ro. riate for the local community. 47 (b) Each contract between a recovered materials urocessin; 48 facility and a county or municipality for t,rocessinq residential m- a _ �..... ... ......_�._.. ......._._ � :_..a-e. ... �® 49 recyclable material, and each re,suest for rrof�osal or other 50 solicitation for orocessine residential rec%,clable material, Page 2 of 23 CODING:Words st�iekea are deletions;words underlined are additions. hb0073-02-er Page 55 of 1299 j F L O R I D A H O U S E O F RE P RESENTAT IVES + ENROLLED CS/HB 73 2020 Legislature i i I i E 51 must include all of the followin : 52 1 . The res2ective stratesies and obligations of the count, 53or munici ality and the facilitv to reduce the amount of 54� contaminated recyclable material beim collected and °.-processed. 55 2 . The i-rocedures for identifyin3cg, documenting, manaoin j, 56 and rejecting residential recvcling containers, truck loads, 571 carts, or bins that contain contaminated recyclable material. . 58 �1 3 . The remedies authorized to be used if a container or C 59t truck load contains contaminated recyclable material. 60€ 4 . A definition of the term "contaminated rec clable 611 material" that is of= )rot=riate for the local communit v_ 62 (c) After a contract is executed, a residential recvclin 63 collector is not re mired to collect or transport contaminated 64 recyclable material, excel t -uursuant to a contract consistent I 65 with para raph a As used in this subsection the term _ e i . _, �.��. �m r" — ,_��. _ ..... 66, residential rec clan collector means a business 671 entity that collects and transports residential recqvclable 68 material on behalf of a county or munici alit+ 69 (d) After a contract is executed, a recovered materials 70 processino, facility is not re�uired to Process contaminated 71 recyclable material, exce2t pursuant to a contract consistent 72 withara;lraLsh (b) . 73 (e) This subsection applies lies to each contract between a nn _ nn 74 �' municipalitv- or county and a residential recycling collector or 75 recovered materials orocessin� facilit executed or renewed _ _ ,� .... :.: ... . Page 3 of 23 CODING:Words Pdricken are deletions;words underlined are additions. hb0073-02-er Page 56 of 1299 F L O R I D A H O U S E O F REP RES ENTATIVES i I ENROLLED t CSIHB 73 2020 Legislature I 761 after October 1, 2020 , 77 (f) This subsection applies only= to the collection and 78� orocessinq ofmaterial obtained from residential recEclinc j 79 activities . As used in this subsection, the term "contaminated _.. ,n. ._...... _... ........ __ ...........a i' 80 recyclable material" refers only to recyclable material that is .......- _,� 81 comin led or mixed with solid waste or other nonhazardous ....._ _ _ .....� __._ 82 material The term does not include contamination as that term 83 or a derivation of that term is used in chatter 376 and other 841 sections of chapter 4y03, including, but not limited to, 85 brownfield site cleanup, water , ualit remediation, dr cleanin,�- _._ 86 solvent-contaminated site cleanup, ;petroleum-contaminated site 87 cleanup , cattle diin ' vat site cleanup, or other hazardous 88 �i waste remediation. 89 Section 2 . Subsection (1) of section 403. 813, Florida 90 Statutes, is amended to read: 91i 403 . 813 Permits issued at district centers; exceptions.- 92� (1) A permit is not required under this chapter, chapter 93 373, chapter 61-691, Laws of Florida, or chapter 25214 or 94 chapter 25270, 1949, Laws of Florida, and a local qovernment may 95 not reruire a person claiming this exception to rovide further 96 de ,,artment verification, for activities associated with the 97 ` following types of projects; however, except as otherwise 981 provided in this subsection, this subsection does not relieve an 99' applicant from any requirement to obtain permission to use or 100 occupy lands owned by the Board of Trustees of the Internal i Page 4 of 23 CODING:Words stkkee are deletions;words underlined are additions. hb0073-02-er Page 57 of 1299 6.C. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Accept fourth quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY 19/20. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly schedule Commission meeting. Report covers July 1, 2020 through September 30, 2020. How will this affect city programs or services? None Fiscal Impact: None Alternatives: Do not accept the report. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Museum 4th Quarter Report Y19/20 Page 58 of 1299 Alk Schoolhouse (, MUSEUM & LEARNING CENTER Quarterly Report FY '19/'20 4th Quarter General Operations The Museum was open during the 4th Quarter, however, we were operating a significantly reduced operating capacity due to COVID-19. In September, the County enabled some businesses, including Museums, to operate at full capacity. However, for the safety of our guests and staff, the Museum elected to function at up to 50%. Operational format continues to be two play sessions and an hour and a half closure in between for cleaning and sanitizing. Reservations are required as are masks for all guests age 2 and up, per County mandate. Though it is slow, we are noticing a gradual up-tick in visitation to the Museum, our website and Facebook page. Revenue Due to the continued impact of COVID-19, income remains significantly lower than the year before. Gross Revenue for the fourth quarter of'19/'20 was 28.5% lower than the same period the previous year. Excluding the City's support, income from operations, including fundraising for FY '19/'20— Q4 was $80,848.76 vs. $113,090.48 in FY '18/'19—Q4. Expenses Overall Expenses for the fourth quarter of'19/'20 were higher by 3.5% when compared to the same period last year. This is primarily due to a re-allocation of grant funds in received in '19/'20 but designated for the '20/'21 school year. Expenses for FY '19/'20— Q4 were $126,899.76 vs. $122,607.83 in FY '18/'19—Q4. Programming "Live" Museum programming resumed on September 71h. Participation began slowly, and is increasing along with the comfort level of parents. Virtual Storytime continues on Friday mornings. Respectfully submitted, Sum 20-S-k Executive Director Page 59 of 1299 6.D. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Resolution No. R20-124-Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $30,000 in sub-grant funding for the 2020-2021 funding cycle under the speed & aggressive driving priority area. The funding is allocated for traffic enforcement overtime. Approval of this award will allow our agency to conduct enforcement operations in high frequency crash fatality locations. The Boynton Beach Police Department was awarded this grant in previous years. 2019/2020- $50,000.00 2018/2019- $25,000.00 2017/2018- $40,000.00 How will this affect city programs or services? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries that are related to speed and aggressive driving through enforcement and education. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct enforcement operations. The Boynton Beach Police Department will also conduct education initiatives to raise awareness in regards to traffic safety, speed and aggressive driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. Fiscal Impact: Non-budgeted No fiscal impact. Alternatives: The police department would need to rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Transportation and Mobility Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Page 60 of 1299 Is this a grant? Yes Grant Amount: $30,000.00 ATTACHMENTS: Type Description D Resolution Resolution approving Speed and Aggressive Driving Grant with FDCCT D Agreement Award with signature page Page 61 of 1299 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER OR 5 POLICE CHIEF MICHAEL GREGORY TO APPLY FOR, 6 ACCEPT AND SIGN ALL DOCUMENTS, INCLUDING 7 GRANT AGREEMENT ASSOCIATED WITH THE 8 FLORIDA DEPARTMENT OF TRANSPORTATION 9 (FDOT) GRANT IN THE AMOUNT OF $30,000.00 FOR 10 THE BOYNTON BEACH SPEED AND AGGRESSIVE 11 DRIVING PRIORITY AREA; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS,the Florida Department of Transportation(FDOT) State Safety Office has 16 selected the City of Boynton Beach to receive $30,000.00 in sub-grant funding for the 2020-21 17 funding cycle under the speed and aggressive driving priority area; and 18 WHEREAS, the funding is allocated for traffic enforcement overtime; and 19 WHEREAS,upon recommendation of staff,the City Commission has determined that 20 it is in the best interests of the residents of the City to authorize the City Manager or Police 21 Chief Michael Gregory to sign all documents associated with the Florida Department of 22 Transportation (FDOT) grant in the amount of $30,000.00 for the Boynton Beach speed and 23 aggressive driving priority area. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 30 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated S:ACA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant(2020-21)-Reso.docx Page 62 of 1299 31 with the Florida Department of Transportation (FDOT) grant in the amount of$30,000.00 for 32 the Boynton Beach Speed and Aggressive Driving program, a copy of which is attached hereto 33 as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of November, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice-Mayor—Ty Penserga 43 44 Commissioner—Justin Katz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner— Christina L. Romelus 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 64 S:ACA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant(2020-21)-Reso.docx Page 63 of 1299 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS 500-065-01 SAFETY 9/20 Project Number: SC-2021-00115 FDOT Contract Number: G1 R54 Federal Funds Awarded: $30,000 FDOT DUNS Number: 80-939-7102 SubgrantAward (Start) Date: Subgrant End Date: 09/30/2021 Part I: GENERAL ADMINISTRATIVE INFORMATION Project Title: Boynton Beach Speed/Aggressive Driving Program Federal Funding: $30,000 Match: $ Total Cost: $30,000 1. SubrecipientAgency: 2. Implementing Agency: Agency Name: City of Boynton Beach Agency Name: Boynton Beach Police Department Address Line 1: PO Box 310 Address Line 1: 2100 High Ridge Road Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33425 Zip: 33426 3. Federal ID Number: 59-6000282 4. DUNS Number: 072247133 5. Chief Financial Officer: 6. Project Director: Name: Mara Frederiksen Name: Jaclyn Smith Address Line 1: PO Box 310 Address Line 1: 2100 High Ridge Road Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33425 Zip: 33426 Telephone No: (561)742-6312 ext. Telephone No: (561)742-6195 ext. E-Mail Address: frederiksenm@bbfl.us E-Mail Address: smithja@bbfl.us 7. Financial Reimbursement Contact: 8. Project Activity Contact: Name: Jaclyn Smith Name: Jaclyn Smith Title: Grant Manager Title: Grant Manager Telephone Number: (561)742-6195 ext. Telephone Number: (561)742-6195 ext. E-Mail Address: smithja@bbfl.us E-Mail Address: smithja@bbfl.us 9. Payment Remittance Address: Name: City of Boynton Beach Address Line 1: PO Box 310 Address Line 2: City: Boynton Beach State: Florida Zip: 33425 Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 1 of 32 Page 64 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done,who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem: The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city has approximately 75,000 year-round residents. During the winter months,there is a sharp increase with part-time residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north, and the City of Miami,which is approximately 50 miles to the south.The City of Boynton Beach has 9 major roadways, including Boynton Beach Boulevard (SR804),the main roadway with an exit/entrance to 1-95 and Florida's Turnpike. According to the Florida Department of Transportation (FDOT)fiscal year(FY)2021 Highway Safety Matrix,the City of Boynton Beach ranked 27 out of 33 for speeding and aggressive driving-related serious injuries or fatalities. Though our enforcement efforts have helped, it is clear that continued education and enforcement of the state's speeding and aggressive driving laws are necessary to reduce the incidences of serious injuries and fatalities on the city's roadways. 2. Proposed Solution: The Boynton Beach Police Department believes that any traffic safety program's success is not solely hinged on either component of enforcement, education, or engineering. This program aims to reduce traffic crashes, fatalities, and serious injuries that are speeding and/or aggressive driving related by implementing the following components. The Boynton Beach Police Department will review crash data weekly to determine high-frequency crash serious injury and fatality locations throughout our jurisdiction. We will develop schedules for traffic personnel to conduct"zero tolerance"overtime high visibility enforcement operations at the determined locations. The project director will be responsible for ensuring that the data is reviewed each week in order to check for any possible changes in the list. Our agency will commit to locating and targeting 10 total locations for this program. The project director will also be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specific areas,which will increase law enforcement presence. The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, businesses, civic organizations, and public forums to raise awareness of speed-related issues. The Police Department will determine through a review of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction.A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to solicit traffic safety and guidance. In order to facilitate the delivery of this traffic message,the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law enforcement agencies, and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation State Safety Office. 3. Project Objectives: Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 2 of 32 Page 65 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 a. Strive to decrease speed and/or aggressive driving crashes and fatalities citywide by 3%when compared to the previous three-year average. b. Conduct at least 1 speed and/or aggressive driving high visibility overtime enforcement operations per month. c. Participate in the state Southern Shield campaign through speed and/or aggressive driving overtime enforcement operations and educational/community activities. d. Conduct and or participate in 3 educational/community outreach events to increase speed and/or aggressive driving awareness during the project period. e. Provide speed and/or aggressive driving information and education to the public through the use of message boards/local media outlets/social media/press releases at least 3 times during the project period. 4. Evaluation: a. Speed and/or aggressive driving crashes and fatalities are reduced by 3% citywide, compared to the previous three-year average. b.The number of speed and/or aggressive driving high visibility overtime enforcement operations conducted per month. c.The number of speed and/or aggressive driving overtime enforcement operations conducted,and education/community activities conducted/participated in during the Southern Shield campaign. d.The number of educational/community outreach events conducted or participated in to increase speed and/or aggressive driving awareness during the project period. e.The number of instances that speed and/or aggressive driving information and education is provided to the public through the use of message boards/local media outlets/social media/press releases during the project period. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 3 of 32 Page 66 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 Part III: PROJECT DETAIL BUDGET Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY FEDERAL MATCH TOTAL INDIRECT FUNDS COST ELIGIBLE #�:`"Prsiinnei`S�rvees" Overtime Salary Only $30,000 $ $30,000 No Overtime Salary for law enforcement officers. Subtotal: $30,000 $ $30,000 Subtotal: $ $ $ �Xpen� st'1 Any;pt�r,�has�ulijftih�per�#erft unit;�ost of$200 qr Knore�rorirt any�jne�#gym ul�fihfn'fih➢s'Gate��iry; �z+c`lud�ng"software;"mtisfi'"have"Fi)flT Sfiat�°'"Safely Of�i��1Nrifitn appro`vaj,,prtor#�`purbhasi� Subtotal: $ $ I $ [).�`Eauipmenfi Gif�fi�ng �afl00 dr`"Mori '` Subtotal: $ $ I $ Subtotal: $ SEE= $ Total Cost of Project: $30,000 $ $30,000 Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 4 of 32 Page 67 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 PART IV: PERFORMANCE REPORT Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement.The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1. Submit request(s)for financial reimbursement. 2. Provide performance report(s). 3. Collect and analyze crash data to determine focus areas for targeted speed and aggressive driving enforcement. 4. Conduct speed and aggressive driving high visibility enforcement operations. 5. Conduct outreach/educational activities for speed and aggressive driving. National Highway Traffic Safety Administration (NHTSA)Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only) 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 5 of 32 Page 68 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 Part V: Acceptance and Agreement Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds,the following terms and conditions shall become binding.The term"Subrecipient" referred to herein,will reference both the Subrecipient and its Implementing Agency. This agreement is line item specific and an amendment to the subgrant agreement is required for any reallocation of funds provided under this subgrant agreement. FEDERAL REGULATIONS 1. Access to Public Records and Monitoring. The Florida Department of Transportation(FDOT), National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer(CFO),and Auditor General (AG)of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books,documents, papers,and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant agreement,as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients. By entering into this subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient is performed,the Subrecipient agrees to bring the project into compliance with this subgrant agreement.The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law. 2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law,the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant agreement,the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General. (b) The Subrecipient, a non-Federal entity as defined by 2 CFR Part 200, Subpart F-Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the following requirements: i. In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F-Audit Requirements,the Subrecipient must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. Part VI to this subgrant agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F-Audit Requirements. In determining Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 6 of 32 Page 69 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 Federal awards expended in a fiscal year,the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this subgrant agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F- Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements,will meet the requirements of this part. ii. In connection with the audit requirements,the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F-Audit Requirements. iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F-Audit Requirements, in Federal awards,the Subrecipient is exempt from Federal audit requirements for that fiscal year. However,the Subrecipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F-Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-Federal resources (i.e.,the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F- Audit Requirements, and required by this section, shall be submitted,when required by 2 CFR §200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC)as provided in 2 CFR§200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F-Audit Requirements, and this Agreement. However,the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F-Audit Requirements. v. Within six months of acceptance of the audit report by the FAC,the Department will review the Subrecipient's audit reporting package, including corrective action plans and management letters,to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this subgrant agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions,the Department may take appropriate actions to enforce compliance,which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Department 2. Disallow(deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance 3. Wholly or partly suspend or terminate the Federal award 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations(or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency) Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 7 of 32 Page 70 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 5. Withhold further Federal awards for the Project or program 6. Take other remedies that may be legally available vi. As a condition of receiving this Federal award,the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings,appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. Copies of financial reporting packages required by this section shall be submitted by or on behalf of the Subrecipient directly to each of the following: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSi ngleAuditfldot.state.fl.us The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. viii. Any reports or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR§200.512, section 215.97, Florida Statutes,and Chapters 10.550(local government entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. ix. The Subrecipient,when submitted financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, or Chapters 10.550(local government entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all Project records by the Secretary and Inspector General of the United States Department of Transportation and the Comptroller General of the United States, or their designees. (d) The Subrecipient shall permit, and shall require its contractors to permit,the Department's and NHTSA's authorized representatives to access the Project site; inspect all work, materials, payrolls, and records;and to audit the books, records and accounts pertaining to the financing and development of the Project. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 8 of 32 Page 71 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 3. Offsets.If, after subgrant completion,any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement,the Department may offset the amount claimed from payments due for work or services under any other agreement it has with the Subrecipient if, upon demand, payment of the claimed amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 4. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver(Docket No. NHTSA-2015-0065)and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is$5,000 or more, including motor vehicles,that is not produced in the United States. NHTSA may waive those requirements if(1)their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or(3)the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act.Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 5. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of$150,000. 6. Code of Conduct.The Subrecipient has established,and will maintain, a written code or standard of conduct applicable to its officers, employees, board members or agents, and those individuals'relatives,that prohibits their involvement in the selection, award, or administration of any contract in connection with the Project if they have a present or potential financial or other significant interest therein and prohibits the acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of work on the Project. 7. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 8. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant agreement in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9. Debarment and Suspension. No subcontract issued under this subgrant agreement,will be made to parties listed on the governmentwide Excluded Parties List System in the System forAward Management (SAM), in Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 9 of 32 Page 72 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp., p. 189)and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension."The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 10. Disadvantaged Business Enterprises(DBE). (a) The Subrecipient agrees to the following assurance: The Subrecipient shall not discriminate on the basis of race, color, national origin,or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this subgrant agreement. Upon notification to the Subrecipient of its failure to carry out its approved program,the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy,as the Subrecipient or the Department deems appropriate. 11. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this Agreement, or any project, program, or activity that receives or benefits from this Agreement. The Subrecipient agrees to comply with Executive Order(E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. The Equal Opportunity Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference. In connection with the carrying out of the Project,the Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, creed, color,sex or national origin and will comply with all Federal statutes and implementing regulations relating to nondiscrimination. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, age, creed, color,sex,or national origin. Such action shall include, but not be limited to,the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Subrecipient shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project,except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Subrecipient shall post, in conspicuous places available to employees and applicants for employment for Project work, notices 12. No Federal Obligation. This agreement is financed by federal funds. However, payments to the subrecipient will be made by the Department. The United States is not a party to this Agreement and no reference in this Agreement,to the United States, USDOT, NHTSA, or any representatives of the federal government makes the United States a party Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 10 of 32 Page 73 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 to this Agreement. 13. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin)and 49 CFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects) (c) Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686)(prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability)and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors,whether such programs or activities are Federally-funded or not) (g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189)(prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing)and 49 CFR parts 37 and 38 (h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations(prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP)by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs(70 FR 74087-74100) (j) Nondiscrimination Clause. During the performance of this subgrant,the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation,as set forth in appendix B of 49 CFR part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 11 of 32 Page 74 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant,the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies;and/or cancelling,terminating, or suspending a contract or funding agreement, in whole or in part. (e) To insert this clause, including paragraphs(a)through (e), in every subcontract and sub-agreement and in every solicitation for a subcontract or sub-agreement,which receives Federal funds under this program 14. Ownership of Data and Creative Material. The ownership of material,discoveries, inventions and results developed, produced, or discovered by this subgrant agreement are governed by the terms of 2 CFR, Section 200.315, Intangible Property, herein incorporated by reference. 15. Political Activity. The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508),which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 16. Property Accountability. The Subrecipient shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department,or purchased pursuant to this subgrant agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32,49 CFR 19, Section 19.34, or 2 CFR, 200.33, herein incorporated by reference.This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this subgrant agreement. 17. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference,for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Subrecipient certifies,to the best of his or her knowledge and belief,that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting 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 the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. iii. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers(including subcontracts, subgrants,and contracts under grant, loans, and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 12 of 32 Page 75 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 (b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots")lobbying activities,with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. (c) Restriction of Use for Federal Civilian and Military Employees.Subgrant funding is not allowable for the cost of training federal civilian and military employees. Indian Nations may be supported with written approval from the FDOT Traffic Safety Administrator and NHTSA. 18. Termination and Suspension. (a) Generally. If: (i)the Subrecipient abandons or, before the end of the state fiscal year for which financial assistance for the Project is provided under this Agreement, finally discontinues the Project; (ii)the Subrecipient fails to comply with applicable law or the terms of this Agreement; or(iii)for any other reason,the commencement, prosecution,or timely completion of the Project by the Subrecipient is rendered improbable, infeasible, impossible, or illegal,the Department may, by written notice to the Subrecipient, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. Termination of this Agreement shall be governed by the provisions of 2 CFR Part 200. (b) Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department,the Subrecipient shall proceed promptly to carry out the actions required in such notice,which may include any or all of the following: (1)necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2)furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Subrecipient to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 19. Human Trafficking.The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by which the Subrecipient's contractor agrees that it and its employees that perform any work on the Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial sex act, or use forced labor in the performance of work on the Project. 20. Unauthorized Aliens.The Department shall consider the employment by the Subrecipient of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act. If the Subrecipient knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 21. Title VII -Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by Title VII of the Civil Rights Act of 1964(42 U.S.C. 1981,et seq.),which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 22. Americans with Disabilities Act of 1990(ADA). Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by the ADA(42 U.S.C. 12101, et seq.),the regulations of the federal government issued thereunder, and the assurance by the Subrecipient pursuant thereto. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 13 of 32 Page 76 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 23. Integrity Certification. By signing this Subgrant Agreement,the Subrecipient certifies that neither it nor its contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 24. Federal Encouragements. (a) Vehicle Pursuits. Pursuant to 23 U.S.C.4020), all law enforcement agencies are encouraged to follow the guidelines stablished for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b) Policy on Seat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States,subrecipients are encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. (c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, subrecipients are encouraged to: i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles,or privately-owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting and driving. iii. Insert the substance of this section, including this sentence, in all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are $15,000 or more. 25. Reversion of Unexpended Subgrant Funds. All funds granted by the Department under this Agreement that have not been expended during the term of this Agreement shall revert to the Department. STATE REGULATIONS 26. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to comply with all applicable provisions of Chapter 287, Florida Statutes(F.S.). The following provisions are stated in this subgrant agreement pursuant to sections 287.133(2)(a)and 287.134(2)(a), F.S. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 14 of 32 Page 77 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 (b) Section 287.134(2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. (c) The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management Services(DMS)website. 27. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Department subgrant agreement,the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subrecipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient in conjunction with this subgrant agreement. 28.Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Section 20.055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S.,and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. 29. E-Verify. Subrecipients: (a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 30. Indemnification and Insurance. (a) Indemnification.To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes,the Subrecipient shall indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities,damages, losses, and costs, including, but not limited to, reasonable attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity. (b) Subrecipient Contracts.Subrecipient agrees to include the following indemnification clause in all contracts with contractors, subcontractors, consultants,or subconsultants who perform work in connection with this Agreement(modified to appropriately identify the parties): "To the fullest extent permitted by law,the Subrecipient's contractor/consultant shall indemnify and hold harmless the Subrecipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities,damages, losses and costs, including, but not limited to, reasonable attorney's fees,to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 15 of 32 Page 78 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity." (c) Workers'Compensation.The Subrecipient shall provide Workers'Compensation Insurance in accordance with Florida's Workers'Compensation law for all employees. If contracting for any of the work,the Subrecipient shall ensure that its contractors have Workers'Compensation Insurance for their employees in accordance with Florida's Workers'Compensation law. If using "leased employees"or employees obtained through professional employer organizations("PEO's"), the Subrecipient shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers'Compensation law. 31. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. 32. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, F.S.,the Subrecipient shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both,due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient,and its contractor, consultant, agents and employees. The Subrecipient shall be liable for any loss of, or damage to,any material purchased or developed under this subgrant agreement which is caused by the Subrecipient's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended to create in the public or any member thereof, a third-party beneficiary, or to authorize anyone not a party to this subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant agreement. 33. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature,judicial branch, or state agencies, per Section 216.347, F.S. 34. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued,and shall allow the Department, or its designee,the state CFO, or AG access to such records,which are not protected by State law, upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee,the state CFO, or AG upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 35. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 16 of 32 Page 79 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 MISCELLANEOUS PROVISIONS 36. Prohibited Interests.The Subrecipient shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Subrecipient, or any business entity of which the officer, director or employee or the officer's,director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. i. "Material Interest" means direct or indirect ownership of more than 5%of the total assets or capital stock of any business entity. ii. The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project,with any person or entity who was represented before the Subrecipient by any person who at any time during the immediately preceding two(2)years was an officer, director or employee of the Subrecipient. iii. The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Subrecipient and an agency of state government. 37. Interest of Members of,or Delegates to,Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 38. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 39. Relationship of Parties.The Subrecipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 40. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Subrecipient,and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 42. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. 43. Bonus or Commission. By execution of the Agreement the Subrecipient represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 17 of 32 Page 80 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 44. Notices.Any notice, demand, or request which is required to be given under this Agreement in writing shall be delivered to the following address: Florida Department of Transportation Attn: Traffic Safety Administrator State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 45. Agreement Format.All words used in this Agreement in the singular form shall extend to and include the plural.All words used in the plural form shall extend to and include the singular.All words used in any gender shall extend to and include all genders. 46. JURY TRIAL WAIVER.The Subrecipient and the Department hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating to this agreement and for any counterclaim therein. 47. Execution of Agreement.This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 48. Agreement not Assignable.The Subrecipient may not assign any of its rights or obligations under this Agreement. GRANT MANAGEMENT 49. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to this subgrant agreement.Amendments to this subgrant agreement will be approved if the modification(s)to be made will achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written request signed by the one of the original signatories of this subgrant agreement. Specific delegation(s)for amendments must be provided in writing from the original signatory of the Subrecipient. 50. Disputes and Appeals. Any dispute,disagreement, or question of fact arising under this subgrant agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing.The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative,whose decision is final.Addresses are: Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450 The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with Department's decision(s). 51. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace previously purchased equipment that is damaged,stolen, lost, or that wears out as a result of misuse,whether the equipment was purchased with federal, state, or local funds. (a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s)for as long as needed for those purposes. Subrecipients must maintain an inventory control system that has Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 18 of 32 Page 81 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 adequate safeguards in place to prevent loss, damage,or theft. (b) Equipment Costing$5,000 or more. Equipment with a useful life of more than one year and an acquisition cost of$5,000 or more per unit shall be subject to the following requirements: i. Purchases shall receive prior written approval from the FDOT Safety Office. ii. Biannual certification of appropriate use and condition of equipment shall be provided to the FDOT Safety Office. iii. Dispositions must be requested and shall receive prior written approval from the FDOT Safety Office. (c) Disposition of Equipment Costing$5,000 or more. In the event the equipment is no longer needed for the originally authorized subgrant agreement purpose(s)or has reached the end of its useful life, Subrecipients should use the Equipment Disposition Request Form 500-065-026 to coordinate with the FDOT State Safety Office to obtain required approvals to dispose of the equipment of or transfer the equipment to another agency for use. (d) Disposition of Equipment Costing Less than $5,000. Equipment that does not meet the unit purchase price threshold of$5,000 should be disposed of in accordance with the agencies own procurement and disposition policies. Documentation of this disposition should be noted in the Subrecipient files. (e) Equipment Replacement or Repair. The Subrecipient is responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. (f) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must use the equipment for the authorized purposes of the project,whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313.Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 52. Expense Purchases for$200 or more:Any purchase with a per item unit cost of$200 or more from any line item within the Expense Category,excluding software, must have FDOT State Safety Office written approval, prior to purchase. 53. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall be attributed to the Subrecipient,the Subrecipient shall not be in default by reason of any failure in performance of this subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires,floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's consultant or contractor to perform or make progress,and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor, and without the fault or negligence of any of them,the Subrecipient shall not be deemed to be in default, unless(1)the supplies or services to be furnished by the consultant or contractor were Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 19 of 32 Page 82 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure such supplies or services from other sources, and (3)the Subrecipient shall have failed to comply reasonably with such order. Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes,the delivery schedule shall be revised accordingly. If the Subrecipient is unable to fulfill the activities stated in the Proposed Solution or Project Objectives in this agreement(Part II: PROJECT PLAN AND SUPPORTING DATA)due to the COVID-19 pandemic,the Subrecipient must contact the FDOT State Safety Office immediately to discuss potential amendments and/or alternate plans. 54. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant agreement is held invalid, the remainder of this subgrant agreement shall not be affected. In such an instance,the remainder would then continue to conform to the terms and requirements of applicable law. The Subrecipient acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. 55. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends (c) Failure to provide required performance and final narrative reports in the required time frame (d) Failure to perform work described in Part II of this subgrant agreement (e) Failure to provide reimbursement requests and performance reports in a timely manner (f) Providing fraudulent performance reports or reimbursement requests (g) Misuse of equipment purchased with Federal highway safety funds 56. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subrecipient,the Subrecipient's consultant(s)or contractor(s)and supplier(s),the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an event,the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation,the ability to remedy, and the effect on the project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction . 57. Personnel Hired or Paid Under this Subgrant Agreement. (a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive reimbursement for personnel hours nor receive any other benefit under this subgrant agreement. (b) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in part through this subgrant agreement, shall be the employee of the Subrecipient only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement. No other allocation method is allowable for reimbursement. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 20 of 32 Page 83 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 (c) Overtime. i. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours;therefore, only hours qualifying as"overtime", per the Subrecipient policies will be eligible for reimbursement by this subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported,and billed based on hours worked for each subgrant agreement type. ii.Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally-financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c).Additional hours may be called overtime, off duty, extra, additional,etc., as long as it enhances/increases traffic safety activities.A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. (d) Additional Requirements for Law Enforcement Agencies. i. Created Position(s) Reporting and Maintenance Requirement. Subrecipients receiving first year funding for a newly created full-time position(s)through a subgrant agreement shall provide written notification to the FDOT State Safety Office within 30 days of this subgrant agreement being awarded that a new position(s) has been created in the agency as a result of this subgrant agreement being awarded. Positions created with subgrant funding shall continue to be funded by the Subrecipient after federal funding ends to be eligible for future subgrant funding. 58. Reports. The following reports are required for reimbursement of subgrant funding: (a) Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described in Part IV of this subgrant agreement. (b) Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Subrecipient as unpaid if the required reports are not provided, following notification. (c) Enforcement Activity Reports. Enforcement Activity Report(s)for each type of enforcement shall be provided with each request for financial reimbursement for overtime worked.Agency specific activity reports may be used, if those reports include all information detailed in each FDOTActivity Form. (d) Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as necessary, for subgrant agreement monitoring. 59. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of $25,000.00 and a term for a period of more than 1 year,the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability,or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year.Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 21 of 32 Page 84 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." 60. Travel. (a) Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06)or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S. and the most current version of the Disbursement Handbook for Employees and Managers. (b) Authorization and Restriction.All travel authorized under this subgrant shall be subject to any additional authorization requirements or restrictions imposed by: the Governor's Executive Order or other guidance; any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements; and/or FDOT during the subgrant period. (c) Prerequisite Approvals. Travel meeting any of the following criteria shall require a written request for approval from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is within the travel budget of the project and relevant to the project: i. Purchase of Air fare ii. Travel to conference iii. Travel which includes a registration fee iv. Out-of-subgrant-specified work area travel v. Out-of-state travel Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of available funding in travel budget. (d) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $175.00 per night(before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of$175.00 plus the applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the$175 per night limit,the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. (e) Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences. Lodging contracts may be funded to accommodate attendance of subgrant funded statewide coalition meetings, conferences,and programs. If lodging a lodging contract is executed to cover lodging cost,all travelers shall be expected to use the contract, and any attendees choosing alternate lodging accommodations based on preference,shall do so at their own out of pocket costs. Cost for these lodging contracts will be reviewed and approved for program appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. 61. Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle(excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel.All agencies must report any vehicle use(excluding law enforcement vehicles)and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21)and the Safety Grant Equipment Maintenance Form(FDOT Form No. 500-065-22). Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 22 of 32 Page 85 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule 6013-1.004 F.A.C. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant agreement shall be subject to repossession by the FDOT State Safety Office. FINANCIAL/FISCAL 62. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers,to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to this subgrant agreement shall be allowable. 63. Subcontract Agreements. (a) Requirement for Pre-Approval. All subcontract agreements must be submitted to the FDOT Safety Office in draft form for review and approval.Approval of this subgrant agreement does not constitute approval of subcontract agreements. (b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include as a minimum the following information: i. Beginning and end dates of the subcontract agreement(not to exceed this subgrant agreement period) ii. Total contract amount iii. Scope of work/Services to be provided iv. Quantifiable, measurable,and verifiable units of deliverables V. Minimum level of service to be performed and criteria for evaluating successful completion vi. Budget/CostAnalysis vii. Method of compensation/Payment Schedule (c) Additional Required Clauses. i. All subcontract agreements shall contain the following statement: "The parties to this contract shall be bound by all applicable sections of Part V:Acceptance and Agreement of Project#(insert project number), FDOT Contract#(insert contract number). A final invoice must be received by (insert date)or payment will be forfeited." ii. Buy American Act clause(see Section 4 of Part V) iii. Certification Regarding Federal Lobbying(see Section 17 of Part V) iv. Cooperation with Inspector General (see Section 28 of Part V) V. DBE Clause(see Section 10(b)of Part V) vi. E-Verify clause(see Section 29 of Part V) vii. Nondiscrimination clause (see Section 13 of Part V) viii. Clean Air Act and Federal Water Pollution Control Act clause(subcontracts in excess $150,000) (see Section 5 of Part V) ix. Integrity Certification Clause(see Section 23 of Part V) Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 23 of 32 Page 86 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 X. Contract Work Hours and Safety Standards Act(subcontracts in excess of$100,000) (see Section 8 of Part V) xi. Indemnification and Insurance(see Section 30 of Part V) xii. Policy on Banning Text Messaging While Driving Act(subcontracts in excess of$15,000) (see Section 24 of Part V) xiii. Human Trafficking Clause(see Section 19 of Part V) 64. Indirect Costs. Indirect costs included in this subgrant agreement in Part III, under the indirect line item are based on the indirect costs rate the Subrecipient used in the competitive concept paper application process. The rate will be applied in accordance with 2 CFR 200 and the Subrecipients federally approved rate agreement. If the Subrecipient does not have a federally approved costs rate agreement, a de minimis rate of 10%of modified total direct costs in the manner described in 2 CFR 200.414 will be used. [The de minimis rate is available only to entities that have never had a negotiated indirect cost rate. When selected,the de minimis rate must be used consistently for all federal awards until such time the Subrecipient chooses to negotiate a rate. Ade minimis certification form must be submitted to the Department for review and approval.] All subgrant awards are based on cost benefit, available funding, and if the indirect costs rate requested significantly affects the proposed project's ability to adequately address the traffic safety need . 65.Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior to the end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee or approved contractor or consultant performs the service required or when goods are received by the Subrecipient, notwithstanding the date of order. 66. Procedures for Reimbursement. (a) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department(FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable,and verifiable units of deliverables and costs, including supportive documentation. ALL requests for reimbursement shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement. (b) Supporting Documentation. Invoices for cost reimbursement subgrants must be supported by an itemized listing of expenditures by category (salary,travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved subgrant budget may be reimbursed. These expenditures must be allowable(pursuant to law)and directly related to the services being provided. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request,which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services,online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.p df. Listed below are types and examples of supporting documentation: I. Personnel Services. a. Salaries: Timesheets that support the hours worked on the project or activity must be kept.A payroll register,or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions, and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 24 of 32 Page 87 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 worked times the rate of pay will be acceptable. b. Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits amount must be shown. ii. Contractual Services.Should be supported by a copy of the approved subcontract agreement, invoice showing payment request and dates of service from the vendor,and proof of payment by the Subrecipient. iii. Expenses.Should be supported by a copy of any required pre-approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. iv. Travel. Reimbursement for travel must be in accordance with s. 112.061, F.S.and the most recent version of the FDOT Disbursement Handbook,which includes submission of the travel costs on an approved state travel form along with supporting receipts and invoices. v. Equipment Costing Over$5,000.Should be supported by a copy of any required pre-approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. vi. Indirect Cost. If the subgrant stipulates that indirect costs will be paid based on a specified rate,then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs.All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. All documentation should be readable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time-period or calculation amounts will require resubmittal by the Subrecipient. If documents provided do not equal totals requested, additional documentation may be requested, or amounts reimbursed will be reduced to totals supported by documentation. Subgrant agreements between state agencies,and/or subgrant agreements between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports and do not have to include check numbers. (c) Frequency and Deadlines for Submission. I. Partial Claims. Subrecipients should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this subgrant agreement being terminated. ii. Final Claim. Afinal financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of this subgrant agreement period. Such request should be distinctly identified as Final. The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by October 31 following the end of this subgrant agreement period. (d) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be submitted on the FDOT Contractor Travel Form (300-000-06)and will be paid in accordance with Section Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 25 of 32 Page 88 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (e) Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of$5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before receipt of this form. (f) Media Purchase Reimbursement. Proof of performance(e.g., copies and/or images of posters, air schedules, etc.)of all paid media purchased with subgrant funds shall be attached to reimbursement requests. (g) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient, or their delegate. Delegation letters must be provided for each subgrant agreement. (h) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30-day review process to approve goods and services that starts on the date of receipt of financial reimbursement request.After that review and approval,the Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected,and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S.,will be due and payable, in addition to the financial reimbursement request amount,to the Subrecipient. Interest penalties of less than one (1)dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment.The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. (i) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory,the Department shall notify the Subrecipient of the deficiency to be corrected,which correction shall be made within a timeframe to be specified by the Department. The Subrecipient shall,within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of subgrant agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or subgrant agreement noncompliance. If the corrective action plan is unacceptable to the Department,the Subrecipient will not be reimbursed to the extent of the non-performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved,the Subrecipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If the Subrecipient is unable to resolve the deficiency,the funds shall be forfeited at the end of this subgrant agreement term. (j) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at (850)413-5516. 67. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this subgrant agreement shall be maintained and made available upon request to the Department at all times during the period of this subgrant agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 26 of 32 Page 89 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 68. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 69. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for attendance. 70. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures.All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office.All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). REQUIREMENTS 71. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. 72. Enforcement. (a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term "automated traffic enforcement system" includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a citation, or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. (b) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high-risk areas with the greatest number of crashes,serious injuries, fatalities,and/or traffic violations (citations). Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed throughout this subgrant agreement period. (c) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this subgrant agreement. High Visibility Enforcement is defined as: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. (d) Impaired Driving Enforcment. I. Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Explansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office.Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. The Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 27 of 32 Page 90 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii. Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, Halloween, and the end of year holiday season. iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST)course b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course d. NHTSA/IACP 8-hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE)course f. Be an active certified Drug Recognition Expert(DRE) (e) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. (f) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. (g) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Shield. i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or Iasar speed detection system, must be certified in the use of that piece of equipment. 73. Public Service Announcements,Marketing,and Advertisements. (a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media,when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: i. What program/policy the paid media is supporting ii. How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol iii. The amount allocated for paid media Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 28 of 32 Page 91 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 v. The measures that will be used to assess message recognition and penetration of the target audience. (c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT. "Brought to you by"or "Provided by" may also be used for this requirement. The name of the Subrecipient and its logo can appear on the paid media but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. (d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S., which includes items such as tickets, seats,food,travel, apparel, memorabilia, etc.,to any representative of this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 74. Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD-ROMs, and similar media that contain educational materials are all allowable because their purpose is to contain and convey educational information. In order to be considered educational, distributed material must provide substantial informational and educational content to the public(not merely a slogan)and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive, CD-ROM,or similar device,that device must be an economical method of conveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following: (a) What public information or educational item is being requested (b) What program/policy is the item supporting (c) Who the target audience is (d) How the item will be distributed (e) Estimated unit cost(s)for the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this subgrant agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. Printed materials(tip cards, brochures, safety pledges, surveys, activity books, booklets,guides, etc.)can be freely distributed, however tangible items(helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.) require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to receive the item. Interaction includes attending a presentation, having a discussion with a program representative, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words"Funding provided by the Florida Department of Transportation or Funded by FDOT" Shall appear on or in all items. "Brought to you by"or"Provided by" may also be used for this requirement. The name of the Subrecipient and its logo can appear on any of the public information and education items.The names of individuals connected with the Subrecipient shall not appear on any printed materials,and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo"Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18, 2016), Use of NHTSA grant funds to purchase promotional items or memorabilia (backpacks, cups, flashlights, key Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 29 of 32 Page 92 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 chains, magnets,shirts, stickers, sunglasses, umbrellas, etc.)is prohibited and therefore unallowable under this subgrant agreement. 75. Publication and Printing of Observational Surveys and Other Reports. (a) Review and Publication. During this subgrant agreement period, but before publication or printing,the final draft of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement shall be submitted to the FDOT State Safety Office for review and concurrence.After this subgrant agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15-day prior written notice. (b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval. (c) Required Language. Each publication or other printed report covered by Paragraph 75(a)above shall include the following statement on the cover page: i. This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation, or any other agency of the State or Federal Government. 76. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy,which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 77. Special Conditions. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 30 of 32 Page 93 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: Q 20.600- State and Community Highway Traffic Safety Program (NHTSA 402 Funds) 20.611 - Incentive Grant Program to Prohibit Racial Profiling (NHTSA 1906 Funds) 20.614- National Highway Traffic Safety Administration Discretionary Safety Grants (NTHSA 403 funds) 20.616- National Priority Safety Program(NHTSA405 Funds) *Federal Funds Awarded: $30,000 Awardinq Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No Federal resources awarded pursuant to this subgrant are subject to the following audit requirements: (a) 2 CFR Part 200- Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards www.ecfr.gav Federal resources awarded pursuant to this subgrant may also be subject to the following: (a) Federal Funding Accountability and Transparency Act (FFATA)Sub-award Reporting System(FSRS) www.fsrs.Dov Federal Award Identification Number(FAIN): FAIN Award Date: 69A37519300004020FL0 04/17/2019 Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 31 of 32 Page 94 of 1299 Project Title:Boynton Beach Speed/Aggressive Driving Program 500-065-01 Project Number:SC-2021-00115 SAFETY 9/20 FOOT Contract Number:G1 R54 IN WITNESS WHEREOF,the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now,therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month,and year set out below. (For FDOT Use Only) STATE OF FLORIDA SUBRECIPIENT DEPARTMENT OF TRANSPORTATION By: By: Signature of Authorized Representative Authorized FDOT State Safety Office Representative Name: Authorized Representative's Name Printed Date: Date Signed Title: Authorized Representative's Title Printed Date: Date Signed Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY By: By: Authorized FDOTAttorney Signature of Authorized Representative Name: Authorized Representative's Name Printed Date: Date Signed Title: Authorized Representative's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. Amendment Number:Original SUB-2021-BoyntonBea-00115 Page 32 of 32 Page 95 of 1299 6.E. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Resolution No. R20-125-Accept a permanent drainage easement to receive discharge from the Industrial Way drainage system and authorize the recording of the easement with a lump sum payment of$12,500.00 to Boynton Beach Distribution Center Master Association for acquisition of the easement. Explanation of Request: The Public Works Department Engineering Division is implementing drainage and road improvements to the Industrial Way right-of-way (see Attachment 1 — Location Map). Staff is requesting the City Commission approve, have recorded in the public records, and authorize funds to obtain the permanent drainage easement needed to provide a drainage outfall for the Industrial Way drainage system. The permanent easement will be over Tract D-1 as shown on the Plat of the Boynton Beach Distribution Center (see Attachment 2—Plat). How will this affect city programs or services? The easement is necessary to allow the permitting of the connection to the existing storm water pond and to provide permanent access for ongoing maintenance and inspection of the system. Fiscal Impact: Funding is allocated in project#CP0266 and account#303-4905-580.63-08. Alternatives: Do not approve and look for alternate point of discharge. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 96 of 1299 ATTACHMENTS: Type Description D Resolution Resolution accepting Industrial Way permanent drainage easement D Attachment Attachment 3® Easement Agreement D Attachment Attachment 2— Plat D Attachment Attachment 1 — Location Map Page 97 of 1299 I RESOLUTION NO. R20 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING A PERMANENT 5 DRAINAGE EASEMENT TO RECEIVE DISCHARGE FROM THE 6 INDUSTRIAL WAY DRAINAGE SYSTEM AND AUTHORIZE THE 7 RECORDING OF THE EASEMENT WITH A LUMP SUM 8 PAYMENT OF $12,500.00 TO BOYNTON BEACH DISTRIBUTION 9 CENTER MASTER ASSOCIATION FOR ACQUISITION OF THE 10 EASEMENT; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Public Works Department Engineering Division is implementing 13 drainage and road improvements to the Industrial Way right-of-way; and 14 WHEREAS, staff is requesting the City Commission approve, have recorded in the 15 public records, and authorize funds to obtain the permanent drainage easement needed to 16 provide a drainage outfall for the Industrial Way drainage system ; and 17 WHEREAS,the easement is necessary to allow the permitting of the connection to the 18 existing storm water pond and to provide permanent access for ongoing maintenance and 19 inspection of the system; and 20 WHEREAS,the City Commission,upon recommendation of staff, deems it in the best 21 interest of the Citizens and residents of the City of Boynton Beach to approve and accept a 22 permanent drainage easement to receive discharge from the Industrial Way drainage system 23 and authorize the recording of the easement with a lump sum payment of $12,500.00 to 24 Boynton Beach Distribution Center Master Association for acquisition of the easement. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing"WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach hereby approves 30 and accepts a permanent drainage easement to receive discharge from the Industrial Way S:\CA\RESO\Accepting Permanent Drainage Easement Industrial Way-Reso.Docx Page 98 of 1299 I drainage system and authorize the recording of the easement with a lump sum payment of 2 $12,500.00 to Boynton Beach Distribution Center Master Association for acquisition of the 3 easement. A copy of the Drainage Easement Agreement is attached hereto as Exhibit"A". 4 Section 3. That this Resolution will become effective immediately upon passage. 5 PASSED AND ADOPTED this day of November, 2020. 6 CITY OF BOYNTON BEACH, FLORIDA 7 YES NO 8 9 10 Mayor— Steven B. Grant 11 12 Vice Mayor—Ty Penserga 13 14 Commissioner—Justin Katz 15 16 Commissioner—Woodrow L. Hay 17 18 Commissioner— Christina L. Romelus 19 20 21 VOTE 22 23 24 ATTEST: 25 26 27 28 Crystal Gibson, MMC 29 City Clerk 30 31 32 33 (Corporate Seal) 34 S:\CA\RESO\Accepting Permanent Drainage Easement Industrial Way-Reso.Docx Page 99 of 1299 This Instrument Prepared By: Sean M. Swartz,Esquire GOREN, CHEROF,DOODY&EZROL,P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale,Florida 33308 DRAINAGE EASEMENT AGREEMENT This Drainage Easement Agreement is made on this day of 2020 by BOYNTON BEACH DISTRIBUTION CENTER MASTER ASSOCIATION, INC., a Florida not for profit corporation (hereinafter the "Grantor") to and in favor of the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter the "Grantee")whose address is 100 E. Ocean Ave., Boynton Beach, Florida 33435. WITNESSETH WHEREAS, Grantor is the owner of that certain real property (hereinafter the "Easement Property") located in Palm Beach County, Florida, more particularly described as follows, to wit: TRACT D-1, BOYNTON BEACH DISTRIBUTION CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGE 100 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA WHEREAS, Grantee intends to install a drainage system that will receive all the water ponding on Industrial Way, which drainage system will provide water quality treatment via exfiltration trench, and convey/discharge water into the lake (the "Drainage System"); and WHEREAS, Grantor agrees to grant to the Grantee for the purpose of drainage from the Drainage System on the adjacent real property, an easement over, under, across and upon the Easement Property. WHEREAS, Grantee agrees to pay to the Grantor, a one time lump sum payment of Twelve Thousand Five Hundred and 00/100 ($12,500.00) Dollars for the easement rights described herein; and NOW, THEREFORE, for and in consideration in hand paid by Grantee to Grantor and other good and valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor agrees as follows: t00396928.1 306-9905509} Page 100 of 1299 1. Grant of Easement. Grantor does hereby grant and convey to Grantee a non- exclusive permanent easement over, under, across and upon the Easement Property ("Easement"). 2. The Easement is hereby granted and conveyed for the purpose of drainage from the Drainage System on the adjacent real property over, under, across and upon the Easement Property. 3. Use of Easement. Grantee shall have the right to do all things reasonably necessary, useful or convenient for the purposes outlined in Section 2, which do not cause any damage to the Easement Property; increase the cost of maintaining or insuring the Easement Property, or otherwise impede its use as water retention for the Grantor's members and tenants. 4. Perpetual Duration. This Easement shall be perpetual in duration and shall not be changed, altered or amended except by a written instrument executed by Grantor and Grantee or their respective successors or assigns. 5. Covenants of Grantor. Grantor hereby warrants and covenants the following: a) Grantor is the owner of fee simple title to Easement Property. b) The Grantor has good right and lawful authority to grant and convey this Easement Property to Grantee. c) Grantee shall have quiet and peaceful possession, use and enjoyment of this Easement Property, subject to the terms and obligations as set forth herein. 6. Remedies for Breach. Grantor and/or Grantee shall each have the right to enforce the terms of this Easement and the rights and obligations created herein by all remedies provided under the laws of the State of Florida, including without limitation, the right to sue for damages for breach or for injunction or specific performance. In the event that it is necessary for either Grantor and/or Grantee to file suit in order to enforce the terms hereof, then the prevailing party in such suit shall be entitled to be paid reasonable attorney's fees and court costs in addition to any other award that the Court might make from the non prevailing party. 7. Covenant Running with the Land. This Easement and all conditions and covenants set forth herein are intended and shall be construed as covenants running with the land, binding upon and inuring to the benefit of Grantor or Grantee, as the case may be, and their respective heirs, successors and/or assigns, including without limitation, all subsequent owners of the Easement Property and all persons claiming by, through and under them. t00396928.1 306-9905509} Page 101 of 1299 8. Indemnification and Hold Harmless. To the extent permitted by law and subject to the limitations of Section 768.28 F.S., Grantee agrees to indemnify, defend and hold Grantor harmless from any liability or damages including all actual costs and attorneys' fees associated therewith arising out of the Grantee's rights and obligations under this Easement. This provision shall not constitute a waiver of sovereign immunity. (This Space is Intentionally Blank; Signature Page to Follow) t00396928.1 306-9905509} Page 102 of 1299 IN WITNESS WHEREOF, Grantor have executed and delivered this Drainage Easement Agreement on the day and year written in the first paragraph. GRANTOR: BOYNTON BEACH DISTRIBUTION CENTER MASTER ASSOCIATION, INC., a Florida Corporation By: Print Name: Title: Signed, sealed and delivered in the presence of WITNESSES: Print Name Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2020 by means of physical presence online notarization by , as of the corporation, who is _personally known to me or who has produced a Florida Driver's License as identification. NOTARY PUBLIC t00396928.1 306-9905509} Page 103 of 1299 MY ,zt n 2 Zt jhh �k jfp � 1 3 A oa 9 R .... . .... zt ......... x O <. 3 � _ Q 8 il F w �o8o�g,�.'8i,;$8888�888$ s w j ew,,h ',gda°a his„a NINON I v e 0 Q v'.vr re si,ax.x!a�.xx•.�re,rxr. Sl'YfH M,9Y,90.OS .run U 'J Q :` ' ''m f •` a� � p $„c&� aa.YraN we� °° 0 0 m09 Ld9 eo,00.os o F ,000nr ai o o e ,� a.00roni oao .. arR 3nI- R -- m ' -sa9m---1 3,lO,OQ.AN cp x xouaas'MMN »MN so.m n<''13 Yrx ro 390%N�--- N9rN aloe r �y t ..... ti i <- 1*TVW Commerce Park�r . FS g1 � t {ll i, Ott t r s ) s S Y Sin fj ,� t S cc S13 +tii ra. i 'o m itis ro G3 —rrl h •tti r ( rra h}trig£Fid �nrrti,tr s, 6.F. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of October 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 October 2020: Purchase Vendor Amount Order# 210121 Florida Captioning Services $15,000.00 210152 Duval Ford $27,463.00 210265 W hidden Surveying & Mapping Inc. $10,880.00 210269 Grayshift LLC $18,000.00 210290 Globaltech Inc. $31,500.00 210316 Champion Solutions Group $14,458.00 210348 Motorola $14,986.00 210376 Fortiline Waterworks $10,111.50 210378 Plant Care Interiorscapes LLC $29,430.00 210385 W hidden Surveying & Mapping Inc. $18,055.00 210404 International Data Consultants, Inc. $17,192.00 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 provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Alternatives: None Page 107 of 1299 Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum October 2020 Request for Purchases Over $10,000 Page 108 of 1299 pis- CITY OF BOYNTON BEACH 4 = APPROVED REQUESTS FOR PURCHASES OVER$10,000 FOR OCTOBER 2020 i i 1. Vendor: Florida Captioning Services Purchase Amount: $15,000.00 Requesting Department: City Managers Office Contact Person: Debbie Majors Date: 9/10/2020 Brief Description of Purchase: Live Captioning Services-Monthly payments made for services rendered: Source for Purchase: Three written quotes Fund Source: Acc#103-2110-521.34-53 2. Vendor: Duval Ford Purchase Amount: $27,643.00 Requesting Department: Fleet M Contact Person: Bill Darty Date: 9/30/2020 Brief Description of Purchase: Park Ranger Vehicle Source for Purchase: FL Sheriffs Contract FSA 19-VEH1 7.(SPEC261) Fund Source: Acc#510-2516-519-64-33 3. Vendor: Whidden Surveying&Mapping Inc. Purchase Amount: $10,880.00 Requesting Department: Engineering Contact Person: Paola Mendoza Date: 10/2/2020 Brief Description of Purchase: Hester Center Site Improvements/to complete survey for entire park. Source for Purchase: Task Order on Contract#067-2821-16/TP Fund Source: Acc#303-4209-572-116B Project RP2101 4. Vendor: Grayshift LLC Purchase Amount: $18,000.00 Requesting Department: Police Contact Person: Captain Burdelski Date: 10/11/2020 Brief Description of Purchase: Graykey License Renewal Source for Purchase: Sole Source Fund Source: ACC#001-2112-521-64-14 5. Vendor: Globaltech Inc. Purchase Amount: $31,500.00 Requesting Department: Utilities Contact Person: Juan Guevarez Date: 10/2/2020 Brief Description of Purchase: Study Services for East Water Treatment Plant Source for Purchase: Task Order Fund Source: ACC#401-2811-536.31-90 6 Vendor: Champion Solutions Group Purchase Amount: $14,458.00 Requesting Department: ITS Contact Person: Marty Stevens Date: 111/6/2020 Brief Description of Purchase: Vmware Support&Subscription Annual Renewal Source for Purchase: Three written quotes Fund Source: 001-1510-513.49-91 ITS$9,510 401-2821-536.46-91 Util$4,948 7 Vendor: Motorola Purchase Amount: $14,986.00 II Page 109 of 1299 Page I I Requesting Department: Fire Contact Person: Quida Hall Date: 10/20/2020 Brief Description of Purchase: AUDIO Accessories for apparatus/vehicle Source for Purchase: 43190000-18-NASPO-ACS-1 Fund Source: Acc#001-2210-52-23 8 Vendor: Fortiline Waterworks Purchase Amount: $10,111.50 Requesting Department: Utilities Contact Person: Brandon Mingo Date: 10/22/2020 Brief Description of Purchase: Replacing Metrotech locators Source for Purchase: Other Fund Source: 401-2810-536-64-02 9 Vendor: Plant Care interiorscapes LLC Purchase Amount: $29,430.00 Requesting Department: PW-Engineering Contact Person: Matthew Doyle Date: 10/16/2020 Brief Description of Purchase: Supply Interior Plants for Cultural Center&City Hall Source for Purchase: Other Fund Source: 001-2511-519-49-17 10 Vendor: Whidden Surveying&Mapping Inc. Purchase Amount: $18,055.00 Requesting Department: Utilities Contact Person: Angela Prymas Date: 10/19/2020 Brief Description of Purchase: Professional Survey Services:Coquina Cove Drainiage Improvements Source for Purchase: Task Order on Contract#067-2821-16/TP Fund Source: 401-2823-536.31-90-02 11 Vendor: International Data Consultants,Inc. Purchase Amount: $17,192.00 Requesting Department: Utilities Contact Person: Marty Stevens Date: 10/26/2020 Brief Description of Purchase: Barracuda provides a comprehensive solution for email protection,application&cloud security,network security&data protection,for to Citys email system. Source for Purchase: GSA Schedule 70#47QTCA19DOOMM Fund Source: Acc#001-1510-513-46-91 i Page 2 Page 110 of 1299 PURCHASE ORDER ° CITY OF YT ! BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. # : 210121 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/01/20 VENDOR 18253 SHIP TO: TO: FLORIDA CAPTIONING SERVICES City of Boynton Beach CAPTIONING SERVICES, LLC CITY MANAGER OFFICE 8429 NORTH 70TH EAST AVEN 100 EAST OCEAN AVE OWASSO, OK 74055 BOYNTON BEACH, FL 33435 REQUISITION NO. BLANKET ORDERING DEPARTMENT: REQUEST DATE NEEDED: . CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA CAPTIONING SERVICES 15000 . 0000 15000 . 00 REMARKS: CAPTIONING SERVICES MONTHLY PAYMENTS -MADEIFOR SERVICES RENDERED BASED ON SCOPE OF WORK IN AGREEMENT BASED ON 3 QUOTES i PROCUREMENT SERVICES: tc P.O. TOTAL: 15000 . 00 ACCOUNT NO. PROJEC 103-2110-521.34-53 PURCHASING Page 111 of 1299 Page 112 of 1299 FINANCE/PROCUREMENT 'Z tot Z_ BLANKET PURCHASE ORDER REQUEST FORM 2020-�021 Date: September 10,2020 2020-2021 PO# Requesting Department: cid Managers officb Contact Person: Debbie Majors 'Explanation for Purchase: Per agreement with Captioning Services, LLC d/b/a/Florida Captioning Services,monthly payments will be made for services rendered based on the scope of work in the agreement. Recommended Vendor Services IMNDORFIorida�Ca2Lioning.,Services [Estimated Annual Expenditure s15,000.00 Source for Purchase (attach backup materials/bids/quotes and/or sole source letters) F1 State Contract# 0 GSA* ❑ SNAPS* El PRIDE/RESPECT-- El Piggy-Back* El SOLE SOURCE(requires letter from manufacturer) Agency El BID* E] $2000-$4999 3written quotes-attached 191 $2000-$24,999.00(3 written quotes--attached)___j Commission Approved Annual Exp: Date Comm App: E] INCREASE to Original Blanket PON E] DECREASE to Original Blanket PO# Increase Amount Decrease Amount Original PO Amt: Original PO Amt: New PO Total: New PO Total: $ Fund Source: Item Description Account No. Budgeted Amt. Reguested Amt. Live Captioning Services #103-2110-521.34-53 $15,000.00 $15,000.00 Approvals: Department Head/Designee Date Finance Director —4/L 'F—e— DateCl I .........L1�2 Any questions? Please refer to Policy Manual:S/Procurement Services Info/Policies Procurement Services APM Chapter I 0/APM4 ! Page 113 of 1299 CAPTIONING SERVICES,LLC d/b/a Florida Captioning Services _M. 444411ln ge. ices.co._ Car3tioninCrS Ie _Co ®nit (407)450.6517 CAPTIONING AGREEMENT This Captioning Agreement(Agreement),dated September 1,2020,is by and between Captioning Services, LLC d/b/a Florida Captioning Services(FCS)and The City of Boynton Beach,Florida(City). The parties agree as follows: 1. Term. The term of this Agreement shall begin on September 1,2020 and shall continue until terminated in accordance with Section 4 below. 2. Services. FCS will provide closed captioning tD the City per the schedule provided to FCS by the person designated at the City. FCS will assign only nationally certified captioners to this work.FCS will provide a contact number to the City for any emergencies that may arise. 3. Payments. The City will pay FCS at the rate of$84 per hour for captioning services. Billable time will begin 15 minutes prior to the scheduled meeting start time when the captioner calls in the test,and to the nearest hour upon conclusion. FCS will bill a two-hour late cancel charge for any events canceled with less than 48 hours'notice. FCS will bill$25 per text file requested by the City of meetings that have been live captioned. Invoices will be sent at the first of the month for the previous month's captioning and will be due thirty(30)days upon receipt. 1 4. Termination. Either party may terminate this Agreement by providing at least thirty(30)days written notice to the other party. 5. The City is.a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat, or as otherwise provided by law; Page 114 of 1299 C. Ensure that public records that are exempt or that are confidential and exempt from public recons disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and I D. Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY's custodian of public records,in a format that is compatible with the inibr I mation technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS; CRYSTAL GIBSON,CITY CLERK 100 E.OCEAN;AVENUE BOYNTON BEACH,FI LORIDA,33435 561.742.6061. GIBSOMC@BBFL.US Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector;List, or has Contractor been engaged in business operations in Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shall be deemed a material breach'of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification.Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term,Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. Page 115 of 1299 EFFECTIVE DATE: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. 6. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the matters covered herein. Amendments to this Agreement must be made in writing and signed by both parties. IN WITNESS WHEREOF,the parties have executed this Agreement as set forth below. i Captioning Services,LLC City of Boynton Beach,Florida By: � By: i (Jo ," a.. wu..._ _...... _ I Authorized Signatory Tamera A. Leesebera,CEO I Page 116 of 1299 Live Closed Captioning Communication Access Realtime Translation (CART) Quotes * Florida Captioning Services htt P_.Z/*o_r'kd Florida Captioning Services(FCS)was founded in 1989,to meet the needs of clients' compliance with the Americans with Disabilities Act(ADA). FCS continues to expand the concept of captioning services, in order to accommodate today's latest and most modern captioning services needs of F I CS clients, using the most current 21st Century technology. I FCS is expert in local,state,and nation 1 al news,weather and all sports and sporting events, arena and stadium captioning,!religious programming and church services, government meetings and government t events, YouTube live casts and YouTube post- production captioning, all aspects of Internet live-stream,televised broadcasts, post- production captioning and caption-toJ ideo specialty,and emergency broadcast captioning.$84/hour with$25 cost for transcript of meeting. * Tot alCaption htt2L./jAww.t9 j,glc )tioncom' TotalCaption, a certified Woman-Owned Business Enterprise, is one of the largest providers of onsite CART captions in the United States, and one of only a handful of worldwide onsite Providers. We also have one the largest Remote CART networks nationally. Our family pioneered CART over 30 years ago, and our reputation for providing state-of-the-art technology and the highest quality of CART is second to none. We have provided CART for numerous Associations, Fortune 500 Companies, the United Nations, Ivy League Schools, Government, Hospitals, and even Presidents of the United States. $135/hr. One hour minimum, prorated and billed in %2 hour increnhents. * Caption Crewhtt.,-flwWW.caL)fiongrew com Based out of Ft. Lauderdale. Linda had concerns about having captioners since our meetings were on Tuesdays, the most in-demand evening. $200/hr. I captioning remotely with cleaned up caption file at end. /drn 08/25/2020 Page 117 of 1299 y lad rC� �.I W V ® V VI N O �i wl A L 0 G o v cd CQ U b U Q c a 0 6q .., o a 3 ° N 0O 7 -D c a .:a V Cd tz Q > v aV V O La N O V) >+ 4- ; O 64 LL 0 404 z V ea �. o y po N v ^— y " ��' vii O N N Yf �; cd b U >, .L' rl Ld cid O .-- 17 O L �► ti &W w CC O U 3U O '3 p �c +- cc cd Rf .� .D ® +R9+ iP1 'a LL` % hN `2, 3 H d Cs. HW � UHM � oo Page 118 of 1299 .2 Page 119 of 1299 E n� 4 m > L) ; w bn 4- }+ °® 0 a O 4- a) 0 41 4, a a u cr CL 0 3 71 cn v _ +, V7 i C _ V U to v O M O_ CL) O �' a S u A ° O y a;> L- 0 0 O (U V) _1 0i v a C + v 0 +- 0 _ QJ C CL Ln 4-V CNJ ca V �_' N @J 7 L 0 - - A GC1 ON 'CO E E GJ �, 0 N Q O u V VAT o m m3 3 ❑. c a V h ++ a 0 cn ++ m >; to O -fl N :3> C NN CD CL fC -0 w O J 5° 0 if)- •— N u C J I� O L ' t0 C M v + u 0 rj O •L 0 ® c a C V 111 V 0 i cn i 0 .0 = U C Q) 41 0 -0 to 0 41 C -� L- i1 w L- Q vi >. O. V vi Gi o d O41 V v m a ?: o ® d ® 3 v a S r- A 1Ln Ln O o C1 LL. 1A H in �- — (h J A 3[ m 01 U. ® H J Page 120 of 1299 c O a a`) a� a� >V) a cu a +� +, o o E -p •_ L ° v VI X Lro O u O. O O O v C O LL M 'L � m tA a-1 M1 4J O w O O tpn C CL N y _U "O >. C G1 L O O Q s QA 4+ - +- O L1 G=1 O 3 v 4' u do N to S >. O aJ 7 44 u aj V) E cu r- 0 O m v, Ln kn CU E Ln p +, v E = w- Ln -o E � � ° > � C o � Ln E CL V ` vpi s .= m 0 u O o v �_ LL ° N Q L T3 to -0 L U ® C C.L N O > O. m .0 >` ` C CO rL O L N M - u cu U VI Co ° L C O 7 s O m L C p 0 ai3 0 d m > C14 >• AM P6 - �O — Q Z, O us 'cs -p two bD O O ® m U C u C m u ZD � ��; v 47 ++ O }, O o 0 i O m m wRpm E C1 i r� — i d u= C LO O ++ 4a — i L v (U UD @) 3 O Q1 CL __ O O ® 6 h ca s ra Q QCU I o r V) bo s C U g -Cali y a v ��- a) L7 tJ a p ,v ro -0 -;,- ` LL - p C O CL O 4, O ,r-- OZ m p _ a N ++ U L u 41 i f6 N 4' O W m CL _0 CL m N O c N of 'O vi O Y s LL S] m L O , C� � c V) ra O O p• m r eC eo •' .0 O U 0 d UJ Page 121 of 1299 CITY F PURCHASE ORDER g , FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.BOYNTON BEACOH,BFLLORIDA 33425-0310 DATE: #: 210152 10/02/20 VENDOR 15527 SHIP TO: TO: DUVA1616 FORD City of Boynton Beach ACK ONVILLSSAT AVE PUBLIC WORKS DEPARTMENT JACKSONVILLE, FL 32210 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 [DATE EQUISITION NO. 77152 ORDERING DEPARTMENT; FLEET/BD/JJ NEEDED: CONTRACT NO. w COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 2 195 . 00 DL HD RUBBER FLOOR MATS FRONT AND REAR 1 . 0000 195. 00 3 265 . 00 DL TINT WITH WINDSHIELD, STRIP 1 . 0000 265 . 00 4 125. 00 DL CITY TAG 1 . 0000 125. 00 5 48 . 00 DL TAG PROCESING FEE. 1 . 0000 48 . 00 6 350 . 00 DL THIRD KEY WITH `FOB 1.0000 350. 00 7 694 . 00 DL RD:.CO PILOT ASSIST ' 1..0000 694. 00 8 1309. 00 DL 44:' :WHELEN LIBERTY 11 LIGHTBAR- AMBER% WHITE SPLIT 1 . 0'000 1309. 00 9 104 . 00 DL 6 -SWITCH CONTROLLER 1. 0000 104. 00 10 484 . 00 DL VEHICLE IN STOCK 1. 0000 484. 00 11 600 . 00 DL: INCLUDES WIRE., LOOM, CONNECTORS 1 . 0000 600 . 00 I PROCUREMENT SERVICES: P.O. TOTAL: _ 27643 . 00 �. I ACCOUNT NO. PROJECT 501-2516-519.64-33 7 m- PURCHASING Page 122 of 1299 PURCHASE REQUISITION NBR: 0000077152 CONTRACT NO.: REQUISITION BY: FLEET/BD/JJ STATUS: DEPT APPROVAL REASON: PARE: RANGER VEHICLE SHIP TO LOCATION: PUBLIC WORKS SUGGESTED VENDOR: 15527 DUVAL FORD DATE: 9/30/20 LINE DELIVER BY DATE: 9/30/20 NEE DESCRIPTION UNIT ------------------------------ QUANTITY UOM COST COST ---------.------------- ------------------- --VENDOR PART NUMBER ------------ ----------------- _ --------- ----------------- 020 FORD ESCAPE 4 DOOR UTILITY VEHICLE -4X2U0G 23469.00 DL If the Florida Sheriff s Contract: 1.0000 23469.00 Per the Sheriff 8 Contract #FSA 19-VEH17, Spec #261 City of Boynton Beach Tax ID #59-6000282 Contact Name: Bill Darty Contact Email: Dartyw@bbfl.us FIN/FAN # : (Ford FIN Code QB856) FSA/FIN # for Sheriff a (Ford FIN Code QE065) Send COPY Of PO to Coopgflsheriffs.org Vehicle will be OXFORD WHITE EXTERIOR AND INTERIOR DARK EARTH GRAY CLOTH in color No vendor decals, included but not limited to mud flaps, rear Bide panels mailedeto1ll thebCityelofeEoydntonhBeach invoice 9th Ave, Boynton Beach, FL 33425 Vehicle should be title to City of Boynton Beach, PO Box 310,ODITY; SBAoLyyngnton Beach, FL 33425 SUBCOMMOD: VEHICLESPTRUCKSSVANSEETC. 2 HD RUBBER FLOOR MATS FRONT AND REAR 00 DL COMMODITY: SALE SURPLUS/OBSOLETE 195. 1.0000 195.00 SUBCOMMOD: VEHICLES,TRUCKS,VANS,ETC. 3 TINT WITH WINDSHIELD STRIP SUB3COO[DIIIgODe TIHTILNG &ECOATINRVICESGLASS 265.00 DL 1.0000 265.00 4 CITY TAG COMMODITY: BADGES & OTHER ID EQUIP. 125.00 DL 1.0000 125.00 SUBCOMMOD: TAGS,METAL,ADHESIVE BACK 5 TAG PROCESING FEE 00 DL 98. COMMODITY: BADGES & OTHER ID EQUIP. 1.0000 48.00 SUBCOMMOD: TAGS,METAL,NONADHES BACK 6 THIRD KEY WITH FOB 00 DL 350. COMMODITY: SALE SURPLUS/OBSOLETE 1.0000 350.00 SUBCOMMOD: VEHICLES,TRUCKS,VANS,ETC. OVALS City Manager _ .. .® l o. Finance � Date Date Page 123 of 1299 PURCHASE REQUISITION NBR: 0000077152 CONTRACT NO.: STATUS: DEPT APPROVAL DATE: 9/30/20 REQUISITION BY: FLEET/BD/JJ REASON: PARK RANGER VEHICLE SHIP TO LOCATION: PUBLIC WORKS SUGGESTED VENDOR: 15527 DUVAL FORD DELIVER BY DATE: 9/30/20 LINEUNIT EXTEND VENDOR PART NUMBER NSR DESCRIPTION QUANTITY',UOM COST COST -- ------------------------------------------------------------------��---- ---- 7 FORD CO PILOT ASSIST 694.00 DL 1.0000 694.00 COMMODITY: SALE SURPLUS/OBSOLETE SUBCOMMOD! VEHICLES,TRUCKS,VANS,ETC. 8 44' WHELEN LIBERTY 11 LIGHTBAR- AMBER/ WHITE SPLIT 1309.00 DL 1.0000 1309.00 COMMODITY: SALE SURPLUS/OBSOLETE SUBCOMMOD: VEHICLES,TRUCKS,VANS,ETC. 9 6 SWITCH CONTROLLER 104.00DL 1.0000 104.00 COMMODITY: SALE SURPLUS/OBSOLETE SUBCOMMOD: VEHICLES,TRUCKS,VANS,ETC. 10 VEHICLE IN STOCK 484.00 DL 1.0000 484.00 COMMODITY: SALE SURPLUS/OBSOLETE SUBCOMMOD: VEHICLES,TRUCKS,VANS,ETC. 11 INCLUDES WIRE, LOOM, CONNECTORS 600.00 DL 1.0000 600.00 COMMODITY: SALE SURPLUS/OBSOLETE SUBCOMMOD: VEHICLES,TRUCKS,VANS,ETC. REQUISITION TOTAL: 27643.00 -------------------- -------------------------------------------------------- --- A C C O U N T I N F O R M A T I O N LINE # ACCOUNT PROJECT AMOUNT $ 1 50125165196433 MACHINERY AND EQUIPMENT 100.00 23469.00 VEHICLE PURCHASES 100.00 195.00 2 50125165196433 VMACHINERPURCHAAND EQUIPMENT SES 3 50125165196433 MACHINERY AND EQUIPMENT 100.00 265.00 VEHICLE PURCHASES 100.00 125.00 4 50125165196433 ICLERPURND EQUIPMENT VEH5 50125165196433 MACHINERY AND EQUIPMENT SES 100.00 46.00 VEHICLE PURCHASES 100.00 350.00 6 50125165196433 MACHINERY AND EQUIPMENT VEHICLE PURCHASES 100.00 694.00 7 50125165196433 = ERP ANDDEESIPMENTMAHC 8 50125165196433 MACHINERY AND EQUIPMENT 100.00 1309.00 VEHICLE PURCHASES 100.00 104.00 9 50125165196433 MACHINERY RPURND EQUIPMENT VEHICLE 10 50125165196433 MACHINERY AND EQUIPMENT SES 100.00 484.00 VEHICLE PURCHASES 100.00 600.00 11 50125165196433 VEHICLEAND PURCHASES Page 124 of 1299 PURCHASE REQUISITION NBR: 0000077152 CONTRACT NO.: REQUISITION BY: FLEET/BD/JJ STATUS: DEPT APPROVAL REASON: PARK RANGER VEHICLE SHIP TO LOCATION: PUBLIC WORKS SUGGESTED VENDOR: I 15527 DUVAL FORD DATE: 9/30/20 LINE DELIVER BY DATE: 9/30/20 NBR DESCRIPTION UNIT EXTEND -------------------------------- QUANTITY UOM COST COST -- VENDOR PART NUMBER 27643.00 REQIIISITFON COMMENTS: REQUISITION IS IN THE FUTURE FISCAL YEAR PIGGY-BACK FSA 19-VEH 17 Page 125 of 1299 D E L int N CL 0_ iR Q O w a in LL V W O O O' O p :3V z z U U', W O C O O C m{ d CIzV m O m L 6 G � wd Q. m m O y LL R L Ill w CI E c CCI c m 8- U u 49 ® V O) 01 m U �, C i' CI L cc I Ilk zic ui .0 m O) .. C9 to LL ® a► s C 6 6& 0 3 L U) p g m C 3 O I C .0 ¢ p r. 64 Q O ` wy O O O ®LL Wd w I (0 O O O O m ,, r •Q' C � ul W 1 CI N 3 O W E r a w a s o 1r k 0 d ppOto C c N V C Ln w Q7 C W z' o C/ •a m m W 8 J.2 E w �, r a N E C7 ,�°- ® $ i z e 3 E ® ; 0 0 o a o A ID m A w 'c o %° z w z w c com o S ® 9 Lu vo O - O Occ A m CCI V a1 CI O V C W O m v o 'r a a > A Q J LL o w ds m O ❑ ❑ 0 ❑ ❑ ❑ wLL a i LL IL Page 126 of 1299 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10900 Date: 9/30/2020 Requesting Department: FLEET M Contact Person: BILL DARTY__ Explanation for Purchase: Purchase additional Park Ranger vehicle per Andrew Mack utilizing the Florida Sheriffs Contract FSA 19-VEH17. (SPEC 261) Recommended Vendor DUVAL FORD - Dollar Amount of Purchase $27,643.D0 Source for Purchase{check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS ® Sole Source Piggy-Back Q Budgeted Item Emergency Purchase Other Contract Number: FSA19 VEH17 SPEC 261 NOTE: Pricing Proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: - 510-2516-519-64-33 Approvals: ". Department Head Date 09/30/2020 3:37:59 PM Purchasing Agentti - Date , Asst City Manager Date City Manager Date 1pJl " Form Revised 02/01/02 - Page 127 of 1299 Morone Susan From: Josemond,Joe Sent: Wednesday, September 30 2020 3:52 PM To: Moroney, Susan Cc: Mack,Andrew;Greco-Arencibia, Adrianna Subject: Expedite Req 77152 Park Ranger Vehicle Attachments: SKM_C360i20100102550.pdf, SKM_C360i20100102570.pdf; FSA19-VEH 17 Contract.pdf, Over 10K Form.pdf Good afternoon Sue - I have attached the following requisition for Fleet.Already in the Purchase Requisition folder Andrew need this req expedite please Sue.. Reason: Contract will expire today. 10k form is sign... Account:501-2516-519-64-33 Vendor: Duval Ford Cost: $26,643.00 Piggy-Back: FSA19-VEH17 SPEC(261) THANKS, rJoe Josemond 4. Administrative Associate Public Works- Solid Waste a Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. Boynton Beach, Florida 33435 561-742-6594 JosemondJ@bbfl.us boynton-beach.org/ y 100 lears CITY OF e o r e r o N ®®� , o-: ti«, "'`;a F ,, '.. 1 Page 128 of 1299 � � Please beadvised 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 besubject 10public disclosure. � � � � � � � � � � ' � 2 U3 e� o9� c _.dop a 6sF slid YOGIVW j. Page 130 of 1299 .r c O U s Q N 8 O -tea m0 LLaoaoo O E m ca w 0 is :3 w £ ® ® ® d Lu ' m V E'0 a U) m' O � � ffi Q id a t! r m a Q N 0 r94 O qr � U) N r W C 69 �i W W _ M Y] > LJ dj � t0 N d O tl�l L r' . N `j 't o Q c g W � d. H LL cn LL f6pCj, �' t ti F d M 0. p O s. n m O Q C Ccl Y j Z w x Nm w D r .0 ' d. c c r Q o ® C � _ ao c Z N w ® co W o ® 3 cn aQ 3 g o . v► a m r° o R 4 w ai . w e .a N y w k � ® 4 C � C Gla 7 N ? € d W a LL ® V Page 131 of 1299 7 FSA ,Cooperative' : POrchasing Pro ram FLORIDA SHERIFFS ASSOCIATIONt` e JK 4 Al i � i ' Contract: FSA19-VEH17.0 Heavy Trucks and Equipment t is p Contract: FSA19-VEL27.0 Pursuit, Administrative and Other Vehicles Contract, Ter s, an, di", two�, ; k 1Rti� illi FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Contents 1.0 GENERAL CONDITIONS..............................................................................................................5 1.01 BID CORRESPONDENCE ................................................................................................ 5 1.02 PURPOSE.......................................................................................................................6 1.03 TERM OF CONTRACT.................... 6 1.04 ESTIMATED QUANTITIES.......................!........................................................................6 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER.........................................................6 1.06 FUNDING........................................................................................................................6 1.07 CURRENCY.....................................................................................................................7 1.08 GENERAL DEFINITIONS.................................................................................................7 1.09 ELIGIBLE PURCHASERS OF CONTRACT..........................................................................8 1.10 LEGAL REQUIREMENTS.................................................................................................9 1.11 PATENTS & ROYALTIES .................................................................................................9 1.12 FEDERAL AND STATE STANDARDS................................................................................9 1.13 UNDERWRITERS' LABORATORIES.................................................................................9 1.14 AMERICANS WITH DISABILITIES ACT.......................................................................... 10 1.15 REASONABLE ACCOMMODATION.............................................................................. 10 1.16 MINORITY BUSINESS ENTERPRISE (MBE) ................................................................... 10 1.17 ANTI-DISCRIMINATION............................................................................................... 10 1.18 BEST COMMERCIAL PRACTICES.................................................................................. 10 1.19 PUBLIC ENTITY CRIMES (PEC) ..................................................................................... 10 1.20 TAX EXEMPTION ......................................................................................................... 11 1.21 TAXES.......................................................................................................................... 11 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ............................................... 11 1.23 COMMUNICATIONS.................................................................................................... 11 1.24 CLARIFICATION AND ADDENDA.................................................................................. 11 1.25 SIGNED BID CONSIDERED AN OFFER.......................................................................... 12 1.26 ASSIGNMENT OF CONTRACT...................................................................................... 12 1.27 TERMINATION OF PRODUCT LINE.............................................................................. 12 1.28 METHOD OF AWARD ....... ......... ......... .................... ......... ........ 13 FSA Cooperative Purchasing Program 2019-2020 Page 1 Page 133 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and!Conditions Rev 81712019 1.29 DEMONSTRATION OF COMPETENCY.:........................................................................ 13 1.30 VENDOR ABILITY TO PERFORM .................................................................................. 13 1.31 FINANCIAL RESPONSIBILITY........................................................................................ 14 1.32 QUALITY AND SAFETY................................................................................................. 14 1.33 NONCONFORMANCE.................................................................................................. 14 1.34 GRATUITIES................................................................................................................. 15 1.35 TIE BIDS....................................................................................................................... 15 1.36 RIGHT TO AUDIT......................................................................................................... 15 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS........................................................ 16 1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE......................... 16 1.39 ELIMINATION FROM CONSIDERATION....................................................................... 16 1.40 COLLUSION ................................................................................................................. 16 1.41 DEFAULT.................................................................................. ........................... 17 1.42 PROTESTS AND ARBITRATION .................................................................................... 17 1.43 NONPERFORMANCE................................................................................................... 18 1.44 SEVERABILITY.......................... 1.45 TERMINATION FOR CAUSE .........................................................................................20 1.46 TERMINATION WITHOUT CAUSE................................................................................20 1.47 CONTRACT ADVERTISM ENT AND USE OF FSA LOGO 2.0 BIDDER INSTRUCTIONS ......................................................................................................... 21 2.01 BIDDER QUALIFICATIONS ...........................................................................................21 2.02 LICENSING/FACILITIES.................................................................................................21 2.03 INSURANCE AND INDEMNIFICATION ......................................................................... 22 2.04 SPECIFICATIONS..........................................................................................................24 2.05 FIXED PRICES...............................................................................................................24 2.06 SEALED BIDS................................................................................................................ 24 2.07 EXCEPTIONS, OMISSION AND ERRORS....................................................................... 24 2.08 MISTAKES.................................................................................................................... 25 2.09 EQUIVALENTS.............................................................................................................25 2.10 MANDATORY PRE-BID MEETING............................................... ............. 25 2.11 QUALIFICATION ................................................................................. FSA Cooperative Purchasing Program 2019-2020 _. Page 2 Page 134 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 2.12 PRICES QUOTED..........................................................................................................26 2.13 OPTION PRICING.........................................................................................................26 2.14 EMERGENCY LIGHTS AND SIRENS...............................................................................28 2.15 SUBMITTAL OF BID ..................................................................................................... 29 2.16 ZONE BIDDING............................................................................................................ 30 2.17 EXECUTION OF BID .....................................................................................................30 2.18 MODIFICATION OR WITHDRAWALS OF BIDS .............................................................31 2.19 LATE BIDS....................................................................................................................31 2.20 BID OPENING ..............................................................................................................31 2.21 DETERMINATION OF RESPONSIVENESS.....................................................................31 2.22 RESPONSIBLE BIDDER CRITERIA..................................................................................31 2.23 BASIS FOR AWARD......................................................................................................32 2.24 FIRM BID.....................................................................................................................32 2.25 BID TABULATIONS.......................................................................................................32 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT................................................................33 2.27 CONE OF SILENCE .......................................................................................................33 3.0 CONTRACT CONDITIONS.......................................................................................................34 3.01 GENERAL REQUIREMENTS.................. ..........................34 3.02 STATEMENT OF AUTHORITY...............!.......................................................................34 3.03 VENDOR CONTACT INFORMATION ............................................................................34 3.04 OPTION TO RENEW& PRICE ADJUSTMENT................................................................34 3.05 ADDITIONS AND DELETIONS.......................................................................................35 3.06 EQUITABLE ADJUSTMENT...........................................................................................35 3.07 DISCOUNTS................................................................................................................. 35 3.08 CONDITIONS...............................................................................................................35 3.09 PRODUCTION CUTOFF................................................................................................36 3.10 FACILITIES ...................................................................................................................36 3.11 SUBSTITUTIONS..........................................................................................................36 3.12 POLICE RATED VEHICLES& MOTORCYCLES................................................................36 3.13 SPECIAL SERVICE VEHICLES................!........................................................................37 3.14 CAB AND CHASSIS PURCHASES...................................................................................37 FSA Cooperative Purchasing Program 2019-2020 Page 3 Page 135 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 3.15 FACTORY INSTALLED...................................................................................................37 3.16 VENDOR INSTALLED....................................................................................................38 3.17 NON-SCHEDULED OPTIONS........................................................................................38 3.18 FORCE MAJEURE.........................................................................................................38 3.19 DELIVERY TIME............................................................................................................ 38 3.20 ORDER..................................................'....................................................................... 39 3.21 VEHICLE AND EQUIPMENT DELIVERY.........................................................................40 3.22 INSPECTION AND ACCEPTANCE..................................................................................41 3.23 REGISTRATION,TAG AND TITLE..................................................................................42 3.24 INVOICING AND PAYMENTS.......................................................................................42 3.25 WARRANTY REPAIRS AND SERVICE............................................................................42 3.26 INADEQUATE SERVICE................................................................................................42 3.27 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS........................................43 3.28 ADMINISTRATIVE FEE.................................................................................................44 3.29 LIQUIDATED DAMAGES..............................................................................................44 AppendixA................................................................................................................................46 AppendixB.........................................................+......................................................................47 AppendixC.........................................................:......................................................................48 AppendixD................................................................................................................................49 AppendixE................................................................................................................................50 FSA Cooperative Purchasing Program 2019-2020 Page 4 Page 136 of 129'9 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association"FSA",using the information shown above.Please be sure to reference the bid number and your contact information. The contacts for this bid are: Annette Grissom, FSA Cooperative Purchasing Program Coordinator II -mail: agrissom@flsheriffs.org Phone:850-877-2165 ext.5811 Fax:850-878-5115 Craig Chown, FSA Cooperative Purchasing Program Manager E-mail:cchownC(:�fisheriffs.or,;; Phone:850-877-2165 ext.5833 Fax:850-878-5115 Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn:Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee,FL 32308 E-mail:CPPC@flsheriffs.org ....._...._ �-�.-.. _ ....®. _ _ _v..__.._ a _.....mm _ FSA Cooperative Purchasing Program 2019-2020 Page 5 Page 137 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions R.,,8/7/2019 1.02 PURPOSE The Florida Sheriffs Association invites interested Bidders, including Motor Vehicle Manufacturers and Dealers/Certified Representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. The purpose of this bid is to establish a twelve (12) month contract with manufacturers and manufacturer's authorized vendors for the purchase of vehicles and equipment on a"no trade-in basis". 1.03 TERM OF CONTRACT This contract shall remain in effect for one(1)year from date of contract execution by the FSA,and may be renewed by mutual agreement, at the sole option and discretion of the FSA, pursuant to the terms of Section 3.04. The term of contract begins October 1,2019 and ends September 30,2020. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 ESTIMATED QUANTITIES In FY 2017-18, eligible users purchased approximately 8,330 vehicles and equipment from this contract. These estimated figures are given as a guideline for bidders preparing bids. Quantities provided do not guarantee or imply future contract sales. Neither the FSA nor any eligible user is obligated to place any order for a given amount'subsequent to the award of this bid solicitation. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office.Section 30.53, Florida Statutes,exempts the sheriffs'offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. It is our practice to give consideration to the prices offered,but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs'offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers,including state agencies,funds expended for the purposes of the contract must be appropriated by the Florida Legislature,ithe individual participating agency or the agency's appropriating authority for each fiscal year included within the contract period. For such agencies, their 7FAFSA Coo erahve Purchasing Program 2019-2020 � Page 6 Page 138 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority.Therefore,any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts,bids,quotes,provisions,payments or any part of this contract relating to currency are to be made in United States Dollar. 1.08 GENERAL DEFINITIONS The terms used in this contract are defined as the following: a. Bidder:A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing Program Administrator in accordance with the Contract Terms and Conditions. b. Bid System:The online forum used for the submission of electronic bids and review of bid results for the specifications connected to this Invitation to Bid.VendorLink is the software used for this bid. c. Dealer:A manufacture's certified representative authorized by the manufacturer to market,sell, provide,and service the vehicles/equipment for the FSA Cooperative Purchasing Program.Dealers may be vendor-owned and controlled,in whole or in part,or independently owned and controlled. d. Florida Sheriffs Association Cooperative Purchasing Program(FSA):The entity that administeres the Invitation to bid and contract administration functions for this contract. e. End User:A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. f. Factory: Refers to the manufacturer produced products. g. Fleet Advisory Committee (FAC): An employee of a sheriff's office or other local governmental agency, or any other person who FSA identifies as subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The Fleet Advisory Committee makes recommendations to the FSA and is not responsible for final awards. h. Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to vendors,dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents.The term shall not include request for proposals,request for quotes,request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. i. Manufacturer: The original producer or provider of vehicles or equipment offered on this contract. 11 FSA Cooperative Purchasing Program 2019-2020 Page 7 Page 139 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 j. Manufacturer's Suggested Retail Price (MSRP): Manufacturer's Suggested Retail Price (MSRP) represents the Manufacturer's recommended retail selling price, list price,published list price,or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer's Computer Printouts: Ford-"Dora";General Motors-"GM Autobook";or approved equivalent 2. Chrome Systems,Inc.'s PC Carbook(PC Carbook Plus and PC Carbook Fleet Edition) 3. Manufacturer's Annual U.S. Price Book 4. Manufacturer's official website k. Non-Scheduled Options:Any optional new or unused component,feature or configuration that is not included or listed in the base vehicle specifications or options. I. Production Cutoff: A date used by manufacturers to notify dealers that the factory has reached maximum capacity for orders or are discontinuing the production of a vehicle or equipment. Vehicle manufacturers use this term when referring to any given model year for production. m. Published List Price: A standard "quantity of one" price currently available to government and educational purchasers,excluding cooperative or volume discounts. n. Purchaser: A Purchaser is an entity that seeks to obtain vehicles or equipment off this contract by meeting the eligible user criteria or with vendor approval. o. Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes vehicles or equipment to a purchaser. p. Third Party Supplier:Businesses external to a bidder or vendor that provide products and services which contribute to the overall finished vehicle or equipment.Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. q. Vendor:The bidder that has been awarded and agrees to provide vehicles or equipment that meet the requirements and base specifications. The vendor must agree to the contract terms and conditions of the contract before being awarded to the contract. r. Vendor Installed:A product or service provided by the vendor or other third party;not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids,or contract prices,will be extended and guaranteed to the Florida Sheriffs Association,any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs' offices, clerks, property appraisers,tax collectors,supervisors of elections, school boards or districts, water management districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. FSA Cooperative Purchasing Program 2019-2020 Page 8 Page 140 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract.Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract, which can include out of state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer's agreement,and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal,State,county laws,ordinances,rules and regulations that in any manner affect the items covered herein apply.Lack of knowledge by the bidder of applicable legal requirements will in no way be a cause for relief from responsibility. 1.11 PATENTS&ROYALTIES The bidder,without exception,shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,without exception,that the bid prices shall include all royalties or costs in any way arising, directly or indirectly, from the use of such design,device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable federal or State legal or regulatory requirements that become effective during the term of the Contract, regarding the commodities and contractual services'specifications,safety, and environmental requirements shall immediately become a part of the Contract. The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the vendor shall contact the FSA immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. 1.13 UNDERWRITERS' LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters'Laboratories,or U.L.,listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. FSA Cooperative Purchasing Program 2019-2020 Page 9 Page 141 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 i 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format,sign language interpreters,information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at(850)877-2165 five days in advance to initiate your request.TTY users may also call the Florida Relay Service at 711. .1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the FSA Human Resources at(850) 877-2165. 1.16 MINORITY BUSINESS ENTERPRISE (MBE) The Florida Sheriffs Association policy is that Minority Business Enterprises(MBE)shall have the opportunity to participate in this invitation to bid.Such process would be for supplying goods and services to FSA and Purchasers. 1.17 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance as applicable by federal or state law with the non- discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,relative to equal employment opportunity for all persons without regard to race,color,religion,sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices,size,and design are to be used. All workmanship is to be first quality.All interpretations of this specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act,Section 287.133,Florida Statutes,a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity,may not be awarded or perform work as a Vendor,supplier,Sub-Vendor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. FSA Cooperative Purchasing Program 2019-2020 Page 10 Page 142 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 1.20 TAX EXEMPTION All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply,and appropriate certifications furnished. Purchasers shall comply with all federal,state and local tax requirements. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes.State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 TAXES Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser's Federal Excise and State Taxes and Use Certificate Number. 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict,the conflict may be resolved in the following order of priority(highest to lowest): 1. Addenda to Contract Terms and Conditions,if issued 2. Contract Conditions 3. Addenda to Bid Specifications,if issued 4. Bid Specifications 5. Bidder Instructions 6. General Conditions 1.23 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this procurement. Bidders should not rely on representations,statements,or explanations other than those made in this Bid or in any written addendum to this Bid, and no oral representations,statements,or explanations shall be deemed to bind the FSA or eligible users. 1.24 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA by e-mail to CPP@flsheriffs.ors with the bid title and number,referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar.Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Interpretation of the specifications or any solicitation documents will not be made to the bidder verbally, and if any verbal clarifications are provided they are without legal effect. i Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA reserves the right to address technical questions. FSA Cooperative Purchasing Program 2019-2020 Page 11 Page 143 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 The FSA shall issue a Formal Addendum if substaInual changes which impact the submission of bids are required. Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified.Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders.However, posting to the FSA website or the bid system constitutes proper notice of addenda. The bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided. Failure to acknowledge Addendum shall deem the bid non-responsive; provided,however,that pursuant to section 2.26, the FSA may waive this requirement in its best interest. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgment of addenda to the specifications. Bids that fail to account for the specification addenda shall be determined to be nonresponsive;however,that pursuant to section 2.26,the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all vendors of any addenda and will require acknowledgement of the new terms and conditions. If the vendor does not agree to the new terms and conditions, the vendor's award can be removed or replaced by another vendor or qualified responsive bidder. 1.25 SIGNED BID CONSIDERED AN OFFER The signed Bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon approval by the FSA and in case of default on,the part of successful bidder,after such acceptance,the FSA may procure the items or services from other sources. The bid submission must be signed by an authorized representative. An electronic signature may be used and shall have the same force and effect as a written signature. 1.26 ASSIGNMENT OF CONTRACT No right or interest in this Contract may be assigned,transferred,conveyed,sublet or otherwise disposed of,without prior written consent of the FSA. If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract,a successor-in-interest must perform all obligations under this Contract.FSA reserves the right to reject the acquiring entity as vendor. A change of name agreement will not change the contractual obligations of the vendor. 1.27 TERMINATION OF PRODUCT LINE If a vendor terminates a product line (manufacturer or brand), the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. In the event a manufacturer reassigns the product line to an alternate vendor,the manufacturer and the vendor are required to immediately notify the PSA in writing of the change within 10 business days LL FSA Cooperative Purchasing Program 2019-2020 Page 12 Page 144 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 confirming the reassignment. If the vendor is not already an approved FSA vendor,the vendor is required to apply to the FSA to become an approved vendorrip or to conducting any qualified sales. The vendor and the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.28 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards within a specification,if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.29 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time,and have sufficient financial support,equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms"equipment"and"organization"as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available regarding the financial,technical and other qualifications and abilities of a Bidder,including past performance with the FSA in making the award. The FSA may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the FSA may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this Bid. Information submitted in the bid may not be plagiarized and,except in the case of materials quoted from this solicitation or developed by the manufacturer,must be the original work of the individual or company that submits the bid for evaluation. 1.30 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor's record of performance to ensure that the vendor is providing sufficient financial support,equipment and organization. FSA Cooperative Purchasing Program 2019-2020 Page 13 Page 145 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purci hasing Program Contract Terms and Conditions Rev 8/7/2019 If the FSA determines that the vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement the vendor warrants that,to the best of his or her knowledge,there is no pending or threatened action,proceeding,or investigation,or any other legal or financial condition,that would in any way prohibit,restrain,or diminish the,vendor's ability to satisfy the obligations of the Contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues,or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.31 FINANCIAL RESPONSIBILITY Bidder affirms by the signature on the contract signature page that the bidder: • Has fully read and understands the scope,nature,and quality of work to be performed or the services to be rendered under this bid, and has the adequate facilities and personnel to fulfill such requirements; • Accepts the financial responsibility associated with this bid,and declares that he or she has the access to capital(in the form of liquidity or credit line's)in order to meet the financial demands of such award; and • Has assessed the financial responsibility required to serve the contract as bid,including such details as the obligations to perform all specifications bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers,which can be 45 days from receipt of invoice. 1.32 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship that meet or exceed federal safety standards. Products requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the Vendor must disclose to the end user that the non-certified options are not required to be certified.All options must meet or exceed federal safety standards. 1.33 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specifications and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: FSA Cooperative Purchasing Program 2019-2020 Page 14 Page 146 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.34 GRATUITIES Proposers shall not offer any gratuities,favors,or anything of monetary value to any official,employee,or agent of the FSA,for the purpose of influencing consideration of this bid. 1.35 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids,and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder Within the State of Florida • Vendors performance record with purchasers • Coin Toss 1.36 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify Vendor's sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor,including,but not limited to those kept by its employees,agents,assigns, successors,sub-vendors,or third party suppliers in whatever form they may be kept—written or electronic. Such records shall include,but not be limited to: • Accounting records, including paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements; • Written policies and procedures; • Subcontract files(including proposals of successful and unsuccessful bidders,bid recaps, etc.); • Original estimates or work sheets; • Contract amendments and change order files; • Insurance documents;or • Memoranda or correspondence. Vendor shall maintain such records during the terrh of this Contract and for a period of three(3)years after the completion of this Contract. At the vendor's'expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives.Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor's place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. FSA Cooperative Purchasing Program 2019-2020 Page 15 Page 147 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Vendor shall ensure FSA has these rights with Vendor's employees, agents, assigns, successors, and third party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Vendor and any Sub-Vendors to the extent that those subcontracts or agreements relate to fulfillment of the Vendor's obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However,if the audit identifies under reporting, overpricing or overcharges(of any nature) by the vendor to FSA or a customer in excess of three percent (3%) of the total contract billings, the vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non- performance,FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor's invoices or records shall be made within a reasonable amount of time (not to exceed 60 days) from presentation of FSA's findings to Vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS Where vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award,the vendor will assume the full duty,obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable county and municipal code requirements.The vendor shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the vendor or any person the vendor has designated in the completion of the contract as a result of the bid. 1.38 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE Bid Bonds,when required,shall be submitted with the bid in the amount specified in Bidder Instructions. After acceptance of bid, the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Bidder Instructions and/or Insurance Checklist. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.39 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.40 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between rival bidders that attempts to disrupt the contract process equilibrium. Collusion involves people or companies that would typically compete,but are conspiring or working together in which the outcome results in an unfair bid advantage. FSA Cooperative Purchasing Program 2019-2020 Page 16 Page 148 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 The parties may collectively choose to agree to increase or decrease its product base price in one or more zones to maximize awards thus denying the public a fair price. Examples of Bid Collusion: • Cover bidding:a competitor agrees to submit a non-competitive bid that is too high to be accepted or contains terms that are unacceptable to the buyer. • Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from consideration. • Market sharing: a competitor agrees to submit bids only in certain geographic areas or only to certain public organizations. • Bid rotation: competitors agree to take turns at winning business while monitoring their market shares to ensure they all have a predetermined market share. Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation.Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Dealers which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.41 DEFAULT Failure or refusal of a bidder to execute a contract upon award or withdrawal of a bid before such award is made,may result in forfeiture of any bid surety required that is equal to damages incurred by the FSA there from,or where surety is not required,failure to execute a contract as described above may be grounds for removing the bidder from the awarded vendor's list. In case of default on the part of awarded bidder,the FSA may take necessary steps to otherwise procure the products sought,including but not limited to procuring the products or services from the next highest ranked bidder or from other sources.A defaulting bidder may be held liable for costs incurred by the FSA in procuring replacement products. 1.42 PROTESTS AND ARBITRATION Options are for informational purposes only and will not serve as a basis for protest. I Any person who is adversely affected by the decision or intended decision to award shall file a "Notice of Protest" in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five(5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. FSA Cooperative Purchasing Program 2019-2020 Page 17 Page 149 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity,and corrective action will be taken as-needed contingent upon the validity of such claims.However, any additional time required and cost incurred,by the FSA to substantiate a protesting party's claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party's filing will be reimbursable to the FSA and deducted from the protesting party's bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond,cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. The bond,cashier's check or money order must be filed at the time of filing the formal written protest or within the five(5)business day period allowed for filing the formal written protest. FSA will provide the amount required within two(2)business days of the notice of protest received.This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party's claim(s).Failure to post the bond or security requirement within the time allowed for,filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s)decide to appeal the decision of the FSA,they shall file a notice to FSA within three(3)business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association's (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA,file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA,and any claims arising from or in any way relating to the procurement process,and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum,judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails,the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.43 NONPERFORMANCE By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to$1,000 per vehicle/equipment,which amount the vendor agrees is reasonable,or probation,suspension,termination or a combination thereof from current and future bids at the FSA's discretion. FSA Cooperative Purchasing Program 2019-2020 Page 18 Page 150 of 1299 FLORIDA SHERIFFS;ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Re,,8/7/2019 The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor's responsibility,the FSA shall consider all information or evidence that demonstrates the vendor's ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at it's sole discretion may remove a noncompliant vendor from future competitive bid solicitations;or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by specifications or zones,or other actions as determined by FSA at it's sole discretion. At FSA's discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has engaged in egregious breaches of the contract with respect to either the FSA and/or the purchaser,the contract can be terminated and the vendor will be removed from future solicitations for a period of up to three (3)years,or a permanent ban from the bid process at the sole discretion of FSA. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory,charging amounts exceeding MSRP on factory or vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order,','providing aftermarket options where factory options are available without the consent of the purchaser,any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document,and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order is required by this contract to accept such purchase order and deliver the product.Orders must be fulfilled if the vehicle or equipment is a base model or whether it includes options.The vendor must deliver this product if they were awarded the contract- regardless of profit or loss. Failure to deliver the vehicles or equipment may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees,to which FSA is entitled, according to Section 3.28 and any attorney's fees incurred in the recovery of these damages. All terms and conditions are applicable throughout the term of the contract and not any given Year, Make or Model. 1.44 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason,the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. FSA Cooperative Purchasing Program 2019-2020 Page 19 Page 151 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Re118/7/2019 1.45 TERMINATION FOR CAUSE If through any cause within the reasonable control of the vendor,it shall fail to fulfill in a timely manner,or otherwise violate any of the terms of this contract, the FSA shall have the right to terminate the services remaining to be performed. Written notice of the!deficiencies shall be given to the vendor and unless the deficiencies are corrected within 10 business days,the Contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event,the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination,net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above,the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor, and the FSA may reasonably withhold payments to the vendor for the purposes of off set until such time as the exact amount of damages due the FSA from the vendor is determined. 1.46 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of such termination,which shall become effective 30 days following receipt by vendor of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination,except as necessary to complete the continued portion of the contract,if any. The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balanced of the Contract or cancellation charges. Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.47 CONTRACT ADVERTISMENT AND USE OF FSA LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program.The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include,but are not limited to: • Electronic mediums such as websites,digital marketing campaigns,social media and e-mail;or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting gpp_@flsheriffs.or&and should include a brief description of the how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. FSA Cooperative Purchasing Program 2019-2020 Page 20 Page 152 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 2.0 BIDDER INSTRUCTIONS 2.01 BIDDER QUALIFICATIONS In order for bids to be considered, bidders who are not currently parties to the existing contract,or who have previously had their participation limited by the FSA, must provide the following material at the time the mandatory qualifying documents are due. FSA reserves the right to accept this information up and until the final award.The purpose of requesting this information is to demonstrate that they are qualified to satisfactorily perform as an awarded vendor. The bidder shall provide information as on the Bidder Qualifications Form: • Bidder company name and parent company,if applicable • Complete business address • State of incorporation • Length of time in business • Names and contact information for key personnel • Dun & Bradstreet number: By providing this number, the bidder agrees and authorizes FSA to obtain their financial information/reports from these entities • Identify a minimum of three contracts of similar size and scope • Identify a minimum of three references for vehicle or equipment sales to government agencies • Any contracts the bidder has been disqualified from, terminated from or found in default on, to include the reason for disqualification,termination or default 2.02 LICENSING/FACILITIES Bidders are required to possess a Florida Motor Vehicle Dealer's License in order to bid on any motor vehicle. Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. If a bidder does not maintain a facility to perform warranty work or repair service within the state of Florida, the bidder must provide a detailed plan at the time of bid submission as to how the bidder would service Florida purchasers if awarded the contract.This Service Standard Plan must include: • Whether the warranty service provider is approved by the manufacturer; • Estimated quantities sold per item bid; • If the company plans to contract out for service a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work,and o Any additional information that would detail how warranty service would be provided. The sufficiency of Service Standard Plan will be evaluated by the FSA during the bid evaluation. The FSA reserves the right to periodically request additional or updated information from a bidder regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. FSA Cooperative Purchasing Program 2019-2020 Page 21 Page 153 of 1299 1 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify,defend,and hold harmless the Florida Sheriffs Association,the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description,including legal counsels'fees,arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners,or third party suppliers; provided, however,that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor's obligations underthe above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder (1) written notice of any action or threatened action, and (2)the opportunity to take over and settle or defend any such action at bidder's sole expense.Vendor shall not be liable for any cost,expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without bidder's prior written consent, which consent shall not be unreasonably withheld,conditioned,or delayed. The vendor shall be responsible for the work and every part thereof,and for all materials,tools,appliances and property of every description,used in connection with this particular project. I The vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work.. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist. No change or cancellation in insurance shall be made without 30 days written notice to the FSA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Copies of original signed Certificates of Insurance,evidencing such coverages and endorsements as required herein shall be filed within five days after public bid opening.The certificate must state Bid Number and Title.Vendor may not begin performance under the contract until such Certificates have been approved by the FSA. FSA Cooperative Purchasing Program 2019-2020 Page 22 Page 154 of 129,9 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Upon expiration of the required insurance,the vendor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to coverthe insurance requirements herein shall provide full coverage from the first dollar of exposure.No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the FSA. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA,a 501(c)3,its officers,agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under ,the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract,and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third party suppliers.All policies shall be made available to the FSA upon demand. Compliance by the vendor and all third party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to,the FSA for the acts and omissions of the third party suppliers and of persons employed by them as he is for acts and omissions of persons directly employed by the vendor. Insurance coverage required in this contract shall be in force throughout the contract term. The required Insurance Checklist summarizes the bidder's insurance obligations,if awarded. The FSA can request and the vendor shall furnish proof of insurance within seven days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term,the FSA shall have the right to consider the contract breached and justifying the termination thereof. FSA Cooperative Purchasing Program 2019-2020 Page 23 Page 155 of 1299 i FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 If bidder does not meet the insurance requirements;the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS All units covered by this Contract and the specifications shall be the manufacturer's current basic production model,and shall,as a minimum,be equipped with all standard factory equipment in accordance with the manufacturer's latest literature unless otherwise noted in the bid document. If awarded,bidders must supply a unit that either meets or exceeds all the requirements included in the applicable detailed specifications. The bid specifications are contained on the Vendorl.ink bid system. The FSA base specifications are incorporated in this document by reference. All bidders will be required to provide information requested on the price sheets or may have their bid rejected. All vehicles, equipment, and options provided must be designed, constructed, and installed to be fully suitable for their intended use and service. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid,the prices quoted by the bidder at the time of bid submission shall remain fixed and firm during the term of this contract,unless otherwise addressed in a contract extension or price adjustment as provided in this Contract. 2.06 SEALED BIDS For purposes of this solicitation,a sealed bid is considered a bid submitted using Vendorl-ink. 2.07 EXCEPTIONS, OMISSION AND ERRORS Any exceptions, deviations, or contingencies a bidder may have to specifications or Contract Conditions, Section 3.0 of this document,must be documented in bidder's submission. Exceptions to the specifications at the time of the bid submission shall reference the specification or item number and a written explanation for the request for exception. At FSA's discretion, exceptions, deviations, or contingencies to the specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder's submission. Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the FSA of any inaccuracies in the specifications or required submittal documents. All notifications of inaccuracies must be in writing and timely submitted. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. FSA Cooperative Purchasing Program 2019-2020 Page 24 Page 156 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Exceptions,deviations or contingencies to the General Conditions or Bidder Instructions, other than those determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26,may be cause for the rejection of a bidder's submission. 2.08 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid.Failure to do so will be at the bidder's risk. 2.09 EQUIVALENTS Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will supplement an item on the base specification. The FSA will determine whether the proposed equivalent is equal to or exceeds the quality,design and construction than the intended replacement item in the base specification. Bidders must provide the manufacturer name and model number(or product identifier)of each equivalent when seeking approval. Complete,descriptive,technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved,the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid,cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted, the offerings, specification or entire award can be.removed by the FSA. When selling equivalents, vendors must disclose to the purchaser that an approved equivalent is being offered. 2.10 MANDATORY PRE-BID MEETING Prospective bidders are required to attend the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors,the Fleet Advisory Committee and the FSA to meet in person to clarify questions on the terms and conditions and to confirm all base specifications are correct. I Bidders have the opportunity to suggest technical'modifications or corrections before the specifications are finalized. Questions relating to the specifications, the bid process, or award can be asked at the Pre-Bid Meeting. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested prior authorization,signs a memo of understanding to agree to meet all the terms and conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. m _ ... . r. .v.. FSA Cooperative Purchasing Program 2019-2020 Page 25 Page 157 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 2.11 QUALIFICATION Prospective bidders are required to complete the qualification forms by the date listed on the Bid Calendar. A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid Meeting. Qualification forms include: • Drug-Free Workplace Form, • Insurance Checklist, • Manufacturer Authorization Form for each manufacturer bid for Contract FSA19-VEH 17.0 only. o Manufacturer Authorization Forms are not required for Contract FSA19-VEL27.0. • Emergency Vehicle Technician (EVT) Certification, if bidder is offering emergency lighting and sirens,and • Qualified Bidder documentation as required in Section 2.01 The qualification forms are located on the bid system. 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty(60) calendar days from the date of bid opening. Each specification, make, and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the specifications bid for the duration of the contract award,unless otherwise addressed by a contract extension or price adjustment as provided in the contract.These prices must be inclusive of all of the components included in the base specification. Prices bid,including options,must include the administrative fee FSA charges to administer the contract,as outlined in Section 3.28. Prices must be Free On Board(FOB)destination. Once awarded, the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. 2.13 OPTION PRICING The bidder shall offer discount below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer's model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base vehicle or equipment. Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base specification or are available as another specification bid on this ITB. _.._.�.... ._..__........ FSA Cooperative Purchasing Program 2019-2020 Page 26 Page 158 of 12 9 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev8/7/2019 Bidder must use proper factory codes for all factory options.Options available through the factory must be bid and supplied to purchaser as"factory"options,unless otherwise requested in writing by the purchaser. The FSA has the discretion to disqualify bidders if the option pricing is excessive. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. If a bidder will offer registration and title services as a fee for service, the bidder must include the administrative fee as a separate option (i.e. line item) for each item bid, see Section 3.23 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet upload in the bid system. See Section 2.14 for details on emergency lights and sirens. If options are not available as a stand alone option,the bidder must indicate in their bid submission any option requiring the purchase of other options, and also indicate options that are a part or dependent of another option. Factory package options are allowable under this contract.Factory package options must be included in the options within the bid document and detailed specifically as to what components the package includes. When calculating the price for a manufacturer's option requested in this bid that is not listed as an option in the manufacturer's order guide(i.e.model or engine upgrade),the bidder must calculate the option price as the net difference between vendor cost on the representative base vehicle and the total MSRP of the requested option modifying the vehicle. A bidder may bid less than this price, but at no time charge more than the calculation provided here. The use of options to facilitate the sale of an alternate manufacturer's product which is outside the scope of the written base specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. Example:Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on one specification that is offered as a separate specification in the bid solicitation. For example, a Vendor who is awarded the bid for 25,500 lb. GVWR Cab & Chassis cannot upgrade this item through an add option to a 30,000 lb. GVWR Cab& Chassis in order to circumvent the bid award winner for the 30,000 lb.GVWR Cab&Chassis. Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each add option shall be decided by the vendor. FSA Cooperative Purchasing Program 2019-2020 Page 27 Page 159 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 o t_ ion upload oad The bid system will receive option information from bidders through a predefined Excel file upload. The information required for the bid submission of the options include: • Item number(FSA specification number) • Order code(Manufacturer order code) • Description • Price The options will correspond to the specification or item number. Multiple options may be listed for specification or item number bid. Therefore,any,bidders that do not indicate the correct item number that corresponds to the correct option code,price and description will not have options displayed for the item bid. If option pricing is not uploaded correctly, FSA may require bidders to correct the formatting of the options, but pricing may not be modified. Failure of the bidder to make corrections may cause the bid to be rejected. If the bidder wishes to offer credit to the purchaser for an option that is standard on the FSA base specification, the bidder should include the word "Credit" at the beginning of the Description field, and continue to describe the option being credited. For example,"Credit:one key fob"and enter the price the bidder will credit the purchaser. The bid system will not allow for negative numbers,and any option upload with negative numbers will not be accepted. 2.14 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1),authorized emergency vehicles are defined as: Vehicles of the fire department(fire patrol),police vehicles,and such ambulances and emergency vehicles of municipal departments,public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission,the Department of Environmental Protection,the Department of Health,the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. Bidders that will provide or contract to provide emergency light and siren installation must also submit Emergency Vehicle Technician Certifications for the individuals working for the bidder or the designated third-party supplier who will perform the installation. FSA reserves the right to accept certifications up and until final award. Vendors that will install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers(SAE)certified. SAE Certifications must include Class 1,Class 2 and Class 3 in order to be eligible for participation in the Contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified,the vendor can be found in default of the Contract. Prices submitted for emergency lights and sirens shall include all applicable government imposed fees. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. FSA Cooperative Purchasing Program 2019-2020 —m, _...� . Page 28 Page 160 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 For vehicles that are manufacturered with emergency lights and sirens,including motorcycles,bidders may not charge for labor,emergency lights or sirens that come from the factory equipped with these features as standard equipment. Bid Submission of Emerency_Lihts and Sirens Bidders will be asked to provide pricing for emergency lights and sirens by submitting a pricing sheet. The bid system will receive pricing through a standardized Excel file.The pricing sheet will include: • Group • Order code • Description • Price(part only) • Labor hours • Labor cost per hour 2AS SUBMITTAL OF BID Bidders are required to submit a bid using the FSA bid system,VendorLink. Bid submissions include pricing for the base specification,option descriptions and pricing,and any applicable lighting/siren pricing,as well as all other required documentation. The bid must be received by the date and time specified on the Bid Calendar.Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System.VendorLink Bidders must submit their bid electronically using the on VendorLink bid system, which is located at htt,)s: www.m.vendorlink.com. Bids not submitted within VendorLink will be rejected. Bidders are encouraged to participate in training provided for Vendorlink. User names and passwords will be issued to qualified after registering in Vendorlink,qualified bidders will be invited to bid. Prices are to be rounded to the nearest whole dollar(i.e.$10,not$10.05).The bid system allows for cents, however the bid evaluation is based on the whole dollar. If a bidder submits bid pricing using cents,the following formula will be applied: • $.01-.49 will be rounded down to the prior dollar bid(e.g.$50.49=$50) • $.50-.99 will be rounded to the next dollar(e.g.$50.50=$51) Bid Submission To ensure correct bid submittal and formatting,Bidders shall: 1. Submit bid electronically through VendorLink for the applicable bid. 2. Upload files only in MS Word (.doc or.docx), Excel (.xls or .xlsx), and PowerPoint(.ppt or.pptx); Adobe Portable Document Format(.pdf);or Compressed File(ZIP)formats. 3. Enable printing on files submitted. 4. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.) 5. Bids must be input into the standardized format in VendorLink. 6. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during bid submission. FSA Cooperative Purchasing Program 2019-2020 Page 29 Page 161 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 7. Follow all instructions outlined in this Invitation to Bid and provide all requested information. The bid submitted in VendorLink shall include the following documents: • Executed Contract Signature Page • Completed pricing sheet o Pricing sheet must be downloaded from VendorLink,completed,and uploaded back into VendorLink. Modifications to the format of the predefined Excel spreadsheet are prohibited,and will cause the bid to be rejected. • Build sheet for each item bid o A build sheet is a document from the bidder or manufacturer that confirms that the vehicle or equipment bid matches the FSA base specification. If using the manufacturer's print-out,the document shall indicate the manufacturer's base model code and display the standard equipment required to provide the base vehicle or equipment as outlined in the FSA base specification. For example,manufacturer print-outs can include Ford—Dora, General Motors —GM Autobook. Carbook Pro build sheets are acceptable. If vendor- installed aftermarket components are used to meet the base specification and these components must be identified on the build sheet. Build sheets for each item bid must be complied into a single .pdf document. Build sheets should be in numerical order by specification, clearly identifiable by specification or item number, and include model name and number. If FSA cannot determine which specification the build sheet is for, the item bid can be rejected as nonresponsive. • Option pricing,See Section 2.13 • Pricing Sheet for Emergency Vehicle Lights and Sirens,if applicable • Emergency Vehicle Technician Certifications,if applicable • Service Standard Plan,Section 2.02, if applicable • Any requested equivalents,Section 2.09,or exceptions,Section 2.07 FSA may ask awarded bidders to supply one hard copy set with original, written signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. 2.16 ZONE BIDDING Bidders are allowed to bid in one or more geographic zones. The zone map is included in Appendix B. A space is provided for the bidder to indicate pricing for each zone.The bidder only submits a bid for each zone if pricing is provided for each zone. 2.17 EXECUTION OF BID By submitting a response to this Invitation to Bid, the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award. The bidder must submit the Contract Signature Page with the signature of an authorized representative no later than the date of the final award. FSA Cooperative Purchasing Program 2019-2020 Page 30 Page 162 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 2.18 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must withdraw the bid,the bidder must contact FSA immediately.Bid withdrawals are handled on a case by case basis,and can result in a limitation of participation in future bids. 2.19 LATE BIDS The responsibility for submitting a bid before the stated due date and time on the bid calendar is solely and strictly the responsibility of the bidder.The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence.Any reference to time will be based on Eastern Time. 2.20 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar.The bid opening will occur at the Florida Sheriffs Association,2617 Mahan Drive,Tallahassee,Florida. FSA shall read the bidder name and if they have provided all the required information. 2.21 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder,the bid must conform in all material respects to the requirements stated in the Contract.As set forth in section 2.26,FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.22 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non- responsible. In determining a responsible bidder,the following factors may be considered: • Adequacy of facilities,staffing,and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service,including previous FSA contracts; FSA Cooperative Purchasing Program 2019-2020 Page 31 Page 163 of 129'9 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of Section 2.01,FSA reserves the right to request staffing,performance and financial information from any bidder during the evaluation process if FSA determines this information is necessary to award the bid. FSA reserves the right to determine which responses meet the requirements, specifications, terms and conditions of the solicitation,and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who,in FSA's sole discretion,are determined to present responsibility concerns that call into question the bidder's ability to perform but that do not rise to the level of requiring rejection of the bidder as ronresponsible. 2.23 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by specification, by manufacturer and by zone to bidders deemed to be responsive and responsible. Awards may also be made to the second lowest bidder by specification, by manufacturer and by zone, if applicable and determined to be in the best interest of the FSA and the purchaser. The Fleet Advisory Committee serves as the initial review for bid submissions. The Fleet Advisory Committee's review is submitted to the FSA for final evaluation and determination of award. The options in the bid shall be for informational purposes only and will not serve as a basis for bid protest. However,the FSA has the discretion to consider option pricing in making the award if doing so would be in the best interests of the FSA or the purchaser. FSA reserves the right to accept or reject any and all bids,and to waive any minor irregularity,technicality or omission if it determines that doing so will serve the purchaser's best interest. 2.24 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty(60)calendar days from the date of bid opening,and if awarded through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment in all zones for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per vehicle or equipment, which amount the vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA's discretion. 2.25 BID TABULATIONS The Bid Tabulation report will be posted on the FSA Cooperative Purchasing Program website after the bid submission closes as indicated in the Bid Calendar. htt,ss:,`/www.flsheriffs or enforcement- ,ro rams.coo,)erative- urchasin ro,�ram dealers-oni,,. FSA Cooperative Purchasing Program 2019-2020 Page 32 Page 164 of 1299 f FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 If there is a delay in posting the bid tabulation results,FSA will post a notice of the delay and a revised date for posting of results. 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity,technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers.A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA may allow'a bidder to correct minor irregularities but is under no obligation to do so.In doing so,the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. However,the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid,or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.27 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the the bid system,,or communications initiated by the FSA. All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. FSA is not responsible for bidder's improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. mFSA Cooperative Purchasing Program 2019-2020 . . . _ �. Page 33 Page 165 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded,the terms and conditions of this document become the Contract between the FSA and the awarded vendor. The terms and conditions apply to all vehicles and equipment purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the Contract warrants that he/she is duly authorized to do so and binds the respective party to the Contract. 3.03 VENDOR CONTACT INFORMATION The vendor will maintain current contact information with FSA at all times. If a change occurs during the contract, the vendor must notify FSA immediately. The Vendor Change Document must be completed, signed by an authorized representative and submitted via e-mail to CPP flsheriffs.org, A sample Vendor Change Document can be found in Appendix A and on the FSA website. 3.04 OPTION TO RENEW&PRICE ADJUSTMENT Renewal Option The contract may be renewed by mutual agreement,initiated at the discretion of the FSA,for up to two(2) additional years,on a year to year basis.The FSA reserves the right to in its sole discretion elect to renew the contract in whole or in part. In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month basis only and shall not constitute an implied renewal of the contract. Such a month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. Price Adjustment Prior to completion of each contract term,the FSAimay consider a price adjustment due to changes in the Producer Price Index(PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics, as a result of any changes to national or state standards that require substantial cost adjustments, or in the event of material changes in tariffs that result in cost increases of 15%or more. Prices may be increased or decreased by the percentage change reflected in the nationally published PPI. FSA shall determine the PPI based on the most recent published PPI initiated at the time of renewal that best reflects adjustments to the economy over the previous 12 months. In the event of changes to national or state standards, the vendor must present verifiable changes in cost to FSA. The FSA will consider the cost changes and will make a final determination on the change in price. _ _.. --- ... vv. ----_ .._ ... . `_ FSA Cooperative Purchasing Program 2019-2020 Page 34 Page 166 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions R.11 8/7/2019 3.20 ORDER The vendor shall submit a copy of the purchase order to the FSA within 15 days of receipt from the purchaser. To initiate a purchase,a purchaser issues a purchase order to the vendor,which shall include: • The contract number and title, • Specification number, • Purchaser's federal identification number,and • Name,phone number and email address for the point of contact at the purchasingagency. Delivery or due dates should be discussed with the vendor at the time the quote is provided to the purchaser,or if no quote is provided,when the purchase order is delivered to the vendor.It is important to note that vendors do not have any control over production delays in schedules from the manufacturer. While it is recommended that an agency purchase from the zone which is closest to their location,it is not mandatory to do so. If the purchaser determines that a vendor in another zone can better serve the purchaser's needs,the purchaser may order from a vendor in another zone.Vendors that provide vehicles or equipment outside of an awarded zone may upon mutual agreement between the vendor and the purchaser charge a delivery fee. The purchaser should forward an executed copy of the purchase order to the FSA at the same time the purchase order is sent to the vendor. Emails or hard copies are acceptable. Emails can be sent to coop@ fish e riffs.org. If a vendor receives a purchase order for a specification for which they were not awarded,the vendor must notify the purchaser and return the purchase order to the purchaser within three(3)business days. All vehicles ordered prior to production cut off and in accordance with the contract shall be supplied in the manufacturer's next model run of that class vehicle even if it requires supplying a later model at the original bid prices. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order.The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the Contract and the purchase order. It is the vendor's responsibility to ensure that the vehicle or equipment ordered by the purchaser is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards.The vendor's acceptance of a purchaser's order will indicate that the vendor agrees to deliver a vehicle that will be fully compatible with all of its options. Any changes that are required to bring a vehicle or equipment into compliance with the various options { due to an incorrect order will be accomplished at the vendor's expense. A Confirmation of Order form shall be completed by the vendor and returned to the purchaser 14 calendar days from receipt of purchase order without notification by the purchaser.The Confirmation of Order form is included in Appendix C. FSA Cooperative Purchasing Program 2019-2020 Page 39 Page 167 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Any additional information needed to complete this form should be obtained from the purchaser. The form may be modified to accommodate each purchaser as necessary. 3.21 VEHICLE AND EQUIPMENT DELIVERY At a minimum,pre-delivery service shall include the following: • Standard Vendor and Manufacturer protocol for new vehicle and equipment delivery; • Cleaning of vehicle and equipment, if necessary, and removal of all unnecessary tags, stickers, or papers(window price sticker or supplied line sheet shall remain); • Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle ratio furnished; • Verification that the hour meter does not exceed five(5)hours for equipment; • Owner's manual and warranty manual to accompany each vehicle and equipment;and • MSRP list sheet (window sticker) MUST bel in the vehicle when it is delivered to the purchaser. Vehicles that are missing this form,or have forms that have been altered will not be accepted. Build sheets, or documentation that verifies what components are included on the equipment being delivered,must be provided for equipment. The vendor shall be responsible for delivering vehicles and equipment that are properly serviced,clean and in first class operating condition. Vendor shall complete delivery of the vehicle and equipment to the purchaser within fourteen(14)calendar days of receipt of the vehicle from the manufacturer or equipment supplier.This deadline shall not apply to vehicles originating as an incomplete chassis. Receipt of a vehicle or equipment by the vendor is defined as acceptance of the vehicle or equipment from a common carrier at the vendor's place of business or any third party's place of business. Deliveries of less than 350 miles may be accomplished by driving the vehicle.Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer's break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a police rated vehicle must use an"OUT OF SERVICE"cover on light bars. All deliveries in excess of 350 miles shall be made by transport,or otherwise approved by the purchasing agency. However,this requirement shall not apply to incomplete chassis.The purchaser has the option to reject a vehicle with more than 350 odometer miles, or may deduct$0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. Equipment with more than five(5)hours on the hour meter may be rejected by the purchaser or the purchaser may choose to negotiate a lower purchase price when the unit,exceeds five hours. . .. ......_ ...... FSA Cooperative Purchasing Program 2019-2020 Page 40 Page 168 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 All warranties shall begin at the time of delivery to the purchaser.The purchaser's warranty should not be active for incomplete vehicles or equipment and vehicles or equipment delivered to a third-party supplier before final delivery. Vendor shall notify the purchaser no less than twenty four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details. Transport deliveries must be unloaded and inspected by purchaser. Deliveries not complying with these requirements may be rejected and will have to be redelivered at vendor's expense. All vehicles or equipment with fuel tanks of thirty-five (35)gallons or less must contain no less than one quarter(1/4)tank of fuel as indicated by the fuel gauge at the time of delivery.For vehicles and equipment that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. 3.22 INSPECTION AND ACCEPTANCE It is the responsibility of the purchaser to inspect a vehicle or equipment for any damages. Each purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable accommodations for inspection cannot be made upon delivery,the purchaser may have up to three(3)days to inspect the vehicle or equipment for acceptance. Inspection and acceptance will be at the purchaser's destination unless otherwise previously agreed upon location was provided in the purchase order. It is the purchaser's responsibility to thoroughly inspect each vehicle and equipment prior to acceptance. Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to inspect the vehicle and equipment and compare bid specifications, purchase order and manufacturer's window sticker or manufacturer's invoice to ensure vehicle or equipment meets or exceeds the requirements of the bid specifications and the submitted purchase order. Purchasers should inspect the vehicle and equipment for physical damage. Delivery of a vehicle or equipment to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle and equipment meet contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect'from specifications,payment can be withheld until such time as the vendor completes the necessary corrective action. Units shall be delivered with each of the following documents completed or included: 1. Copy of Customer's Purchase Order 2. Copy of the applicable Vehicle or equipment specification 3. Copy of Manufacturer's Invoice or Window Sticker for vehicles (prices may be deleted from the manufacturer's invoice); or a Build sheet, or documentation that verifies what components are included on the equipment being delivered,for equipment 4. Copy of Pre-Delivery Service Report 5. Warranty Certification ........ FSA Cooperative Purchasing Program 2019-2020 Page 41 Page 169 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 6. Owner's manual 7. If the vendor does not provide the tag and title,then the DHSMV 82040(Application for Certificate of Title and/or Vehicle Registration)which requires a signature of authorized representative. Deliveries that do not include the above items will be considered incomplete and can be refused. 3.23 REGISTRATION, TAG AND TITLE Costs of registration,tag and title shall not exceed the statutory rates.FSA administrative fee does not apply to tag and title work. Title items shall be the responsibility of the vendor. If the purchaser is a government agency,the purchaser has the right to choose to register and title the vehicle or equipment. Reasonable administrative costs for registration and title services,including obtaining temporary tags,tag transfers,and new tags are permitted. Alf costs associated with obtaining,filing and shipping of tags shall be listed as an option during the bid submission for each item bid. Administrative costs can include convenience fees,cost reimbursements for filing,obtaining or delivery of tags,or any costs over the original purchase price of the registration and title. Administrative costs for registration and titling can be negotiated between the purchaser and the vendor. 3.24 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract.Vendors must invoice each purchaser independently. A purchaser has three(3)working days to inspect and accept the vehicles or equipment.The vendor shall be paid upon submission of invoices to the Purchaser after satisfactory delivery and acceptance of the vehicles and/or equipment. The Local Government Prompt Payment Act will apply to ensure timely payment of Vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70-218.79 of Florida Statutes. 3.25 WARRANTY REPAIRS AND SERVICE All warranties shall begin at time of delivery and final acceptance by the purchaser. Failure by any manufacturer's authorized representative to render proper warranty service or adjustments, including providing a copy of the warranty work order to the purchaser, may subject the vendor to suspension from the approved vendor listing until satisfactory evidence of correction is presented to the FSA. 3.26 INADEQUATE SERVICE When vehicles and equipment require service or adjustments upon delivery,the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer's local authorized representative or other service provider to remedy the defect.Such service or adjustments shall be initiated by the vendor within 48 hours after notification by a purchaser, not to: include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory and the vehicle or equipment is redelivered. FSA Cooperative Purchasing Program 2019-2020 Page 42 Page 170 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 The provisions of the delivery section shall remain,in effect until the redelivery is accomplished.The cost of any transportation required shall be the responsibility of the vendor until the vehicles or equipment are satisfactory and accepted by the purchaser. 3.27 REPORTING: PURCHASE ORDERS &QUARTERLY REPORTS Purchase Orders The Vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered late if not submitted fifteen(15) days after the date of the purchase order. Vendors should scan a complete copy of the purchase order and attach it as a .pdf. Place the document title in the subject line of the e-mail and send purchase order copies to COOPi�:J lsh_eriffs.OE;. The files should be named using the following examples: Examples: County=Florida County,County,of PO 12345 ABC County BCC PO 12345.pdf City=Florida City,City of PO 12345 ABC City PO 12345.pdf Sheriff=Sheriff Office of PO 12345 ABC Sheriff PO 12345.pdf Education=Institution Name PO 12345 ABC County College PO 12345.pdf Quarterly Reports Quarterly reports are the contractual responsibility of each vendor.Quarterly reports which do not adhere to the required format (as set forth in Appendix D) or are not complete of all purchase orders will be returned to the reporting vendor for correction of deficiencies. All quarterly reports are to be sent to REPORTS 'flsheriffs.ar:. Quarterly reports must be complete with the name of the vendor. For example, "Best Vendor" in the document header. Do not indicate the quarter on the top of the report. Do not include purchase orders with quarterly reports. The template of a quarterly report is located in Appendix D. Quarterly reports are due no later than the 15`"day of the month following the end of the quarter. Quarterly reports should follow this schedule: Quarter 1: October 1—December 31 Q1 Report Due: January 15 Quarter 2: January 1—March 31 Q2 Report Due: April 15 Quarter 3: April 1—June 30 Q3 Report Due: July 15 Quarter 4. July 1—September 30 Q4 Report Due: October 15 If a vendor has no sales within a quarter,the vendor is required to submit a quarterly report,mark the box on the green line and indicate"NO SALES THIS QUARTER"on the report. FSA reserves the right to modify the procedurei for submitting quarterly reports during the term of the contract.Such a change shall not materially modify the substance of the information to be reported, but may change the method by which future quarterly reports are to be submitted. In the event of such a FSA Cooperative Purchasing Program 2019-2020 Page 43 Page 171 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.28 ADMINISTRATIVE FEE The FSA charges three quarters of one percent(.0075)to procure,process and administer the Contract. After receipt of payment from contract purchases,the vendor shall remit all administrative fees to the FSA no later than 15 days after the end of each quarter.All fees payable to the FSA during any given quarter will be accompanied and supported by a Quarterly Report. Bidders are to include the administrative fee of three quarters of one percent(.0075) in all bid prices. The fee should be incorporated into the price at the time of bid submission This fee should also be included on all add options. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee,nor any additional charge to recoup the administrative fee,will be permitted if a vendor fails to incorporate the administrative fee in its bid'.pricing. The fee should never be listed as a separate line item on any purchase order. The administrative fee is based on the total purchase order amount of new vehicles or equipment. This fee excludes any value given to purchasers for trade-ins. Trade-ins,extended warranties and other exchanges will not reduce or impact the fee calculation. The administrative fees are the contractual responsibility of each awarded vendor. By submission of the quarterly reports and administrative fee,the vendor is certifying the accuracy of the reports and deposits.All reports and fee submissions shall be subject to audit by the FSA or their designee. All participating vendors will be responsible for making sure that FSA has the contact information,including e-mail address,for the person responsible for quarterly reports.There will be no reminders forthe quarterly reports or the administrative fee. Checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee,FL 32308 3.29 LIQUIDATED DAMAGES The vendor warrants that the product supplied to the FSA or purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports within 15 calendar days following the end of each quarter will result in the imposition of liquidated damages. Vendors failing to submit administrative fees and quarterly reports will incur liquidated damages in the amount of$25 for FSA Cooperative Purchasing Program 2019-2020 Page 44 Page 172 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred in the litigation.Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County,Florida. When quarterly reports are late, liquidated damages are to be included in vendor's Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 days can result in FSA, at it's sole discretion, implementing contract compliance actions, including but not limited to,suspension, limited participation by specifications or zones,disqualification from future solicitations,or termination for cause pursuant to Section 1.45. Schedule of Liquidated Damages ... ...... r. Failure to it submquarterly ort on time i q y re p $25 per calendar day Failure to report a Purchase Order to FSA within the £ $100 per Purchase Order 15 calendar days of the purchase order date [ Failure to Report SalesC 0075 of the sales price plus 1.5% each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will damage the FSA, but by their nature such damages are difficult to ascertain. Accordingly, the above specified schedule of liquidated damages shall apply to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty, but are instead intended solely to compensate the FSA for damages,and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor's failure to take the specified actions. FSA Cooperative Purchasing Program 2019-2020 Page 45 Page 173 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Appendix FLORID a ,. Florida Sheriffs Association Cooperative Purchasing Program Vendor Change Document Please complete this form to validate a requested change to Company Addresses,Contacts or Contact information below. Include all sections where information has changed,old and new. FSA Contract Number(s)affected by change: Company Information Changes: Dld information New Information Old Company Name: New Company Name: Old Company Address: New Company Address: Old Company City: New Company City: I Old Company state: New Company State: Old Company Zip: New Company Zip: Company Contact Changes: Old Contact Information New Contact Information �. � ., . Old Contaet Name(Fi11 rst,last}: New Contact Name(First,Last): Old Contact E-Mail: New Contact E-Mail: Old Contact Office Phone: New Contact Office Phone: Old Contact Moblle Phone: New Contac Mobile Phone: Old Contact Fax Phone: �New Contact Fax Phone: This information is requested by an authorized representative of This request will take effect as soon as it is received by FSA by e-mailing to cpp@flsheriffs.ortt. Name of Authorized Company Representative Job Title Date of Request Authorized Company Representative Signature: FSA Office Use: I _ Date Received: Change Effective: FSA Agents FSA Cooperative Purchasing Program 2019-2020 Page 46 Page 174 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Appendix FSA CONTRACT ZONE MAP WESTERN „ r NORTHERN BAY NORTHERN ALACHUA CALHOUN BAKERf DIXIE BRADFORD MBIA CLAYFRANKLIN GCOLUMBIA ADSD n AL GULF FLAGLER OLbiES GiL ST" TA N NHAMILTON CENTRAL � w. LEVY LAFAYETrE MARION LEON NASSAU LIBERTY PUTNAM m.a M ISONm OHNS OK SA SU l ANEE SANTA ROSAUNION TAYLOR YOLUSIA AWALTON yw�1 WAKULLA WASHINGTON CENTRAL SOUTHERN BREVA BROWARDCITRUS CHARLOTTE SOUTHERNP DESOTO COLLIER HARDEE GLADES HERNANDO I#'ENDRY HIGHLANDS HILLSBOROUGH LEE GLEE QST INDIAN RIVER LAKE MIAMI-RADE a MANATEE MONROE `.• CD OKEECHOBEE PALM BEACH •;y C3® ORANGE C OI A PASCO PINELLAS L ST.LUCIE SARASOTA SE. INOLE SUMTER FSA Cooperative Purchasing Program 2019-2020 Page 47 Page 175 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Appendix FL CONFIRMATION OF ORDER FORM GT9 7. , M Police Rated,Administrative,Utility Vehicles Trucks and Vans Bid#FSAXX-XXXX Vendors are to complete and return this confirmation of order form by email,fax or mail to the agency location listed below within fourteen(14)calendar days after receipt of purchase order. Vendor. Vendor: _........ .................... a, Address: City: State: __ Zip: Contact Person: Phone Number: Fax: Specification No. Type Vehicle/Equipment: Purchase Order Number: Purchase Order Received: Order Was Placed With the Manufacturer on: Under Production Number: Estimated Date of Delivery: Comments: PURCHASER: Contact Person: .. �. Address:City: __...... Phone Number: State: ......_...._........._., Zip: .._........__.....,..__...... -- E-mail: a m-...,e. _.. Fax: FSA Cooperative Purchasing Program 2019-2020 Page 48 Page 176 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Appendix [INSERT DEALERSHIP NAME HERE] QUARTERLY WORKBOOKfor BID#FSAXX-XXXXXXX Contract Term:Oct.1,2oXX thru September 30,20XX CONTRACT NAME October 1-December 31 11st Quarter Zero Activit IPa r!t ❑cl ed eo Estimated Final Dellvery FaAAdmIn. Purchaser Nama PON PDDab 7-'. Vehlcla Typo Quantity.. DallwryDate Dab Total PO AmountFea Dab Pald - S S g _ S g g S S S S $ S S 5 'S _ $ Pare Total _i $ Fees and reports are due no later than the 15th of the north following quarter end. FSA Cooperative Purchasing Program 2019-2020 Page 49 Page 177 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Rev 8/7/2019 Appendix FL R Bid Calendar SitIMK RfY/tIA1N FSA19-VEL27.0 Pursuit,Administrative and Other Vehicles f, FSA19-VEH17.0 Heavy Trucks and Equipment `® Contract Period:October 1,2019—September 30,2020 CALENDAR ITEM DATE Bid Announcement 5/13/19&.5/28/19 Voluntary Workshop—10:30AMEDT Contract FSA19-VE127.0 6/20/19 Voluntary Workshop-2:00 PM EDT ContractFSA19-VEH17.0 6/20/19 Mandatory Pre-Bid Meeting for ContractFSA19-VEL27.0 7/9/19 Mandatory Pre-Bid Meetingfor Contract FSA1945H17.0 7/10/19 Requestfor ClarificationsDue—5:00 PM EDT 8/2/19 Mandatory Qualifying Documents Submission—5:00PMEDT 8/2/19 FSA Response to Request for Clarifications 8/9/19 Cone of Silence 8/9/19—10/1/19 Bid System Open 8/9/19 Bid Submissions Due 9/3/19 Public Bid Opening-10:00 AM EDT 9/4/19 Fleet Advisory Committee Bid Review 9/9/19—9/12/19 Intent to Award Posted 9/13/19 Final Bid Award 10/1/19 Workshop Instructions: Voluntary workshops are via teleconference.To participate,call-in on the designated date and times in the calendar for the contract of interest. Dial-in#1-800-920-7487 Participant#6849541# Pre-Bid Meeting Location: Falkenberg Road Jail Assembly Room 520 North Faulkenberg Road Tampa,FL 33613 Pre-Bid Meeting Itinerary: FSA19-VEL27i0 Pursuit,Administrative&Other Vehicles July 9,2019 9:00 AM—4:00 PM EDT FSA19-VEH17.0 Heavy Trucks and Equipment July 10,2019, 9:00 AM-4:00 PM EDT M..._-MAMMA= r..... _,._ FSA Cooperative Purchasing Program 2019-2020 Page 50 Page 178 of 1299 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O• #: 210265 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/06/20 VENDOR 13240 SHIP TO: TO: WHIDDEN SURVEYING & MAPPING, I City of Boynton Beach 9200 BELVEDERE ROAD PUBLIC WORKS DEPARTMENT SUITE 114 222 N.E. 9TH AVENUE ROYAL PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 REQUISITION NO. 77168 ORDERING DEPARTMENT: ENGINEERING/PM/PAP DATE NEEDED: CONTRACT NO. COMMISSION APPROVED . a -• ®�' _ 067282116B EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 DL PROJECT MANAGER / TASK ORDER # 580 . 0000 580 . 00 U-C-02 4 hours @ $145 . 00 $580 . 00 2 1. 00 DL SENIOR PROFESSIONAL 580 .0000 580 .00 SURVEYOR/MAPPER 4 hours. @ $ 145 .00 _ $580 . 00 3 1 . 00 DL SURVEY TECHNICIAN 680 .0000 680 . 00 8 'hours @ $85>. 00 = $680 . 00 4 1 . 00 DL SURVEY 'CREW (3 MAN) 6320 .0000 6320 . 00 40- hours .@ $158 . 00 = $6 , 320 .00 5 1 . 00 DL -CADD TECHNICIAN 2720 .0000 2720 . 00 hours @ $85 .00 = $2, 720 . 00 REMARKS: SURVEY FOR HESTER CENTER-SITE IMPROVEMENTS SCOPE INCLUDES: *BOUNDARY SURVEY OF THE REMAINING PROPERTY *LOCATION OF EXITING BUILDINGS, PARKING., DRIVES, VISIBLE UTILITIES AND ANY OTHER IMPROVEMENTS . *TREE. SURVEY *GENERAL TOPOGRAPHIC INFORMATIONO.F THE SITE *COMBINE . PREVIOUS SURVEY INFORMATION TO CREATE ONE SURVEY _._ PROCUREMENT SERVICES: ` P.O. TOTAL 10880 . 00 m ACCOUNT NO. PROJECT 303-4209-572 .63-05 RP2101 PURCHASING Page 179 of 1299 Page 180 of 1299 � 1 ! k i i 0 0 99 \ i N Ill W I 1 9 1 O O w O O ~ ~ I 1 O O O O O O ••n3�8 ! � i 0 0 0 0 ,HIt� LG i i Qco OD 0 0 0 0 ! t 4 O DH o f ; N In e e M o o H i C N I n b o i I H I I (7 ; x H z a E O I o 0 0 w O ; o0000 o po 0 0 0 0 0 E U O OO p O I O O O O O O a U' w I Ln b INn r- co C14 0 a a H ; ' w H ro 1 Ow In O O O •• ; ,moi N H H N H n `L. CQJ I 0 0 o E i O ti .yi N N 4Ji c W Ow ; m m0 O o E W b N W 0 Q I N b r 7. 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I ul ut In Ill w ptz qa�Hoy w®f'10 ®E+o [��.I o 0 0 0 0 2EFy.1 W $4 0 .1010 y+�O.SFO. i �O� H ;1 JN N N N N Q F H I (q {Uqp U m m M r�i la+l U F+ O rn l o f z 4 P p�a o A p� o a Q AlA o D i a M M M M M 0 'J E+ q i W a E W y dI UUJ yp UUJ ,7000) N URJ I H wa 01.0 n E {C H w H Iz•I H N P7 VJ 1 d1 a m I N•+ N N w In 5 I � a Page 181 of 1299 0 0 N N \ N N VI O o I O O I ei rl I 1 I E dHd � Q R 1 c to � M. I � a N W ED O N p i o I H I o z z En a V A a I I I I I a I•+ I H 11 (to HN Q I- t- 11c: W o F A o W X o V ne a o H N H as E4 0 H 041 H I a � m w � 9C pl uOy W tt�3 [Rt IS �u i m via c]o o � m ' � u •.+w N rt 1 IJ w 41 N 1-1 14 y�y w U (y i pl q> LN'.L ti J 0 a w •.#i -I is 13 O za f wwro.+ W. �yy CL ILQw paq i 6'10 CD NEF.' ,pHp.q�q i P7 b>,-W !I W a i w u t P,0,-24 y I w 9 NRS ri w z 0-4 pn ~2 Ox �'K,4 $4 Z c'g U w N a+-A bl•N q94 E- ..4 i z �000•+W 0 w to O .i ai'E d b Ol F i H •.p•1 -Hw a�3 b CNi'H W a I U1 'tl aJ rl 41 pS H I H Nga9ANNp aI '.. X I to D LL 7 U•rl wCUCyy7'7 EM Page 182 of 1299 CITY OF BOYNTON BEACH u REQUEST FOR PURCHASE OVER $10,000 Date: 10/2/2020 Requesting Department: Engineering Contact Person: Paola Mendoza Explanation for Purchase: Hester Center-Site Improvements /to complete the survey for the entire park Recommended Vendor Whidden Surveying & Mapping Inc Dollar Amount of Purchase $10,880.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy-Back Sole Source Emergency Purchase Other Contract Number: 067282116B NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4209-572-6305 / Project RP2101 (Approvals: 'Department Head Date 10/02/2020 11:33:57 AM Purchasing Agent Date r .w Asst City Manager Date City Manager Jul,- Date Form Revised 02/01/02 Page 183 of 1299 E. nc5�aNYS Whidden Surveying & Mapping, Inc. 9200 Belvedere Road, Suite#114 Royal Palm Beach, Florida, 33411 561-790-5515 -Office 561-790-6557—Fax www.whiddensurveying.com 29Sep2020 Gary Dunmyer,MBA,P.E. City Engineer Public Works,Engineering City of Boynton Beach 100 E.Boynton Beach Blvd. I Boynton Beach,Florida 33435 RE: Hester Center Mr.Dunmyer, Whidden Surveying &Mapping, Inc. (WSM) is pleased to provide this proposal for professional services on the properties referenced above: Scope: The City of Boynton Beach is considering irrigation and other future improvements to Hester Park and needs to add information to the previous survey. This scope includes: • Boundary Survey of the Remaining Property • Location of exiting buildings,parking,drives,visible utilities and any other improvements. • Tree survey including size and type • General Topographic information of the site • Combine previous survey information to create one overall survey Page 184 of 1299 The vertical datum will be North American Vertical Datum of 1988(NAVD88). The horizontal datum shall be North American Datum of 1983,adjustment od 201 (NAD83/11). Deliverables: The deliverable to the Cit), will include: • Signed and sealed copies of the survey. • Digital files associated with the project The total Fee to survey these properties is$10,880.00 Upon acceptance of this proposal, please sign and return one (1) copy to the address or email address below. We can have surveys complete within three weeks of Notice to Proceed. Sincerely, Whidden Surveying&Mapping,Inc. A46�111Z'l Thomas E.Whidden Page 185 of 1299 'City,of&ynton Beach N' � U Hester Center Boundary & Topographic Survey Position/Title Hours Hourly Rate Amount Project Director(Principal) $185.00 $ - Client Service Manager $165.00 $ - Project Manager 4 $145.00 $ 580.00 Senior Professional Surveyor/Mapper 4 $145.00 $ 580.00 Professional Surveyor/Mapper $120.00 $ - Survey Technician 8 $85.00 $ 680.00 - -- -- -- Senior Field Representative(Professional) $125.00 $ - Survey Crew (1 Man) $85.00 $ Survey Crew (2 Man) $130.00 $ - Survey Crew(3 Man_)_ 40 $158.00 $ 6,320.00 GIS Specialist $79.00 $ - CARD Technician 32 $85.00 $ 2,720.00 T Man Scanner/Laser Survey Crew $250.00 $ - TOTAL $ 10,880.00 Page 186 of 1299 Coversheet Page 1 of 1 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 4/21!2020 ��� s City of Boynton Beach �t�' �� Agenda Item Request Fonn Commission Meeting Date: 4121/2020 Requested Action by Commission: Approve the one-year extension for RFPs1Bids and/or piggy-backs for the procurement of services and/or commodities over$100,000 as described in the written report for April 07.2020-"Request for Extensions and/or Piggybacks. 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 summarirJng the Information in a monthly report(as required), EVEN®®R(3)W a � DESRIPTi NOF UGI R OUNT SOLICITATION NUMBER TERM 'WGI-WAN TMAN PROFESSIONAL City RFP No. April 01, $140,000 GROUP i SURVEY AND 067-2821-1 BITP 2020 thru Annual MAPPING March 31, Estimate ? ENGENUITY SERVICES 2021 GROUP,INC_ AVIROM& ASSOCIATES WHIDDEN SURVEYING AND MAPPING, INC 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 Hems as noted on the attached report. Altematives: Notve renewals and eppro require new solicitations to be issued i Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a gmrd? Grant Amount: ATTACHMENTS: Type Description o Addendum Wantman Group Renewal Letter 3-37-20 RW o &domwm ENGENUITY GROUP Renewal Letter 3-27-20 RW D 6,018—n 0,4 T AVIROM Renewal Letter RW 3-27-20 ® Add num Whidden Renewal Letter 3-27-20 RW D 640_ndum REQUEST FOR BID EXTENSIONS 100+407-20 RW D Addendum 3-21-17 Survey&Mapping R17-028 Coversheel RW https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItendD=7521&M... 4/ x9487 of 1299 The City of Boynton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX (561)742-6316 March 4,2020 RFQ. "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ NO. 067-2829-161TP Agreement between the City of Boynton Beach and VMIDDEN SURVEYING AND MAPPING, INC.: RENEWAL TERM: APRIL 1,2020 THROUGH MARCH 31, 202' x Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, 1 do not wish to renew the bid for the following reasons) _ WHIDDEN SURVEYING AND MAPPING, INC. ' s r' r� NAME OF COMPANY SIGNATURE= Thomas Whidden President NAME OF REPRESENTATIVE TITLE (please print) March 4, 2020 (569) 790-5515 DATE (AREA CODE) TELEPHONE NUMBER tom@whiddensu rveying.com E-MAIL America's Gateway to the Gulf Stream Page 188 of 1299 i j� I '7: s , t CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 April 07, 2020 REQUESTING DEPARTMENT- UTILITIES DEPARTMENT CONTACT.,Joseph Paterniti, P.E. TERM:April 01, 2020 thru March 31, 2021 SOURCE FOR PURCHASE.-City RFQ No.:067-2821-1611T, ACCOUNT NUMBER.Costs of individual task orders will be paid from approved C/P budgets or other budget § sources within the City's adopted budget VENDOR(S): Wantman Group,Inc.' { Avirom&Associates,Inc. Whldden Surveying and Mapping, Inc. Engenuity Group,Inc. ANNUAL ESTIMATED EXPENDITURE:$140,000 Annual Estimate DESCRIPTION. On March 21,2017, the City Commission approved RESOLUTION NO.RI 7-028 authorizing the City Manager to sign individual agreements with four(4)firms as a result of RFQ No.: 067-2821-161TP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for I approval in accordance with the City's Purchasing policies and'procedures. The initial term was for a three(3)year period through March 31,2020. The Agreement may be renewed for an additional two(2)one-year terms with the same terms K and conditions. The vendors have agreed to an extension for the 111 one-year renewal term through 3/31/21. FISCAL IMPACT: The costs of the individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget. i ]Ef 5 f f, j 1, i E 1 1 Pace 189 of 1299 a CITY OF BOYNTON BEACH �9h alb 1� if rens�Y�iaF��ii�i� », AGENDA ITEMREQUEST FOR COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-028- Authorize the City Manager to sign individual agreements with four(4)firms as a result of RFQ No.:067-2821-16frP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement: APRIL 1, 2017 THROUGH MARCH 31, 2020 i On January 17, 2017,the City Commission approved the list of top-ranked proposers identified, by the Evaluation Committee from the responses received from RFQ No.: 067-2821-16ffP fo Professional Survey and Mapping , who authorized staff to conduct negotiations with the! firms firms as follows: i Wantman Group, Inc. Avirom &Associates, Inc. Whidden Surveying,and Mapping, Inc. Engenuity Group, Inc. The RFQ was advertised and submittals were opened on October 14, 2016. The City received thirteen (13) proposals whereby the top four(4) proposers were submitted to City Commission, on January 17,2017 for approval and authorization to move forward with negotiations to establish. contract agreements for ongoing services in accordance with Florida Statute 287.055, Consultants'Competitive Negotiations Act. I ......... ��e Page 190 of 1299 Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial: contract period. Based on comparisons of the submittals by each of the firms, negotiationi sessions were deemed unnecessary. Firms that showed higher rates were contacted for` discussions.As a result,the Schedule of Professional Fees as attached will be fixed and firm fot at least the initial three (3) year period. The Agreement may be renewed for an additional twos (2)one-year terms with the same terns and conditions. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. i f HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreements will provide for the issuance of task orders in connection with projects for on-1 going capital improvements to enhance City-wide operations. Individual task orders in excess of $25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. C L IMPACT: Budgeted eted A g The costs of the individual task orders will be paid from approved CIP budgets or other budgei sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re-issue the RFQ. STRATEGIC PLAN: i ! � STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No I Grant Amount: Page 191 of 1299 ATTACHMENTS: Type Description 13 Resolution Resolution approving Agreements for Professional Surveying and Mapping Services p Acr�eemeW Agreement Wantman p Machtnep4 Wantman Rates p Aqr-" WA Agreement Avirom and Assoc D Attachment Avirom and Assoc Rates D Agreement Agreement Whidden p Attachment Whidden Rates p Attachment Engenuity Group Rates p Agreement Agreement Engenuity Group REVIEWERS: Department Reviewer Action Date Financial Services Approved 3/13/2017-10:22 AM Financial Services Approved 3/13/2017-10:22 AM i Legal Swanson,Lynn Approved 3/13/2017-3:42 PM City Manager LaVerriere, Lori Approved 3117/2017-9:5 Page 192 of 1299 Client#: 1051623 WHIDDSUR DATE(MMIDD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 6/08/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services, LLC PHONE 813 321-7500 FAX 813 321-7525 (AIC,No,Ext): ,IAIC,Nod: 2502 N Rocky Point Drive E-MAIL Suite 400 ADDRESS: INSURER(S)AFFORDING COVERAGE I NAIC# Tampa, FL 33607ance Company INSURER A:PhoenixINSURED Whidden Surve in &MappingInc. INSURER B:Travelers Casualty and Surety Company _ 19038_ y g PP g' INSURER C:Liberty Insurance Underwriters,Inc. . 119917 9200 Belvedere Road ..---- _- . -- Suite 114 wsuRERD: Royal Palm Beach,FL 33411 INSURER E: _ IN F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADUL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JNSR WVD, POLICY NUMBER )MMIDDIYYYY)'(MMIDDIYYYYp LIMITS A XO COMMERCIAL GENERAL LIABILITY X x 6809H107841 3124/2020,03/24/2021 EACH OCCURRENCE $2,000,000 1 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea-occurrence) $1000000 MED EXP(Any one person) j$10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY L JET LOCPRODUCTS-COMP/OP AGG I$4,000,000 OTHER: _ $ ....... . ......... .......—.....-- 1 AUTOMOBILE LIABILITY X x 6809H107841 312412020.03/24/2021 COMBINED SINGLE LIMt A AUTT 1 _ COMBINED $2,000,000 ANY AUTO _ BODILY INJURY(Per person) Is OWNED _ 'i SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ _ XI HIRED X...�NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ' AUTOS ONLY rPer accidents ;UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED .. 1.-RETENTION$.-------......- '-- — ---- _ - — $ B WORKERS COMPENSATION x UB7K1809347109/2020 07/09/2021 X PER AND EMPLOYERS'LIABILITY — - - ANY PROPRIETOR/PARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under _-- -- DESCRIPTION OF OPERATIONS below L E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional AEX1019790005 5/07/2020 05/07/2021 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability coverage is written on a claims-made basis. City of Boynton Beach is an additional insured with respect to General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION Lilt Of Boynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3301 Quantum Blvd. IACCORDANCE WITH THE POLICY PROVISIONS. Suite 101 _ Boynton Beach,FL 33426 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD Pae 193 of 1299 #S289847701M28984500 USBZP g Moro Susan From: Pratt, Tanakm Sent: Thursday, October O1' 2O2O31S PM To: Mendoza, Paola Subject: FW: next surveyor please � Hello Paola, Please see below Task Order that was used for surveying the Hester Center parking. � Taralyn Pratt Contract Coordinator Boynton Beach Utilities City of Boynton Beach 124E. VVoo|brightRd. | Boynton Beach, Florida 33435 � 561'742-6447 prattt@bbfl.us http://www.boynton-beach.org/ . � America's Gateway to the Gulfstream Please be advised that Florida has a broad public records |avv 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 besubject to public disclosure. Fnomm: Dunmyer,Gary«0unmyerG@bbO'us> Sent:Tuesday,June 19,2O18 3:40 PM To: Pratt,Tara|yn<prattt@bbfl.us> Subject: RE: next surveyor please | anmstill negotiating with VVG|, but itlooks like vxemay come tnterms soon. | didn't agree with the number ofhours � they are proposing. Regarding Engenuity,We have received a proposal and I am in the process of issuing a PO to get started. Gary Gary Dunrnyer, MBA, P.E. City Engineer | � Public Works, Engineering City ofBoynton Beach U 100 E. Boynton Beach Blvd. | Boynton Beach, Florida 33435 U ' z Page 194Of1299 561-742-6231 DunmyerG@bbfl.us http://www.boynton-beach.org/ AT,�p , Lq America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Pratt,Taralyn Sent:Tuesday,June 19, 2018 3:24 PM To: Dunm er Gary<Dunm erG(�i .us Subject: RE: next surveyor please Good Afternoon Gary, Can you update mw on the senior center boundary&topo with WGI—Wantman Group? PO#and amount Can you update me on Ocean front Park with Engenuity Group, Inc.? PO#and amount I will also need the above information for the following. Sara Sims-_Construction staking and as-builts use Task Order# U6-03 AVIR M&ASSOCIATES,INIC. SO SW 2nd Avenue Suite 102 Baca Raton, FL 33432 Michael D.Avirom ikavirs .cy 561-392-2594 Hester Center Parkinuse Task Order#—C-02 WHIDDEN SURVEYING AND MAPPING, INC. 9200 Belvedere Rd, Suite 114 Royal Palm Beach, FL 33411 Thomas Whidden 2 Page 195 of 1299 � � 561-790-5515 Tarakm Tara|yn Pratt Contract Coordinator Boynton Beach Utilities City of Boynton Beach � 124 E. VVoo|brightRd. | Boynton Beach, Florida 33435 � �~ 561-742-6447 � gj- pnattt@bbfl.us http://vvwvv.boyntnn-beachorg/ 1 3 , America's Gateway to the GUtfstreaO0 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 addressrnaybesubjecttopub|icdisdosure. Fnmmm: Dunmnyer, Gary Sent:Tuesday,June 19,2O1Q2:48P&4 � | To: Pratt,Tena|yn � Subject: next surveyor please Tana|yn, | have two projects forxvhich | vvi|| needsurveys: 1. Sara Sims—construction staking and ms-bui|1u 2. Hester Center Parking � Can you send noethe next two surveyors inthe rotation? Gary Gary Dunmnyer, MBA, P.E. City Engineer Public Works, Engineering City nfBoynton Beach 1O0E. Boynton Beach Blvd. | Boynton Beach, Florida 33435 � 561'742'6231 . 3 Page 196 Of 1299 ~ DunmyenG@bbfl.us | �� http://www.boynton-beach.org/ � America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may besubject topublic disclosure. � � � � | � 4 � Moroney, Susan From: Mendoza, Paola Sent: Thursday, October 01, 2020 3:19 PM To: Pimienta, Pablo Subject: Hester Center- Site Improvements -Surrey PO Request Task Order#U-C-02 Attachments: Hester Center.pdf, Hester Park-2.pdf, FW: next surveyor please; Hester Center-Site Improvements jpg Hello Pablo, Can you please create a PO for a new job for Survey work for Hester Center-Site Improvements-with Whidden Surveying(Task Order#U-C-02),for the amount of$10,880.001 • Please see attached proposal from the consultant • The project is to complete the survey for the entire park • An account#303-4209-572.63-05- Project No. RP2101(note that finance has already created a project and the funds are available) • Please see attached email from Taralyn with task order. Thank you very much, please let me know if you have any questions or I left something out, Paola Paola Mendoza Associate Engineer Public Works/Engineering --= Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 __- Physical Address: 100 E Ocean Ave I Boynton Beach, Florida 33435 561-742-6266 MendozaP@bbfl.us boynton-beach.org/ V 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. i Page 198 of 1299 PURCHASE ORDER BEACH,CITY OF BOYNTON FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX P.O. #: 210269 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 10/07/20 VENDOR 17911 SHIP TO: TO: GRAYSHIFT LLC City of Boynton Beach 931 MONROE DR. NE POLICE DEPARTMENT SUITE A102-340 2100 HIGH RIDGE RD ATLANTA, GA 30308 BOYNTON BEACH, FL 33426 REQUISITION NO. 77164 1 ORDERING DEPARTMENT: POLICE—SPS 4 � a � ACT NO.. _ . e � DATE NEEDED: � COMMISSION APPROVED: _ EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA GRAYKEY LICENSE RENEWAL 18000 . 0000 18000 . 00 REMARKS: RENEW GRAYKEY .LICENSE RTN TO' CAPTAIN` BURDELSKI PROCUREMENT SERVICES: / P.O. TOTAL: 18000 . 00 ACCOUNT NO. PROJECT 001-2112-521.64-14 Page 199 of 12 9 of iRr_uncinir_ �� o O N N I I ri d+ W 1 I 0 o W 1 I \ \ 1 I 0 0 1 1 E4 O O 1 10 0 raH� 1 I � E-i Q CD CD cc ac 1 I & H 1 I r j I I 1 I �I 1 I Be 1 Q I 1 Qe U i4 CA 1 O O H(,•} 1 O O I O 4 }� 1 O O O W 1 o O I YS.1 1 00 OD I Ul Ura1 H 1 ro 1 1 U i i tl+ H(H/1 i O •• i Z (J {� W H W W U I O Erad•l 1 � W tL i o >4 i H YI o O U 1 H H 1 U O H U 1 H 1 CA a rl 1 fA 1 a Ct+ QiEl O P1 rl ty7� I W 1 0 °a Cal H 0 cH III nn W qO H i H UW p H W i i H H Of a s a 1 1 Cil W I I z z tx Q F CD z En CDp En P N 9 a I I U z E-1 w W a CA I I ry W H I Iul I I H a � w� a mw ; a1H7 I O I a CA 1 a s 1 W Uf r W w O rA � WWHa r �U H H t W W �1 a a t aaU w s� a w 1 wpa v 1 v,OI O 1 w m U) I zwa I 'i 4 m o z . U i � w � z H 0 i hH>40 i H� Com{ w >4 0 N U :H W O U I £U d o 0 i� H £ a E2 A U CA H U W p W 1 W O a H Pd H H H o al a�Z � a wa Page 200 of 1299 i u °- d .. CAP'S Stevan B r el ski SGT Drew Murphy Commmider Irivesdgative Scrvices FROM- Supervisor REF GrayKey License Renewal TE: 09/08/2020 Purchase/Payment Request (If paid by credit card,please attach receipt to this document) Vendor: Grashift LLC - 1 1 Gra R e License Renewal Invoice#3243 $18000.00 1 r� TOTAL $18000.00 A/C Approval: Account Number: Backup Docs Submitted: ❑ Quotes/Verbal(over$500.00) ❑ Quotes/Written(over$2000.00) Purchase over$25,000 needs commission approval *PLEASE Page 201 of 1299 GRAYSHIFT INVOICEInvoice Date Grayshift LLC Sep 8,2020 931 Monroe Drive NE City of Boynton Beach Police Dept Invoice Number Suite A102-340 Attention:Charles Ramos INV Order#3243 ATLANTA GEORGIA 30308 PO Box 310 Reference UNITED STATES BOYNTON BEACH FLORIDA 33425 Renewal request Office:833-472-9539 US Fax:404-420-2797 DUNS number:081045174 CAGE Code:7ROW9 Description Quantity Unit Price Amount USD GrayKey License Renewal-Online Fixed 1.00 18,000.00 18,000.00 Subtotal 18,000.00 TOTAL USD 18,000.00 Due Date:Oct 8,2020 TIN:813806753 Bank&EFT Information: Bank of America,N.A.222 Broadway New York,NY 10038 Account Type:Checking Account Number:334050378363 ACH Routing Number:061000052 SWIFT code(USD):BOFAUS3N PLEASE SEND PAYMENT INFORMATION TO BILLING@GRAYSHIFT.COM ®3+— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —— — — — — — — — — — — — — — -- — — — Y C ADVICE Customer Ctty of Boynton Beach Police Dept I C Invoice Number INVOrder#3243 To: Grayshift LLC Amount Due 18,000.00 931 Monroe Drive NE Due Date Oct B,2020 Suite A102-340 ATLANTA GEORGIA 30308 Amount Enclosed UNITED STATES Enter the amount you are paying above Office:833-472-9539 Fax:404-420-2797 DUNS number:081045174 CAGE Code:7ROW9 Page 2102 of 1299 e Fc Request for Taxpayer Give Form to the (Rev.October 2018) Identification Number and Certification requester.Do Department of the Treasury send to the IRS. internal Revenue Service ►Go to wwwJmgov1FarmWB for instructions and the latest information. 1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank Grayshift LLC 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to mfollowing seven boxes. certain entities,not individuals;see CL El on page 3):p IndMduaysole proprietor or C Corporation S Corporation Partnership ❑Trusuestate single member LLC Exempt payee code(it any) 0 +� ❑✓ Umlted liability company.Enter the lax classification(C=C corporation,S=S corporation,NPartnership)► C $ Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC If the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is code Of any) ae another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that . Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other(see Instructions)► 4loaaes b&CORN S nV8hW,edaudlda aha us,i U, 5 Address(number,street,and apt.or suite no.)See Instructions. Requester's name and address(optional) 931 Monroe Drive NE,Suite A102-340 e City,state,and 2IP code Atlanta,GA 30308 7 Ust account numbegs)here(optional) a Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social sewrity number backup withholding.en,s eprFor individuals,eghis is generally your social security number(SSNr.However,fora resident alien,sok;proprietor,or disregarded anti see the instructions for Part I,later.For other entities,It Is your employer identification number(EIN).If you do not have a number,see Now to get a TIN,later. or Note:If the account is in more than one name,see the Instructions for Ins 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. 8 1 - 3 8 0 6 7 5 3 •. eft jon Under penalties of perjury,I certify that 1.The number shown on this form Is my correct taxpayer identification number(or I am waiting for a number to be Issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form((f any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,Rem 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured pro arty canceilaticn of debt, MNbufions to an individual retirement arrangement PRA),and generally,payments other than interest and dividends,you are meq ' to the c i' i do "� fou must provide your correct TIN.Seethe instructions for Part II,later. Sign signature of11 ` Here U.S.person► /. Date• 6/30/2020 General Instructions •Form 1099-DIV(dividends,Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of Income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.1rs gov1FormW9. •Form 1099-5(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage Interest),1098-E(student loan Interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt (SSN),individual taxpayer Identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer Identification number"N),or employer Identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231 X Form W-9(Rev.10-2018) �q. Page 203 of 1299 GRAYSHIFT Grayshift, LLC 931 Monroe Dr NE Suite A102-340 Atlanta,GA 30308 August 3,2020 Limited Source Justification To Whom It May Concern: This letter is to provide notification that GrayKey isja proprietary product that is internally developed and manufactured only by Grayshift, LLC ("Grayshift,).There are no competitors in existence that offer the same or similar technology to GrayKey at the current price point offered today. Grayshift owns all distribution and marketing rights of GrayKey and designates how GrayKey may be marketed and sold. GrayKey Is available for sale as follows: • GrayKey is only available to government agencies that include law enforcement, public safety, and national defense agencies in select countries. • Grayshift sells GrayKey as a direct transaction between Grayshift and its end customers. • Grayshift has one licensed reseller of GrayKey which customers may use outside of a direct transaction with Grayshift. In all cases, Grayshift makes the final determination on any completed sale and delivers GrayKey directly to the end customer. • GrayKey may not be marketed or sold for any price different than what Grayshift offers directly. Please see httos://erayshift.com for current price information and automatic quote generation. If you desire additional information,please contact us at the email address or phone number below. Sincerely, rT David Miles CEO and Co-Founder Phone:833-472-9539 Email:sales@srayshift.com Page 204 of 1299 T 1� r Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity,service,or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used,or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition-A procurement decision whereby purchases are directed to one source because of standardization,warranty, or other factors,even though other competitive sources may be available. Requestor } Department j Boynton Beach Police Division IInvestigative Services Point of Contact CAPT Steve Burdelski Phone Number 561-742-6115 Vendor Company Name Grayshift LLC .Address 931 Monroe Drive NE, Suite A102-340 Atlanta , GA 30308 .._._ . - Phone Number 833-472-9539 Point of Contact and Title David Miles,CEO What other vendors were NA contacted? (List company name, contact, and phone number and explain why they were not suitable) Product or Service Product/Service Name GrayKey Manufacturer Grayshift LLC Make/Model# License Renewal . .... G Price ..._..�re _...w_ $18,000.00 Did you negotiate the terms or prices with the vendor?❑Yes ® No Why is this price considered to be fair and reasonable?YES 1 Page 205 of 1299 Purchasing Division Sole/Single Source Justification Form Will this purchase obligate the City to a particular vendor in the future?(Either in terms of maintenance, services,or re-purchase for compatibility reasons)❑Yes ❑ No mmmm mmmw This is a sole source because(choose any that apply): Sole provider of a licensed or patented good or service Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard.(new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function(please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the i City and is advantageous to the City.(Please provide information on current market prices,availability,etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific.An investigative cell brite program that gains access to locked/encrypted Apple products.GreyKey is the only product in existence of its kind(see attached sole source letter). Attach documentation to substantiate this sole source claim including but not limited to: vendor documentation product manuals,sole source'letters,and or stents copyrights. p My department's recommendation for a..sole source purchase is based upon an objective review of the productlservice required and appears to be in the best interest of the City. 1 know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Departmgpt Director .r Idlf l Zip Signature Date 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑ /do not recommend is being certified as a sole source. Required❑/not requir to ertised for a period of 7 business days before award. Signature Date 2 Page 206 of 1299 I I' P' CITY OF BOY NTON BEACH b REQUEST FOR PURCHASE OVER 7 09000 � !I k Date: 11/6/2020 Requesting Department: Police Contact Person: S. Stewart Explanation for Purchase: This purchase is for the annual GrayKey license renewal. GrayKey is a proprietary state-of-the-art forensic access tool utilized by the City of Boynton Beach Police Department to extract encrypted or inaccessible data from devices. It enables the Department to access data needed to help solve cases. t i Recommended vendor GrayShift, LLC j 'Dollar Amount of Purchase 18,000.00 I SourceThree Written Quotations GSA and attach backup materials): I GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item j Emergency Purchase Other ' Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. — Fund Source for Purchase: 001-2112-521-6414 i i I' Approvals: Department Head y d �✓ ss�. �'l. dr Date E+ 20 Purchasing Agent Date Asst City Manager Date I City Manager Date Form Revised 02/01/02 r , L Page 12 '9 I N N 1 , \ Ni 1 1 O O 1 , 1 o O O anCD Q 1 ' O +✓ N a 1 1 m 1 rI r0 � 1 ' 1 31 1 , 1 , H 1 , 1 , � I , fI i i 1 , I , I 1 , ^ 1 1 1 , E ' Qp 1 V E7pr�[oEll EI 1 0 0 1 r.l 1 E E- 03 k 1 O z U ; E' O o a OH H H I H ; a a {!��J++� o w Z >4 H ; W I w I� H aaEi O ix a 'i q W Q H ; 14 I H 1 pp 1 E W O' i E z ' co m Z CA O W I jV Z 1 Q I 1 V H a m wE. 1 A, Qfj Cft CA I , H I , 01 ' a ' WDo ca Q P H t 1rK 0O � Ha i m 1 ' aD yam mxo P. Na 1 1 W H O ' V t rt W 1 H H I ' /0 � 1 QI W 1 r7 a 1 H 1/1 I rnd0 1 a OZ W a 1 W b a4 0 2 I V 1 IN(I a z F. 2 N N p, yi pq O d] a V Ip U.� y p W 1 ' Q d, H WQ O U W E+ U w 01 I a+ 1 W a +'3 03 Ha j a a 'I 4 Page 208 of 1299 i � .mm CAFT g_ SteveSGT Dregs Murphy twomm dcr Inv ti ri . °cam FROG; , 9rar SVU REP`` GrayKey Lioe se Renewal DAM 09/08/2020 C I Purchase/Payment Request (If paid by credit card,please attach receipt to this document) Vendor: Grayshift LLC ; 1 1 � GrayKe�License Renewal Invoice#3243 _ � _ e... _ __. I $18000.00 3 n _ ._ r .. .mow,...__......,...,_ E A/C Approval: Account Number. _ z /2 Backup Docs Submitted: L_ i ❑ QuotesNerbal(over$500.00) ❑ Quotes/Written(over$2000.00) Purchase over$25,000 needs commission approval *PLEAS - VENDOR* i E E I ' i Page 209 of 1299 s GRAYS H I F INVOICE Invoice Date Grayshift LLC Sep 8,2020 931 Monroe Drive NE Invoice Number Suite A102-340 City of Boynton Beach Police Dept Attention:Charles Ramon INV Order#3243 ATLANTA GEORGIA30308 PO Box 310 Reference UNITED STATES BOYNTON BEACH FLORIDA 33425 Renewal request Office:833.472-9539 U5 Fax:404-420-2797 DUNS number:081045174 CAGE Code:7ROW9 1 i 0 Description Quantity Unit Price Anwunt USD a - GrayKey license Renewal-Online Fixed 1.00 18,000.00 18,000.00 Subtotal 18,000.00 TOTAL USD 18,0DO.D0 Due Date:Oct 8,2020 TIN:813805753 Bank&EFT Information: Bank of America,N.A.222 Broadway New York,NY 10038 Amount Type:Checking Account Number:334DS0378363 I ACH Routing Number.061000052 SWIFT code(USD):BOFAUS3N PLEASE SEND PAYMENT INFORMATION TO BILUNG@GRAYSHIFT.COM i s —X— — — — — — -- - — — — — — — — — — — —_ —— — PAY T VICE Customer City of Boynton Beach Police Dept Invoice Number INV Order#3243 To: Grayshift LLC Amount Due 1810D0-00 931 Monroe Drive NE Due Date Oct 8,2020 Suite A102-340 ATLANTA GEORGIA 30308 Amount Enclosed UNITED STATES Enter the amount you are paying above Office:833-472-9539 Fax:404-420-2797 DUNS number.,081045174 CAGE Code:7RDW9 Page 210 of 1299 9 ° Fa q Request for Taxpayer Give Form to the iRev.October 2W8) Identification Number and Certiflcatlon 1 req nester.Do not DepartmentoftheTieawry . Internal Revenue Service 10,Go to www.►a.gow1Foen M for instructions and the latest lnfSand to the IRS. i 1 i Name(as shown on your ineome tax rennin,Name Is raquked on ihh line;do not ksve this Iine blank. Grayshift LLC i•trees nemeJ .._. dsregeded w,uty nems.if different iroen above Cd - _ _ m,a Check aPPropriate box for federal tax classification of the person whose name is entered online 1.Check ony ons of the 4 Exemptions(codm apply orgy to i' following seven boxes. c~entitles,not individuals;see o ❑ IndivldueVsote proprietor or 11C Corporation El Corporatlan ❑ Panne►sNp ❑TnrsNesiate Instructions on page 3): single-momber LLC Exempt payee code(If sunt ❑� Umffed litablllty company.Enter the tax classification,(G=C cwPorall0n,S=S corporation,12--Partnership)► C Haft:Check the appropriets box In the one above for the tax dosoffiodon of the single-member owner Do not check Exwnption from FATCA reporting LLC if the LLC is dassifiod as a single-member LLC that is dwegarded iron the owner unless the owner of the LLC Is a u another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code Of arl) W disregarded from the owner should chock the appropriate box for the tax classification of Its owner. ❑ Other fees instructions)► P"as to•cru Po nuir"Wdowe*M,us► $Adttass mm -� _.._ ,.- �_.vin.., __..... (number,street,and apt or sulfa no.)See Instructlone. tiegtussfer's name and address 931 Monroe Drive NE,Suite A102-340 a CHy,shale,and ZJP code Atlanta,GA 30308 7 List aoeourrt numbers)here(opNonaq —— I TaltPayer Identftcttrtlon Number(TIN) _ Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid _tloelel,security number ....m. "' backup withholding,For Individuals,this is generally your social security number PS".However,for a resident alien,sole proprietor,or disregarded entity,see the Instructions for Part 1,later.For other entities,it Is your employer identification number(EIN).If you do not have a number,see How to get a w _ TIN,later. or j Note:If the account is In more than one name,see the Instructions for line 1.Also see What Name and EmpkW idvMcotion kaonber Number To Ghee the Requester for guidelines on Whose number to enter. 0 8 13_F 80 6 7 5 3 Certitication _ . Under penalties of perjury,I oertify that I.The member shown on this form is my correct taxpayer identification number(of I am waiting for a number to be Issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)l have not been notified by ft Internal Revenue Service ORS)that I am subject to backup withholding as a result of a faliure to report all Interest or dividends,or(x4 the IRS has notified me that I am no longer subject to backup withholding;and j 8.i am a U.S.citizen or other U.S.person(defined belomliq;and i 4.The FATCA code(s)entered on this form Of any)Indicating that I am exempt from FATCA reporting Is correct P Ceril9catkmn instrucillons.You must cross out Rom 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax retum.For real estate transactions,Item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured pro ,cancellation of debt, binlons to an Individual retirement arrangement ORA),end generally,payments other than Interest and dividends,you erereq to�, e o u must provide your correct 11N.See the Instructions for Part 11,later. Sign smnamro of �� Hone u s.person► �r /!r!• _ 6/30/202Q Date► I General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual hands) noted. ross Section referermces are to the Internal Revenue Code unless otherwise .Form 1099-MISO(various types of Income,prhm,awards,or gram Future developments..For the West information about developments .Form 1090-g(stock or mutual fund sakes and certain other related to Form W-9 and its instructlons,such as legislation enacted i s by brokers) attar they were published,go to xmmcirs gvv/FarmWg. o Fwm 1089-S(proceeds from real estate transactions) Purpose of Form •Form 1089-K(merchant card and third party network transactions) An Individual or entity(Form W-9 requester)who Is required to file an •Form 1098 Orome mortgage Intersall),1098-E(student it=Interest], Information return with the IRS must obtain your correct taxpayer 1098-T(tuitkxn) identification number(TIN)which may be your social security number a Form 1098-C(canceled debt) (SSN),individual taxpayer Identification number OTIM,adoption taxpayer iden •Form 1099-A props t'fiication number(AT1N) a employer Identification number (acquisltton or abandonment of secured (]N),to report on an information return the amount paid to you,or other Use Form W-9 only N you are a U.S.person(Including a resident amount reportable on an Information return,Examples of Information afien),to provide your correct TIN. ratums include,but are not limited to,the following. If you do not return Form W-9 to the requester with a 7IN,you mlot E •Form 1009-INT Onlerest earned or paid) be subject to backup wlthholcOng.See What is backup withholding. later. Cat.No.10231X Form W4111 (Aev.10.2018) I w Page 211 of 129 a i • 1 E GRAYSHIFT i rs Grayshift,LLC m 931 Monroe Dr NE Suite A102-340 Atlanta,GA 30308 a s i August 3,2020 i Limited Source Justification 1 To Whom It May Concem: This letter Is to provide notification that GrayKey is a proprietary product that Is Internally developed ! and manufactured only by Grayshift,LLC("Grayshift").There are no competitors in existence that offer the same or similar technology to GrayKey at the current price point offered today. Grayshift owns all distribution and marketing rights of GrayKey and designates how GrayKey may be marketed and sold. GrayKey is available for sale as follows: • GrayKey is only available to government agencies that include law enforcement, public safety,and national defense agencies in select countries. • Grayshift sells GrayKey as a direct transaction between Grayshift and Its end customers. • Grayshift has one licensed reseller of GrayKey which customers may use outside of a direct transaction with Grayshift. In all cases, Grayshift makes the final determination on any completed sale and delivers GrayKey directly to the end customer. ® GrayKey may not be marketed or sold for any price different than what Grayshift offers directly. Please see httosWarayshift.com for current price information and automatic quote generation. If you desire additional information,please contact us at the email address or phone number below. Sincerely, David Miles CEO and Co-Founder Phone:833-472-9539 Email:sales@arayshilt.com I Page 212 of 1299 I f i Purchasing Division Sole/Single Source Justification Form This form shag be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity,service,or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used,or, c. The procurement Is needed to ensure consistency in results as related to other products or If standardization of parts or supplies as required to avoid unreasonable cost or inefficiency i Single Source Definition-A procurement decision whereby purchases are directed to one source because of standardization,warranty,or other factors,even though other competitive sources may be available. Requestorf Department Boynton Beach Police Division InvestigativeServices Point of Contact I CAPT Steve Burdelski � ...._._._ _._. ....�, .— ...... . I Phone Number 561-742-6115 Vendor I' Company Name i Grayshift LLC I t Address 931 Monroe Drive NE,Suite A102-340 Atlanta,GA 30308 Phone Number 833-472-9539 Point of Contact and Title David Mlles,CEO _ What other vendors were NA contacted? (List company a name, contact, and phone number and explain why r they were not suitable) Product Or Service I Product/Service Name I GrayKey r Manufacturer Grayshift LLC Manufacturer # License Renewal Price $18,000.00 Did you negotiate the terms or prices with the vendor?❑Yes ®No Why is this pri..��. _ ' b. ce considered to be falr and reasonable?YES . 1 Page 213 of 12P9 r i i 1 AX >1� t l Purchasing Division sSource Justification Form Will this purchase obliethe Ci ty o a particular vendor!n the future?(Either in terms of maintenance, services,or re-purchase for compatibility masons)❑Yes ❑No 1 . s ` This is a sole source becauae(choose any thatapply)• ` �Sole provider of a licensed or patented good or service Single Source provider of items compatible with services. existing equipment, inventory, systems, programs, or I ❑Single Source provider of goods and services for which the city has established a standard.(new standards require the competitive solicitation process) ❑Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function(please detail below or reference an attachment). , ❑ The vendor/distributor is the owner of used equipment that would represent a besVvalue purchase for the !� City and is advantageous to the City.(Please provide information on current market prices,availability,etc) I What necessary features does this vendor provide which are not available from other vendors?Please be specific.An investigative cell brite program that gains access to locked/encrypted Apple products.GrayKey is the only product in existence of its kind(see attached sole source letter). Attach documentation to substantiate this sole source claim Including but not limited to. vendor j quotes,product manuals,sole source letters,and patents or copyrights. I IN 01 tUly department's recommendation for a.sole source purchase is based upon an objective review of the productJservice required and appears to be in the best interest of the City. I know of no conflict of interest on my I 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, j materials,or firms been a deciding Influence on my request to sole source this purchase when there are other known suppliers that exist i 1. Deparr+tm t Director jSignature Date ? 2. Purchasing Manager/Finance Director ? Based on the information provided in Sections A and B and the attached supporting documents. I recommend ❑/do not recommend❑this being certified as a sole source. Required❑/not required ❑to be advertised for a period of 7 business days before award. Signature � - Date 2 Page 214 of 1299 PURCHASE ORDER BEACH,CITY OF BOYNTON FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210290 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/13/20 VENDOR 9097 SHIP TO: TO: GLOBALTECH INC. City of Boynton Beach 6001 BROKEN SOUND PKWY EAST UTILITY ADMIN STE 610 124 E. WOOLBRIGHT ROAD BOCA RATON, FL 33487 BOYNTON BEACH, FL 33435 REQUISITION NO. 77169 ORDERING DEPARTMENT: UTIL ADMIN TP DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: �w EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 31500 . 00 DL SCOPE OF WORK: 1 . 0000 31500 . 00 TASK 1 - PROJECT KICKOFF MEETING Project Coordination Project Kick-Off Meeting Data Collection Site Visits Task 2 HYDRAULIC EVALUATION Project Coordination: Develop 'conceptual layout of -each chapgge , Develop hydraulic models 'Analyze proposed modifications Task 3 - FOUR-LOG VIRUS TREATMENT EVALUATION Project Coordination Develop four-l.og virus treatment calculations Identify improvements for four-log virus treatment Meet with .DOH and review potential .Improvements Task ,4 - ORDER OF MAGNITUDE CAPITAL COST ESTIMATE Proj_ect. Coordination Prepare Order of Magnitude Cost Estimates Ta:sk '5 - PREPARE SUMMARY REPORT OF EVALUATION Project Coordination Prepare. Draft Summary; Report. Revaew meeting for Draft. Report Prepare Final Summary, Report REMARKS : PROFESSIONAL SERVICES TO PROVIDE THE EAST WATER r W._.... .. r PROCUREMENT SERVICES: 5 0 0 . 0 0 „� P.O. TOTAL: 31 _ ACCOUNT NO. PROJECT 401-2811-536.31-90 c . ..� w� PURCHASING Page 215 of 12 9 PURCHASE ORDER IFLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210290 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/13/20 VENDOR 9097 SHIP TO: TO: GLOBALTECH INC. City of Boynton Beach 6001 BROKEN SOUND PKWY EAST UTILITY ADMIN STE 610 124 E. WOOLBRIGHT ROAD BOCA RATON, FL 33487 BOYNTON BEACH, FL 33435 REQUISITION NO. 77169 � ORD � - � -� � ERING DEPARTMENT: UTIL ADMIN TP ' CONTRACT NO. t� DATE NEEDED i COMMISSION APPROVED —.-.. _ ..M.M EXTENDED LINE# .QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST TREATMENT PLANT DISINFECTION MODIFICATION EVALUATION FOR LOG INACTIVATION AND VIRUSES . SERVICES INCLUDE. THE' STUDY OF (2) ALTERNATIVE MODIFICATIONS TO THE 8WTP- ALTERNATIVE 1 - RELOCATION OF DISINFECTION CHEMICALS INJECTION POINTS (SODIUM HYPOCHLORITE AND AMMONIA) FROM PRE-LIME SOFTENING TO' POST LIME SOFTENING. ALTERNATIVE 2 - INSTALLATION OF A NEW PIPELINE FROM THE CLEARWELL TO THE GROUND STORAGE TANKS (:GSTS) WITH THE ADDITION OF DISINFECTION CHEMICAL INJECTION IN THE LINE. _�.._......._.... PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 401-2811-536.31-90 i Page 216 of 1299 PURCHASIN[; Z ®' O o pp N N V A N W� W O O I wA F O O O O ( W W E I O O o "}f V` tir Ln I I !•] M z i ZEE ito toto ro I (n I U H O 5 z rz W i o o o oU z En 0 I o 0 oW Ea-I Z k U o o z o w In O H H H U m M M Ul W U D, z O H W E F I o i z ko Ile W H En u d0 I O I ol ti Q E- H U o > ~ E I E r>+ o a w H I RC U o RC c7 E I M 3 O H H O F r m a w �e Ol H I F z4 z � 'w7 I Q w I w Fj W O C4 H >e l O ai I O H z z F I o z w F HU H I H U H to W a F I o U1 F O pt a m w DG i M I E F w W Oa > z N w w C w en U] F I W E I O H r� O VJ I E N I x D 0 O W I aJ I U z U H m 0 U I m Itl C H z I O a: w; < u z C w w E O U rfl H D F w D0 O N E m H I y E W w W U1 H -.iiJ w w E RC W Ri H N e6 O O F � I U W H w b, D C N m rJ a 'H a D V Ca a o (d > 5 a (d Id RPS o'HE U E 3 a z W ;c .c > r-I >-H -H w I W o a U W a 1Jm H 4J 0 Ji F U O b E w O a frll rt H H rd W q~a~ J M iJ F iJ rA i 2 N w F W m E v i+ C N o: N W I O O 0 IL Q W z C F E C 0 O O 0u H IC J. 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O .I v M O O C to W O O•' O O P W O P d U>G� UVUO UQ EwHm e-mO E I m O H w O w+J O L Cl CL w p, sl dl w O dQ m O N U E O H 11 UUUryU00 U O w U Sm U N 3 3 O O u H H a R4 yisa N r-I H N,-I w y Id O O 0 B�U I U O z rd UCO U I W W-n-n Id M.m N N H .W W. m C+J S4. Re X-n LL-'+ Pe I RC w O C H O m l O W O O V N O 5 ,� Id W O '> O O U O v W O N 5 d)O I'O H O D F W I URC $4 to O Id b4 dl Ol rd S4 U b N Id I-I P Id pS4 N 3-e U y E •.+ O Q I rh NQe0 H N Q Q EwQH� Fal W Faew(dw y>= H m w a w n W H ru 5 z a I H i z H D w V1 H rp I I H co O az a a a Page 217 of 1299 0 0 N N N � O O \ \ O O I I I W W I H E I Q O Y+ i P7 oG I N a w a w •• U H I `✓. RS W H en V H z z O O H U V1 I � I W U W z Q H I I U H W W r C) E- 00;O C7 O E- (24 r Pq W o z W U o z 9 o H z x F H U H V)W pS rn d F qOq i a U d z W ao oG a a 0 ca W W U) E x wo w aU H en ch D E w r a ma w ro U v C a • > O E 04 4 G 5 a) I to W L SJ H Id 4(V v U W v J U C m C N to O C tJ H-n C-'It v C -.1 kl v C Id-.i FL 137 O H ro ✓' H j V v � 14 1J I U rd-H V) O L U O U a Q I .1 b aJ H E W r JJ (1) E d -H 0 u rd m 0 N C >+ 10 " 54-.ib-.a z E 00a) 5R4 0)w0 A H H x0wu0C 507-.a a 1 O H,r Id-H O b F I Olid ?.d U (U 0MW b -H p b C J.J aJ-H O J -H 7 W O-H N w v a E U aJ tJ H-H 64 O ro,C C H W a) U m a JJ O a H dJ 0 5 W I C G a)W aUi.r. O Id O ami m I U) -H-rl.4 a)w U 4)J-1 1)-H 4i I H m a).0 C O N 10-.-I W m O I A O O 1)-N b)CH reg If ? C-rl H fa d a) v z E I g aJ IO JJ b C 3 v,d Od 1 0 C<. y E N.0 aJ H U I U Id H N W :jJ'N Id JJ '.. E O H U C O-,w v C H a z m C O T9 O W I O C•.+, CO to5Uu rD E E. C•a m Id•�+�- v JJ v 3 0 O H v Vv U aJ E Id J: -,i W W v) E Id U.. Id 'a•a C L,-..0 PS H H J.J 7•'I W U J-I H kf N U x r5 Id.i >•,w0C I NEE+ v v) a v 113S4'O. •.a v L O u)-n Ck E W M 5 to W Cod W- M Page 218 of 1299 } 31u , k CITY OF BOYNTON l REQUEST FOR PURCHASE OVER $1%000 Date: 2-Oct-20 Requesting Department: Utilities Contact Person: Juan Guevarez, Manager WE Explanation for Purchase: Globaltech, Inc. will provide the City with services for the East Water Treatment Plant which includes the study for(2)alternative modifications evaluations and 4-Log inactivation and viruses. Alternative 1 - relocate disinfection chemicals injection points. Alternative 2 - insattl new pipeline from clearwater to the groundwater storage tanks with additonal of disenfection chemical injection in the line. Recommended Vendor Globaltech,Inc. 9097 Dollar Amount of Purchase $31,500.00 Source for Purchase (check and attach backup materials): Three Written Quotations Q GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase ® Other FX 1 Contract Number: NOTE: Pricing proposal for purchase must be presented in the some detail contained within the contract. Fund Source for Purchase: Account No. 401-2811-536.31-90 Approvals;,," 14-1 h 2f� Departmt ea ,r Date Purchasing Agent Date lj Asst City Manager Date City Manager Date p Form Revised 02/01/02 Page 219 of 1299 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 10/2/2020 _ a _ H.T.E.REQUISITION# � 77169 Contract Coordinator T. 1 . . A Director:Joseph Paterniti �,�"� , City Manager(non budged r c ital and/or$5000+): REASON FOR PURCHASE: Globaltech Inc.This task order is for the East Water Treatment Plant Disinfection Modification Evaluation-4 Log inactivation and viruses The services inchuies the study of(2)alternative modifications to the EWTP-Alternative 1-relocation of disinfection chemicals injection points(Sodium hypochlorite and ammonia)from pre-lime softening to post lime softening.Alternative 2-installation of a new pipeline from the clearwell to the ground storage tanks(GSTs)with the addition of disinfection chemical injection in the line. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: _ Name: Globaltech, Inc. Admin _ ( ) Date: 10/2/2020 � ASAP - ( ) T Address:6001 Broken Sound Parkway NW Engineering ( ) Date Needed: Confirm. ( } Suite 610 Cust. Rel. C)", ASAP/Conf.WN.,IN-1111 ( ) Boca Raton, FL 33487 Distribution ( ) BACKUP DOCS. DELIVERY: _ SUBMITTED: Phone(contact): Water Qual ( ) Quotes/Verbal ( ) E.Admin. 40 4 (X) Rick Olson,PE (over$500) Email:rolsons,`' lobaltech .com ...uu.__ .. ...._. --- .... Phone: 561-997-6433 Pumping ( ) Quotes/Written ( ) E.WT 41 (...... ) Fax:561-997-5811 (over $2000) _.-. m_....... _ ...... Vendor Number 9097 PWTreat. (K) RFQ ( ) W.WTPW� 42 ( ) ......._.—__ w........., .. _.M...w.. _ �_. .. _ _. ._..... 'Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR:Juan Guevarez,Manager, Sewage ( ) Insurance ( ) Special Instructions: Water Quality&Treatme 3" Re uirements: w _ . .. ..... APPROVED: Consultants Strmwtr. ( ) Proposal Project Number. -� " Quan. Unit = Description&Part Number Fund Dept Basic Elem Obj Amount Scope of Work: .. _ Task 1—Project Kick-Off Meeting Task 2—Hydraulic Evaluation $4,030.00 Task 3—Four-dog Virus Treatment E aiion $6,810.00 1 LS Task 4—Order of Magnitude Capital Cost Estimate $8,310.00 Task 5—Prepare Summary Report of Evaluation $4,210.00 Deliverables $7,940.00 Total 401 2811 536 31 90 $31,500.00 Page 220 of 1299 PROPOSAL TO CITY OF BOYNTON BEACH FOR EAST WATER TREATMENT PLANT DISINFECTION MODIFICATION EVALUATION SCOPE OF SERVICES The CITY operates an anion-exchange lime-softening filtration water treatment plant(referred to as the East WTP) located in eastern Boynton Beach, to treat groundwater to produce potable water. Staff has identified the two possible modifications listed below that could potentially improve water treatment as well as aid in meeting the four-log virus requirement of the Ground Water Rule(GWR). • Alternative 1 - Relocation of the disinfection chemicals injection points (sodium -hypochlorite and ammonia)from pre-lime softening to post-lime softening. • Alternative 2-Installation of a new pipeline from the clearwell to the ground storage tanks (GSTs)with the addition of disinfection chemical injection in that line. The GWR requires all water systems that use ground water as a supply source, to provide increased protection against microbial pathogens. The GWR has four basic. requirements: sanitary surveys, ground water source microbial monitoring, treatment technique requirements, and public notifications.Sanitary surveys are primarily the responsibility of the Florida Department of Environmental Protection (FDEP) or the Palm Beach County Department of Health (DOH), while each ground water system user is responsible for the other three requirements. The East WTP is currently compliant with the GWR utilizing ground water source microbial monitoring. However, the City desires to provide and demonstrate four-log virus treatment in lieu of ground water source microbial monitoring as a future alternative. Having an approved four-log virus treatment system ensures public safety and reduces public notification if there is positive sample for coliform from ground water monitoring. Because the City has two plants serving its distribution system, to have full compliance with the four-log virus treatment requirements, both plants would need to be approved for four-log virus treatment. The West WTP is currently using a treatment technique and monitoring system that could be four-log virus treatment compliant but needs the East WTP to have similar systems installed. This evaluation will look at the feasibility, hydraulic implications, and the four-log virus requirements needed for each alternative. It will conceptualize the components and provide an order of magnitude cost capital estimate for each considered alternative. Alternative 1 has been tested briefly under mid- to low-flow conditions and has shown to help provide better softening, resulting in less particulate carryover in the lime softener. To install permanently,the hydraulics at higher flow rates need to be evaluated, which will likely result in the need to modify the recarbonation basin and/or piping located between the softeners and filters. Considerations to provide four-log virus treatment will also be identified to meet the City's desire for future compliance. Alternative 2 provides for another course of action to potentially provide four-log virus treatment in the proposed pipeline. 1 Page 221 of 1299 The Scope of Work will consist of the following tasks: Task 1: Project Kick-Off Meeting 1. Provide general project management/administration for the duration of the project. 2 Attend project Kick-off meeting with Globaltech, City and Plant Personnel. Establish roles and points of contact,discuss objectives of the study and schedule, request electronic files of latest plant drawings and process flow diagrams. a Conduct site visit to review desired plant modifications and potential areas of concern_ Task 2: Hydraulic Evaluation 1. Prepare conceptual layout for each change. 2 Review existing drawings to develop a spreadsheet hydraulic model to evaluate plant flow from the softeners to filters through modified recarbohation basin or piping. Existing elevations from record drawings or previous surveyors will be utilized. Utilize the spreadsheet hydraulic model to analyze modifications to the piping or structures to incorporate staff desire to relocate disinfection chemicals to a post softening location. 3 Review existing drawings to develop a spreadsheet hydraulic model to size a proposed pipeline from the clearwell'to the ground storage tanks. Task 3: Four-Loc Virus Treatment Evaluation 1. Evaluate proposed disinfection modfcations for compliance with the GWR four-log virus treatment requirement based on staff selected compliance location and equipment for each potential change. 2. Identify additional improvements that may also be needed to comply with the GWR four-log virus treatment with the proposed disinfection modifications of each change. 3. Meet with DOH to discuss compliance requirements for the selected alternative. Task 4: Order_of_Manitude Capital Cost Estimate 1. Prepare order-of-magnitude capital cost estimates for the potential changes. Estimates will be based on conceptual layouts and DOH feedback. Task 5: Prepare Summary Report of Evaluation 1. Prepare Draft Report Summary of the hydraulic and four-log evaluation of the disinfection chemical changes. The report shall also discuss potential water quality issues but will not quantify the impacts. 2. Meet with staff to discuss report findings and receive comments. 3. Prepare Final Draft Report Summary incorporating staff comments. Services Not Included in Scope of Services z Page 222 of 1299 • Changes in disinfection may also change disinfection byproduct formation. To evaluate potential changes in disinfection byproduct formation, bench scale, pilot scale or full-scale testing would be needed which is outside the scope of this evaluation. • Changes in disinfection may also change water quality that could affect corrosion control. This evaluation does not evaluate potential corrosion control treatment methods. • Additional services not otherwise provided for in this Scope of Services. PROJECT PERSONNEL The CONSULTANT proposes Troy Lyn, P.E., to serve as the project manager and technical reviewer of this project. DELIVERABLES CONSULTANT will prepare the following deliverables as part of this Proposal: • Draft—Summary Report • Final—Summary Report ASSUMPTIONS 1. The City will furnish all available as-built drawings of plant facilities in AutoCAD(if available)and in PDF fashion. 2. All time durations presented are in calendar days. 3. Proposal does not include design or permitting services to address any findings or recommendations made in the evaluation. COMPENSATION Compensation for this Proposal will be on a time and materials basis for a fee not to exceed $31,500. Attachment-A provides the compensation summary for the project. ATTACHMENT—A Compensation Summary 3 Page 223 of 1299 AUTHORIZATION Submitted by Globaltech, Inc. By: Troy L. Lyn, PE Title: Executive Vice President Date: 4 Page 224 of 1299 ATTACHMENT - Compensation Summary Page 225 of 1299 Attachment A EAST WATER PLANT DISINFECTION MODIFICATION EVALLITATION Project Senior Process Total Manager Electrical Engineer CADD Clerical Labor Contractual Labor Rates$/Hr. I$210' $185 $130 $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 modiflcations 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 226 of 1299 PURCHASE ORDER BEACH,CITY OF BOYNTON FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210316 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/15/20 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: .�. DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: + EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA PRODUCTION SUPPORT COVERAGE 1496. 0000 1496. 00 VMWARE vCenter Server 6 Standard for vSphere 6 (Per Instance) VENDOR ITEM NO. - VCS6-STD-P-SSS-C 2 1. 00 EA PRODUCTION SUPPORT COVERAGE 1496 . 0000 1496 . 00 VMWARE vCenter. Server :6 Standard for vSphere 6 (Per Irstarice) VENDORITEM NO. - VCS6-STD-P-SSS-C 3 2 . 00 EA PRODUCTION SUPPORT COVERAGE 863 . 0000 1726 . 00 VMWARE vSphere 6 Enterprise ,Plus for 1 processor VENDOR ITEM NO. - VS6EPL-P-SSS-C 4 4 . 00 EA PRODUCTION SUPPORT COVERAGE 863 . 0000 3452 . 00 VMWARE vSphere 6 Enterprise Plus for 1 processor VENDOR ITEM NO. V'S6-EPL-P-SSS-C 5 2 . 00 EA PRODUCTION SUPPORT COVERAGE 863 . 0000 1726. 00 VMWARE vSphere 6 Enterprise Plus for 1 processor VENDOR ITEM NO. - VS6-EPL-P-SSS-C 6 4 . 00 EA PRODUCTION SUPPORT COVERAGE 863 . 0000 3452 . 00 VMWARE vSphere 6 .Enterprise Plus for ,1 processor VENDOR ITEM NO.. - VS6-EPL-P-SSS-C 7 1 . 00 EA PRODUCTION SUPPORT COVERAGE 1110 . 0000 1110 . 00 U.S. Federal VMware vSphere 6 Essentials Plus Kit for 3 hosts (Max 2 processorsper PROCUREMENT SERVICES: C � - P.O. TOTAL: s ACCOUNT NO. PROJECT SEE BELOW t Page 29 P11RrHAGINf; FUKUHA61t UKULK CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. 4: 210316 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/15/20 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: I CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST host) VENDOR ITEM NO. - VS6-ESP-KIT-P-S.SS-C VMWARE SUPPORT & SUBSCRIPTION ANNUAL RENEWAL ,QUOTE DATE: 10/12/20 TERMS 11/l/20 - 10/31/21 ITS WILL SEND TO VENDOR ------------- PROCUREMENT SERVICES- P.O. TOTAL. 14458m00 .... ................ ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 228 of 1299 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210316 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/15/20 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. RDERING DEPARTMENT: + DATE NEEDED: COMMISSION APPROVED ' EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ----------------------------------.- _ _. _ ,., REQ/ACCT DATE. REQ. BY PROJECT AMOUNT ------------------------------ ------------------ -------------------------------------9510 . 00 0000077216 10/12/20 ITS 00115105134691 0000077216 10/12/20 ITS' 4948 . 00 40128215364691 PROCUREMENT SERVICES ( P.O. TOTAL: ACCOUNT NO. 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H u H (4 m D4 Ez V) W q ly b F r4 z p l F. E W w 5 al z z pi Q q 1 Q H w w m m E r O H "mJ O W U z U F m 0 O 5 H w 5 u 5 5 5> p 5 N a ma U) ¢ a aa a a a x H m w m Ra m w m w m w m w m w m "Vz V V UU U U H I UryUzrS ZUz rV� zUz ryU U M Id r r4 m W�CWdW W W a 3' z E Z E Z F Z p Z FI Z E.Z F Q7 71 1 w z W z W z w'z W z w z w z q O I I H 2 Fi Z Fi E- Pz F-I Z F-i Z W Z F-1 ) q I 1 H Fd H H H H Q) w ya Cw e4 Ra tP P44 q 4 H P E. P H 1J d E+r d E Q F r y F 9 E+d E+d F ' W W W W W W M W W w LL Vrl0 W w O I W Ok10 WO R70 170 wO R70 Cl +j fk m Ra m Ra m Lia m Ra m a m rx m ,A N b Vic q 04!N N Q) H N W VIM H H H H H N N 74 .\ E E I I 01 dl tlY D1 Ol 01 01 U N H r H H 1p � lD lU t0 � lO W i H M H ,Z \.i �.71 0 $ [4 O Z r m W W H o o N W A I m H O r H H H o o E 's 0 o a H H 'ems. E H I H N N H N H H O r< F I In m m W m In In O +-) U N H H U 4L I 0 H N N H N H H U 71.0\ F O H V H H H H H H H O� H H r.l 14 U O O o O O o O z 114"o ri mu 4 O o O 0 04 Q)\ H O m W a m W F W H W W Hy-.. ul H P: r r r~H N M W to LD ['� O IC'i 0 E"Ti m a z a w I� l-I Qo Page 231 of 1299 a° Quotation Champion Quote is valid for thirty days SOWTIMONOSP October 12,2020 City of Boynton Beach Attn: Charles Stevens VA 4 � Disc._Unit � t I Part Description Price Ext.Price? Y VCS6-STD-P-SSS-C Production Support Coverage VMware vCenter Server 6 1 (Standard for vSphere 6(Per Instance) $1,496.00 $1,496.00 Production Support Coverage VMware vCenter Server 6 LA 1 VCS6-STD-P-SSS-C $1,496.00 $1,496.00 Standard for vSphere 6(Per Instance) ( Production Support Coverage VMware vSphere 6 Enterprise 2 VS6-EPL-P-SSS-C plus for 1 processor $863.00 $1,726.00 Cj Production Support Coverage VMware vSphere 6 Enterprise 4 ;VS6-EPL-P-SSS-C $863.00 $3,452.00' Plus for 1 processor Production Support Coverage VMware vSphere 6 Enterprise 2 1VS6-EPL-P-SSS-C $863.00 i $1,726.001 Plus for 1 processor G 4 VS6-EPL-P-SSS-C Production Support Coverage VMware vSphere 6 Enterprise I $863.00 $3,452.00 Plus for 1 processor Production Support Coverage U.S. Federal VMware G 1 CS6-ESP-KIT-P-SSS- (vSphere 6 Essentials Plus Kit for 3 hosts2 processors p (Max( p $1,110.00 $1,110.00 I per host) ry _. TOTAL. S14,458.0(p "Important Notification"VMware Price Change Effective March 4,2019 Champion Solutions Group has prepared this quote for you exclusively and it is considered to be confidential information.This document may not be disclosed in any manner to anyone other than the employees or representatives of the addressed firm who are directly responsible for evaluation of its contents. Sales Agreement This agreement is made by and between Champion Solutions Group(Seller)a Delaware corporation having its principal offices at: 791 Park of Commerce Blvd.,Boca Raton,FL 33487 and the Undersigned(Customer). 1.EQUIPMENT.Seller hereby agrees to sell and purchaser agrees to purchase from seller the above described data processing equipment,services and software. 2.TITLE.Title,is between the seller and purchaser,shall remain with seller until the purchaser has paid the purchase price and all other incidental charges to this sale. 3.Purchaser shall execute and/or seller may file UCC Financing statements as the seller shall determine are needed to protect interests. Balance due upon invoice(Net 30).Shipping to be paid by customer.Software cannot be returned once it has been ordered. Customer Signature: Title: Date: Prepared By., Candice Chimenti Champion Solutions Group 791 Park of Commerce Blvd.,#200,Boca Raton,FL 33487 Tel.800-771-7000 Ext. 1221 EM:cchimenti@championsg.com Barry Kresfelder,Client Manager, 1-800-771-7000 Ext.486 Page 232 of 1299 GOVERNMENT- PRICE QUOTATION TEC"NO1011 CORP vmware, caransoft ® 11493 SUNSET HILLS ROAD I SUITE 100 1 RESTON,VIRGINIA 20190 PHONE(703)871-8585 1 FAX(703)871-8505 1 TOLL FREE(888)6VMWARE WWW.CARAHSOFT.COM VMWARE@CARAHSOFT.COM TO: Charles Stevens FROM: LaCrisha Eide ITS Networks Manager Carahsoft Technology Corp. City of Boynton Beach VMware Government Team 100 E.Boynton Beach Blvd 11493 Sunset Hills Road Boynton Beach,FL 33435 USA Suite 100 Reston,Virginia 20190 EMAIL: stevensc@bbfl.us EMAIL: LaCrisha.Eide@carahsoftcom PHONE: (561)742-6079 PHONE: (571)662-4611 FAX: (703)871-8505 TERMS: GSA Schedule No:GS-35F-0119Y QUOTE NO: 17304567 Term:December 20,2011-December 19,2021 QUOTE DATE: 10/06/2020 FTIN:52-2189693 QUOTE EXPIRES: 10/31/2020 Shipping Point:FOB Destination RFQ NO: Credit Cards:VISA/MasterCard/AMEX SHIPPING: ESD Remit To:Same as Above Payment Terms:Net 30(On Approved Credit) TOTAL PRICE: $14,581.04 Cage Code:1 P3C5 DUNS No:088365767 Business Size:Other than Small Sales Tax May Apply TOTAL QUOTE: $14,581.04 LINE NO. PART NO. DESCRIPTION LIST PRICE QUOTE PRICE QTY EXTENDED PRICE 1 VS6ESPKITPSSSC2 Production Support/Subscription VMware vSphere 6 $1,156.00 $1,121.32 COOP 1 $1,121.32 Essentials Plus Kit for 1 year VMware Inc.-VS6-ESP-KIT-P-SSS-C Start Date:11/01/2020 End Date:10/31/2021 2 VS7-EPL-P-SSS- Production Supporl/Subscription for VMware $899.00 $872.03 COOP 12 $10,464.36 C-2 vSphere 7 Enterprise Plus for 1 processor for 1 year VMware Inc.-VS7-EPL-P-SSS-C 9 Start Date:11/01/2020 End Date:10/31/2021 3 VCS7-STD-P- Production Support/Subscription VMware vCenter $1,544.00 $1,497.68 COOP 2 $2,995.36 SSS-C-2 Server 7 Standard for vSphere 7(Per Instance)for 1 year VMware Inc.-VCS7-STD-P-SSS-C 16 Start Date:11/0 1/2020 End Date:10/31/2021 SUBTOTAL: $14,581.04 TOTAL PRICE: $14,581.04 TOTAL QUOTE: $14,581.04 On behalf of Champion Solutions Group Utilizing Carahsoft's GSA Contract -- CONFIDENTIAL QUOTE DATE: 10/06/2020 PAGE 1 of 1 QUOTE O: Pa.W4203 of 1299 Quote Number: 30409223-R:1C:30JUN20 23:18:32 Account Number: 116681951 Account Name: CITY OF BOYNTON BEACH FLORIDA Address : 3301 Quantum Blvd Boynton Beach PALM BEACH FL FL 33426-8668 United States Super User Name : JOHN, MCNALLY Super User Email : MCNALLYJ@BBFL.US Procurement Contact: James,Wilson Procurement Contact Email : wilsonj@bbfl.us Dear VMware Customer, This notice and quote is a courtesy reminder that your Support&Subscription (SnS) is set to expire soon or recently expired on 31-OCT-2020. Don't miss out on receiving the latest updates/upgrades and the security of being able to contact VMware's Global Support Services Organization. If you are not the appropriate person within your company to manage this renewal, please send an email to let me know with whom I should be working. Please review the below product detail to ensure accuracy. Please pass this quotation onto your preferred reseller or a local VMware VIP Reseller to assist you in purchasing this renewal. If you would like to co-term a number of licenses/contracts to one specific end date making future renewals an annual event please contact your VMware Support Sales Representative listed below. We ask that you consider a three year service extension for which we give the following discount: 3YR- 12%. If you choose to not renew your contract upon expiration, you will not be able to receive updates/upgrades or open a Support Request. If at a later time you decide to reinstate your SnS, the term will start the day after your previous contract expiration date and a 20% reinstatement fee will be applied on past due SnS and 1 year forward SnS. If you have already initiated payment of the below product(s) or are currently working with your local VIP partner, then please disregard this notice. We would like to take this opportunity to thank you for your continued business with VMware. If you require further information or assistance, please do not hesitate to send an email or call us. Sincerely, Joel Kidder VMware Support Sales Manager P: E:jkidder@vmware.com Note: This quotation is provided pursuant to the terms and conditions of the license agreement that you executed when you acquired your licenses. VMware,Inc.3401 Hillview Ave,Palo Alto,CA,93404. Tel:1-877-486-9273 or 650-427-5000,Fax:650-427-5001 Copyright©2012 VMware,Inc.All rights reserved.VMware is a registered trademark of VMware,Inc. 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O N (D O< a 0 C CLO (O 7 N .m. c CD N N Z < O <(D .O•.O N 00 a (p f/J O CL N L m C m O ro O f0 O Rcr (D N N m ?X f11 ® J �► ir' L d m (cn 3 cmc, Nac] S 97 PDD 7 i� V( CP y c ° p'v0 R o o W F� 3m = :3 CD ooW ero A Page 237 of 1299 b Y YICITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10�000 Date: 11/6/2020 Requesting Department: I.T.S. Contact Person: Marty Stevens Explanation for Purchase: VMware Support & Subscription Annual Renewal. The VMware software allows computer servers to run "virtually" as applications within the memoryand processor space of larger, shared server hardware. The City and Utilities IT divisions rely heavily on the VMware software given that it runs almost all of our file-, print-, and application-servers, which provide information on a 24 hour by 7 day basis to internal staff, as well as external customers through our internet connections. Recommended Vendor Champion Solutions Group Dollar Amount of Purchase 14,458 Source for Purchase (check and attach backup materials): Three Written Quotations X� GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained vAthin the contract. Fund Source for Purchase: 001-1510-513.46-91 ITS - $9,510.00 401-2821-536.46-91 Utilities - $4,948.00 Approvals: Department Head Date /1 !� Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 238 of 1299 1 PURCHASE ORDER CITY OFBOYNTONBEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210348 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/20/20 VENDOR 16567 SHIP TO: TO: MOTOROLA SOLUTIONS CREDIT CO. City of Boynton Beach 500 WEST MONROE ST FIRE STATION NO. 5 44TH FLOOR 2080 HIGH RIDGE ROAD CHICAGO, IL 60661 BOYNTON BEACH, FL 33426 REQUISITION N0. 77192 ORDERING DEPARTMENT: OUIDA/ FIRE ° € . CONTRACT NO.DATE NEEDED: COMMISSION APPROVED: 4 ..J ...,._.,..._.:,m... _. ._.6................... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 55 . 00 EA AUDIO ACCESSORY- REMOTE SPEAKER 449 . 6800 24732.40 MICROPHONE AUDIO ACCESSORY-AUDIO ADAPTER, APX XE500 REMOTE SPEAKER MIC, HIGH IMPACT GREEN VENDOR, ITEM N.G. PMMN410'6D REMARKS: This quote is in accordance with State of Florida (SOF) Commodities Contract 43190000-18-NASPO-ACS-1 Valid thru 7/31/21 . .. PROCUREMENT SERVICES: �- P.O. TOTAL 24732 40 ACCOUNT NO. PROJECT 001-2210-522.52-23 i I -m .... I PURCHASING Page 239 of 12 9 r'p ' (D toH ~t=1 N tai H R9 rt Onno Hro C'] I-+I oH0 H ' C7 b F: O• H H ' [HHRHC 4" I [11 H o r I w p QOnnl�u 1 U1 0 H F, H z o0> ; W:9- t-JHH n to OD H ooxm°O H n r H to 1 n N0 "XUHO y H N i :9HG)pU n O ro to trJ O" ' tj F4 I ttxi 0 H z to H� m z O td y � roMroe 0 1 Z N I HM>H � 1 xnno �4 14 0 ' O W j W C-1"H 1 H G w w t7 w r ED v, > (n 0 brJ'x1 Z tv 1-3° i y T1 R H I-j>t�] I tl]H w w 1 H H Pd C7 K'tzJ V] 1 0 `ro rr H O t�] > � ro ' z H G O td> DC b to ra LQ ftlVj O H H tt2i �v O Ho n`4 to 1 n a n H t4 r 1 to G7 O H 1 W W O 10L=] i C tv O 1 O X pd b, H b[n H O N H-, to H , H z H H- H Cin H b n ' o wH C Z n '� Gnl EnH n n v, p i ED z°m H r, , d tr1 I , I yl i0 b 0q b In 1 E z t-J Pd H ' .. 0 Pa HO 0 z C4 ", t� roc z y n p , H ' H a) H �1 H 'b ' to In 1 3 �] 1 H o y ay i i O o H y H 1 p !° O a . 1 � au 1 Q z �o 0 i V1 H ED N 1 0 HH O I � H n 1` ca w 1 k O ' N N 1 0w w En z m H d d y H , � O 0n E 1 1 EFf[p I I 1 I ' I ' t7 M ' ' C 1 ' 1 Z I W W N 0 I t7 I t11 tsj N Q w H o tr1 0) 01 ' ;v ' N N O O Page 240 of 1299 ' Quote Number: QU0000511624 0 MOrOROLA SOLUTIONS Effective: 06 OCT 2020 Effective To: 06 DEC 2020 Bill-To: BOYNTON BEACH,CITY OF PO BOX 310 BOYNTON BEACH,FL 33425 United States Attention: Sales Contact: Name: Daniel Zeltmann Name: JEFF MOSER Email: zeltmannd@bbfl.us Email: jeff.moser@signalcommunications.com Phone: 9544279830 Contract Number: NASPO ValuePoint Freight terms: FOB Destination Payment terms: Net 30 Due Item Quantity Nomenclature Description List price Your price Extended Price 1 55 PMMN4106D AUDIO ACCESSORY-REMOTE $616.00 $449.68 $24,732.40 SPEAKER MICROPHONE,AUDIO ACCESSORY-AUDIO ADAPTER,APX XE500 REMOTE SPEAKER MIC,HIGH IMPACT GREEN Total Quote in USD $24,732.40 This quote is Der the State of Florida(SOF 1 Commodities Contract for Land Mobile FM or PM Communications Eauinment 43190000-18-NASPO-ACS-1 valid through 07/31/2021,and Motorola agrees to provide the goods or materials in accordance with the Terms and Conditions of said contract.Pricing on this quote cannot be guaranteed unless converted into an order by the sales contact above within 30 days of issuance.All Purchase orders should be made out to:Motorola Solutions,Inc. Credit cards are accepted in lieu of purchase orders. Quote prepared by:Jeff Moser 561-323-8968 Fax:954-571-2070 jeff.moser@signalcommunications.com PO Issued to Motorola Solutions Inc.must: >Be a valid Purchase Order(PO)/Contract/Notice to Proceed on Company Letterhead. Note:Purchase Requisitions cannot be accepted >Have a PO Number/Contract Number&Date >Identify"Motorola Solutions Inc."as the Vendor >Have Payment Terms or Contract Number >Be issued in the Legal Entity's Name >Include a Bill-To Address with a Contact Name and Phone Number >Include a Ship-To Address with a Contact Name and Phone Number >Include an Ultimate Address(only if different than the Ship-To) >Be Greater than or Equal to the Value of the Order >Be in a Non-Editable Format >Identify Tax Exemption Status(where applicable) >Include a Signature(as Required) Page 241 of 1299 NASPO ValuePoint PARTICIPATING ADDENDUM Public Safety Communication Equipment- Phase One#06913 Lead by the State of Washington (hereinafter"Lead State") Participating Addendum No: 43190000-18-NASPO-ACS-1 Motorola Solutions (hereinafter"Contractoo And Florida Department of Management Services (Hereinafter"Participating State/Entity') Page 1 of 19 1. Scope: This addendum covers the purchase of public safety communication equipment and is for use by state agencies and other entities located in the Participating State/Entity authorized by that state's statutes to utilize state/entity contracts with the prior approval of the state's chief procurement official. Contractor has been awarded the following categories: Radios Subcategory: Portable, Dual-Band Subcategory: Portable, Single-Band tier I Subcategory: Portable, Single-Band tier II Subcategory: Portable, Single-Band tier III Subcategory: Mobile, Dual-Band Subcategory: Mobile, Single-Band tier Subcategory: Mobile, Single-Band tier II Subcategory: Mobile, Single-Band tier III Subcategory: Desktop, Dual-Band Subcategory: Desktop, Single-Band tier I Subcategory: Desktop, Single-Band tier II Base Stations/Repeaters: Single-Band tier I Single-Band tier II Mobile Radio Antennas 2. Participation: Use of specific NASPO ValuePoint cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state/entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master Agreement: These modifications or additions apply only to actions and relationships within the Participating State. The following changes are modifying or supplementing the Master Agreement terms and conditions. a. Participating Addendum: As used in this document, "Participating Addendum" (whether or not capitalized) shall, unless the context requires otherwise, include this document and all Page 242 of 1299 Page 2 of 19 Incorporated Exhibits, which set lbrth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Participating Addendum must be in writing and signed by all Parties. b. ibits: All Exhibits attached and listed below are incorporated in their entirely into, and form part of this Participating Addendum: 1) Exhibit A: Contract Conditions, Florida General 2) Exhibit : Contract Conditions,Florida Special 3) Exhibit C: NASPO Val Dint Master Agreement Number 08913 If a conflict exists any of the Participating Addendum documents, the documents shall have priority in the order listed bei . 1) The Addendum 2) Florida Special Contract Conditions, Exhibit B 3) Florida General Contract Conditions, Exhibit A 4) NASPO ValuePoint Master Agreement Number, 06913, Exhibit C. 4. O : Upon execution of this Participating Addendum, customers in the Participating Stft may purchase products and services under the Master Agreement using this State of Florida alternate contract source number 43190000-1 SPO-ACS-1. Any order placed by a customer in the Participating state fora product and/or service available from the Master Agreement shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement, unless the parties to the order agree in writing that another contract or agreement applies to such order. 5. Warranttof Authority. Each Person signing this document warrants that he or she is dully authorized to do so and to bind the respedive party. 6. ments: No oral modifications to this Participating Addendum are permitted.All modifications to this Participating Addendum must be In writing and signed by both parties. Notwithstanding the order listed in section III (b), amendments executed after the Participating Addendum is executed may expressly change the provisions of the Participating Addendum. If they do so expressly,then the most recent amendment will take precedence over anything else that is part of the Participating Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Partici ati St :PI C satxa r.- By: :By: y: m� Title:Director o tate Purchasi nd Titl Chief Procurem t®, r 1 Date: // Date: ® � Page 243 of 1299 Page 3 of 19 Alternate Contract Source No. 43190000-18-NASPO-ACS-1 Exhibit A FLORIDA GENERAL CONTRACT CONDITIONS Table of Contents SECTION 1. DEFINITIONS. _ ......................................................................................................3 SECTION- CONTRACT TERM AND TERMINATION. ............................................................3 SECTION 3. PAY AND FEES .........................................................................................4 SECTION 4. CONTRACT ............ 6 SECTION,-§-.-.P(:-�-MP—LI&NCE WITtj LAWS. ................................................................................7 �SECTION_Q._M-1S-CEU Ewa 8 SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE AND INDEMNIFICATION SECTION8. PUB .......................................................................................................10 LIC RECORDS TRADE SECRETS DOCUMENT MANAGEMENT AND INTELLECTUAL�j �L p ko: SECTION 9. PA-[L SECURITY AND SEjRVIQES�, .. ,.. .......................................................... SECTION 10 &S ......12 10. GRATUITIES LOBBYING ......... SECTION-1-1,, ................................................................13 -�QNTRACTANIONITORING..............................................................................14 SECTION 2. NTRACTAVP!a.......................................................................................15 —P-M SECTION 13. BACKGROUND SCREENING AND SECURITY...............................................16 These General Contract Conditions supersede and replace in their entirety all General Contract Conditions, Form PUR 1000, which is incorporated by reference in Rule 60A.1.002, Florida Administrative Code (F.A.C.) SECTION 1. DEFINITIONS. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.)and Rule Chapter 60A-1, F.A.C.: 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Term and Effective Date. The term of this Participating Addendum will become effective on January 1, 2018, and shall be effective through July 01, 2020, unless terminated earlier in accordance with the General Contract Conditions or if not renewed by the Lead State. 2.2 Renewal. There are no renewals on this Participating Addendum. Page'244 of 1299 Page 4 of 19 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. A Customer may, at its sole discretion, suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and will cease the activities associated with any resulting contract or purchase order. Within 90 days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or a resulting contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the Department determines that the performance of the Contractor is not satisfactory, the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will terminate at the end of. such time, or (c) take other action deemed appropriate by the Department. SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders. (b) Preferred Pricing Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor's pricing will not exceed, on an aggregate basis, the pricing offered under comparable contracts for public entities. Comparable contracts are those which are similar in size, scope and terms. The Contractor shall submit to the Department a completed Preferred Pricing affidavit form annually. Page 245 of 1299 Page 5 of 19 (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of properly certified invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. I 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. The Contractor must provide commodities or contractual services pursuant to purchase orders. The purchase order period of performance survives the expiration of the Contract. The duration of purchase orders must not exceed the expiration of the Contract by more than 12 months. 3.5 Travel Travel expenses are not reimbursable unless specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. The State of Florida is not required to pay any taxes, including customs and tariffs, on commodities or contractual services purchased under the Contract. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within 40 calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. Page 246 of 129'9 Page 6 of 19 SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer within the manner and at the location specified in the Contract and any attachments to the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior or contemporaneous agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, by reputable air courier service, email, or by personal delivery, or as otherwise identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, is primarily responsible for the Department's oversight of the Contract. In the event that the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager is primarily responsible for the Contractor's oversight of the Contract performance. In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity Reporting. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in Section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; 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. Page 247 of 1299 Page 7 of 19 Additional information about the designated nonprofit agency and the commodities or contractual services it offers is available at htt :// res ectof 1orida.ory,, 4.7 PRIDE. Subject to the agency determination provided for in Sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY;CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE: SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at hfto://www.r)ride-enterr)rises-p SECTION S. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)-(c), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Governing Law and Venue. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits tovenue in the county chosen by the Department. 5.3 Department of State Registration. The Contractor and any subcontractors that assert corporate status must provide the Department with conclusive evidence, per section 607.0127, F.S., of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity and maintain such status or authorization through the life of the Contract and any resulting contract or purchase order. 5.4 Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors or consultants have been Page 248 of 1299 Page 8of19 placed on the Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract. 5.5 Contractor Certification. If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized,Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.473, F.S. and 215.4725 F.S, respectively. Pursuant to section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract. 5.6 Cooperation with Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems :relevant to the Contractor's integrity or responsibility. Such information may include, but j will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.m Florida com/libra5-archives/records- mana(,ement/c,�eneral-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 5.7 Inspection. Section 215.422, F.S., provides that agencies have five working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor's expense. SECTION 6. MISCELLANEOUS. 6.1 Notice of Legal Actions. The Contractor will use its best efforts to notify the Department of any legal actions filed against it for a violation of any laws, rules, codes, ordinances or licensing requirements occurring within the U.S., within 30 days of the action being filed. The Contractor must notify the Department of any legal actions filed against it in the U.S. for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action may be grounds for termination for cause of the Contract pursuant to section 2.3.3(b) herein. 6.2 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and Page 249 of 1299 Page 9 of 19 contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelP0_dms.mvflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.3 Assignment. The Contractor will not sell, assign or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. In the event of any assignment, the Contractor remains secondarily liable for performance of the Contract. The Department may assign the Contract to another state,agency. 6.4 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Contract. 6.5 Risk of Loss. Until acceptance of delivery, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity, Contractor will remove the commodity from the premises within 10 days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within 10 days will be deemed abandoned by the Contractor and the Customer or. the Department will have the right 'to ship the equipment back to the Contractor and bill the Contractor for the cost of shipping and time spent. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.6 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State of Florida inspector. Acceptability customarily requires, at a minimum, an identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories, and National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished must meet all applicable requirements of the Occupational Safety and Health Act and State of Florida and federal requirements relating to clean air and water. 6.7 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. Page 250 of 1299 Page 10 of 19 6.8 Waiver. The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers' Compensation Insurance. To the extent required by law, the Contractor must be self-insured against, or must secure and maintain during the life of the contract, Worker's Compensation Insurance for all its employees connected with the work of this project, and in case any work is subcontracted, the Contractor must require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees engaged in work under the resulting contract are covered by the Contractor's insurance program. Self-insurance or insurance coverage must comply with the Florida Worker's Compensation law. In the event hazardous work is being performed by the Contractor under the resulting contract or purchase order and any class of employees performing the hazardous work is not protected under Worker's Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance satisfactory to the Department for the protection of employees not otherwise protected. 7.2 General Liability Insurance The Contractor must secure and maintain Commercial General Liability Insurance including bodily injury, property damage, product-liability, personal &advertising injury and completed operations. This insurance must provide coverage for all claims that may arise from the services, and operations completed under the Contract and any resulting contract or purchase order, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include the State of Florida as an Additional Insured for the entire length of the Contract and any resulting contract or purchase order. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the Contract and any resulting contract or purchase order. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor's current certificate of insurance will contain a standard notice of cancellation provision that should the policy be cancelled before the expiration date, notice will be delivered in accordance with policy provisions to the Department's Contract Manager. The Contractors must submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department. The Contractor must require its insurance carrier to;include the Department as an additional insured, as provided below: Florida Department of Management Services c/o Division of State Purchasing 4050 Esplanade Way, Suite 36060 Page 251 of 1299 Page 11 of 19 Tallahassee, Florida 32399-0950 7.3 Indemnification. The Contractor agrees to indemnify, defend, and hold the Department, Customer, the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits,judgments, or direct damages, arising from or relating to violation or infringement of a trademark, copyright, patent, or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 8.1 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per(e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet Page 252 of 1299 Page 12 of 19 all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in 1 a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. 8.2 Protection of Trade Secrets or Confidential Information. If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract-related materials") to be trade secret under section 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as "confidential" when submitted to the Department. If the Department receives a public records request for contract-related materials designated by the Contractor as "confidential,"the Department.will provide only the portions of the contract-related materials not designated as "confidential." If the requester asserts a right to examine contract-related materials designated as "confidential," the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated "confidential." If the Department is served with a request for discovery of contract-related materials designated "confidential," the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated ..confidential" only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as "confidential" from disclosure. The Contractor will protect, defend, and indemnify the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract-related materials as "confidential." 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: http://dos.rny11 rida.com/1ibrarv-archives/records mana ement/aeneral-records-schedules/. SECTION 9. DATA SECURITY AND SERVICES. 9.1 Duty to Provide Secure Data. The Contractor.will maintain the security of State of Florida Data including, but not limited to, a secure area around any display of such Data or Data that is otherwise visible. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 9.2 Warranty of Security. Page 253 of 1299 Page 13 of 19 Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States. Notwithstanding any provision of this Contract to the contrary, the Contractor must notify the Department as soon as possible, in accordance with the requirements of section 501.171, F.S., and in all events within one (1) business day in the event Contractor discovers any Data is breached, any unauthorized access of Data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of Data or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one agency/customer or the entire population. The notification must be clear and conspicuous and include a description of the following: (a)The incident in general terms. (b) The type of information that was subject to the unauthorized access and acquisition. (c) The type and number of entities who were, or potentially have been affected by the breach. (d) The actions taken by the Contractor to protect the Data from further unauthorized access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach. 9.3 Remedial Measures. Upon becoming aware of an alleged security breach, Contractor's Contract Manager must set up a conference call with the Department's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a 30 minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department; an alternate time for the call will be scheduled. All available information must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department's Contract Manager and in all events, within one business day. 9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify and hold harmless the Department, Customer, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two year period of time following the breach. 9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. SECTION 10. GRATUITIES AND LOBBYING. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer Page 254 of 1299 Page 14 of 19 or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract execution and during the Contract's term. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. 11.3 Financial Consequences of Non-Performance. If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited. 11.4 Liquidated Damages. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department or Customer, but by their nature such damages may be difficult to ascertain. Accordingly, any liquidated damages provisions stated in the solicitation will Page 255 of 1299 Page 15 of 19 apply to this Contract. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.5 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractor's data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon 15 days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained. Records of costs incurred will include the Contractor's general accounting records, together with supporting Page 256 of 1299 Page 16 of 19 documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer or the Office of the Auditor General for audit. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background checks as directed by the Department. The cost of the background checks will be borne by the Contractor. The Department may require the Contractor to exclude the Contractor's employees, agents, representatives or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three calendar days any arrest for any Disqualifying Offense. The Contractor must notify the Contract Manager within 24 hours of all details concerning any reported arrest. The Contractor will ensure that all background screening will be refreshed upon the request of the Department for each person during the term of the Contract. 13.2 E-Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five days of Contract execution. The link to E-Verify is provided below. htt //www.uscis.00v/e-venfy. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict)within the last six years from thei date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related or information technology crimes (b) Fraudulent practices, false pretenses and frauds, and credit card crimes (c) Forgery and counterfeiting (d) Violations involving checks and drafts (e) Misuse of medical or personnel records (f) Felony theft 13.4 Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Page 257 of 1299 Page 17 of 19 Department's Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 258 of 1299 Page 18 of 19 EXHIBIT B FLORIDA SPECIAL CONTRACT CONDITIONS This Exhibit contains the Special Contract Conditions. If a conflict exists between the Special Contract Conditions and the General Contract Conditions, the Special Contract Conditions shall take precedence over the General Contract Conditions unless the conflicting term in the General Contract Conditions is required by Florida law, in which case the General Contract Conditions term will take precedence. Special Contract Conditions are as follows: Section 1 Scope All products and services offered under this addendum must be in compliance with the Master Agreement scope. Failure to adhere to Master Agreement scope, may result in addendum termination and the reimbursement of reprocurement costs in accordance to 60A-1.006 F.A.C.. Section 2 Information Technology(IT) Standards Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) has established information technology standards for security, project management and oversight. State agencies shall ensure compliance with AST standards as established in Rule Chapter 74-1 and 74-2, F.A.C, as applicable. Section 3 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract, via the established Complaint to Vendor process (PUR 7017 form), may result in default proceedings and cancellation. Section 4 Monthly Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports electronically through MFMP VIP. All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Frees or reporting of transactions shall constitute grounds for declaring the Contractor in' default and subject the Contractor to exclusion from business with the State of Florida. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online through MFMP U on the MyFloridaMarketPlace website (located at tlqR.-//dms.rqivflorida.com/mfmo),. Assistance, is also available from the MyFloridaMarketPlace Customer ! Service Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 6:00 PM, Eastern Time. Section 5 Quarterly Sales Reports Each Contractor shall submit a sales report to the Department on a Quarterly basis. Contract Sales Reports must include the Contractor's name, the dates of Quarter covered, each Customer's name, services provided, and the amount paid by the Customer. Page 259 of 1299 Page 19 of 19 Initiation and submission of the Contract Sales Reports are to be the responsibility of the Contractor. The Contractor will submit the completed Sales Report forms by email to the Department Contract Manager no later than the due date indicated in Section 10. Submission of these reports is considered a material requirement of this Contract and the Contractor. Failure to provide quarterly sales reports, including those indicating no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) is considered as Non-Performance by the Contractor. Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed. Section 6 Quarterly Reporting Timeframes Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September)— Due by October 10 Quarter 2 - (October-December)— Due by January 10 Quarter 3 - (January-March)— Due by April 10 Quarter 4 - (April-June)— Due by July 10 Section 7 Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. Section 8 Contract Revisions Notwithstanding General Contract Conditions the following types of revisions can be made to the Contract upon written authorization by;the Department: a. Contractor's Information and Contacts b. Contract Manager C. Contract Report Forms Only the above listed provisions can be made without a formal Contract amendment. Florida General Contract Conditions, section 6.10, applies to all other modifications to the Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 260 of 1299 i s P f CITY OF BOYNTON BEACH t, `fREQUEST FOR PURCHASE OVER $109000 Date: 10/20/2020 i Requesting Department: Fire Contact Person: Ouida/Carter Explanation for Purchase: Audio Accessories for apparatus/vehicle. p Recommended Vendor Motorola 16567) Dollar Amount of Purchase Source for Purchase(check and attach backup materials): Three Written Quotations ® GSA State Contract ® PRIDEMESPECT SNAPS Q Sole Source Piggy-Back 0 Budgeted Item Q j Emergency Purchase Other Contract Number: 43190000-1 B-NASPO-ACS-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2210-522- Approvals: Department Head Date—.1,0 �-� z Purchasing Agent Date 'Asst City Manager Date City Manager Date Fort Revised 02/01/02 i Page 261 of 1 99 PURCHASE ORDER �y CITY OF BOYNTON, BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. # : 210376 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/23/20 VENDOR 11948 SHIP TO: TO: FORTILINE WATERWORKS City of Boynton Beach 8920 SW GLADES CUT-OFF RD EAST UTILITY ADMIN PORT ST LUCIE, FL 34986 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 ai ar , REQUISITION N0. 77308 ORDERING DEPARTMENT UTIL/ W DIST/ MDC." 1 DATE NEEDED: CONTRACT NO. 'COMMISSION APPROVED. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3 . 00 EA GA-92XTD W REX KITS MPC 3370 .5000 10111.50 REMARKS. QUOTE 60.03167 . . — .. ...... . PROCUREMENT SERVICES: °y �, P O. TOTAL: 10111 50 � l ..... .... .. -...w.ri..,.... _— ACCOUNT NO, PROJECT 401-2810-536. 64-02 I PURCHASING Page 262 of 1299 LJ raW m r omrs Im r I I zr Al tr r z x r(D w ro W (D H I ti Mrs Na �O no O El H me rt O O 1 p m 0 3 r I 3HCi ' H n 0 3 Ln i ly K i z O Dy aw o z k m m m I ori Y(D IP I (] •R� N I yHH I H ~ Nrtor I m cc ro I H cu E aC t3i i w ty M1°a � i ro N W 1-4 Nj FA I R+ $ "s owy H ci I z (d] e ro3 ro 0 ID H 3 � Ddp ro k 0 10 C, 1 r (D H ro 03 C Dd H to o H n N z n . H O U? W C: 1 I a H z m� roro x Hi i �Q Z �H H w I i 1 O n n H I I w H ;ti H H w N O O 0 Of a H H E 1 0D M O 3� NN p y HodO O c-s )v I rr H o w o 1 a N N 7. w H ttid 0 a, H 0(h H H o i t, -j .Oj .,� H O 1 H J Ul co ., Of O m Z O r 0 Vj O o 1:4I 00 WH OD � I oo b 0 IHH I I 1 q 1 i t 7 1 I N N ta � L � o I I N F✓ I C]H cn ( W in in I &0� rpn 0 1 I 1 � ct as I MO I 1 € L tj W I IDiC 00 k I g I 1 r r 1 O I 1 xy �0 I p � I r F+ I i , 55 IH LA tP U1 Ty 1 I , •• •• I I Dh UI N r r I ?D \ \ Page 263 of 1299 '.LdOQ ONISVHD'dfld 01 QNF[S CNV NOIJLISM09U OZ SNOI.LVJ Oflb 9AOUV alu HDVJ LLV 00.00t`i i$ awflb ZZZ£-tIN-199 QEEWIN aMOHd s snx pt�i?rI :NOS2Iad, DVINOO OZOZ/OZ/01 :a,LdQ sxaoAuawM uosnSja3 £#"dOC[MaA 90'98Z`i T$ a.LOflb 9b i i-L£-0-008# naaa cif im aMOHd kiow uEAIg :NOS Hgcl 1,OV,LNOD OZOZ/1/01 :gZvQ J21'e sp-miiod :Z#?iOQNaA 09,111,01S :mLOflb 19L£115Z-900 :2IE[S AjnX aMOHd :NOS2Idd .LDVI NOD OZOZ/1/01 :EuvCI S31-IO MVeAk autiRJo3 I#?IOQNHA -Bela uo!xeaol mo of!r4 !a4 ag 11!m le4l sainiml a!gesn ajow aney souo mou a4;'8 a8esn of anp uaom eie Aeql asnemq siolmol yoejo.4aW eie Ou!ae!daa Qa,Lsaflbau Swan smouv.LOflb S3 IM11130 HOZDHM(l 3HI 30 331MO r 86MOL 191)-XV.4 ' Ow-rot(191)JuOw SSiF£vpMom 140aag uaw -cog '" PROM P1$M-At 9 MI �aaw�adaQsappry1 ,� Yana O; dO fO 1 aq l Page 264 of 1299 stS�in� CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10t000 m Date: 22-0ct-20 Requesting Department: Utilties Contact Person: Brandon Mingo Explanation for Purchase: Replacing are Metrotech locators because they are worn due to usage &the new ones have more usable features that wil be helpful to our location staff. Recommended Vendor Fortiline Waterworks Dollar Amount of Purchase $10,111.50 Source for Purchase (check and attach backup materials): Three Written Quotations ® GSA State Contract ® PRIDE/RESPECT SNAPS ® Sole Source Piggy-Back Budgeted Item Emergency Purchase Other F Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2810-536-64-02 Approvals: Department Head .. .° Date Purchasing Agent �4"l Date ID z Asst City Manager Date City Manager Date , yc, Form Revised 02/01/02 Page 265 of 1299 REQUEST FOR REQUISITION 212 H.T.E.ENTRY DATE: 1012 020 -7ffYJ_&.kWWsrrI0N# 77368 -Cle—rk- Procurement Asst Director: City Manager{a bu �;ited ca M and/or S50061, REASON FOR PURCHASE: plicin-g-'are-- e�Wtech lo--c-a-t'o'rs'-because—they-are--worn due to usage&the new ones have more usable features that will be.helpful to our location staff. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name:RoMfine- Waterworks Admin. Date: 10/2212020 ASAP X) Address:'1' 4-2-0-i-S-W 142"d Ave. Engineering Date Needed: 11/06/2020 Confirm. Miami, FL 33186 Cust. Rel. ASAP/Conf. Distribution (x BACKUP DOCS. DELIVERY: SUBMITTED: -0666- co-int-aic—t): #-30-5-59-6-461-4------------ Water Q6, 61. Quotes/Verbal E.Admin. 40- X) _(o yerW Pumping QuotesMritten (x ) E.WTP 41 ............- _(over $2000) Vendor Number 11948 PwTreat. Bid Docs. O W.WTP 42 .................................... Meter Serv. Sole Source Ltr. P/U 99 INITIATOR: Brandon Mingo-Water Sewage Insurance Special Instructions: Distribution Supervisor ffeAuirements: APPROVED: Strmwtr. Project Number: 7 duan. Unit Price Description &Part Number Dept Basi6--':-e qoL_ Amount 3 E $3,370.50 GA-92XTD W REX KITS MPC 401 2810 636 64 02 $10,111.50 TOTAL 401 2810 SW 64 02 $10,111.50 r � I Page 266 of 1299 QUOTE FORTILINE (,) **Pricing for some of the products included in this quote may be h pacted by i :Section 301 List 3:the proposed China tariff.In the event that the tariff is WATERWORKS t implemented,we wdl be forced to pass it on to the market.The actual price i a xORSCO brand hof these items may increase up to the rate of the tariff that is imposed.**--------------------------------------J lo 1�10 !10 6003167 /01/24 M7 CITY .OF BOYNIMN BEACH PO BOX 310 BB BID 10120 ACCOUNTS PAYABLE BOYNTON BEACH, FL 33425 — — — 111 NOMINEE ****************************** DUE TO THE PVC ENVIRONMENT: j ALL PVC PIPE WILL BE PRICEDiAT TIME OF SHIPMENT. ****************************** 20 3 EA GA-92XTD W REX KITS MPC 3,370.5000 10,111.50 ***LIST PRICE 3745.00*** PER THE BB CONTRACT 041-1412-19 10% OFF LIST 46 t - 9 1 wNLr) � Subtotal: 10,111.50 Tax: .00 Bid Total: 10,111.50 ALL STOCK DELIVERIES ARE SUBJECT TO SIiIPPIN RGES All PVC and HDPE material is quoted for shipment within 7 days of quow/bid date. All other material is quoted for shipment within 30 days of quote/bid date. Atter 7 days for PVC and HDPE or 30s for all other material ALL Quoted rAces are subject to review based on cement market conditions. Ent By JBl 10/01/20 15:15:59 smCvt:w Page 267 of 129 FERGUSON ENTERPRISES 63326 DellverTo, Pollardwater FERGUSON ENT-DBA POLLARDWATERFrom: Bryan Mokry 200 ATLANTIC AVEComments: NEW HYDE PARK,My 11040.5057 Phone:800-037-1146 Fax:516-746-0852 11:30:44 OCT 012020 Page 1 of 1 FERGUSON ENTERPRISES LLC#3326 Price Quotation Phone:800-437-1146 Fax:516-746-0852 Old No: 8084566 Cust Phone: 561-742-6309 Bid Date: 10/01/20 Terms: NET 10TH PROX Quoted By: BM Customer: CITY OF BOYNTON BEACH Ship To: CITY OF BOYNTON BEACH FINANCE DEPARTMENT 222 N E 9TH AVENUE PO BOX 310 BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33425-0310 Cust PON: QUOTE Job Name: PHONE Item Description Quantity Net Price UM Total ---- - - -- —- --------- -------- SMPCREX MPC-REX KIT W/MAG LCTR REX`X 3 3745.000 EA 11235.00 WILL SHIP WITHIN 2 BUS DAY Net Total: $11235.00 Tax: $0.00 Freight: $0.00 Delivery: $51.06 Total: $11286.06 Quoted prices are based upon receipt of the total quantity for Immediate shipment(48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE.QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBEIMBEI BE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays,lack of product or Increase of pricing due to causes beyond our control,and/or based upon Local.State and Federal laws governing type of products that can be sold or put into commerce. This Quote Is offered contingent upon the Buyer's acceptance of Seller's terms and conditions,which are incorporated by reference and found either following this document,or on the web at https:/Awm.forguson.com/0ontenVwebsite-infblterms-of-sele Govt Buyers: All Items are open market unless noted otherwise. HOW ARE WE DOING? WE WANT YOUR FEEDBACKI D " O Scan the QR code or use the link below to complete a survey about your bids: ■ haps:/Isurvey.medallia.com/?bidsorder&fc=3325&on=835 Page 268 of 1299 ZFERGUSONe FEL-RIVIERA BEACH 41208 liver To: WATE R 3697 INTERSTATE PARK RDS rem: Nikki Kushma ERA BEACH,FL 33404 oyes: Phone:$61 222 Fax:561-848-7001 14:41:22 OCT 20 2020 Page 1 of 1 FEL-POMPANO BEACH,FL WW#125 Price Quotation Phone:561-844-3222 Fax:561-848-7001 Bid No: B452492 Cust Phone: 561-742-6317 Bid Date: 10/20/20 Terms: NET 10TH PROX Quoted By: NLK Customer: CITY OF BOYNTON BEACH Ship To: CITY OF BOYNTON BEACH ATTN FINANCE DEPT ATTN FINANCE DEPT PO BOX 310 PO BOX 310 BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33435 Cult PON: Job Name: Item Description Quantity Net Price UM Total SMPCREX MPC-REX KIT W/MAG LCTR REX*X 3 3800.000 E4 11400.00 Net Total: $11400.00 Tax: $0.00 Freight: $0.00 Total: $11400.00 Quoted prices are based upon receipt of the total quantity for immediate shipment(48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE.QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBEIMBEIWBE/SMALL BUSINESS REQUIREMENTS. Seller not responsible for delays,lack of product or increase of pricing due to causes beyond our control,and/or based upon Local,State and Federal laws governing type of products that can be sold or put Into oommeroe. This Quote is offered contingent upon the Buyers acceptance of Sellers terms and conditions,which are Incorporated by reference and found either following this document,or on the web at https://www.ferguson com/oontent/webaite4nfoRerms-f-sale Govt Buyers: All items are open market unless noted otherwise. LEAD LAW WARNING:it is Illegal to install products that are not"lead free"in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption.Products with*NP in the description are NOT lead free and can only be Installed in non-potable applications.Buyer is solely responsible for product selection. DOING?�Q M HOW ARE WE WE WANT YOUR FEEDBACKI Scan the OR code or use the link below to complete a'survey about your bids: hftps://survey.medallia.com/?bidsorder&fc=1208&on=6157 Page 269 of 129 PUHUHASE UHIJEH CITY OF BOYNTONEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P .O. # : 210378 BOYNTON BEACH, FLORIDA 33425-0310. DATE: 10/23/20 VENDOR 18291 SHIP TO: TO: PLANT CARE City of Boynton Beach FIDO AND FAMILY, LLC PUBLIC WORKS DEPARTMENT P.O. BOX 50115 222 N.E. 9TH AVENUE LIGHTHOUSE POINT, FL 33074 BOYNTON BEACH, FL 33433 REQUISITION NO. 77253 ORDERING DEPARTMENT: ENGINEERING/AGGA/MD o DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 7960 . 00 DL INITIAL POTTERY 1 . 0000 7960 . 00 2 1250 . 00 DL ONE TIME SET UP & DELIVERY 1 . 0000 1250 . 00 3 20220 . 00 DL MONTHLY PLANT'; CARE SERVICES 1 . 0000 20220 . 00 PROCUREMENT SERVICES: f i �7 v mµ P.O. TOTAL: 29430 . 00 ACCOUNT NO. PROJECT 001-2511-519.49-17 PURCHASING Page 270 of 1299 �i t� ro °•F 0 r , r N k C W N HZ i W N H � xl 7Ha 03 1-1 H ' I LTJ H r0 0 HW H WOO ED0 mf]Z i tO+J y A O O O O'1D� , O g 10 O Im O H Ito O H N N".i 7-1 F•1 0 µ0 I (1 I x (]l y 01 H I 'X1 r H 00L- OOH 00� I H O y h rr n N N NO I rt C]n = r r N ; iHHFC "HGL wHH ' H O O r- r H H I dkro OH OHIO oolHero o H x P) 0 y H P,w � W H , Z Z k ro H �a H m� .. � %o w I �ro K I ro � (D 11:3 N V (D rr 1 In;d M rrn; rm� O m ' m krn - ICS k H z ~ , O t-i HU]� WqH ZgU H LQ m� 000000 xx�mmm R+m prr rr M r_ 19 RI � [ 0 o z7y�z§� ; ?a to ro I (D (III�-I-j Cyy]Hf3H I M H H I 0 ED ED En 4 rt I H VI (A ED 1 I 0 A H w W N i ' [ OH Croy cr H ' Z O I 1 I ' I 0 in m O I H CI ' fA H ; ZU w z l N Ito � �ro � H NN tJo icy" '�.i 'x1 H C;N O O y m I o 0 0 H P ?d y (] H I O Z 0 0 0 K ro NO O HI : t- 14 ~ H 0 1 ,[•I m 10 t-ia r r I �p iA H 'A � W I H ..y � � o H I O I � C7 "TY '� O O ( O I NN lw i t7f 0 yy M � W O ' I Gil I , z i t0 O µ J I M 0 H r µ I W NUT ION1 Qf 0 0 0 1 0 0 0 o I (]y xy 0 0 0 0 0 0 0 cog LTJ FOI O O O I O O I H I z � o I I r 1 , I s ' � d c (D � I H Z ;0 10 w N N I 10 rC N I C �n o FJ I I C7 G uj W N U70)61 I , O O O 00 I , 1 y 1 I Lis O% UI ' 1 \ \ ' I N N ' I O O Page 271 of 1299 �jy1, t CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $1%000 Date: 10/16/2020 Requesting Department: PW-Engineering Contact Person: Matthew Doyle - Explanation for Purchase: Supplying interior plants for Cultural Center and City Hall per Colin Groff request. Three quotes were solicited all including either purchase of the pottery, plants, or leasing. All three also included a one time set up fee. Colin wants to purchase the pottery and go with lowest price lease per month. One time set up fee included. Please see attached ROA. Recommended Vendor Plant Care Interiorscapes LLC Dollar Amount of Purchase $29,430 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-2511-519-49-17 Approvals: Department Head Maw Date 10/16/2020 3:38:46 PM Purchasing Agent �µ�l� — Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 272 of 1299 1 } p 1<1 e B N r[M®®M®8APM LLC "True BeauW ftds inside,, Plant Care - Leasing! Maintenance Agreement Designing and Maintaln►ng Healthy and Beautiful Environments for Over 7WenW/ve Years. 2954 West 84"'Street Dade 305.271.6714 Miami,FL 33018 6roward/Palm Beach 954.370.4832 PlantCareFL@aol.com Facsimile 877.210.4432 www.plantcarefl.com Plant Care to provide plant leasing services to: City 100 East Ocean venue Boynton ', FL 33436 Monthly Leasing Fee-$1685 Interior e- Interior and Exterior Plants and Planters Various Variety 1- Full maintenance for plants to include: Regular maintenance to ensure continued beauty and quality of all interior plants. To Include; cleaning/dusting, rotating,watering, removing debris from plants,trimming, organic fertilizing, and environmentally safe insecticide control, as necessary. 2. As a plant's health or appearance deteriorates the plant material will be replace, at our discretion,with like or better,depending on current availability. 3. Leasing/maintenance agreement is for a term of one year and will automatically renew unless cancelled, by either party, with a thirty day notice prior to renewal 4. Monthly maintenance fees are billed on the first of each month and payable to Plant Care upon receipt. Balances unpaid within sixty(60)days from invoice date are subject to a late payment of 1.5% per month,or maximum allowed by law. 5. Only employees of Plant Care shall water and/or maintain plants. No other persons shall care for or maintain plants unless specified herein. NOT APPLICABLE Page 273 of 1299 6. Horticulture technicians to make weekly visits to Lessee's premises to perform maintenance functions, excluding legal holidays. In the event that your regularly scheduled service day falls on a legal holiday your services will be performed another business day, prior to,or following the legal holiday as schedules permit. 7. For any reason our technician is unable to perform maintenance service functions at Client's premises due to Client's unavailability at premises and/or failure to notify Plant Care of unavailability, or if Client makes a change in plant location without Plant Care's consent,which results in deterioration in health or appearance of plant,the cost of replacement will be the responsibility of the Client. 8. Should any plant or planter be removed by theft,disfigured,or if the introduction of any liquids,toxic gases,or chemicals into plant soil (examples:cleaning chemical,alcohol, pesticides,etc.)occurs willfully or negligently by Client,his guests, cleaning personnel, or other personnel on the premises for hire, trespassers, etc.,the cost of plant and/or planter replacement will be the responsibility of the Client. 9. Client will maintain light levels at the same level as on initial visit indoor temperatures will be kept at an acceptable range,which is between 60 and 80 degrees Fahrenheit. Damage caused to plants due to extreme temperature,outside of acceptable range,,will be the responsibility of the client. In the event of extreme weather conditions, such as hurricanes,tropical storms,tornados,freezing temperatures, or any unusual weather events-damage to exterior plants and/or planters,which require replacement,will be at the cost of the client. 10. If lessee is a company or corporation that is either sold or taken over by another entity,lessee is responsible for remainder of contract term. If new entity should decide to continue services with Plant Care a new agreement will be executed and prior lessee will be released from remaining lease balance. Client Signature: Date: Please Print Name: Pta�yj,,�ce� Page 274 of 1299 } i Plant Care �APPIn� interiorscapes, LLC f, 1, ........ a , m f(�r gYNI•q���2�� �J �1 1Y`�4 ��� � " Ltt�sS ....... ,. . 100 East Ocean Avenue Boynton Beach,Florida Project: Plant and Planter leasing With Maintenance Prepared for: Matthew Doyle Project Manager/Landscape Architect Thank you for considering our services. Page 275 of 1299 Proposed Items: Planters! ant Plant Roam Number Desulption of Location Qu itY Variety CULTURAL CENTER 12S EAST, SEAN"VENUIr -Firs# 1�floor landing 'Aeross from Elevator Tall Rectangle,2-Small t3 'White Bird of Paradise,Raphis i !Cube Planters _ Palm,Aglaonema _ floor.ia-4n _g Side Tables 2-Cube Planters 2 ?Aglaonema i floor foyer(east) 'at top of steps Medium Container T 1 ,Chameadoria hooperian .Or Selfrizii Hybrid(depending on av_ailabilityl 15i floor foyer(west)at top of steps Medium Container 1 ;Chameadoria hooperian 'Or Seifrizii Hybrid(depending on availability)— 102 A 11in corner Medium Container 1 lDraceana Cane 102 8 In corner Medium Container ! braceana Cane s CULTURAL CI=NTiE:R t7i5 EAST OtEAM AVE E 5� 'Fid Level 2"d floor landing ,Across from ara . m Elevator ',large container,small 3� ;White Bird of Paradise,Raphls 6ontainers Palm,Aglacnema 2"a floor landing Side Tables Small container next to Y^2 {Aglaonema (tables 201 Corner Medium Container 1 '.Chameadoria hooperian :Or Seifrizii Hybrid(depending on availability) 204 korner Medium Container -1 Chameadoria hoopenan Dr Seifrizii Hybrid(depending on availability) Theater Ramps Corner of Ramps 2e Square Containers with 2 l donidia Palm Under plantings Theatre Loft Wall !Wall In Center _14"Square Containers with 1 Adonidia Palm Under plantings 1 IT1l HALL"�L- o - t"5 i:erl ), Main Lobby— 'East Corners - ; 24 Square Planters w_ith 2„ . Rhameador.i_a hooperian Vine Under plantings Dr Best Available Main Lobby Along Columns on West Tall Rectangle Planters 4 ;Ficus Lyrata Standard Partitions Main Lobby Seating Areas Cube Planters 2 ;Dracena marginata Stumps Elevators 104 'In corner Tall Rectangle,2 Cube 3 Kentia Palm,ZZ Plants Zen Room Planters Building Dept. Corners Tapered Cylinders 4 Draceana Elegance Canes Meeting Rooms(1 Each) g Page 276 of 1299 TV Status area Corners Tall Rectangle 2 Zamfoculcas iroposed-items Planters` Room Number Description of Location ( quantity Plant Variety 1 11Y HALL/LIBRARY i*irst Level Continued j .. ... . 125 Corner Tapered Cylinders 'Cat Palm Director " � y 124 Korner Tall Rectangle 1 Spathiphyllum Sensation Storage area outside. 1st Floor Tapered Cylinder 11 Aglaonema Copy Machine 1st Floor 'Papered Cylinder 1 Draceana Elegance Cane Next to Elec.Room Makerspace Upstart 'Lobby Area Tall Rectangles 3 Ficus Lyrata Trees Area 132 Cust. Relations ;Corner Tapered Cylinders 2 Elegance Canes 933 Cust. Relations Corner Tapered Cylinders 2 Cat Palm Director CITY HALL--Secon Cevei 2nd Floor 'Centered on Glass Panels Long Rectangular Planters 9 Zamloculcas Mezzanine .16"x 30" 2nd floor :Low planters at top tong Planters 16"x 30" 12 'Sanseveria black gold Google Steps Library Entrance wide plant Tall Rectangle 1 Whfte Bird of Paradise Library reception Centered on Wall Tall Rectangle_ 1 White Bird of Paradise 223 Corner Tapered Cylinder 2 Cat Palm Library Director Office CITY HALL—Third Levet u 3rd Floor Centered on windows 22"Cube Planters with 2 Adonidia Palms Balcony :Under Plantings Srd Floor Corner near elevator Tall Rectangle i :Black Cordyline or iced Congo Lobby Depending on Availability Page 277 of 1299 3rd floor lobby under Iow planters :Rectangle Planters 6 Isanseveria black gold Ng 16"x 30" 310 Corner Tapered Planters 2 "Cat Palm Planning Director i Pr000sed item tion of Location Plant 4 Room Number Description � Quantity ' Plant Variety.:. CITY HALL-Third Level Continue' 311 Corners Tapered Cylinders 2 Mass 5 Conference 312 Corner Tapered Cylinders 1 =White Bird of Paradise I 318 Comer Tapered Cylinder 1 !Elegance Cane 309 Matt 'Column Ti-Il Rectangle 1 Chamedorea I 320 Corner Tapered 60inders 2 'Marginata Character 319 Corner Tapered Cylinder 1 Elegance Cane 328 Corner Tapered Cylinder 1 ,Choice of Bamboo Palm,Elegance ;Cane,or Aglaonma-Depending on _ space available 329 Corner Tapered Cylinders 1 ;Choice of Bamboo Palm,Elegance Cane,or Aglaonma-Depending on space available- 33® Comer Tapered Cylinders 1 =Choice of Bamboo Palm,Elegance 'Cane,or Aglaonma-Depending on _ spaee available, 331 Corner Tapered Cylinders it =Choice of Bamboo Palm,Elegance i 'Cane,or Aglaonma-Depending on _ l I.s ace available .p.. 333 =Comer Tapered Cylinders 1 =Choice of Bamboo Palm,Elegance ;Cane,or Agiaonma-Depending on __._. !space available_ 335 Corner Tapered Cylinders 1 Choice of Bamboo Palm,Elegance Cane,or Aglaonma-Depending on ! i space available 344 Corners Tapered Cylinders 12 ;Choice of Bamboo Palm,Elegance '•Cane,or Aglaonma-Depending on space available 345 Comer ;Tapered Cylinders I iChoice of Bamboo Palm,Elegance ;Cane,or Aglaonma-Depending on space available Conference Room 'Corners Tapered Cylinders iMass Canes Page 278 of 1299 Plant Care FL Phone 3®5.271.6714 i ManJcmd&QM Planter Room Number Description of Location Quantity Plant Variety 420 Corner Tapered Cylinders 2 Bamboo Palms _ 400 Corner Tall Rectangles 2 Lyrata Bush Lobby 400 Corner Long Rectangles 6 Sanseveria black gold Lobby Under TV 16"x 30" 441 Corners 'Tapered Cylinder �Majesty Palms Conference 440 Corner Tapered Cylinder -Mass Cane Stagered i 439 Comer Tapered CylinderT g1 Marginata Character - 438 :.Corner Tapered CV Finder 1 -:Elegance Cane 437 Corner Tapered Cylinder 1� 'Mass Cane 435 Corner Tapered Cylinder 1 Bamboo Palm 436 +Comers Tapered Cylinders 2 'Elegance Canes Conference 433 Corner :Tapered Cylinders 2 Choice of Bamboo Palm,Elegance Cane,or Aglaonma-Depending on _space available 418 Corner _Tapered Cylinders 2 Aglaonemas 430 Comer Tapered Cylinder 1 Ulisess Cane 431 Comer Tapered Cylinder 1 Marginata Character 4th .Corners of Balcony 24"Cube Planters 2 Trlple Roebellini Floor Balcony With Under plantings 4th Centered on windows Tall Rectangles 4 Philodendron Rojo Floor Balcony Tabletop Plants First,Third,and Various Locations Single Table Planters 6 Guzmanla Bromeliads Fourth Level Page 279 of 1299 ConferenceRoom Corners Tapered Cylinders 2 :Ficus Lyrata Bush Conference Room Comers Tapered Cylinders 2 Elegance Canes Proposed Items1 Room Number Description of Location Planter: Quantity Plant Variety CITY HALL-Thlyd Level Coritmued 325 Corner Tapered Cylinders I :Choice of Bamboo Palm,Elegance spnaec,aV lla a%jnma-Depending on 341 Corner Tapered Cylinders 1 Choice off Bamboo Palm,Elegance spaec'e ava§Ia�Qnma-Depending on LL-Fourth Levu .._w,_F,. ......_. . 409 City Manager 'Corner Tall Rectangles 2 ;Raphis Palms Conference 468 Corner - Nail Rectangles 2 Xentia Palms or Raphis Palms City Manager 407 ;Corner Tapered Cylinders 2 !Ficus Lyrata 410 Corner Tapered Cylinders 2 'Ficus Lyrata i 412 Corner Tapered Cylinder •1 ;Choice of Bamboo Palm,Elegance Cane,or Aglaonma-Depending on I space available 411 Corner Tapered Cylinder 1 Elegance Cane F 406 ;Corner Tapered Cylinders 2 White Bird of Paradise i Corner Tapered Cylinders 2 ;Choice of Bamboo Palm,Elegance Cane,or Aglaonma-Depending on skace ayallable 415 Corner Tapered Cylinders 2 !Sunshine Canes 416 Corner Tapered Cylinders 2 Raphis Palms Page 280 of 1299 BOTANICA Phone: (561)266-0706 INTERIOR PLANT SERVICES Fax: (561)265-2010Silting: (800)273-5807 6710 East Rogers Circle mµ --_m Boca Raton,Florida 33487 Bill to Name: Boynton Beach Cultural Center _ Deliver to Name:same Address: 125 East Ocean Ave Address: _. Boynton Beach FL Contact:Matthew Dole Contact: Phone: 954-857-1688 Phone: do jSbbfl.asFax: DESIGN INFORMATION DATE WWO PLANT LOCATION PLANT PLANT CONI'.QTY, CONT. 'TY SIZE&TYPE COST COLOR&TYPE COST 1028 2-14"Ma ata 2-15"Vista - 102A ; 2-14"Mar -Hata 2-15"Vista - Foyer east 14"Cham.Hoo 15"Vista Fover west -' 14"Cham.Ho �; ._. 15"Vista - Open landi 13-14"Cat. alm 3-15"Vista 17"White bird .20"Vista 204 14"Cham.Hoop. 15"Vista W we,. 201 14"Cham.Hoo 15"Vista Theater 3-14"Adonidia Palm I 345"Vista G 3-10"Amo 3-11"Vista 211 Floor landing ..l 17"White bird 20"Vista 2*10"cat. alm 2-11"Vista ❑TOTAL SEE NEXT PAGE❑ NOTES: Service 3 times per month,replacements as needed are included ONE TIME FEES SERVICE INFORMATION ❑ LIVE PLANT PURCHASE..... $ ❑ SILK PLANT PURCHASE..... $ WATER LOCATION: ❑ CONTAINER PURCHASE..... $ SERVICE MIES: ❑ SHORT TERM RENTAL..... $ SERVICE DAY: DELIVERY&INSTALLATION..... $400 LADDER: ❑ SPECIAL ITEMS, SEE NOTES..... $ HOSE: MONTHLY FEES KEY: LEASE PIants&Containers $396 per month SPECIAL EQUIPMENT: ❑ GUARANTEED MAINTENANCE..... $ ❑ MAINTENANCE ONLY..... $ SALES TAX WELL BE ADDED TO ALL FEES 61� Page 281 of 1299 Applicable to all Agreements: pg.2 Boynton Beach Cultural Center 7-2 A) The ProposallAgmement Form constitutes the entire understanding between the parties. B) This proposal Is valid for 30 days. After that availability and prices may vary: C) Containers have the possibility of leaking or harming surfaces in other ways. Sotanica)BT)is not responsible in the event there is damage. D) If BT must hire an attorney to collect past due interest or principal,the client will pay for damage,costs,and aftonWs fees E) If any provisions of this agreement are held invalid,illegal,or unenforceable,the remaining provisions will no way be affected or Impaired,and V possible,an invalid,Illegal,or unenforceable provision will be limited or Interpreted to the minimum extent necessary to cure Its defect Client agrees tashat the exclusive venue of any suits or causes of action arising directly or indirectly from this agreement shall be In Sarasota County,Florida Purche Agreement Installation and delivery$400 A) T agrees to provide the Gated items. B) Special order items can be canceled only If the client pays a penalty equal to half of the purchase price.Special order items are:Live plants over 1(Y tall,Silk plants over r tall,Decorative Containers other than wicker or plastic. Client Signature and Date Botanica Signature and Date 0 Short Term Rental Agreement A) BT agrees to provide the listed items. They will be delivered on (date)and picked up on (date). B) The client will be responsible for the theft or damage of any plant or container,at a cost of four tinea the rental price. C) The Client understands that placing the Rental Plants In the sun will cause damage. D) Clients who have not established an account with BT agree to pay ST prior to Installation. XX-11-11 Client Signature and Date Botanica Signature and Date Applicable to Lease,Guaranteed Maintenance and Maintenance only Agreement A) BT will water,feed,trim,and clean the plants in a regular basis. B) BT will inspect for and control Insects and disease. C) Client will provide a healthy environment for the plants. This includes maintaining a temperature between 50-100 degrees,keep lights an for 8 hours a day and five days a week,prevent all others from moving plants or attempting to care for them,allowing BT to service plants during normal business hours. D) Client will pay BT within the 30 days of billing. Any account balance over thirty days past due will have a 1.5%finance charge added per month. E) This Agreement will run for a period of twelve(12)months and will be automatically renewed unless written notice is received by BT thirty(30)days prior to the anniversary date. F) Clients with monthly fees of$500 or less will be billed quarterly. XLease Agreement Plants and containers$996 per month A) nder the terms of this Agreement BT agrees to provide the Leased plants and/or decorative containers and replace any unhealthy plant with an exact or similar plant,provided the lack of health is due to circumstances which BT could control. Leased plants and/or decorative containers can be Identified by bar code and/or GmenScan reports. B) Under the terms of this Agreement the Client agrees to be responsible for replacement cost of any plant or container due to the above unhealthful ads, theft or ads of God. C) Under Terris of this Agreement both parties agree this is an annual contact which has been divided Into monthly payments. BT has invested in labor and materials. Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 is 84%,subsequent years are 76%. X Client Signature and Date Botanica Signature and Data ❑ Guaranteed Maintenance Agreement A) Under the terms of this Agreement BT agrees to replace any unhealthy plant with an exactor similar plant provided the lack of health Is due to circumstances which BT could control. B) Under the terms of this Agreement the Client agrees to be responsible for replacement cost of any plant or container due to the above unhealtMul sets, theft or ads of God. C) Under the terms of this Agreement both parties agree at the end of this contract,plants and decorative containers that are the property of BT can be Identified by their bar codes. In the event that the bar codes are removed they will be identified by a GreenScan Software Inventory Report. D) Under the terms of this Agreement both parties agree this is an annual contract which has been divided into monthly payments. BT has invested in labor and materials. Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 Is 76%,subsequent years are 48%. X X. Client Signature and Date Botanica Signature and Date ® Maintenance Only Agreement A) Under the terms of this Agreement both parties agree this is an annual contract which has been divided into monthly paymants.BT has invested in labor and materiaL Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 is 80%.year 2 is 601Y.,and subsequent years are 480A. Client Sig re and Date Botanica Signature and Date Thank you for hiring Botanica. We appreciate your business! Page 282 of 1299 BOTANICA Phone: (561) 266-0706 INTERIOR PLANT SERVICES Fax: (561)265-2010 6710 l=ast Rogers CircleBilling. (800)273-5807e Boca Raton, Florida 33487 ¢Bill to Name: 40 nton Beach Ling HaII Deliver to Name.same Address: 100 East Ocean Blvd Address:_ Bovnton Beach FL � , Contact: Matthew Dole Contact: — - ,-- - Phone:954-857-1688 Phone: Fax: Fax: DESIGN INFORMATION DATE 7/2/20 PLANT LOCATION TYe SIZPLANT TYPE COST CONT.QTY, CONT. 1 COLOR&TYPE COST See details an res 1-3 d All Vista E r - 6 _.._.. ❑TOTAL SEE NEXT PAGE❑ NOTES: Service 3 times per month,includes all replacement plants as needed ONE TIM FEES SERVICE INFORMATION I ❑ LIVE PLANT PURCHASE..... $ ❑ SILK PLANT PURCHASE..... $ WATER LOCATION: ❑ CONTAINER PURCHASE..... $ SERVICE TIMES: ❑ SHORT TERM RENTAL..... $ SERVICE DAY: ❑ DELIVERY&INSTALLATION..... $1500 LADDER: ❑ SPECIAL ITEMS,SEE NOTES..... $ HOSE: MONTHLY FEES KEY: �] LEASE Plants and containers $993 per month SPECIAL EQUIPMENT. ❑ GUARANTEEDMAINTENANCE..... $ ❑ MAINTENANCE ONLY..... $ SALES TAX VALL BE ADDED TO ALL FEES t Page 283 of 1299 130TAN, ICA INTERIOR PLANT SERVICES Phone: (561)266-0706 6710 East Roger Cirde Fax: (561)265-2010 Boca Raton, FL 33487-2649 Billing: (800)273-5807 Desn-Information Pa ve 1 Dater Plant Location Plant P t Cont.Qty, Cont. 1 Size T 3e Cost Color Cost all vista - - ,� First Floor Main Lobby Comers 2-17"Ma' 1 , Pothos 20" Main lobby Partitions 4-14" Bambo alm Main lobby Elevators 2-10"M ina% Zen Room 3-14" Alb. 4131d De tF M .Rooms 4-10"mass cane TV Status area 2-10"Drac. 125 Director 2-10"Cham 124 Storage 10" cat Co X,machine 10" elegance cane Next to electric 10"mass cane ` Makers ace Upstart 3-14" dram 132 Cust.Relations 2-IO" marinata - 133 Cust.Relations director 2-10"cat. m 2'd Floor Mezzanine 3-14"elegance cane I 2nd Floor Goode Steps 4-10"Sans.black kold I Libya Entrance 14"Mo Lib Reception 14" Mass cane 233 Lib Director 2-10"cat.palm Total Page 284 of 1299 BOTANICA INTERIOR PLANT SERVICES Phone: (561)266-0706 6710 East Roger Circle Fax: (561) 265-2010 Boca Raton, FL 33487-2649 Billing: (800)273-5807 Design Information Page 2 Date: 7/2/20 Plant Location Plant Cont.Qty, Cont. Size& e Color& TyTe Cost Boynton Beach City Hall - 31 Fluor - Lobbv 2-14"Adondia 14"Cordy-line All vista m� w - Under TV's f 4-10"Sans.Black gold Room 310 2-10" Cat Palm Room 311 2-10"ZZ Room 312 10"JCC comp to Room 318 10" Shefflera Amante Room 309 Matt 10" chem Room 320 2-10" Sunshine cane Room 319 10"Bamboo R elm Room 328 10"Cham Room 329 10 White bird Room 330 10" Mazraata Room 331 10"Ele mace cane Room 333 10" Scheflera Amate -_ - - - Room 335 10"Alo Room 2-10"Amate 41'Floor - - Outside Patio 2-14"Moonli ht Ph>lo 2-14"3X Robellini Palm Room 441 3-10"Sunshine cane Room 43 8 10"Fishtail elm Room 439 1'0" dnata Room 435 10" Cor line Room 430 10"Fishtail Palm Room 431 10"M inata V Room 433 2-10" Ele'ance cane ! Room 420 2-10"Bamboo Palm Room 409 Ci ILx. 2-10"Sunshine cane Room 408 City M 2-10"..E1e ante cane Room 415 2-10" Sunshine cane i Room 416 2-10" White bird Room 412 10" Max inata - - - Room 418 2-10" Fishtail palm Total Page 285 of 1299 BOTANICA Page 3 of 3 Phone: (561) 266-0706 Fax: (561)265-2010 Plant -. INTERIOR PLANT SERVICES Billing: (800)273-5807 346 SE 5�'Avenue -Plant- .,. (;oat.qty, Cont. Delray Beach Florida 33483 Size&Tlype Cost Color& Type Cost Boynton Beach Cit Hall 41'Floor continued Room 415 2-10 "ulasses cane all Vista Room 410 2-10" 1 inata Room 409 2-10"glqgn5Le cane cane Room 410 10" Sunshine cane Room 407 2-10"Mariata u Room 406 10"White bird Room 411 - _...._ ..... 10"eleagance cane l Room 402 2-10"Mar inata - Room 437 10"art cane Room 436 2-10"Fishtail 'tt Room 420 2-10"Amate - - - Room 440 10"A io „ Room 439 10”Areca 400 Lobb. 2-10"White bird 400 Lobby TV 4-10"Aglo. r' 3`d Floor Room 345 10"Cord line Room 325 10"Mar nata Room 341 10"Cordvline Conference Room 2-10"Amate Conference Room 2-10"Sunshine cane Conference Room ( 2-10"Mass cane�WY - , Commi'ton Parking rain chain-client supplied } 7- Notes: -- -- I! i — c I TOtSl i Notes: li Page 286 of 1299 Applicable to all Agreements: Pg 2 Boynton Beach City Hall 7=0 A) The ProposaUAgreement Form constitutes the entire understanding between the parties. S) This proposal Is valid for 30 days. After that availability and prices may vary. C) Containers have the possibility of leaking or harming surfaces in other ways. Botanica[871 Is not responsible In the event there is damage. D) If BT must hire an attorney to collect past due interest or principal,the client will pay for damage,costs,and attorney's fees E) If any provisions of this agreement are held invalid,illegal,or unenforceable,the remaining provisions wilt no way be affected or Impaired,and if possible,an Invalid,Illegal,or unenforceable provision will be limited or interpreted to the minknum extent necessary to cure fs defect. Client agrees that the exclusive venue of any suits or causes of action arising directly or indirectly from this agreement shall be In Sarasota County,Florida. ❑ Purchase Agreement$4500 delovery and imstall A) ST agrees to provide the listed items. B) Special order items can be canceled only If the client pays a penalty equal to half of the purchase price.Special order items are:Live plants over 10' tall,Silk plants over T tali,Decorative Containers other than wicker or plastic. Client Signature and Date 'Botanica Signature and Data ❑ Short Term Rental Agreement A) BT agrees to provide the listed items. They will be delivered on _�. (date)and picked up on (date). B) The client will be responsible for the theft or damage of any plant or container,At a cost of four times the rental price. C) The Client understands that placing the Rental Plants In the sun will cause damage. D) Clients who have not established an account with BT agree to pay ST prior to installation. Client Signature and Date Botanica Signature and Date Applicable to Lease.Guaranteed Maintenance and Maintenance only Agreements: A) BT will water,feed,trim,and clean the plants in a regular basis. B) ST will Inspect for and control insects and disease. C) Client will provide a healthy environment for the plants. This includes maintaining a temperature between 50.100 degrees,keep lights on for 8 hours a day and five days a week,prevent all others from moving plants or attempting to caro for them,allowing BT to service plants during normal business hours. D) Client will pay BT within the 30 days of billing. Any account balance over thirty days past due will have a 1.6%finance charge added per month. E) This Agreement will run for a period of twelve(12)months and will be automatically renewed unless written notice is received by ST thirty(30)days prior to the anniversary date. F) Clients with monthly fees of$500 or less will be billed quarterly. ❑ Lease Agreement Plants and Containers$833 per month A) Under the terms of this Agreement BT agrees to provide the Leased plants and/or decorative containers and replace any unhealthy plant with an exact or similar plant,provided the lack of health Is due to circumstances which BT could control. Leased plants and/or decorative containers can be identified by bar code and/or GreenScan reports. B) Under the terns of this Agreement the Client agrees to be responsible for replacement cost of any plant or container due to the above unhealthful acts, theft or acts of God. C) Under Terms of this Agreement both parties agree this Is an annual contact which has been divided into monthly payments. ST has invested in labor and materials. Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 is 84%,subsequent years are 76%. X_ _ X Client Signature and Date 13otanica Signature and Date ❑ Guaranteed Maintenance Agreement A) Under the temps of this Agreement 13T agrees to replace any unhealthy plant with an exactor similar plant provided the lack of health is due to circumstances which BT could control. B) Under the temps of this Agreement the Client agrees to be responsible for replacement cost of any plant or container due to the above unhealthful ads, theft or acts of God. C) Under the terms of this Agreement both parties agree at the end of this contract,plants and decorative containers that are the property of BT can be Identified by their bar codes. In the event that the bar codes are removed they will be Identified by a GreenScan Software Inventory Report. D) Under the terms of this Agreement both parties agree this is an annual contract which has been divided into monthly payments. BT has invested In labor and materials. Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 is 76%,subsequent years are 48°x6. X X Client Signature and Date Botanica Signature and Date ❑ Maintenance Only Agreement A) Under the terms of this Agreement both parties agree this Is an annual contract which has been divided into monthly payments.BT has Invested In labor and material.Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 Is 80%,year 2 is 60%,and subsequent years are 480A. Client Signature and Date Botanica Signature and Date Thank you for hiring Botanica. We appreciate your business! Page 287 of 1299 BOTAXICA Phone: (561)266-0706 INTERIOR PLANT SERVICES Fax: (561)265-2010 6710,East Rogers Cirde Billing: (800)273-5807 Boca Raton, Florida 33487 Bill to Name: BOXton Beach Cultural Center Deliver to Name: same Address: 125 East Ocean Ave Address: Boynton Beach FL Contact:Matthew_Doyle Contact: Phone 954-857-1688 ( Phone: a. bbfl.us Fax: I t I DESIGN INFORMATION DATE 7/2/20 PLANT LOCATION PLANT PLANT CONT.QTY, � CONT. mm TY,SIZE&TYPE COST COLOR&TYPE COST 102B 2-14"Ma nate 2-15"Vista 10�2A2-14'-'L rats 2-15"Vista , V Floor Fover east 14"Cham.Ho15"Vista � 131 Floor Foker west 14" Cham.Hood 15"Vista 1st Floor landing - 3-17"Cat. ahn 3-20"Vista 2-10"White bird 20"Vista ,�.....- ., . 14"Cham.Hooo. 15"Vista - 201 14"Cham.Hao 15"Vista , Theater ramps - 3-17"Adonidia Palm 1 3-20"Vista Theater loft wall 3-10"A 70 3--11"Vista 2°d Floor landing 17"White bird. '20"Vista side tables 2-10"W.palm 2-11"Vista ❑TOTAL SEE NEXT PAGE❑ NOTES: Service 3 times per month,replacements as needed are included ONE TIME FEES SERVICE INFORMATION ❑ LIVE PLANT PURCHASE..... $ 1 ❑ SILK PLANT PURCHASE..... $ WATER LOCATION: ❑ CONTAINER PURCHASE..... $ SERVICE TIMES: ❑ SHORT TERM RENTAL..... $ SERVICE DAY: ❑ DELIVERY&INSTALLATION..... $400 LADDER: ❑ SPECIAL ITEMS,SEE NOTES..... $ HOSE: I MONTHLY FEES KEY: ® LEASE Plants&Containers $436 per month SPECIAL EQUIPMENT: ❑ GUARANTEED MAINTENANCE..... $ ❑ MAINTENANCE ONLY..... $ SALES TAX WELL BE ADDED TO ALL FEES Page 288 of 1299 Applicable to all Agreements: Pg 2 Boynton Beach Cultural Centerl 7IV20 A) The ProposallAgreement Form constitutes the entire understanding between the parties. B) This proposal is valid for 30 days. After that availability and prices may very. C) Containers have the possibility of leaking or harming surfaces in other ways. Botanica(BT)is not responsible in the event there is damage. D) If BT must hire an attorney to collect past due interest or principal,the client will pay for damage,costs,and attorney's fees E) If any provisions of this agreement are held invalid,illegal,or unenforceable,the remaining provisions will no way be affected or impaired,and If possible,an Invalid,Illegal,or unenforceable provision will be limited or interpreted to the minimum extent necessary to cure its defect Client agrees that the exclusive venue of any suits or causes of action arising directly or Indirectly from this agreement shelf be in Sarasota County,Florida. Purchase Agreement$400 delovery and install A) BT agrees to provide the listed items. B) Special order items can be canceled only if the client pays a penalty equal to half of the purchase price.Special order Items are:Live plants over 10' tall,Silk plants over T tall,Decorative Containers other than wicker or plastic - — ,,, Client Signature and Date Botanica Signature and Date ® Shart Term Rental Agreement A) BT agrees to provide the listed items. They will be delivered on (date)and picked up on —(date). B) The client will be responsible for the theft or damage of any plant or container,,at a cost of four times the rental price. C) The Client understands that placing the Rental Plants In the sun will cause damage. D) Clients who have mat established an account with BT agree to pay BT prior to installation. �� = X Client Signature and Date Botanic&Signature and Date Applicable to Lease,Guaranteed Maintenance and Maintenance only Agreements A) ST will water,feed,trim,and dean the plants in a regular basis. B) BT will inspect for and control insects and disease. C) Client will provide a healthy environment for the plants. This includes maintaining a temperature between 50-100 degrees,keep lights on for 8 hours a day and fire days a week,prevent all others from moving plants or attempting to pre for them,allowing 13T to service plants during normal business hours. D) Client will pay BT within the 30 days of billing. Any account balance over thirty days past due will have a 1.5%finance charge added per month. E) This Agreement will run for a period of twelve(12)months and will be automatically renewed unless written notice is received by BT thirty(30)days prior to the anniversary date. F) Clients with monthly fees of$500 or less will be billed quarterly. ease Agreement Plants and Containers$436 per month ) Under the term of this Agreement BT agrees to provide the Leased plants and/or decorative containers and replace any unhealthy plant with an exact or similar plant,provided the lack of health Is due to circumstances which BT could control. Leased plants and/or decorative containers can be Identified by bar lode and/or GreenScan reports. B) Under the terms of this Agreement the Client agrees to be responsible for replacement cost of any plant or container due to the above unhealthful acts, theft or acts of God. C) Under Term of this Agreement both parties agree this is an annual contact which has been divided into monthly payments. BT has invested in labor and materials. Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 is 840/6,subsequent years are 76%. .G X_ Client Signature and Date Botanica Signature and Date ❑ Guaranteed Maintenance Agreement A) Under the terms of this Agreement BT agrees to replace any unhealthy plant with an exactor similar plant provided the lack of health Is due to circumstances which BT could control B) Under the terms of this Agreement the Client agrees to be responsible for replacement cost of any plant or container due to the above unhealthful acts, theft or ads of God. C) Under the terms of this Agreement both parties agree at the end of this contract,plants and decorative containers that are the property of BT can be Identified by their bar codes. In the event that the bar codes are removed they will be identified by a GreenScan Software inventory Report. D) Under the terms of this Agreement both parties agree this Is an annual contract which has been divided into monthly paSm'mert& BY has invested In labor and materials. Early cancellation of the contract requires the client to pay remainder of the monthly fees as follows:year 1 is 78%,subsequent years are 48%. X Client Signature and Date Botanica Signature and Date ® Maintenance Only Agreement A) Under the terms of this Agreement both parties agree this is an annual centrad which has been divided into monthly payments.BT has invested in labor and material.Early cancellation of the contract requires the Client to pay remainder of the monthly fees as follows:year 1 is 80%,year 21s 600A,and subsequent years are 48%. X+ Client Signature and Date Botanica Signature and Date Thank you for hiring Botanica. We appreciate your business! Page 289 of 1299 Quote '4&y -4wvmbius Attn Mr Doyle Boynton Beach City Hall and Library ;w 100 Ocean Ave BOYNTON BEACH FL 33435 s,5 Quote 0240245 Date August 13,2020 Product Interior Landscaping Regarding Rental Amount 1 CULTURAL CENTER-1st Floor Elevator landing-In hallway across elev. 1 Grand Square Container Gloss White(17x17x16.5) 1 Strelitzia Nicolai( 12) 2 Grand Square Container Gloss White( 17x17xl6.5) 2 Strelitzia N!colai(10) One Strallzia across elevator. Two Spath on lett&right side Strellzia,covering outets. 2 CULI[j L CENTER-1 st Floor Side T&M-Nea IQ tables. 2 Grand Square Container Gloss White(7x7x6.8) 2 Aglonema Siam(6) 3 CULTURAL CENTER-1st Floor Foyer(Eat&West)-at top of stens.one Bach. 2 Grand Square Container Gloss White(17x17x16.5) 2 Chamaedorea Erumpens(12) 4 CULIIA L CENTER-1st Floor- 102A In comgr. 1 Grand Square Container Gloss White( 17x17x16.5) 1 Janet Craig Cane 3-2-1 ( 10) 5 QUrtU,RAL QENTER-1st Floor-102B-In r&EngL 1 Grand Square Container Gloss White(17x17x16.5) 1 Janet Craig Cane 3-2-1 ( 10) 6 CI&JURAL CENTER-213d-Floor Elevator landing-In hallway ac ss_elev. 1 Grand Square Container Gloss White( 17x17x16.5) 1 Strelitzia Nicola!(12) 2 Grand Square Container Gloss White( 17x17x16.5) 2 Strelitzia Nicolai(10) One StreAzla across elevator Two Spath on left&right side Strelhfa,covering oulets. 7 CULTURAL CENTER-.2nd Floor Side Tablfm-NjW to tables 2 Grand Square Container Gloss White(7x7x6.8) 2 Aglonema Siam(6) Presented by Roberto Soto•Sales and Design Consultant•robertoxakt amblusxom•(854)651-7835 Amblus •4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33512 • Phone:954.961.4700 • Fax 954.961.4841 • wwwAmblue.com Home Office:Rentokil North America,Inc. • 1125 Berkshire Blvd.,Suite 150 • Wyomissing,PA a 19610 Page 290 of 1299 Quote a"" r Code 0240245 U1 1 bus Date August 13,2020 Amount 8 CULTURAL CENTER-2nd Floor-Clas=g201-In .comer. 1 Grand Square Container Gloss White( 17x17x16.5) 1 Chamaedorea Cateracterum( 14) 9 O(„I„IRAL CENTER-2nd Floor-#204-In comer. 1 Grand Square Container Gloss White(17x17x16.5) 1 Chamaedorea Cateracterum(14) 10 CULTUR& ,;,)VIER-Inside Theater-(Wo Wall-cenlum 3 Grand Tall Square Container Gloss White( 16x16x30) 3 Chamaedorea Serfrizii( 14) 11 CULTURAL CENTER-_laside Theater-Next to ramps, in corners at end of eacttffimp. 3 Grand Square Container Gloss White(20.4x20.4x19.7) 3 Adonidia Palms Multi Trunks(14) 12 CITY HALL-1 -1st Floor-Main Lo bu Comers 2 Essential Square Container Matte White(304N26) 2 Chameadoria Hooperiana(22) 13 CITY HALL-100 East-1st Floor-Main Lobby-Partitlons: 4 Grand Square Container Gloss White( 17x17x16.5) 4 Chamaedorea Erumpens(12) 14 CITY HALL-100 East-1st Floor-Main Labby-Elemiilors 2 Grand Square Container Gloss White( 12.5x12.5x12.1 ) 2 Drac Marginata Cutback(10) 15 CITY HALL-100 Er'1jt-1st Floor-#104 Zen_.Room-In corners 3 Grand Square Container Gloss White( 17x17x16.5) 3 Drac Massangeana Stump( 12) 16 CITY HALL-100 East-1 sloar-In a cll meeting rooms:[411 an each. 4 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 4 Drac. Rikki Cane 4-3-2(10) 17 CITY HALL- 00 East-1st Floor--TV Satatus update area-Left.&right side of TV. 2 Grand Square Container Gloss White( 12.5x12.5x12.1 ) 2 Drac Massangeana Cane( 10) 18 CITY HALL- 1jst-1st Floor-#125 Director Office-Comerg 1 Grand Square Container Gloss White(17x17x16.5) 1 Chamaedorea Seifrizii(10) 1 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 1 Chamaedorea Cateracterum( 10) Presented by Robarbo Soto•Sales and Design Consultant a roberto.soto@amblus.com®(954)651-7835 ISM Ambius a 4140 SW 30th Ave., Suite 100 a Fort Lauderdale,FL • 33312 a Phone:954.961A700 • Fax 954.081.4801 • www.ambius.com Home Office:Rentokil North Amefte,Inc. • 1125 Berkshire Blvd.,Suite 160 • Wyomissing,PA • 19610 Page 291 of 1299 Quote Code Q240245 U1 bius Date August 13,2020 Amount 19 CITY HALL-100 East-lit Fla l--Offgial Office Exterior#124 end 91 hallway. 1 Grand Square Container Gloss White( 17xl7x16.5) 1 Drac. Elegance Cane( 10) 20 Q1IY�I_100 East-1st F192r-PljgCd Dog to c py-machine- 1 ac ine.1 Grand Tall Vase Gloss White(30x15.5) 1 Rubber Plants(14) 21 GIIIY LL-100_East-1st Floor-Plaoed on left Aedr,of Clectrar.room door. 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 1 Drac Anita(10) 22 HA_LL_100 ast-1st Floor-Markt c g jtart Ama 3 Grand Square Container Gloss White( 17x17x16.5) 3 Chamaedorea Seifrizii(12) 23 CITY HALL-100 East-1s Floor-Room 132 QMMMer Relat. Managme In comer 1 Grand Tall Square Container Gloss White(11.9x11.9x22.2) 1 Aglo Emb Beauty/Maria(10) 1 Grand Square Container Gloss White( 17x17x16.5) 1 Drac Anita(10) 24 QITY HALL-100 East-1st Floor-Room#133 Customer Relat. Director-In comer 2 Grand Square Container Gloss White(17xl7x16.5) 2 Chamaedorea Cateracterum ( 14) 25 CITY HALL72nd Floor-Mezanine area-Against glass railing_(centeredl 3 Grand Square Container Gloss White( 17x17x16.5) 3 Tarzan Tree(14) 26 CITY HALL-2nd Floor-Goggle Steps-At tog(2 on each side) 4 Grand Square Container Gloss White( 12.5x12.5xl2.1 ) 4 Sansevieria Black Gold(10) 27 CITY HALL-2nd Floor-Inside librarg:Nta check Point entrance. 1 Grand Square Container Gloss White(17x17x16.5) 1 Kentia Howea Forsteriana( 12) 28 CITY HALL-2nd Floor-Inside lib ►Ot- a MRlgn-Centered in wall. 1 Grand Square Container Gloss White(17xl7x16.5) 1 Drac. Elegance Cane( 12) 29 CITY HALL-2nd Floor-Insjdgl libraM-R ption-Centered!a wall, 2 Grand Square Container Gloss White(17x17x16.5) 2 Chamaedorea Cateraeterum(14) Presented by Roberto Soto•Sales and Design Consultant a roberto.soto@amblue,com•(954)651-7835 Amblus •4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33312 • Phone:954.981.4700 • Fax 954.961.4801 • www.amblus.corn Home Office:Rentoldl North America,Inc. • 1125 Berkshire Blvd.,Suite 150 ■ Wyomissing,PA • 19610 Page 292 of 1299 Quote � � pmmbius Code Q240245 Date August 13,2020 _ Amount 30 CITY HALL-3er Floor-Lobby-Near Elevator-in comer. 1 Grand Square Container Gloss White(17x17x16.5) 1 Black Cordyline( 12) 31 CITY HALL-3er Elm-Floor BalconX-Centered of windows. 2 Grand Square Container Gloss White(17x17x16.5) 2 Adonidia Palm Mufti(14) 32 CITY HALL-3er Floor-R otion area--Below 2 M. 4 Grand Square Container Gloss White(12.5x12'.5x12.1 ) 4 Sansevieria Black Gold(10) 33 CITY HALL--kr Floor-Mal 0 Flaming Oirector.Offim 2 Grand Square Container Gloss White(17x17x16.5) 2 Chamaedorea Cataratum( 12) 34 CITY HALL-3er Floor-#311 Conftrence in comers. 2 Grand Square Container Gloss White( 17x17xl6.5) 2 Chamaedorea Seifrizii(12) 35 CITY HALL-3er Floor-#312-la cofper.. 1 Grand Square Container Gloss White( 12.5x12.5x12.1 ) 1 Tarzan Bush(10) 36 CITY HALL-3er Flitr-#31$-In og mer_ 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 1 Tarzan Bush( 10) 37 CITY HALL-3er Floor-#309-At column (MAtt Office). 1 Grand Square Container Gloss White(17x17x16.5) 1 Chamaedorea Seifrizii(12) 38 CITY HALL-3er Floor-#319-In coEUQL 1 Grand Square Container Gloss White( 12.5x12.5x12.1 } 1 Rikki Cane 3-2-1 (10) 39 CITY HALL73er Floor-#328-In comer. 1 Grand Square Container Gloss White(17x17x16.5) 1 Marginate Flat Weave(12) 40 CITY HALL-3er Floor-#329=ln corner. 1 Grand Square Container Gloss White(17x17x16.5) 1 Marginate Flat Weave(12) 41 CITY HALL-aer Floor-#330-In comer. 1 Grand Square Container Gloss White( 12.5x12.5x12.1 ) 1 Rikki Cane 3-2-1 ( 10) Presented by Roberto Soto•Sales and Design Consultant•roberto.sotoCamblus.com•(964)651-7835 Amblus •4140 SW 30th Ave., Suite 100 • Fort Lauderdale.FL a 33312 • Phan:954.961.4700 • Fax 954.961.4801 • www.ambius.com Home Office:Rentokil North America,Inc. • 1125 Berkshire Blvd.,Suite 150 • Wyomissing,PA • 19610 Page 293 of 1299 Quote Code 0240245 -O"mbius Date August 13,2020 Amount 42 CITY HALL_-3 {gor-#331 -In comer. 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 1 Tarzan Bush ( 10) 43 CITY HALL-Ser Floor-9333-In corner. 1 Grand Square Container Gloss White(17x17x16.5) 1 Chamaedorea Seifrizii( 12) 44 CITY HALL-3er Floor-#33§-all o[ er. 1 Drac Anita(10) 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 45 CITY HALL!!3er Floor-#.M-In corner. 1 Grand Tall Square Container Gloss White(11.9x11.9x22.2) 1 Aglo Stripes(10) 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 1 Drac. Elegance Cane( 10) 46 CITY HALL-3er F xx-A -In comer. 1 Drac Anita(10) V6 1 Grand Square Container Gloss White(12.5x12.5x12.1 } 47 CITY HALL-3er Floor-Canb fence Raom 1. 2 Grand Square Container Gloss White(17x17x16.5) 2 Drac. Elegance Cane(12) 48 CITY HALL-Ser Floor-Conference Room 2 2 Grand Square Container Gloss White(17x17x16.5) 2 Drac.Elegance Cane( 12) 49 CITY HALL-3er Fidor-Conference Eggm a 2 Grand Square Container Gloss White(17x17x16.5) 2 Drac. Elegance Cane(12) 50 CITY HALL-3er Floor-#325-In corrierr. 1 Drac Anita(10) 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 51 CITY HALL-3er Floor-#341 -In gQMer. 1 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 1 Aglo Stripes(10) 52 CITY HALLAth Floor-1,09-Cb Manager Conference 1 Grand Square Container Gloss White(17x17x16.5) 1 Kentis Howea Forsteriana(12) Presented by Roberta Soto a Sates and Design Consultant•roberto.soto@ambius.can®(954)651-7835 3 P r 1 «F \114 t z S40;M- Ambius a 4140 SW 30th Ave., Suite 100 a Fort Lauderdale,FL a 33312 a Phone:954.961.4700 a Fax:954.961.4801 a www.amblus.com Home Office:Rerrtoldl North America,Inc, o 1125 Berkshire Bwd.,Suite 150 a Wyomissing,PA a 19610 Page 294 of 1299 Quote imarnbius Code 0240245 Date August 13,2020 Amount 53 CITY HALL-4th Floor-#408-City Manager Office 2 Grand Tall Square Container Gloss White( 16x16x30) 2 Drac Limelight( 14) 54 CITY HAL -4 h Floor-#407-In miner. 2 Grand Square Container Gloss White(17x17x16.5) 2 Ficus Lyrata( 14) 55 CITY HALL-4th Floor-#410-In corner. 2 Grand Square Container Gloss White( 17x17x16.5) 2 Ficus Lyrata(14) 56 CITY HALL-4th-Floor-#412-In corner. 1 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 1 Aspidistra Elatior Var( 10) 57 ,ARTY H&L-4th Floor-#411- n comer. 1 Grand Square Container Gloss White(12.5x12.5x12.1 ) 1 Drac Lisa( 10) 58 CITY HALL-Oh E)Qor-.#_406-Assistant City Managm-In comer 1 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 1 Tarzan Staggered Cutback Cane(10) 1 Grand Square Container Gloss White(17x17x16.5) 1 Chamaedorea Cateracterum(14) 59 CITY HALLS h Elpor-#402-In Comer. 1 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 1 Drac Marginata Braid(10) 1 Grand Square Container Gloss White( 17x17x16.5) 1 Chamaedorea Cateracterum(14) 60 CITY HALL-4th Floor- 15-,3 comers. 1 Grand Tall Square Container Gloss White( 11.9x11.9x22.2) 1 Aspidistra Elatior Var( 10) 1 Grand Square Container Gloss White(17x17x16.5) 1 Drac. Elegance Cane(10) 61 CITY HALL-40 Floor-#415-Assistant City'Manaaer-In cg[ag[ 1 Grand Tall Square Container Gloss White(11.9x11.9x22.2) 1 Aglo Silver Bay(10) 1 Grand Square Container Gloss White( 17x17x16.5) 1 Chamaedorea Cateracterum( 14) Presented by Roberto Soto•Sales and Design Consultant•roberto.soto@amblus.com®(954)651-7835 Ambius a 4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33312 • Phone:954.961.4700 ® Fax 954.961.4801 • www.ambkis.com Home Office:Rentokil North Amefte,Inc_ a 1125 Berkshire Blvd.,Suite 150 • Wyomissing,PA a 19610 Page 295 of 1299 Quote Code ®240245 U lt*rl i s Date August 13,2020 - — Amount 62 CITY HALL-4th Elogr-#JZ,Q_In Carrier. 1 Grand Tali Square Container Gloss White(11.9x1 1.9x22.2) 1 Drac Marginata Braid(10) 1 Grand Square Container Gloss White( 17x17x16.5) 1 Chamaedorea Cateracterum(14) 63 CITY HALL-4th Floor-#NQ-L.obby-.Tables 2 Grand Square Container Gloss White(7x7x6.8) 2 Aglonema Siam(6) 64 CITY HALL-4th Floor-#40Q-RMWign area-Below 2 Ns. 4 Grand Square Container Gloss White(12.5x12.5x12.1 } 4 Sansevieria Black Gold(10) 65 M...HALL-4th Floor-#441 -ranfomoce-In Corners. 3 Grand Square Container Gloss White(17x17x16.6) 3 Janet Craig Staggered (12) 66 GITY HALLAth Floor-#440-In ggMer, 1 Grand Square Container Gloss White(17x17x16.5} 1 Drac Costaricana Cane( 12) 67 CITY HALL-4th Floor-#439-113 gg[n@r, 1 Grand Square Container Gloss White( 17x17x16.5) 1 Aglo Silver Bay(14) 68 CITY HALL-4th Floor-#438-In corner. 1 Grand Square Container Gloss White(17x17x16.5) 1 Aglo Silver Bay(14) 69 CITY.HA I-4th Floor-#437-In gg er_ 1 Grand Square Container Gloss White( 17x17x16.5) 1 Drac Wameckei Cane(12) 70 CITY HALL-4th Floor-#435-In corner. 1 Grand Square Container Gloss White(17x17x16.5) 1 Drac Lisa(10) 71 CITY HALL-4th Floor-#436- Cgo fgrence-In corners., 1 Grand Square Container Gloss White(17x17x16.5) 1 Drac Warneckei Cane(12) 72 CITY HALL-4th Floor-#4aa-in Comers.. 2 Grand Square Container Gloss White(17x17x16.5) 2 Janet Craig Staggered(12) Presented by Roberto Soto•Sales and Design coneuitant®raberto.sotonambkue.com•(954)651-7835 Ambius •4140 SW 30th Ava., Suite 100 • Fort Lauderdale,FL • 33312 • Phone:954.961.4700 • Fax 954.981.4801 • www ambius.com Home Office:Rentokil North America,Inc. a 1125 Berkshire Blvd.,Suite 150 a Wyomissing,PA • 19610 Page 296 of 1299 Quote " ----mbiu Code 0240245 su Date August 13,2020 Amount 73 CITY HALL-4th Floor-Seating area#418-Right&left side of couch 2 Grand Tall Square Container-Gloss White(1 1.9x1 1.9x22.2) 2 Drac. Giganta( 10) 74 CITY 86LL-4th Floor-#4Q-113 pgMCM, 1 Grand Square Container Gloss White(17x17xl6.5) 1 Drac Wameckei Cane( 12) 75 CITY HALL-41h Floor-#431 -In comer. 1 Grand Square Container Gloss White(17x17x16.5) 1 Chamaedorea Seifrizii(12) 76 CITY HALL-4th Flo-or -Balcony-On each comer against_railing,, 2 Grand Square Container Gloss White(20.4x20.4x19.7) 2 Phoenix Roebelenii Mul(17) 2 Black Mulch Bags 77 CITY HALL-4th Floor-Balcony-Against glass -Centered windows. 2 Grand Square Container Gloss White(20.4x20.4x19.7) 2 Bugambilias Trellis(10) 8 Scindapsus Golden Pothos(4} 2 Black Mulch Bags BI-WEEKLY SERVICE INCLUDED GUARANTEED PLANTS SERVICE./F PLANTS ARE NOT DOING WELL,WE WILL REPLACE THEM AT NO EXTRA CST FOR THE 4" SAME PLANT OR SAME PRICE. _ Rental amount per month l 3,277.67 i One time charge for delivery and installations 900.00 These prices exclude applicable taxes and are valid until 10/12/20 al" t Presented by Roberto Soto•Sales and Design Consultant•roberlo.soto@ambius.com•(954)651-7835 T72= 11!111 Amblus •4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33312 a Phone:954.981.4700 a Fax 954.961.4801 • www.ambius.com Home Office:Rentokil North Arnerica,Inc. • 1125 Berkshire Blvd.,Suite 150 a Wyomissing,PA • 19610 Page 297 of 1299 MONTHLY RENTAL AGREEMENT ornblus AGREEMENT."Customer"and Rentokil North America,Inc.d/b/a Amblus("Company")agree to the following terms and conditions in connection with the Services indicated on this agreement(hereinafter collectively referred to as"Agreement").This Agreement and its Quote/Service Specifications(0,240245)constitute the entire agreement between the parties with respect to the subject matter and replaces any prior agreements or understandings,whether in writing or otherwise.This Agreement may not be modified or amended except by written agreement executed by both parties.In the event that any provision of this Agreement is determined to be void,invalid or unenforceable,the validity and enforceability of the remaining provisions of this Agreement shall not be affected. Ambius proposes to: Rent the plants and containers on the attached list for$3,277.67'per month. Charge for delivery and installation is$900.00*.. *These prices exclude applicable taxes. STANDARD OF CARE.Company will use its professional expertise to deliver all Items and services as further described and specified, for the prices set forth on the attached Quote/Service Specifications. Ambius will provide all service necessary to maintain the health and appearance of the plants and/or replicas,including watering,fertilizing,pruning,trimming,insect and disease treatment, cleaning and dusting,as appropriate for the plant or replica. CUSTOMER RESPONSIBILITIES.Effective service requires the cooperation of the Customer.The Customer,therefore,warrants full cooperation with Company during the lifetime of this Agreement.Cooperation includes(based on Service)avoiding temperature extremes,changing light levels after installation,preventing malicious or accidental damage by third parties,and/or interference by Customer's employees in the maintenance of provided material.Note that Company is not responsible for damage or harm to walls or structures,to the extent any material is required to be removed or taken down after being attached.The Customer agrees to give Company complete or reasonable access to all areas,as may be required to enable effective service and maintenance,including Individual units of multi-unit residential structures.In order to maintain the performance of the products being provided,Customer may be required to provide access to water and electric hook-up during all business hours. MODIFICATION.Any deviation from the requirements outlined that involve extra cost of material and labor will result in extra charges.If conditions require Company to use specialized equipment or products to control the problem(s),Company shall advise the Customer of the additional costs. WARRANTY.If a plant becomes thin,weak,overgrown or otherwise unattractive,it will be replaced with the same or similar plant type of the size specified in the contract. For Equipment and Products,manufacturer warranties apply;there is no further warranty from Company on Products,Equipment or Service.Certain Services may carry limited Company warranty;refer to Service definition. RIGHT TO SUBCONTRACT.Company,In its sole discretion,may subcontract or delegate to an affiliate or third parry any of its duties and obligations hereunder. OWNERSHIP AND REPLACEMENT OF EQUIPMENT,All equipment,devices and components are property of and/or remain property of or under the control of the Company.Company will replace rental devices and components as required,except for those items lost or damaged due to Customer's neglect,in which event,the Customer will be responsible for replacement cost.Company will be granted access to the Customer's location to recover equipment,devices and components at the expiration of this Agreement,or at any time an amount due from the Customer to Company is more than sixty(60)days beyond due date.Should the Quoted program require custom or special-order items,once ordered,these items are considered non-retumable and non-refundable.If Customer cancels this Agreement before the end of the Term currently in effect,full purchase price of items is due to Company.To the extent that Customer cancels this Agreement prior to the expiration of the term then in effect,for no fault of Company,Customer may be required to pay up to 50%of the amount to be invoiced for the remainder of that term.This amount constitutes liquidated damages and nota penalty,and is in recognition of the difficulty for Company to establish the amount of damages or costs for any such early termination. FORCE MAIEURE.Company shall not be liable for any delay or failure in performing the services due to any cause beyond its reasonable control .INSURANCE.Public liability and property damage insurance against injury to members of the public from accidents that may arise from operations will be carried by Company,and evidence of insurance will be issued to the Customer upon request. LIMITATION OF LIABILITY.Company will be responsible for only those damages,claims,causes of action,injuries or legal costs caused by its own direct negligence or misconduct,but then only to an amount not to exceed the annual fees charged under this Agreement. CHOICE OF LAW.Any and all disputes,claims or lawsuits related to this Agreement or to the services shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. CLASS ACTION WAIVf_.Where permitted under the applicable law,Customer and Company agree that each may bring claims against the other only in each Party's individual capacity and not as a plaintiff or class member in any purported class or Ambius •4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33312 • Phone:954.961.4700• Fax:954.961.4801 • www.ambius.com Home Office:Rentokil North America,Inc. • 1125 Berkshire Blvd.,Suite 150 • Wyamissing,PA • 19610 Page 298 of 1299 MONTHLY RENTAL AGREEMENT representative action.Unless Customer and Company both agree,no action,or court of law,may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. NDATORY ARBITRATION.Claims,disputes and other matters in question between the parties to this agreement,arising out of or relating to the agreement or warranty,shall be submitted to arbitration by a single,neutral arbitrator. )NTELLECTUAL PROPERTY.Except as expressly set forth herein,between Company and Customer,each is and shall remain the owner of all Intellectual Property that it owns or controls as of the Effective Date,or that it develops or acquires thereafter.This shall be binding upon all successors of the Customer's business. DATA SECURITY.Company may provide Customer with access to Company's online and digital tools to store service reports and visit history,or other applications that may be developed,to give Customers access to their Service Information,if applicable to the Services in this Agreement.While Company follows standard procedures to secure systems and Customer data,including securing online tools and applications through the use of hashed passwords,HTTPS encryption and a secure data center,Customer confirms and acknowledges that: a. Company and/or any of its subsidiaries are not responsible for the Integrity or confidentiality of Customer's access credentials.Customers are encouraged to take precautions to secure login Id's and passwords. b. All usage rights to Company's online or digital tools are immediately discontinued upon the Customer's termination of the Service Agreement. c. The Customer agrees to indemnify,defend,and hold Company harmless from any claims arising out of,or connected or associated with the use of Company's online and digital tools,including but not limited to,any claims arising from Internet hacking. d. This agreement shall be binding upon all successors of the Customer's business. Refer to Legal Statements and Privacy Policies as posted on online tool Web Sites for additional information. TH BD PARTY AND MARK NG DISCLOSURE.The Customer agrees to permit Company to use the Customer's name and contact Information for sharing with Company's business partners. Company will never sell this data.It is to be used to improve the Customer's experience with Company.Additionally,unless Customer notifies Company otherwise or opts out,Customer agrees to and accepts the receipt of periodic marketing and sales information relating to Company's service offerings. ANTI-BRIBERY AND ANTI-CORRUPTION.Each party represents that neither it nor anyone acting on its behalf has offered,given,requested or accepted any undue financial or other advantage of any kind in entering into this Agreement,and that it will comply with applicable laws and regulations pertaining to corruption,competition and bribery in carrying out the terms and conditions of this Agreement. TERM.This Agreement will be for a 36-month term unless otherwise set forth on Quote/Service Specifications.The Agreement will renew automatically for successive one-year terms thereafter,unless either party provides the other with written notice before the expiration of a term then in effect. TERMINATION.Agreements may be terminated by either party with 30 days written notice,providing all accounts are current.See Ownership and Replacement of Equipment for further ramification of termination for Services that have Term other than month-to- month.In cases of Customer nonpayment or entering bankruptcy or insolvency per the Bankruptcy Code,Company reserves the right to terminate the Agreement upon immediate written notification. PRICING.The initial price for services is set forth in the specifications of this Agreement.Company reserves the right to annually increase the amount charged for the services,which shall be communicated by written notice to Customer,which notice may be by invoice. PA VVIENL Services and items set forth on Quote/Service Specifications will be invoiced upon completion/delivery.Subsequent services will be invoiced in accordance with the Agreement and payment plan selected by Customer.if a service date has been mutually agreed upon by Company and the Customer,It will be the Customer's responsibility to pay for service if Company has attempted to render service at the Customer's property.Payments for services are due within thirty(30)days from the date of each Invoice.Customer agrees to remit payment in one of the acceptable,forms of payment detailed in the Agreement or invoice.In the event full payment Is not made within thirty(30)days after invoicing,a finance charge per month will be added to the unpaid balance,up to the maximum allowed by law.Late fee charges may also be applied.Additionally,the Customer is responsible for all collection costs,including reasonable attorneys'fees,for any invoices not paid by the due date.Any check returned for any reason, will result in a fee in the amount charged by Company's bank.Should it become necessary to temporarily discontinue a periodic service due to causes beyond the Company's control,it is agreed that the periodic payments due under this agreement will be suspended until service is resumed,and that such temporary discontinuation of service will,in no way,breach this agreement. Amblus •4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33312 • Phone:954.961.4700 • Fax:954.961.4801 • www.ambius.eom. Home Office:Rentokil North America,Inc. • 1125 Berkshire Blvd.,Suite 150 • Wyomissing,PA • 19610 Page 299 of 1299 a MONTHLY RENTAL AGREEMENT Customer may cancel this transaction at any time prior to midnight on the 3rd business day after the date of this transaction with a full refund of payment. Acceptance c f Agreement The above Quote and Agreement are hereby accepted,including Terms and Conditions. For i s; Foir Customer: Date: Date., Signature: i tur : Printedname: Roberto Soto Printed name: Title: Title: Customer illi information 7 T xexe tY sNo Boynton Beach City Hall and Library Tax I : � �. --- --- ._.._.n� � . =.r. ,..... 100 Ocean Ave Address- BOYNTON BEACH FL 33435 Quote : Telephone: 5617426010 Email: doylerrifto.ul Customer is Location Information Matthew l CBoynton Beach City Hall and Library 100 Ocean Ave Address: E FL 33435 Telephone: 9548571688Email: doylemObbfl.us Amblus •4140 SW 30th Ave., Suite 100 • Fort Lauderdale,FL • 33312 • Phone:954.961.4700 • Fax:954.961.4801 • warw.ambius. M Home Office:Rentokil worth America,Inc. • 1125 Berkshire Blvd.,Suite 15o • Wyomissing,PA • 19610 Page 300 of 1299 ADDENDUM TO PLANT CA-E LEASI,N9j, MAINTENANCE AGREEMENT THIS ADDENDUM made this day of``' . 2020 (herein "Addendum") shall be considered as part of the Plant Care Leasing / Maintenance Agreement, by and between the CITY OF BOYNTON BEACH, FLORIDA,a municipal corporation organized and existing under the laws of the State of Florida,with a business address of 100 East Ocean Ave,Boynton Beach,FL 33435 hereinafter referred to as "CITY", and FIDO AND FAMILY, LLC a Florida limited liability company, d/b/a PLANT'CARE, with a business address of 2954 West 84h St., Hialeah, FL 33028 ("PLANT CARE"). CITY and PLANT CARE may each be referred to herein as"Party'and collectively referred to herein as"Parties". WITNESSETH: WHEREAS,the Parties hereto desire to supplement the requirements of the Plant Care Leasing/ Maintenance Agreement with the terms and conditions set forth herein;and, WHEREAS,the Parties agree that the Plant Care Leasing/Maintenance Agreement("Agreement") is modified such that the terms and provisions set forth herein shall be in addition to or to the extent of any conflict,the provisions herein shall take precedence. NOW,THEREFORE,the Parties agree the following provisions shall become an integral part of the Agreement between the Parties as follows: 1. Term and Termination. The term of agreement shall be for one (1) year and may automatically renew unless terminated by either party. Either party may terminate this Agreement for convenience upon providing thirty (30) days written notice to the non terminating party. Upon termination,PLANT CARE shall be responsible for removal of plants from CITY property at no cost to the CITY within sixty(60)days of termination. 2. Co sensation and Scone of Services.PLANT CARE agrees to perform the services more particularly described in the scope of work prepared by PLANT CARE for CITY, attached hereto as Exhibit"A", and by this reference made a part hereof, at CITY Hall and CITY's Cultural Center. CITY agrees to compensate PLANT CARE for all good and services provided pursuant to the Agreement monthly. Pursuant to the terms of Agreement and contained herein, City shall be responsible for a one time installation fee of one thousand two hundred fifty dollars ($1,250.00) and an initial pottery purchase fee of seven thousand nine hundred and sixty dollars ($7,960.00). The total annual compensation(excluding installation and pottery fees)to be paid by CITY to PLANT CARE for services and plants rendered shall not exceed twenty thousand two hundred and twenty dollars ($20,220.00). Invoices sent to CITY shall contain dates of service,a summary of fees,a description of any services provided,and anything else reasonably required by CITY.Should It become necessary to invoice CITY pursuant to Section 9 of Agreement, for any damage caused to PLANT CARE's plants such charge must be Identified In the applicable invoice and CITY shall have the ability to dispute such charge within thirty (30) days of receiving PLANT CARE's Invoice by providing PLANT CARE written notice of such dispute. PLANT CARE must gain CITY's prior written consent before engaging any subcontractor to perform services required by the Agreement; such consent shall not be unreasonably withheld. 3. Modification or Amendment. CITY or PLANT CARE may request changes that would increase, (004012se.2 30"WI ) 1 Page 301 of 1299 decrease, or otherwise modify the scope of services, as described in Exhibit "A ", to be provided pursuant to Agreement. These changes may affect the monthly compensation accordingly. Such changes or additional services must be in accordance with CITY policy and must be contained in a written amendment, executed by the Parties hereto prior to any deviation from the terms of the Agreement, including the initiation of any additional or extra work. In no event will PLANT CARE be compensated for any work or plants, which have not been described in Exhibit "A" or in a separate written agreement executed by the Parties hereto 4. Indemnification. PLANT CARE shall hold CITY harmless and indemnify CITY, its elected and appointed officials,employees,and agents,from liability, losses, damages,including attorney's fees and costs of defense which may incur as a result of(a)any and all actions brought by third parties related to CITY's use of PLANT CARE's plants, planters,or services, (b) liability arising from any acts or omissions, intentional wrongful misconduct, negligence, or recklessness during performance of the Agreement by PLANT CARE and It's employees, agents, or subcontractors, (c) any liability resulting from PLANT CARE's failure to maintain proper insurance, and (d) damages arising from or related to breach of Agreement by PLANT CARE. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and. S. Governing Law and Venue.The Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The venue for any and all actions or claims arising out of or related to the Agreement shall be in Palm Beach County,Florida. 6. Insurance. PLANT CARE shall maintain at PLANT CARE's expense all necessary Insurance in such form and amount as required by CITY's Risk Management Department before performing pursuant to Agreement including, but not limited to, Commercial General Liability, and all other insurance as reasonably required by CITY. PLANT CARE shall maintain such insurance in full force and effect during the life of the Agreement. PLANT CARE shall provide to the CITY's Risk Management Department certificates of all insurances prior to beginning any work under the Agreement. PLANT CARE will ensure that all subcontractors comply with CITY's insurance guidelines and will retain all necessary insurance in force throughout the term of the Agreement. 7. Public Records. The CITY is public agency subject to Chapter 119, Florida Statutes. PLANT CARE shall comply with Florida's Public Records Law. Specifically,PLANT CARE shall: 7.1 Keep and maintain public records required by the Crryto perform the service; 7.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law; 7.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the Agreement, PLANT CARE shall destroy all copies of such confidential and exempt records remaining in its possession after PLANT CARE transfers the records in its possession to the CITY;and 7.4 Upon completion of the Agreement, PLANT CARE shall transfer to the CITY, at no cost to the JWM259.1 2 Page 302 of 1299 CITY,all public records in PLANT VEIW's possession. All records stored electronically by PLANT VIEW must be provided to the CITY, upon request from the CITY's custodian of public records,in a format that is compatible with the information technology systems of the CITY. 7.5 The failure of PLANT CARE to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the City may terminate the Agreement. IF PLAT CARE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PLANT CARES DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS T: CRYSTAL GION, CITY CLERK PO BOX 310, BOYNTON BEACH, FLORIDA,33425 561-742-6061 ISC BFL.US 8. Notice.Whenever any party desires to give notice unto any other party,It must be given by written notice, sent by certified mail, with return receipt!requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present the Parties designates the following as the respective places for giving notice: CITY: Lori Laverriere,City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach,Florida 33435 Telephone No. (561)742-6000 Copy To: James A.Cherof,City Attorney Goren,Cherof,Doody&Ezrol, P.A. 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale,Florida 33308 Telephone No. (954)771-4500 Facsimile No. (954)771-4923 PLANT CARE: Fido&Family,LLC 2954 West 80 St. Hialeah,FL 33018 Telephone (305)271-6714 9. Access to Records. PLANT CARE shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and (OMM s9.1 30699 IM) 3 Page 303 of 129 C correct entries as to personnel hours charged to this engagement, and any expenses for which PLANT CARE expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of ten(10)years afterthe completion of all work to be performed pursuant to the Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 10. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in the Agreement 11. Attor,� s Fees.in the event that either party brings suit for enforcement of the Agreement,each party shall bear its own attorney's fees and court costs, except as otherwise provided under the Indemnification provisions set forth herein above. 12. Uncontrollable Forces. Neither CITY nor PLANT CARE shall be considered to be in default of the Agreement if delays in or failure of performanceshall be due to Uncontrollable Forces,the effect of which, by the exercise of reasonable diligence,the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under the Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire,flood,earthquakes,storms, lightning,epidemic, pandemic,acts of God,war,;riot,civil disturbance,sabotage,and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall,within a'reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of the Agreement. 13. A reement Subbect to Funding.The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of the Agreement, and is subject to termination based on lack of funding. 14. Independent Contractor.The Agreement does not create an employee/employer relationship between the Parties. it is the intent of the Parties that the PLANT CARE is an independent PLANT CARE pursuant to the Agreement and not the CITY's employee for all purposes. 15. Scrutinized Companies.PLANT CARE,its principals or owners,certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes,as amended,a company is ineligible to, and may not, bid on,isubmit a proposal for, or enter into or renew a contract with any agency or local governmental entity for goods or services of. Any amount of, at the time bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,or is engaged in a boycott of Israel;or one million dollars or more if, at J0001 s3.130"W1&21} 4 Page 304 of 1299 the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to Section 215.473, Florida Statutes;or is engaged in business operations in Syria. 16. Counterparts and Execution.The Agreement may be executed by electronic signature or by hand,in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of the Agreement by the Parties shall be legally binding,valid and effective upon delivery of the executed documents to the other Party through facsimile transmission,email,or other electronic delivery. 17. Com fiance with Laws., PLANT CARE hereby warrants and agrees,that at all times material to the Agreement,PLANT CARE shall perform its obligations in compliance with all applicable federal,state, local laws, rules and regulations. Non-compliance may constitute a material breach of the Agreement. 18. Conflict. In the event of any conflict or ambiguity by and between the terms and provisions of the Agreement, Exhibit "A", and the terms and conditions contained in this Addendum herein, the Parties agree the terms and provisions contained in this Addendum shall control to the extent of any such conflict or ambiguity. 19. Assignments; Amendments. The Agreement, and any interests herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by PLANT CARE without the prior written consent of CITY. For purposes of the Agreement,any change of ownership of PLANT CARE shall constitute an assignment which requires CITY approval. 20. Protection of City Property. At all times during the performance of the Agreement, PLANT CARE shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. SIGNATURE PAGE FOLLOWS jDMz59.a 5 Page 305 of 1299 IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year first written above. CITY City of Boynton Beach,FL ATTEST: BY: ORI IERE CITY MANAGER C VSTAL GIBS N, CITY CLF RK APP D A4 T J FORM JAMS ' 7. CHERO CITY ATTORNEY ( ' PLANT CARE: Fido and iiy,LL BY: TITLE: &4-M4, DATE: (aowIM a 30aSU) 6 Page 306 of 1299 Plant Care FL. nhan- 39s. 1. 71A IInt refl cam Project Description � xk Getting Started Plant Care is licensed and fully insured.We use only first quality products on every installation.Our technicians are trained,uniformed, and maintain a professional presence at all times. Organic products are used,when available,which are good for the plants and equally healthy for the buildings occupants and guest. . Professional Service,Consistent,and Guaranteed • Top Grade Plants and Planters Used on Every installation • South Florida Award Winning I nterlorScape Service Company • Being Close To Mature Makes Us Feel More At Ease With Our Surroundings • Planta Help Reduce Stress and Create a Feelirm ofWall-BeInaWh8e,Improving Air „ { r I Keeping ve thing Beautiful Regular maintenance will be performed to keep each plant as healthy and attractive as possible. Maintenance services include: watering, cleaning, trimming, polishing,removal of any foreign debris,and rotation of plants for even growth. During visits horticulture technicians are continuously inspecting plants.Plant material which has been compromised is reported and scheduled for Immediate' replacement with like or better variety depending on current availability and survivability. Relax all you need to do Is enjoy the beauty. Plant Care Interlorscapes Proposal 3 Page 307 of 1299 s }' ` - r m�7 Options: t[ l' 1-$2050. Full f tenor and 04erlor Plant and Planter teasing Weekl maintenance-including watering,cleaning,trimming, polish,replace as needed for interior. .y t1 ll-$'685. I Full iterior Plant. acing/Exterior Plant Leasing with Purchase Planters LLV\ r �" . , a Custom Fiberglass Planters -$7 o 6P Weekly plant maintenance-Including watering,cleaning,trimming, polish,replacements as needed at no additional cost. Initial installation(all options)4j125 0. All plants and planters professlo ally deliver ' and installed. Let's get this started. If all looks good,let's get you set up for installation. , t t 7 ft{ 15eit Plwit Care �,1,i0._.' interiorscapes,LLC 2954 West 84th 5t Hialeah,FL33o18 Phone.305.271.6714 www.plantcarefl.com Page 308 of 1299 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210385 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/23/20 VENDOR 13240 SHIP TO: TO: WHIDDEN SURVEYING & MAPPING, I City of Boynton Beach 9200 BELVEDERE ROAD EAST UTILITY ADMIN SUITE 114 124 E. WOOLBRIGHT ROAD ROYAL PALM BEACH, FL 33411 BOYNTON BEACH, FL 33435 z REQUISITION N0, 77266 ORDERING DEPARTMENT UTIL ADMIN TP � �m` ..._. ........ . .., DATE NEEDED: CONTRACT NO- COMMISSION APPROVED: 067282116B . ..._� _— ;� �,� a��:: .�• EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTIION UNIT COST COST 1 18055. 00 DL SURVEY SERVICES FOR STORM 1 . 0000 18055 . 00 DRAINAGE SYSTEM pursuant to chapter 5--17. 050 (10) (e) (k) , Florida Administrative Code. Service Area Coquina Cove Ocean Inlet Drive and Shore Drive PROCUREMENT SERVICES: P.O. TOTAL: 18055 00 ACCOUNT NO. PROJECT 401-2823-536 .31-90 i I PURCHASING Page 309 of 1299 l,F3 "�H o �d m ,o H i z r �� o�te+] tlOx H ~tzjJ ~ i 'A H ro N.7 H'AW H xt I H N t7 0 to H C{O(D x1 I m O H W IV ?v O g N F� C 10 m oN mq>0EOC Z NCn] i 00Mm-p k 1 H r0 H °xl° n O m° 01 Li1b I N7, I OHf'M�� i H H I'd �t�71�rom z wy d rrrc o C z o m roww �8 HO %D I I 1z8o�O 00' rrm M H COC �tynytj;dn Oh! LTJ ztsJ v&'-i2 x0 i bH.smro.Hi H H l7 Oxot-ig Vi t�JHO{• m I H Z pa P1o"r•o I zmntoU ' H IC 01-3HHC�R tom i N o WH I I to�y �zIbb � I3+ HZ�G� M— W � rowoGG) z t4 I �HIH3tt-J �1 0tt] tai o N m H ZHn W ?tl I ntj 12^K' i z °ry°ZPO 9 F-;V q o avx Z ftj H cm I EM Mm I'd o N GC] m 7d HO ni 40 I m n Z n i N pi N• tin x[R O W rb H CI W i CC� ro H i b bd 14ro 0 VjH O I m H L[_�] Ln V]0 to N xJ Hro H 01`0 q PICW F4 0 Z i o i K zO O tpqq r C z H n 0 p d O w mCr 4 o r I N xi H I H rn ,' i H i K O O I H W O t, i z t7 W o HI Oy r Z C I H o I n C z CH] ai 0 0Z z r o Hy r� m rn I I I C ' I tsj m CID 0 INI O O I tsi CIV H I to N Asiao i cn nH • dp o o I c° 0 » 1 0 o I H toH jy o 1 I qy t I I H Z 0 00 1 I I I I � 1 N I t=J N ' r F+N ' I H I CV M CD CDgo w I Z 00 mLrl I 1 Cy 1C7 O Ln 1 1 �roj V Ln Ln OO ' 3 0 o I ' I o 0 I I \ \ ' w N N ' 1 tij 04 l0 ' O O Page 310 of 1299 1t , REQUEST FOR PURCHASE OVER 109000 Date: 19-Oct-20 , Requesting Department: Utilities Engineering Contact Person: Angela Prymas Explanation for Purchase: Based off RFQ 067-2821-16/TP - Professional Survey Services: Coquina Cove Drainage Improvements: To prepare a special purpose survey(record survey)of a base map to use for the addition of a localized storm drainage system at Ocean Inlet Drive including Stormwater Outfall Pipe to complete the gaps for Ocean Inlet Drive and Shore Drive on the existing April 16, 2019 Coquina survey. Task Order#U-C-03 Professional Survey& Mapping services for the City of Boynton Beach was approved by City Commission on March 21 2017 _RFQ 067-2821-16/TP Recommended Vendor 13240 Whidden Surveying & Mapping, Inc. Dollar Amount of Purchase $18,055.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back ® Budgeted Item Emergency PurchaseOther X ® Contract Number: RFQ 067-2821-16/TP- Professional Su NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract Fund Source for Purchase: 401-2823-536.31-90 Approvals: Department Head - Date ` _ rZo ' Purchasing Agent Date 0/22 Z.:?, Asst City Manager Date City Manager Date44���Z_cl Form Revised 02101/02 Page 311 of 1299 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 10/19/2020 H.T.E.REQUI3PITON# ' 77-2- 6- Pratt Contract Coordinator: T. Pr Procurement Asst: r Director:Joseph. aterniti %r rr City Manager(non budget c ital and/or$5000+ : '. - - REASON FOR PURCHASE: Professional survey services for Ci uina Cove Drainage Improvements:To a special purpose surve record surve — .m. Of a base map to be used for the addition of a Iocallzed storm drainage system at Ocean Inlet Drive including Stormwater Outfall Pipe to complete the gaps for Ocean Inlet Drive and Shore Drive on the existing April 16, 2019 C ulna surve.Task Order#U-C-03 _. _......_ ... Professional Survey&Mapping services for the City of Boynton Beach was approved by City Commission on March 21, 2017,RFQ 067-2821-16lfP VENDOR INFORMATION: DIVISION: OTHER INFORMATION: _ v �.' - — — '- - -_- .a,e _ Name: Whidden Surveying&Mapping, Inc. Admin. ( ) Date: 10!19/2020 --- i ASAP :— Address:9200 Belvedere Road,Suite#114 Engineering (X)._ Date Needed: ' Confirm. ( } ........ ........ Royal Palm Beach, FL 33411 Cust. Rel _.,.._.� ( ) � ASAP/Conf. ( ) Distribution { } FBACK—UP DOCS. DELIVERY: ...... --- . .. .-- ITTED:Phone( nt ): Tom Whidden Water Qual. ( } sNerbal ( ) E.Admin. 40Email:tom�'7a.whiddensurvevinu.com $500) -W Phone: Pumping g Quotes/Written 561-790-5515 Pum ( ) E.WTP ( ) ' Fax: 561-790-6557 (over $2000 Vendor Number 13240 PWTreat. ( ) Bid Docs. ( )F W.WTP 422 ( _) Meter Serv. ( ) Sole Source Ltr. ( ) P—/U-99 - _ INITIATOR Angela P 9 rymas,Utihtis Sewage Insurance- --- — ( ) Speciallnstructions: Senior En ineer Requirements: APP OED: Strmwtr. ( ) Project Number: c a Task Order#U-C43 Quan. Unit Price_i Description&Part Number Fund Dem Basic Elem Ob' Amount Survey Services for Storm Drainage _ System pursuant to chapter 5-17.050(10) 1 $18,055.00 (e)(k), Florida Administrative Code. 401 2823 536 31 90 $18,055.00 Service Area Coquina Cove Ocean Inlet Drive and Shore Drive F Total 401 2823 536 31 90 $18,055.00 Page 312 of 1299 The City oy tori Beach ' MOM Dwartment 124E Woolbrigh:Road Boynton Beach,Florida 33433 Phone(361)742-6400 FAX:(561 741-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Professional survey services for: Coquina Cove Drainage Improvements: Task Order #U-C-03 VENDOR#1: Whidden Surveying&Mapping,Inc DATE: 10/15/2020 CONTACT PERSON: `Phomas Whidden PHONE NUMBER: (561)790-5515 QUOTE: $18,055.00 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR#3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS;TO REQUISITION AND SEND TO PURCHASING DEPT. Page 313 of 1299 ta� Whidden Surveying &Mapping, Inc. 9200 Belvedere Road,Suite#114 Royal Palm Beach, Florida, 33411 561-790-5515-Office 561-790-6557—Fax www.whiddensurveying.com 150ct2020 Angela Prymas,P.E. Utilities—Senior Engineer Boynton Beach Utilities 124 E.Woolbright Road t,4 Boynton Beach,FL 33435 RE: Coquina Cove Ms.Prymas, Whidden Surveying&Mapping, Inc. (WSM)is please to offer this lump sum proposal to the City of Boynton Beach, Utilities Department,to support in its effort in the engineering and design of drainage improvements at Coquina Cove. WSM will prepare a survey pursuant to Chapter 5=17.050(10)(b)(k), Florida Administrative Code, and create a base map to be used for engineering & design. Page 314 of 1299 'Cit1'oj°BnYnlo�B i Coquina C.Ove Topographic Survey PositioWT&Ie Hours' Hourly Rate Amount Pro ect Dircuor(Princ' al) $185.00 $ Client Service Manager $165.00 $ Project Manager 16, $145.00 $ 2,320.00 Senior Professional Surveyor/Mapper 10 $145.00 $ 1,450.00 Professional Surveyor/Mapper $120.00 $ - Survey Technician 16 $85.00 $ 1,360.00 Senior Field Representative(Professional) $125.00 $ Survey Crew(1 Man) $85.00 $ Survey Crew(2 Man) 70 $130.00 $ 9,100.00 Survey Crew(3 Man) $158.00 $ 1IS Specialist $79.00 $ - CADD Technician 45 $85.00 $ 3,825.00 1 Man Scanner/Laser Survey Crew $250.00 $ TOTAL $ 18,055.00 Page 315 of 1299 Total Fee:$18,055.00 Sincerely, Whidden Surveying&Mapping,Inc. Thomas E.Whidden Page 316 of 1299 Task Order#U-C-03 11.The surveyor shall contact 811 for utilities locations and also use any available City's as- built. 12. Provide the following information for all existing utilities: a. Horizontal location b. Vertical location (If can be determined in the field or from record documents) C. Type of material(If can be determined in the field or from record documents) d. Diameter(If can be determined in the field or from record documents) e. Number of pipes/conduits (If can be determined in the field or from record documents) f. Identification (force main, storm drain, high voltage electric line, etc.) 13.The survey shall show the location of shrubs and trees including tree trunk diameter, name of shrubs and trees or botanical classification (to the best of the surveyor's knowledge)or any other vegetation within the right-of-way. 14.The survey shall show spot elevations on a 10 feet grid in open space where possible, and all vertical changes. Elevations will be reference to NAVD88 vertical datum. DEUVERABLES 15.The deliverables shall include: a. Three (3) signed and sealed survey plans and digitally signed survey pdf file of the project site containing the above survey information. b. All drawing files in digital format with ail project data in CAD including all associated dependent files. All data needs to be tied to the state plane coordinate system. C. An AutoCAD drawing file of the area. Each of the entities, colors and line types shall be controlled "by layer". All site specific fonts shall plot at 3132"height. ARX or COGO files produced for the survey. d. Digital photos (electronic files). e. After engineering design is completed the surveyor shall provide legal description and sketches for at least two (2) permanent easements and two (2) construction easements. To be included in a future proposal. 16.Work Deliverables 15.a, 15.b, 15.c and 15.d shall be completed within 30 business days of receiving a Purchase Order issued by the City that serves as a Notice to Proceed. 17.Work Deliverable 15.e is due after engineering design is complete(see 15.e) Page 317 of 1299 PROFESSIONAL SURVEY SERVICES COQUINA COVE DRAINAGE IMPROVEMENTS Task Order# U-C-03 SCOPE OF WORK The City of Boynton Beach, Utilities Department, is requesting quotes for preparing a"Special Purpose Survey"(Record Survey)pursuant to Chapter 5-17.050(10)(b)(k), Florida Administrative Code,and create a base map to be used for the addition of a localized storm drainage system at Ocean Inlet Drive including a Stormwater Outfall Pipe.This task order is intended to complete the gaps for Ocean Inlet Drive and Shore Drive on the existing 16 April 2019 Coquina Cove survey by Whidden Surveying&Mapping, Inc. SPECIFICATIONS 1. Prepare a Record Survey/Special Purpose Topographic Survey of the project area with an aerial background. The survey shall include the latest available Palm Beach County Orthographic aerials. 2. The survey shall provide right-of-way lines and show all property lines. 3. The survey shall be performed using the Florida State Plane Coordinate base NAD83, and the NAVD88 vertical datum. The survey shall comply with all State and City requirements. The survey shall be signed and sealed by a Florida Registered Professional Land Surveyor. The unit of measurement shall be the United States foot. 4. Set temporary benchmarks and horizontal control points every 50 feet. 5. The survey shall show the locations of electrical conduits, poles, lights, cables, utility markers, overhead utility lines,transformers, lighting control panels, etc. 6. The survey shall show the existing Coquina Cove neighborhood drainage system, the locations and elevations of drainage catch basins, storm sewer inlets, outfalls (on-site and in the street) and associated piping which crosses through the area to be surveyed including rims, sizes and inverts of pipes and outfalls. For outfalls, include seawall height, elevation on both sides of the seawall, and other related design information. 7. The survey shall show the location and elevation of sanitary sewer manholes(on-site and in the street) and associated piping which crosses through the area to be surveyed including the sizes and inverts of pipes. 8. The survey shall show the valves and valve boxes including depth of box and top of pipe elevations. 9. The survey shall show the water meters, back-flow preventers and spigots including depth of box and elevations of pipes and valves. 10.The survey shall show underground utilities, the edge of pavement and centerline of roads, curbs, gutter and any appurtenances of the area surveyed. Page 318 of 1299 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210404 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/29/20 VENDOR 15280 SHIP TO: TO: INT'L DATA CONSULTANTS City of Boynton Beach 13302 SW 128TH ST. ITS DEPARTMENT MIAMI, FL 33186 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. 77324 ORDERING DEPARTMENT: ITS V£ $ Lm ' a� DATE NEEDED CONTRACT N0. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA BARRACUDA MESSAGE ARCHIVER 650 11375 . 0000 11375 . 00 VX 1 License - 1 Year 2 1 . 00 EA BARRACUDA MESSAGE ARCHIVER 650. 2536 . 0000 2536 . 00 VX Premium Support - .1 Year 3 1 . 00 EA BARRACUDA MESSAGE ARCHIVER 650 3281. 0000 3281 . 00 VX Mirrored Cloud Storage - 1 Year REMARKS: QUOTE# 2334 GSA SCHEDULE 7.0 # 47QTCA19DOOMM EXPIRES 9/27/2024 PROCUREMENT SERVICES: 5 � P 0 TOTAL. 17192 00 ACCOUNT NO. PROJECT 001-1510-513 .46-91 PURCHASING Page 319 of 1299 otl9W ltYjnj0 w M t4 W gO H I 3t N Mm yH W 'o m C."wCl H I ty�0� S�+ON i N 6 MG O o 0 os+ I m 3H trIS9 �y 3r• I n to Y N YIG On n O n Y• n t1 I b r H i(D P, m n r-nO i 3OH n o$goC 0nC• 0g m ❑n❑ I H O H NJ N o w w w I ;3dP.G S�� tl 1,tj, tl H H Hoa a Y Y Y I oy Y Oyym3+ Oym $I I H z HN Iq 0 0 0 1 tllEn dIlC tlIE I O H m IP x ro M w w w xx H Y H ; O 10 M I x It; 8 IP H w w w mtypWtn wtlom m�y Y m N JJ M y O IP IP I O.b CL O H H w N r w i 14 14 GG] '0. 31, 0 H H $ rt M I M £ PI M I U1 y wog to91 tj 0 En rA Ch " oH ' 14 1C yy]h1 I FIM H M H H M G I rr SHyyLtl yyyH I \CYPC HC x w \C M i co e H M`M i ctillro- fn0 of W0 (A I 10 0 ro x�•��' •�' pqH� � p0 zH�HzHz Oy£ Y. yE S{ y� H 1 I H x � 0 Op qC C C I i m '•d m b 0 rn rn rn n I I [ y x n M z N H O 1 W M M H CI i C p x xI � M 1 0 � c (Cn5]� M I Y Y Y I O y x . o o a K � 0 x a �' o to 14 H C I x N w W H O 'y H I y O O o 1 n G• � yy W •,� '� i .��.+/ 0 0 o i H y � n INP n x I O H 1 1 ED bi Y Y Y i l"p W V I 0 0 0 1 N Y m w I n y Lz� O o O f� O o o ! Hz w y 0 0 0 1 I I x I � o 1 1 .. I 1 , � I I I M r $®? 7z- ca SYY 1 i 1 K L a W N I"-• 1 tl til Y N w W� I b 1D m W J I 1 I I I H r o N N p� I 1 M W O1 1 N N I t I O O I CD vcsv �t G t jj 3 � fi a„ip 11 Page 320 of 1299 ' International Data Consultants, Inc. Estimate Miami,FL 33186 Date Estimate# =10/23/2020 2334 Na7BeackFL - City o Infory Services PO.B Boynt25-0310 Project Description Qty Cost Total Barracuda Message Archiver 650 Vx-1 License-1 Year I 11,375.00 11,375.00 Barracuda Message Archiver 650 Vx-Premium Support-1 Year 1 2,536.00 2,536.00 Barracuda Message Archiver 650 Vx-Mirrored Cloud Storage-1 1 3,28 L00 3,281.00 Year *Replaces existing model 450 unit,BAR-MA-916271. *GSA Schedule 70#47QTCA19DOOMM(expires 9/27/2024). We appreciate your business.Thank you. - - Subtotal $17,192.00 Sales Tax (7.0%) $0.00 Total $ Page 321 of 1299 f CITY OF BOYNTON BEACH$109000 1 9 Date: 10/26/2020 Requesting Department: I.T.S. Contact Person: Marty Stevens Explanation for Purchase: Barracuda provides a comprehensive solution for email protection, application and cloud security, network security and data protection, for the City's email system. Recommended Vendor International Data Consultants,._Inc. Dollar Amount of Purchase $17,192.00 Source for Purchase (check and attach backup materials): Three Written Quotations ® GSA State Contract ® PRIDE/RESPECT SNAPS ® Sole Source Piggy-Back ® Budgeted Item Emergency Purchase ® Other Contract Number: Schedule 70 #47QTCA19DOOMM NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. - Fund Source for Purchase: Software Maintenance 001-1510-513.46-91 Approvals: Department Head Date i® 10 LO Purchasing Agent Date Asst City Manager er Date City Manager Date Form Revised 02/01/02 Page 322 of 1299 CORPORATION GSA SYNNEX GOV,,,, olvill,L, Page 323 of 1299 GSA GOVSoli,�m GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE PRICE LIST AUTHORIZED FEDERAL SUPPLY SERVICE SCHEDULE PRICE LIST On-line access to contract ordering information,terms and conditions,up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system. The Internet address for GSA Advantage!®is: httC�://www.,-,saadvanta,-,e.Dov/. Multiple Award Schedule FSC Group Large Category MAS CONTRACT NUMBER 47 TC 9DOOMM O For more information on ordering from Federal Supply Schedules, click on the FSS Schedules button at hta/. v ss. sa. ov. Contract Period: September 27, 2019 through September 26, 2024 SYNNEX Corporation 39 Pelham Ridge Drive Greenville, SC 29615 Phone 800.4S6.4822 Ext 494713 Fax 510.858.6338 gsa@synnex.com bttps.-1_/www.sv nre /us/ ovsoIv/ Contract Administration: Destiny Lark, estinyL@snne .co , 864.349.4713 Business Size: Large Pricelist current through Modification PS-0062, September 29, 2020 GSA MAS Contract 47QTCA19DOOMM Price List,updated 09/29/2020 Page 1 of 13 Page 324 of 1299 SYNNEX GOV':-3% olv� GSA TABLE OF CONTENTS I. SPECIAL ITEM NUMBERS(SINs)..........................................................................................................................................3 2. MAXIMUM ORDER 3 3. MINIMUM ORDER 3 4. GEOGRAPHIC COVERAGE 3 5. POINT(S) OF PRODUCTION 3 6. DISCOUNT FROM LIST PRICES 3 7. QUANTITY DISCOUNTS 4 8. PROMPT PAYMENT TERMS 4 9. GOVERNMENT PURCHASE CARDS 4 10. FOREIGN ITEMS 4 11. DELIVERY 4 12. F.O.B. POINT(S)........................................................................................................................................................................4 13. ORDERING ADDRESS AND PROCEDURES 4 14. PAYMENT ADDRESS 4 15. WARRANTY PROVISION 4 16. EXPORT PACKING CHARGES 5 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE......................................5 18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR.........................................................5 19. TERMS AND CONDITIONS OF INSTALLATION 5 20. TERMS AND CONDITIONS FOR ANY OTHER SERVICES 5 21. LIST OF SERVICE AND DISTRIBUTION POINTS 5 22. REFERENCE TO LIST OF PARTICIPATING DEALERS 5 23. PREVENTATIVE MAINTENANCE 5 24. SPECIAL ATTRIBUTES 5 25. DATA UNIVERSAL NUMBER SYSTEM NUMBER 5 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT(SAM)...........5 29. COMPLETE LIST OF PARTICIPATING DEALERS 6 30. COMPLETE LIST OF VENDORS....................................................................................................................................... 13 GSA MAS Contract 47QTCA19DOOMM Price List-updated 09/29/2020 ....... Page 2 of 13 Page 325 of 1299 SYNNEX GSA sit I. CUSTOMER INFORMATION a. Table of Awarded SINS: SIN Description Pricing 33411 Purchase of New Electronic Equipment 2.2%-96.28% _ State Cooperative Purchasins;AR[Droved 81 1212 Maintenance of Equipment, Repair Services and/or Repair/Spare Parts 2.2%-93.84% State Cooperative Purchasing Approved 511210 Software Licenses State Cooperative Purchasing Approved 2.2%-62.13% : 54151 Software Maintenance Services State Cooperative Purchasing Approved 2.9%-62.13% b. Identification of the lowest priced model number for each SIN awarded: 4"aSANi� SIN PN^ ;Desai tOn MSRO' with j4 : QW 33411 R668 Stratus ftServer 2700,4700,and 6400 0.02 0.01 u5 Systems:Installation Guide 811212 GE-SVFDKSDSY Keep Your Solid State 0.02 0.01 TW 511210 AS391 Disk Drive Blank for ftServer family 0.02 0.01 u5 54151 HO1D4A1 HPE 1Y TS Support Credits 10 Per Yr SVC 0.02 0.01 us c. Hourly Rates: Not Applicable 2. MAXIMUM ORDER: Maximum dollar value of orders accepted is $500,000.00. NOTE TO ORDERING ACTIVITIES: If the best value selection places your order over the Maximum Order identified in this catalog/pricelist,you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contactor for a better price. The contractor may (1) offer a new price for this requirement(2) offer the lowest price available under this contract or(3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 8.404. 3. MINIMUM ORDER: The minimum dollar value of orders accepted is $100.00. 4. GEOGRAPHIC COVERAGE: Domestic delivery is delivery within the 48 contiguous states,Alaska, Hawaii, Puerto Rico,Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point,within the aforementioned areas,for orders received from overseas activities. CONUS delivery is via standard ground freight. Expedited delivery options are available and OCONUS delivery are available for additional costs. Overseas delivery is delivery to point of embarkation for delivery OCONUS -outside of the 48 contiguous states,Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories. S. POINTS OF PRODUCTION:,TAA Compliant Countries identified by the product manufacturer. 6. DISCOUNT FROM LIST PRICES: I%for orders over$100,000 GSA MAS Contract 47QTCA I 9DOOMM Price List,updated 09/29/2020 Page 3 of 13 Page 326 of 1299 SYNNEX GOV'! o1 v GSA o 7. QUANTITY DISCOUNTS- none A. PROMPT PAYMENT TERMS: 0.25 bps 15 days Net 30 for non-credit card orders. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9. GOVERNMENT PURCHASE CARDS a. Government Purchase Cards are accepted at or below the micro-purchase threshold. b. Government Purchase Cards are not accepted above the micro-purchase threshold. Contact the Contractor for limit 10. FOREIGN ITEMS: The country of origin on supplies is determined by the manufacturer of the product. Only TAA Compliant products are included on the contract. 11. DELIVERY a. Time of Delivery. SINs 33411 &811212 are 30 days ARO b. Expedited Delivery:Additional costs do apply. Please call for an expedited freight quote. c. Overnight and 2-day Delivery:Additional costs do apply. Please call for an expedited freight quote. 12.F.0.B. POLNT S OCONUS* *Freight costs for worldwide shipments outside of CONUS will need to be negotiated between SYNNEX and the Ordering Entity. 13. ORDERING a. Address: Same as Contractor b. Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition Regulation (FAR) 8.405-3. 14. PAYMENT ADDRESS: Lockbox Address: SYNNEX Corporation PO Box 406748 Atlanta, GA 30384-6748 15.WARRANTY PROVISION: a. Unless specified otherwise in this contract, the Contractor's standard commercial warranty as stated in the contract's commercial pricelist will apply to this contract. As a computer products distributor, Contractor passes the manufacturers'warranties through to their customers. Warranties will vary from part number, product line and manufacturer and can include on-site, depot and replacement. Warranties will also vary in length of their coverage period. Generally, Contractor will provide a replacement unit for product that is DOA (Dead on Arrival)for the first 30 days after purchase. Thereafter,all warranty work is handled either directly from the manufacturer or through a contracted third party. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. SA MAS Contract 47QTCA19DOOMM Price List,updated 09/29/2020 Page 4 of 13 Page 327 of 1299 GOV W '_- PPA �LA . ° if ,. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: Contact SYNNEX Corporation for Return Merchandise Authorization (RMA). I.6. EXPORT PACKING CHARGES: SYNNEX does offer international shipping on a limited basis. The company will pay for freight to point of embarkation only. 17.TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: Government Purchase Cards are accepted at or below the micro-purchase threshold. Government Purchase Cards are not accepted above the micro-purchase threshold. Contact the Contractor for limit. 18.TERMS AND CONDITIONS OF RENTAL MAINTENANCE AND REPAIR: N/A 19. TERMS AND CONDITIONS OF INSTALLATION: N/A 20.TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A 21. LIST OF SERVICE AND DISTRIBUTION POINTS: Chantilly,Virginia Chicago, Illinois Chino, California Fremont, California Greenville, South Carolina Grove City, Ohio Indianapolis, Indiana Monroe, New Jersey Richardson, Texas Romeoville, Illinois Southaven, Mississippi Tracy, California 22. LIST OF PARTICIPATING DEALERS:See page 17 23. PREVENTATIVE MAINTENANCE: Refer to SIN 811212 24. SPECIAL ATTRIBUTES: a. Environmental Attributes: N/A b. Section 508 Compliance for Electronic and Information Technology(Ell): The EIT standards can be found at: www.Section508.gov/. 25. DATA UNIVERSAL NUMBER SYSTEM NUMBER: 112375758 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD_MANAGEMENT SAM : Contractor has an Active Registration in the SAM database. GSA MAS Contract 47QTCA 19DOOMM Price List,updated 09/29/2020 Page 5 of 13 Page 328 of 1299 4 GSA CO Rr0ltAT10N ParticipatingB I Y 8 l Partners Reseller SBA Status City State 4K Solutions,LLC SDVOB(CvE) Midland GA Abba Technologies Inc SB;DV(Hispanic) Albuquerque NM ABC Laser USA,Inc WoSB Lawerenceville GA Abrahams Consulting,LLC i8(a),EDWOSB iStaten Island NY _ ._.__ _ _ Access Printer Supplies Loveland CO _ ACP Creativ IT Buffalo Grove IL adrytech - Phoenix AZ Advacap Technologies,LLC _ — SDVOSB Copperas Cove TX Advanced Presentation Systems dba CCS Presentation Systems WOS11 B Albuquerque NM Advantaged Solutions Inc MOSB,Hubzone Washington DC AdwarVideo iSB Farmingdale NY AFCC dba The Whitlock Group Richmond VA NEW IAFL In Consulting Staff and Services Inc. SBE DBE OSS Miami FL NEW AGSI Systems - _ _ _ - Lovettsville VA Allegiant Tek USA LLC r ..... Brandon FL , _____ .._-- _ ,Alliance Technology WOSB - Hanover MD Alpha Sum Business Machines SB 'Jackson Heights NY AlphaSix Corporation _ SB Dulles .. VA Alternative Information Systems Buffalo NY Always Connect Solutions (Eagle ID American Wordata 'EDWOSB,WOSB,DBE Tampa FL Anaconda Networks Lafayette CO Anderson Business TechnologyPasadena CA _ _. ARC Acquisition US INC San Antonio TX Arctic Information Technology,Inc. ANC 8(a) Anchorage AK Arrow Micro Corp MO,W0,DSB La Mirada CA IAsyncrob Corp SDB,SDVOB Fairfax VA ATEC Group _ _ _Albany NY Audio Video Corporation Albany NY (Audio Visual Innovations(AVI-SPL) Tampa FL Axelliant iMBE,CPUC,SBE .Torrance CA BahFed Corp .... '8(a),HUBZone,VOSB Portland OR _ __. _. _ BCP( Sharon MA BES Industries Jacksonville FL Bledsoe Co _ — _ SB,MO;DV ;Indianapolis IN Blink IT WOSB Ontario . '111111111111"1 ; CA NEW I Blue Castle IT WOB - Cheshire CT (Bordedan inc San Marcos CA Computers/ _._ Brite Upstate Wholesale Supply,Inc Victor NY _ _ Burgess Innovation Management SDVOSB Fairfield CA Buy Smart LLC — - _-- .... _ ;San Diego _ CA _ BW Wilson SBRichmond VA _ Capital Financial Network LLC Washington D.. Carolina Advanced Digital,Inc. ISDVOSB;HUBZone (Siler City NC Carrillo Business Technologies dba CB Technologies,Inc. WOSB Orange CA - - Carroll Communications =HUBZONE&SDVOSB&SB&VO Lon11 gs SC CDCE,Inc. Yorba Linda CA i CDW-G(CDW) _. IVernon Hills IL. , GSA MAS Contract 47QTCA I 9DOOMM Price List,updated 9/29/2020 Page 6 of 13 Page 329 of 1299 n �� �l i� - J C®ter®RAS,®N ParticipatingDealers and TeamingPartners Reseller SBA Status city State Celerens iWOSB,EDWOSB,SDB (Clarksville MD Cellentia Information Technology Company IWOSB Ashburn VA Chi Corp Solon OH Chickasaw Supply S —_ pp y DVOSB..HUBZone;Native American 1 Bakersfield CA Choice!Computer Center,Inc – SBDurham NC NEW Cinesys _ Houston TX City Computer&Supplies,Inc. SB,WO Naples FL Clarity Imaging Solutions Inc Cherry Hill NJ NEW ICladum Managed Services Miami FL NEW;Clary Business Machines MOSDB San Diego CA --- .....---— NEW CLR Analytics SDB Irvine CA Clutch Solutions (SB,MO;DV Native American Gilbert AZ -- Code 3 Technology Mesa AZ NEW iCommski,LLC IWOSB (Tampa FL !Communications Professionals,Inc. SB,MO;DV Troy MI Complete Packaging&Shipping Supplies VOSBWestbury NY Computech International IWOSB Great Neck NY Computer Professionals International Schenectady NY Computer Systems Integrators Inc Fishkill NY ..... _ Computer Tower I Sterling VA Computer Wholesale Products WOSB 'Spring TX Computerware Inc SB Vienna VA ComSource,Inc _ SB Manlius NY Conferencing Advisors SB#41596 San Clemente CA NEW!Connected Solutions Group Mechanicsville VA Connection dba GovConnection Rockville MD _ ConnectUs New Holland PA _ — --- ., Continental Resources,Inc. WBENC Bedford MA NEW Convergent Federal Solutions Beltsville MD Convergeone Government Solutions,LLC Bloomington MN _------ _ _ Core BTS,Inc. Indianapolis IN CounterTrade Products d/b/a CEW Inc. WOSB !Arvada CO .... C-Pak Corporation DBA CPAK Technology Solution LaGrange GA CPI USA Inc — ;WMBE,WOSB,DBE,MBE ;Edison NJ CST Corporation i HUB/MBE Houston TX NEW!Current Business Technologies,Inc. !Austin TX NEW;CVE `Salt Lake City UT (Data Just Data,Inc. _ !Charlotte NC —— _--_ Datec,Inc. !Seattle WA DH Technologies HUBZONE&SDVOSB&SB&VO •:Leesburg VA __ — DI Technology Group Inc(Data Impressions) SBE (Cerritos CA ...... NEW Diamond IT !Bakersfield CA _ --------- Digital Plaza 8(a),SB,Disadvantaged Amber PA — — _ Diltex,Inc. SMALL,EDWOSB,8A West Covina CA I Direct Packet dba one Vision �SB (Irving TX DirSec,Inc. ISB iWestminster CO — ---. Dox Electronics Rochester NY DPS Teck ;SDVOSB;SBA Dallas TX GSA MAS Contract 47QTCA19DOOMM Price List,updated 9/29/2020 Page 7 of 13 Page 330 of 129 GSA ...MCOTLPO RA, I O N Participating Dealers and Teaming Partners Reseller SBA Status city State NEW!Echelon Services _ NH0 8(a) Manassas VA emazzanti Woman Business Enterprise Hoboken NJ I Empire Computing&Consulting Daytona Beach FL En-Net Services,LLC SB i Frederick MD Enterprise Technology Solutions WOSB Fremont CA EPG Consulting LLC DBA New York Technology Company — - - New York NY NEW Ergotech Controls _ Richardson TX EverSec Group Tarrytown i NY Eyes to See,Inc dba RA Technology Services Brooklyn NY Fed Con LLC MOSB Opa Locka FL Federal Merchants Corp Indianapolis IN FedTek(Federal Technology Solutions) SB Woodbridge VA Focal Point Solutions Flushing NY Force 3,Inc.or Force 3 LLC Crofton MD ForSup ... WOSB _ _ _ Tallahassee FL Four Comer SolutionsSDMO Hawthorne CA NEW Galactic Technology Group _ SBE Miami F-L Gear One WOSB 'Temecula CA General Microsystems MBE,SBE Bellevue WA GHA Technologies,Inc. — _ SB Scottsdale qZ GigaKOM San Diego CA Global Data Products _ SB Sacramento CA GMI — i MBE;Self certified SBA Bellevue — WA Golden Star Tech SB,MO;WO Cerritos CA Government Acquisitions(govaoq) SB — —— Cincinnati OH Govmation Enterprise Solutions IWOSB — McKinney TX jGovSmart HUBZone — Charlottesville VA GP Tech Solutions - Meridian ID Green Ramp Group Auburn CA GreenDelete WOSB/WBE Frankfort IL Group Mobile International ;Chattanooga TN Guidon Technology Solutions,Inc. SDVOSB 11 Issaquah WA NEW Halieos SDB MO Gaithersburg MD Helixstorm ;Temecula CA NEW(Hilliard _ Midland TX Hinkley AcctSDVOB Holly Springs NC Hitorra Tech White Plains NY HST Corporate Interiors,LLC Nashville TN (box 8(a),VOSB Atlanta GA IC Logic,Inc dba USAT Corp. Chapel Hill NC 1 ID Technologies,LLC Ashburn VA iGov.com[MA(MicroAge)Federal d/b/a] Reston VA Impres Technology Solutions Inc SBA Certified HUBZone;SB Santa Fe Springs CA NEW 'InfmitTechnology East Syracuse NY Infinite Consulting Services �SB,DBE McKinleyville CA -- InfoSys Services,Inc _ -- Pasadena _ MD 'Infotect Design Solutions Tampa FL Innovative Solutions Group Inc MOSS Wake Forest NC GSA MAS Contract 47QTCA]9DOOMM Price List,updated 9/29/2020 Page 8 of 13 Page 331 of 1299 GSA Participating a s and TeamingPartners Reseller SBA Status City State 'Insight(PCM-G) _ Tempe AZ _ _.__ _ _ Integration Partners Corp Lexington MA InterDev,LLC Roswell GA Iron Bow Technologies Chantilly VA Island Tech 'Ronkonkoma NY ITO Solutions SB ,Signal Hill CA ITSavvy Addison _ IL Jem Computers Clinton Township MI Joh nCo,Inc.Office Supplies&Equipment Middlesboro KY _._ Kelley Connect !SB Kent WA ---- --------- KTS Knot Technology Solutions EDWOSB,WOSB Churchton MD KT's Office Services(Ktoss) SWPB,NJ Toms River NJ Lakeshore IT Solutions,Inc. Fox Lake IL Landmark Systems _ ^Troy MI Laser Action Plus WOSB Ocala FL Lazer Cartridges Plus WOSB Walla Walla WA LH Computer Services Coral Springs FL _-- . Lightfoot Communications Service Disabled,VO,WOSB Tampa FL Lofton Innovation SDVOSB,MBE,SBE,DBE Fort Worth TX Lotus Logistics _. ;Middletown — DE_ Louisiana Technology Group Inc(LATG) WOSB New Orleans LA Lowmarkup Inc— _ - _ Irvine CA _... .......................... M.A.Polce Consulting,Inc. Rome NY M2 Technology,Inc. SB,Disadv,VO San Antonio TX -------- Mason Technologies Inc SWO Deer Park NY Maureen Data Systems,Inc. WBE New York NY NEW McMillan Systems,Inc a Fresno CA Meadowgate Technologies HUBZone,WOSB Trenton NJ Mediallow VOSB Netcong NJ Meridian IT,Inc. _ Deerfield IL ........._.. ........ ......__-__. ... ----. --__. -.._ ...------------- ...___ 1....... _ .....:. MicroPac Tech 8(a) Irvine CA NEW i,Microtech LLC SDVOSB Tysons VA ,Mobile Concepts Technology Phoenix AZ MSSI LTD SDVOSB Charlotte Hall MD mVation Worldwide Inc SB,MO;DV Glen Cove NY _ _ - MXN Corp SB Woodstock GA N&B Solutions Redmond OR N2Grate Government Solutions HUBZone Leland MS National Secured Assurance,Inc. f Leland MS Native Supplies WO,Native American !Alpharetta GA NCS Technologies,Inc. MOSB !Gainesville VA Netsync WOSB,Minority Owned Houston TX NEW Network Outsource Inc _ New Hyde Park NY New Tech Solutions,Inc. Fremont CA Nexus Technologies Group LLC WOSI3 Atlanta GA Nomar Enterprises DBA Rugged Depot TX HUB MOSB Magnolia TX _ ---- Ocean Computer Group Matawan NJ O'Neill Office Products,Inc Bethesda MD GSA MAS Contract 47QTCA19DOOMM Price List,updated 9/29/2020 Page 9 of 13 Page 332 of 1299 GSA PaCO RPO RATION ,$ rticipating Dealers and Teaming Partners Reseller SBA Status 'On-Site Laser city State I EDWOSBSan Diego CA Pacific Computer Supply SDBView Mountain CA Pacstar Portland OR Paragon Micro ----- ...... Lake Zurich IL Partners Data Systems,Inc La Mesa CA PC Net Inc,DBA PCN Strategies :Washington DC PC Solutions&Integration Inc Miami FL PC Specialists,dba Technology Integration Group I MOB San Diego CA PCS Mobile Denver CO Peabody Office i Boston MA Perfect-output SDBE,MBE,Veteran bmedand Park KS Perfect Vision Sound Avon CT Photikon Corp WBENC,WOSB,NYS WBE,NYC WBE I Fairpoint NY PIER Group LLC Systems Jasper IN j Pinnacle Business SyEdmond OK Pivot Tech Server Corporation Norcross GA NEW,POSData . .. ....... ;Gig Harbor WA Premier Office Systems -' -- .... .......... 'Las Vegas NV Premier Printing ...... Platte City I MO NEW Premier Wireless ;EDWOSB --—- ---------- ............ Houston TX Prescriptive Data .......... ............ Allen TX Presidio Coporation — --- -----__,; ....... .... ........ Fulton MD Procellis Technology Inc. ,SDVOSB,SB jMinneapolis MN NEW!Professional Video Systems �SLC UT Prologic ITS .....------- ------ Acworth GA ProSys Information Systems,Inc. 'WOSB 'Norcross GA NEW Protech Castle Rock ........... Castle Rock CO Questi-righound Tech SBDe I effield Beach FL I RCN Tecnologies ------- Knoxville TN I-Rid I gel I ine Technology WOSB Felto CA NEW Right Price IT Plain City OH NEW Round Tower I -_ [-OH Cincinnati 'RS Knapp Co Inc. SBE - Lyndurst NJ Rugged Computing,Inc ;Anaheim CA ,Sam International Information Tech dba applied computer MBE ------- San Jose CA SandozConstructionSolutions iSDVOSB,VOSB, I'll _ I Texas HUB League City TX ;SD31T,LLC ...... Hubzone,EDWOSB,WOSB I "I'll-���--1 111,111, The Villages FL Securityhunter,Inc Baltimore MD Sen-Communications IWOSB,HUBZone (Tampa FL I Server Tech Supply Philadelphia PA NEW Seventh Genius WOSB Frisco TX ShireWire Global Sales and Distribution LLC 11 Easthampton MA ,Sierra Micro Products ISB A-n I acortes- WA Sigmanet,Inc. ConvergeOne,Inc WOMOS13 Sanford FL NEW!Simple Communications Technologies ............. ....... Harrisburg NC SimplyNas �WOMOSB Sanford FL Sirius Computer Solutions,Inc. San Antonio TX I SMS Technology Solutions Mint Hill NC GSA MAS Contract 47QTCA I 9DOOMM Price List,updated 9/29/2020 Page 10 of 13 Page 333 of 1299 I ft J; GSA C O RL'O RATLO N' ParticipatingDealers and TeamingPartners Reseller SBA Status city State SNAP,INC 'Chantilly VA ISolvix Solutions WOSB,EDW Marlton NJ iSolzon Corporation 'Westford MA — ... –.. Sonasoft Corp San Jose CA Spectrum Virtual (Cheshire CT _ NEW SSP Data MB,SB Richmond CA Sterling Computers WOSB North Sioux City SC Strictly Technology LLC WOS6Fort Lauderdale FL Sun Management _ Arlington VA Supply Chimp !SMO _ j New York NY Switch Technologies Inc Rocky Point NY Synetic ISB,WO Sacramento CA _ ---- -_• Sysorex !Herndon VA TASI,LLC SBA certified 8(a),CVE verified SVOSB Tucson AZ .............- _ — TBNG Consulting Milford CT Teknique IT Huntington Beach CA Telrepco _ SBE _ Wallingford CT _ _ NEW Tera Consuling SBA 8a,EDWOSB,WOSB Hicksville NY Texexpro LLC IWOSB Waco TX The Lioce Group Huntsville AL Thermocopy dba Centriworks Knoxville TN Think CP SB Irvine CA NEW Thomas Consultants GOTCI MBE,SBE,LOSB Memphis TN TKK Electronics HUBZone Milwaukee WI 'Tommy TQIHUBZone,SB (Seattle WA Topaz Engineering Hingham MA Totowa Systems SB ITotowa NJ TRACE3 'Irvine _ CA Trade Products SB Fairfax VA TriOrb Solutions SDVOSB,HUBZone Winter Park FL TVAR Solutions LLC _ _ McLean VA .: TwoTrees Technologies LLC Wichita KS Universal Info Systems Edinburg TX Vandis Inc. Albertson NY 'vCloud Tech Inc. Rolling Hills Estates CA Verteks Consulting,Inc ,Ocala FL NEW Vestige IT !SDVOSB Surrey ND.. NEW iViewTech iWBE,WOSB,Texas Hub Southlake TX Virtual Graffiti,Inc jIrvine CA Voit Telecommunications !WOSB Merritt Island Florida FL VPLS 'Orange CA Washington Computer Service New York NY _ – Washington Office Interiors HUBZone,WOSB,EDWOSB Silver Spring MD Westwind ;SB,HUBZONE,WOSB,Minority Albuquerque NM NEW WholePoint Systems LLC TSBReston VA .. _ Widepoint j Fairfax VA NEW Williams Software Associates Corp SDVOB Raleigh NC Wisecom Technologies _- Lanham MD_ . GSA MAS Contract 47QTCA19DOOMM Price List,updated 9/29/2020 Page 1 I of 13 Page 334 of 1299 SAMC CS AP6 RAT I O N - - � ° �' Participating Dealers and Teaming Partners Reseller SBA Status city State World Wide Technology Inc.(WWT) Saint Louis MO XenTegra WBE,DBE,VOSB Grand Junction CO Zaphyr Technologies MBE,SBE Parsippany NJ Zeno (Tampa _ FL GSA MAS Contract 47QTCA 19DOOMM Price List,updated 9/29/2020 Page 12 of 13 Page 335 of 1299 GSA Line Card - SYNNEX Corporation Updated 09/29/2020 GSA MAS Contract 47QTCA-19-D-OOMM Expires 09/24/2024 GSA@SYNNEX.com 3M Cl-Computer Instruments Harman Professional NanoLumens SIDS Absolute Software Computer Security Solutions NCP SKB(Stephen Gould) ADATA Technology Products HID Global Netgear SMK-Link Add-On Computer CoNarrative HPE** Netmotion Wireless Sony Aegex Technologies Contex America** HPI Inc** Netsurion Sangoma(Digium) Agosto,Inc Cradlepoint HSM of America Novastar SpacePole,Inc. Allied Telesis** CRU-Dataport Humanscale Nvidia Corp StarTech.com LTD. APC CyberPower HyperSign Obsidian Integration StorageCraft Arclyte Tech D&R Electronics Hyundai IT One World Touch Stratus ATDEC Da-Lite Hyve Overland Storage SunBrite TV ATEN Dahle Igel America Paessler Synchrotech ATS—Alternative Das Keyboard iKey Palo Alto Networks(SLED SYNNEX Corp Technology Solutions Datacore Software Innovative Office only) SYNNEX PrintSoly Autel Robotics Dataram Corp IOGear Panasonic** TAG Global Axiom DH2i iStarUSA Paragon Software Targus B+B Smartworx D-Link iStorage Parsec Team One Networking Barracuda Networks** Digi International ITG Patrol PC Total Micro Technologies Bay Dynamics Durabook IX Systems PC Matic Transcend Becrypt Eaton Ixia,a Keysight Business Peripheral Logix Total Micro Technologies Belkin Edge Memory Kantek Pivot 3 Inc. 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TCA19DOOMM Price a�_ GSA MAS Contract 47 List,..ist,updated 09/29/2020 ** _ Special Auth Required Page 336 of 1299 CRA 5 Adobe full licenses CRA-account #001-5001-590.49-17-project code CRA20 WO_72717 Connection- PUBLIC SECTOR SOLUTIONS We solve IT` ORDERING INFQRMATION GovConnection,Inc.DSA Connection Please contact your account manager with any questions. Ordering Address Remittance Address GovConnection,Inc. GovConnection,Inc. 732 Milford Road Box 536477 Merrimack,NH 03054 Pittsburgh,PA 15253-5906 Please reference the Contract#on all purchase orders. TERMS&CONDnTONS Payment Terms: NET 30(subject to approved credit) FOB Point: DESTINATION(within Continental US) Maximum Order Limitation: NONE FEIN: 52-1837891 DUNS Number: 80-967-8782 CEC: 80-068888K Cage Code: OGTJ3 Business Size: LARGE Erate Spin Number: 143026005 WARRANTY:Manufacturer's Standard Commercial Warranty NOTE: It Is the end user's responsibility to review,understand and agree to the terms of any End User License Agreement(EULA). Important Notice: --THIS QUOTATION IS SMECT TO THE FOLLOWING Terms of Sale:All purchases fmm Govcannectlon,Inc.are subject to the Company's Standard Terms of Sale,which describe'Important legal rights and obligations.You may review the Compony's Standard Terms of Sale an the Company's website:www.gowonnection.com or you may request a copy via fax,a-mall,or mail by calling your account representative.The only exception to this policy Is if your order ls being placed under any one of our many national, state,educational or cooperative Agreements,In which case the Terms and Conditions of your Purchase Order are already pre- negotiated and stated in that Agreement.No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing In your Purchase Order are considered null and void.please refer to our Quote Number In your order. If you require a hard copy invoice for your credit card order,please visit the link below and click on the Proof of purchase/Invoice 11 n on the left side of the page to print one:httos•//www.eaveomteetlon.COm/web/Sh000lnzfPrpofOfPurchose w..._ Please forward your Contract or Purchaw order to: QUESTIONS;Call _ 19' FAX:603.683.0074 Page 337 of 1299 6.G. CONSENTAGENDA 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on October 20, 2020. Explanation of Request: The City Commission met on October 20, 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 APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 10-20-2020 Page 338 of 1299 Minutes of the City Commission Meeting Held Online via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, October 20, 2020, at 5:30 p.m. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Woodrow Hay, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner ABSENT: Justin Katz, Commissioner Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant Called the Meeting to order at 5:31 p.m. John McNally, ITS Director, read a statement explaining how the meeting would proceed and how the public could participate. Invocation by Pastor Duane Roberts of Calvary Chapel Pastor Roberts gave the invocation. Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Mayor Grant led the Pledge of Allegiance to the Flag Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added a Proclamation for Breast Cancer Awareness to the agenda as Item 3.F. Page 339 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Item 9.B., Charlotte Pelton and Associates, was moved up to Announcements. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioners Hay, Romelus and Vice Mayor Penserga had no disclosures. Mayor Grant attended the SE Florida Regional Climate Change Compact and the Policing Forum at the Arts Garage, with both the Boynton and Delray Beach Police Chiefs present discussing Neighborhood Policing. He attended the Transportation Planning Agency meeting and had a discussion with Ocean Hudson. He attended a Remembrance Ceremony for Corey Jones at the Art Garage and attended the City's Ribbon Cutting Ceremony for the City's new Downtown Playground. He went to Betty Thomas Park with Community Greening and planted 45 trees along the walkway to create a shaded path, and visited the Nickels Boulevard forest on Harlowe Avenue. He announced the Read for the Record event on October 29tH 3. Announcements, Community and Special Events and Presentations A. Proclaim November 1, 2020 as "Extra Mile Day". Eleanor Krusell, Public Communications and Marketing Director, will accept the proclamation. Mayor Grant read the above proclamation. Eleanor Krusell, Public Communications and Marketing Director, thanked the City Commission for the Proclamation and accepted it on behalf of her team members, Laura Lansburgh, Chelsea Sanabia and other employees who worked hard to keep the City informed and safe during COVID. B. To honor the memory of Assistant City Manager Tim Howard who passed away on October 14, 2019, the Tim Howard Excellence in Public Service Award has been created to recognize employees who exemplify comparable characteristics, including adherence to the highest ethical standards and work integrity. This award is dedicated in Mr. Howard's memory, acknowledging his contribution to not only the City of Boynton Beach, but to the field of local government and public service. Mayor Grant announced the Award. Lori LaVerriere, City Manager, explained October 14th marked one year since Mr. Howard's passing. She thanked Mayor Grant for his idea 2 Page 340 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 of how to honor him. She announced if it was not for Mr. Howard, the Town Square would not have come to fruition. It was decided he City would create a special Public Service Award and plaque that will be unveiled next Friday at 4 PM at the Incubator Space. The perpetual plaque was designed to acknowledge employees nominated with exceptionally high standards of excellence, integrity and ethics. There will be a rigorous vetting process. The first year it will be awarded to Mr. Howard posthumously. Staff will finalize the standards and then roll them out to employees on the New Year. C. Early Voting for the November 3, 2020 General Election is from Monday, October 19, 2020 through Sunday, November 1, 2020. The Early Voting hours are from 7:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. The City is working in partnership with the Mae Volen Center to provide free transportation for our residents to the Hester Center. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.12bcelections.org/Voters/Early-Votina. Mayor Grant announced the above. The phone number to call to arrange transportation to the polls is (561) 395-8920 x 231. Ms. LaVerriere asked all to spread the word. It is a free ride, to and from the Hester Center for the two weeks of early voting. The service is on the City's social media and electronic billboard on 1-95, Facebook and via newsletter. Vice Mayor Penserga asked if they could use the City's app to push the service and learned it was already pushed out. Commissioner Hay asked if the transportation would extend to November 3, and learned it would not. There are 26 polling stations and it would be too difficult to coordinate it with the polling locations. Mayor Grant urged all to vote. The Supervisor of Elections has mail in ballot van that is going around for voters to drop off their completed mail in ballots. It was noted the Feeding South Florida food distributions would not take place at the Hester Center for the next two weeks, but there will be a large Feeding South Florida event at the mall on October 24tH D. Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents the week of November 2-6, 2020. David Monestime, Solid Waste Manager, announced the semi-annual Tire Amnesty event, explaining that up to eight car tires can be placed curbside for pickup with or without the rims, but they must be separate and apart from the regular trash pick-up . If anyone misses Amnesty Week, they can call Solid Waste at 742-6200 and they will assist. The Last amnesty week the City collected 3.6 tons of tires. E. Presentation by Mayor Steven B. Grant concerning recommended enhancements for the Woolbright Road — 1-95 interchange improvement project. Mayor Grant explained the City requested flashing beacons from the Florida Department of Transportation (FDOT) to be placed at crosswalks to notify motorists to stop for pedestrians and cyclists. A widening of Woolbright Road at the SW 8t" Street interchange was proposed as well as a second left-turn lane. The FDOT proposed having a five-foot 3 Page 341 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 bike lane on a 40-mph road, which Mayor Grant felt created a high likelihood of injury and he suggested moving the bike path onto the sidewalk to create a protected place for cyclists. They are reviewing signs so that cyclists will know that pedestrians have the right of way and must yield to them. He advised the FDOT is also looking to expand the overpass on Woolbright Road, taking out additional mature landscaping on the greenspace. Mayor Grant recommended that the required funding under Florida Statute be spent on this interchange. Since Boynton Beach is not a high traffic area for national or international travel, the State was planning on providing excess landscaping in Boca, Jupiter, West Palm Beach and Stuart. Boynton Beach is in District 4, which stretches from Ft. Lauderdale to Ft. Pierce, and FDOT can spend funds anywhere in that area. Mayor Grant was able to arrange for over $100k of landscaping required for the project be installed at this intersection. Revisions for the draft resolution was reviewed. Mayor Grant wanted to ensure the City was safe for anyone getting around the City and was looking forward to discussions to have arterial roads become bike paths. Vice Mayor Penserga asked about the process, which Mayor Grant reviewed. He announced the resolution passed unanimously and FDOT and the City will work on the project in the future. F. Breast Cancer Awareness Proclamation. Mayor Grant read the proclamation in honor of Breast Cancer Awareness. No one was present to accept the proclamation. 9.B.Charlotte Pelton of Charlotte Pelton & Associates will provide an update on the City's Naming Rights Campaign for the Town Square Project. Charlotte Pelton had a PowerPoint presentation which she reviewed. She explained they were contracted in March 2019 to help fundraise and facilitate philanthropic gifts for the public element of the Town Square project. The components were the Schoolhouse Children's Museum, the Boynton Beach Public Library, the Boynton Beach Cultural Center, specific public spaces within City Hall, the Amphitheater, the Innovation Centre, the Family Adventure Park and the Boynton Beach History Trail to highlight Boynton Beach history in the Town Square. They work with leaders of various entities and provide funding above and beyond what the City can provide. Most of 2019 focused on developing campaign materials and they worked with the Mayor, Commissioners and City staff to identify potential donors and they will continue to identify additional donors. Io- date, there were seven gifts totaling $274,250 and there are three additional pledges. They resumed socially distanced tours to showcase the building. Ms. Pelton advised they have beautiful comprehensive materials each Commissioner will receive and they will continue with their donor research. They have started an internal campaign to reach out to the Town Square contractors and were seeking gifts from each 4 Page 342 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 of them. They will be approaching large city vendors including bankers and financial institutions, whom several seem interested. They have recruited a strong leadership committee to advocate for the project. A more detailed report was included the package. Commissioner Romelus requested a quarterly check-in and have a goal tracker. Ms. Pelton agreed and explained they are not making donor information public at this time, but they would welcome any gift made by the Commissioners to the campaign. It would send a beautiful signal of support to the community. Mayor Grant asked what the minimum gift was. Ms. Pelton suggested a meaningful gift was subjective to the donor and would be different for each person. It could be $100 a year for five years or $10K a year for five years. There are also naming opportunities starting at $2,500 and they accept multi-year pledges. There will be donor recognition of all gifts on the website. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Grant announced the Legacy Project remained on the table at the request of the applicant and the Nickels Boulevard will remain on the table until November 4th. Tom Warnke, 2780 Worchester Road, explained his family moved to Boynton Beach in 1956. He supported the New Business Item regarding prohibiting EPS foam on City property and noted other municipalities were taking similar actions. He supported finding a way to save the 15-acre Nickels forest property and commented everyone wants to know why the City Commission wants to sell it. He asked the City Commission if: • Part of their decision-making process was in consideration of what value the forest has to the City if it could be saved? • What if a private citizen offered to match the best offer, which he believed to be about $3M, if a private citizen offered to match the best offer and pay cash for the forest to make it a preserve, how would City Commission react to that offer? • Does the City Commission have other reasoning, other than income for the City? Is there another reason that has not been expressed by any Commissioner that he heard? • If an offer were to be made to purchase the property to preserve the forest, would the City Commission approve that offer instead of an offer that would result in the construction of residences? • Is there an incentive for the City to have additional residential units constructed? This type of transparency is a good thing and may help justify the Commission's reasonings. Mr. Warnke spoke to the County and their response was the forest was certainly worth keeping as a preserve or passive park. The political will and monetary considerations are 5 Page 343 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 the answer to whether it will happen. Palm Beach County may be interested in purchasing the property from the City to preserve it as a forest preserve or passive park, but unless the City Commission instructs the City Manager to look into this option, they may never know. Mr. Warnke announced he will conduct private tours of the forest. Mike Corcoran, 9317 Longmeadow Circle, explained they had a meeting on the corner of Nickels Road and Old Boynton Beach Boulevard. There were about 50 participants there to record their endeavors to publicize that Nickels Boulevard is something worth saving. He had a video on his phone showing the tour, which was viewed. He advised they are serious about trying to preserve the property as a forest area. Susan Oyer, 140 SE 27th Way, announced she enjoyed planting trees at Betty Thomas Park. She thanked Mayor Grant for attending and was surprised Commissioner Romelus was not present as the park is near her home. She thanked Mayor Grant for the Climate Change Compact and for the $100K for landscaping on Woolbright Road. She liked that Mayor Grant attended two tree and global warming events and that the City Commission voted to create a Sustainability Committee and Green Building Codes, helping to make the City a leader in the County and State. She liked the Go Green and Energy Edge Rebate program, that they are banning styrofoam in parks and to plant 3K trees a year . She did not understand how they can justify raising trees and slaughtering animals to destroy a nature reserve the community has enjoyed for 59 years. She urged the City Commission to make the forest a nature preserve. Annie Saunders, 9365 Longmeadow Circle, lives close to the forest. She understood Mayor Grant pledged to protect the environment when he ran for office and she has read the bios of the Commissioners. She respected the forest and spoke to the Florida Wildlife Commission Gopher Tortoise Manager today and there are only a third of the tortoises left and they are protected. She is a former environmental science teacher and she understands the importance of the eco system. The City of Boynton Beach should keep the original county designation of a preserve and change it to a conservation protected area. When relocating tortoises, they go to an established conservation area. The land is more than a forest: it is a tree canopy. They have more negative additions to population density, traffic congestion, noise pollution, property tax increases and she did not want any more crowds in the canals. Her home backs up to the canal that abuts the forest. The Florida Fish and Wildlife Management Plan is specific. There are federally protected species that like the burrows where the gopher tortoises lay their eggs. She thought the Commission should not move forward and they need an educational preserve conservation area that children will love. Butch Buoni, 450 Horizon East#304, Boynton Beach commented the Boynton Coalition for Responsible Development advised they opposed Agenda Item 8, regarding proposed Ordinances 20-34 and 35 and the proposed site plan for Legacy. The City Commission cannot approve on first reading the proposed ordinances and site plan. He thought the timing of the City Commission's review of the project is not acceptable. Many residents are not in town or aware of the project and some cannot attend the meeting due to the 6 Page 344 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 pandemic or are not technologically able to attend the meeting virtually. He commented there is no demonstrated need for 98 dwelling units per acre density and pointed out the Planning and Development Board denied the development. He thought closure of SE 1 St Avenue only benefits the development, not the surrounding area. The closure will interrupt the grid system and traffic flow to the entire area. Ocean Avenue and Federal Highway, with the closure SE 1St, is a critical intersection to maintain the flow of traffic in the city and the residents in Sterling Village. He thought allowing the developer to purchase additional density under the guise of workforce housing was a slippery slope and that it was unsustainable for responsible growth. He noted their concerns regarding Riverwalk were ignored and they deserve a voice. Louanne Moore, 133 Buffet Key, Boynton Beach, said that last July, she requested to see the wireless telecom facilities that the City was permitting. It was only after a facility for a small cell was built at Checkers that she discovered there were nine small cells currently being permitted as electrical permits for facilities to be placed in rights-of-way by their homes and on the streets in close proximity to her. On review of the permits, it was learned the antennas were high powered antennas to accommodate G technology. Ms. Moore announced the antennas are overpowered, too close to the ground and they are required to have reviews and mitigations under federal law which did not occur. She went to eight of nine sites for a needs test and found there is totally adequate service for the provider, so there was no need for the public health and safety problems to be permitted near their homes and near them on the street. The facility at Checkers is not in service and it needed to be removed as an unnecessary public health and safety problem and Ms. Moore asserted it was never properly permitted in the right of way to begin with. It has become the belief that antennas are exempt from review for compliance with anything less than all applicable laws. She contended the word exempt is not in Florida Statute 337.401. The Florida Public Service Commission and Federal Communications Commission only regulate the prices of the wireless facilities. She urged the City Commission to review its Ordinances for telecommunication systems and establish home rule to ensure facilities are safe and necessary. She asked to meet with the City more than once and she hoped they would find time to respond to the request. Thomas Moscalo the owner of the Boynton Beach Dive Center, commented he knows progress is important, but he speaks as a small business owner. He was told the property he uses for his business was sold and he investigated other areas to rent, but there were only two places. One was at 416 E Boynton Beach Boulevard and the other was the former CRA office on Federal Highway. The former CRA office location was $7,700 a month rent and the other was $2,700 a month, but could not accommodate their needs. He advised other small business owners on 1 st Avenue and the area by the plaza near Frankie's, will need some place to go if these new projects develop. Small businesses are part of the growth of Boynton Beach. He requested the Commission do something for small business owners. When large developers come in, the prices for rents therein are exorbitant. There was no place for small businesses to go. 7 Page 345 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Drew Martin, on behalf of the Sierra Club, was concerned the development of the Nickels property would damage the City's efforts to stop climate change. The property has important species on it and he wanted the City to preserve the property. He thought cities who support climate change should respect trees and there are numerous trees on the property that need protection. Existing mature trees are the type of trees they need to preserve. He did not think the City needed to sell the property. He asked they not go forward with the sale of the property. Elizabeth Rogue, Centennial Management, received confirmation the Nickels property item was tabled to November 4th. Robert Nebb, 640 E Ocean Avenue. was against abandonment of SE 1St Avenue. Tractor trailers make deliveries to the shopping center and it is the rear entry to everyone else on the south side of Ocean Avenue which often floods. SE 1 st Avenue was the only access to Ocean Avenue when Ocean Avenue floods out. He opposed abandonment and advised they must keep the street open. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory Boards Motion Mayor Grant nominated Tory Orr to be on Parks and Recreation Board. Commissioner Hay seconded the motion. The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $40,281.96, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. B. Proposed Resolution No. R20-114 -Approve and authorize the Mayor to sign the First Amendment to the Coronavirus Relief Fund (CRF) Agreement (Resolution Number R20-076) between The City of Boynton Beach (Subrecipient) and The Florida Housing Finance Corporation ("Florida Housing"). 8 Page 346 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 C. Approve the Sara Sims Park record plat, subject to final signatures by the City Engineer. D. Accept the written report to the Commission for purchases over $10,000 for the months of August and September 2020. E. Proposed Resolution No. R20-115 -Authorize the Mayor to execute the Florida Inland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park. F. Proposed Resolution No. R20-116 -Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. G. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for October 20, 2020 "Request for Extensions and/or Piggybacks." H. Approve donation of $3,206.66 from the State Forfeiture Funds to Scholar Career Coaching, Inc. I. Approve donation of$4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. J. Approve donation of $3,206.66 from the State Forfeiture Funds to Connect to Greatness, Inc. K. Approve donation of $3,206.66 from the State Forfeiture Funds to Bill Tome Foundation for Kids & Families. L. Approve minutes from the City Commission meetings on September 22 and September 30, 2020. Motion Commissioner Romelus moved to approve the Consent Agenda. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 20, 2020 "Request for Extensions and/or Piggybacks." 9 Page 347 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 B. Approve award of the "Co-Operative Bid to Furnish, Deliver and Discharge of Bulk Quicklime"; Bid No. 20-21 B by the Southeast Florida Governmental Purchasing to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $550,000.00. This product will be ordered on an "As Needed" basis. C. Approve Task Order SCADA-03-2021 with McKim & Creed in the sum of $297,118.00 for assistance with Remote Site Programmable Logic Controllers (PLC) upgrades in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. D. Approve the purchase of additional licenses, training, and development services from Transcendent Corporation for the expansion of the City's asset management system to incorporate all remaining existing facilities, golf course and parks. The cost of additional licenses and training for phase 3B is $48,350. With the total estimated annual expenditure of $135,000 between Public Works and Utilities. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-034 - First Reading -Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) B. Proposed Ordinance No. 20-035 - First Reading -Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI 10 Page 348 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Mayor Grant announced earlier that at the request of the applicant, these three agenda items regarding Legacy at Boynton Beach will remain on the table until the November 4, 2020 Commission meeting. 9. City Manager's Report A. At the request of Mayor Grant, Human Resources will make a brief presentation on the City's internship programs. Julie Oldbury, Human Resource Director, gave a brief overview of the City's Internship Program and reviewed a PowerPoint presentation. She announced the City has several programs for college students and all students, comprised of Partnership programs, Apprenticeships and Training Programs. A future Summer Program was deferred due to COVID. Ms. Oldbury explained the purpose of the programs are to show there are many opportunities for employment in public service. Undergraduates and graduates may also be required to complete an internship in their field of study and the City's program meets those requirements. Through internships, students to get workforce experience in government in a real-world work environment. The City also has partnerships with other agencies to provide summer programs for students with challenges in their homes to help them gain workforce experience while earning a weekly stipend. The ITS Department has a partnership with South Tech Academy for students with special needs and abilities which allows them to shadow ITS personnel in the City as well as in the Police Department and the Library. Many departments have trainee programs and career paths which offer full-time employment, with little to no previous experience and on the job training. Ms. Oldbury advised these positions are posted on the website when they are available. The Summer Program, which could accommodate 15 individuals, will be available in the summer of 2022. Anyone interested in these positions should apply through the City's website, email the Human Resources and the Risk Management Department at HR@ bbfl.us, or call them at (561)742-6275. Vice Mayor Penserga asked if Human Resources reaches out to the high school and learned staff contacts high schools and others to obtain participants and they could customize an internship program as college is not always a career path for everyone and there are opportunities for a career without a college degree. They are 11 Page 349 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 highlighting the different opportunities they have on Facebook that working for the City is a fantastic opportunity. This week is Local Government Week and the City will have a variety of employees appear on Facebook Live. Commissioner Hay asked if they are using the MyBB app to publicize the information and learned there is a link on Join our Team that will take viewers directly to the HR page. She will also add additional information about it on the app. B. Charlotte Pelton of Charlotte Pelton & Associates will provide an update on the City's Naming Rights Campaign for the Town Square Project. This item was previously addressed. 10. Unfinished Business - None 11. New Business A. Commissioner Romelus requested this item be placed on the agenda for the Commission's consideration of a future ordinance prohibiting the use of EPS foam in city facilities. Commissioner Romelus and Rebecca Harvey, Sustainability Coordinator, discussed this item. A request was made by some organizations for this item. Colin Groff, Assistant City Manager, explained if the City Commission is willing to go forward, staff can bring back an Ordinance that would have several options for prohibiting these products on city property using their contracts. Mayor Grant favored having an Ordinance and advised EPS stands for Expanded Poly Styrene which is what items like TVs are packed in so they are not damaged in transit. He thought it may be difficult for procurement, because they would not know how the product is packed, but this type of plastic damages the environment. He thought whatever they can do to incentivise businesses to stop using it was worth the effort. It takes a very long time for this product to break down. There was consensus to move forward with the ordinance. A draft ordinance will be brought back. 12. Legal A. Proposed Ordinance 20-036 - First Reading -Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Attorney Cherof read Proposed Ordinance 20-036 by title only on first reading. Motion 12 Page 350 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. Mayor Grant opened public comments. No one came forward. Mayor Grant was concerned about permitting. He wanted to ensure anyone attempting to get a new permit understands there are new fire safety rules. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Resolution No. R20-117 -Approve and authorize the Mayor to sign a Lease Agreement with the Boynton Beach Community Redevelopment Agency for 209 N. Seacrest Blvd. Motion Vice Mayor Penserga moved to approve. Commissioner Romelus seconded the motion to approve. There were no comments on this item. The motion unanimously passed. C. Proposed Ordinance 20-037 - First Reading -Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts. Attorney Cherof read Proposed Ordinance 20-036 by title only on first reading. Motion Commissioner Hay moved to approve. Commissioner Romelus seconded the motion. Susan Oyer, 140 SE 27th Way, supported showing the public the presentation so they could be aware the City will stack more people into tall buildings without providing appropriate parking. She contacted the Planning Department and they indicated parking would be on the low end. She noted the building may provide appropriate rental prices, but questioned how they would enforce low workforce housing rents if it was not part of the ordinance. She thought there should be mandatory price maximums and that parking be addressed. There will be singles, couples and small family rentals that will have vehicles. She thought workforce housing was great for small micro units, but they would not be charged lower rents and that more time should be spent on the ordinance. 13 Page 351 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 Amanda Radigan, Principal Planner, reviewed the ordinance which changed the way density is calculated in the Downtown Transit Oriented District (DTOD) only and would allow units smaller than 750 square feet to be counted as half a unit. The units are restricted to one bedrooms or efficiencies. They have to be in Transit Oriented Development and they are limited to the Mixed-Use 2, 3, 4 and Core Districts, which is their highest levels of land uses. Martin, Sarasota and Broward Counties have similar standards. The provision would allow for a greater housing supply and it naturally motivates more affordable units in a building. With more small units compared to larger units, the result is a greater percentage of affordability, but they are not capped by strict workforce housing income guidelines. It would result in a higher population density and it supported implementation of the CRA plan. Ms. Radigan reviewed the two density caps. When counting half units, they are limited to the underlying zoning district cap. If a zoning district allows 80 units, when counting half units, they are still capped at 80, if counting one to one, they are limited by the land use cap. No matter what, they would never go above the designated density in the Comprehensive Plan. A map of the areas that would allow the units was viewed. She advised this amendment is one in a series of changes that staff is working on. Accessory dwelling units will be presented in the future. Mayor Grant noted parking was not in the presentation, but learned the parking was unchanged. Mayor Grant queried if there are four units of 500 square feet and a three- bedroom, two-bath unit comprised of 2,000 square feet and learned the amendment allowed the density at the same sized location, so that the developer was incentivized to have smaller units than larger units. The amendment is more meant for, and not so much for Millennials, but for Generation X's and future generations. The plan is to build our City for the future and it will be different than it was 15 years ago before Marina Village and Casa Costa was constructed. They are here and the City has to build the downtown. The amphitheater will have concerts; the Historic High School Civic Center will have plays. They City needs people and he was concerned about economic development. The City needs to have residents and jobs as well. He hoped they could address how to address parking for mixed use and have an overlap to achieve the density for people coming and going into the City. Commissioner Romelus noted this was just one change they were making. A workshop will be held in November. Changes regarding accessory dwelling units was forthcoming and they will go through ideas. The workshop will be held on November 12th at 5 p.m. in a webinar format. Vote City Clerk Gibson called the roll. The vote was 4-0. D. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (The City Attorney recommends this item remains on the table until the November 4, 2020 Commission meeting.) 14 Page 352 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 13. Future Agenda Items Mayor Grant learned of previous attempts to annex the area between Nickels Road and Javert. He thought the City Commission should get a better understanding because this property is not in the City and there are no plans to annex it. If they do annex the property, it would make sense to preserve it. He would like information on prior annexation attempts for discussion. With this property annexed, they can annex more property. He thought if selling the land was for a financial reason, they could negotiate and get additional revenue for the City, and it be in perpetuity, which would be a better deal for the City than a one-time sale of the property. He requested consensus this would be on the November 4t" agenda before the Mallorca Isles item. Commissioner Romelus noted the City cannot annex property that is not contiguous to City limits. Mayor Grant agreed, and commented Mr. Groff had mentioned there was a prior annexation attempt involving this property for water service and it was very close. He thought it would make sense to annex the property between Javert and Nickels and keep the land as a nature preserve. Ms. LaVerriere explained they worked with the County a year and a half ago to annex the land from the mall to the Nickels property and all the residential properties. The residents favored annexation, and the vote was very close, but it was not enough and the annexation was not passed. By annexing the property, it would make the parkland contiguous. Staff will bring those details to the meeting. Vice Mayor Penserga supported receiving more information. He thought if the City would annex the property, they should maintain it, and the city was not making enough investment to its current parks and current preserves. Mayor Grant announced the next meeting is Wednesday November 4t" due to Election. Day. He also noted Daylight Savings Time is November 1St and all should set their clocks back one hour. A. Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 B. Hear monthly update from E2L Solutions and JKM Developers, Inc. regarding the Town Square Project. - November 4, 2020. C. ILA between the City and CRA for conveyance of property located at 1102 N. Federal Hwy. - November 4, 2020. D. Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 E. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD 15 Page 353 of 1299 Meeting Minutes City Commission Boynton Beach, Florida October 20, 2020 F. Proposed Resolution No. R20-093 -Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the 9/15/2020 Commission meeting.) - TBD 14. Adjournment Motion Commissioner Hay moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 7:16 p.m. Mr. McNally explained how to access the video of the meeting. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 16 Page 354 of 1299 va — � v c o > E E E y u u K a 0o 0 E y o E F , o 0 E U N al O c ? 0 K N N U 0 Z a) al 6 O C a o '> N C O L O C v a z Q 0 0 O v Q as � p p u E 'H w y N o E O - O v � � tit 0 0 .= c 0 U dNLE T N a) s o ~ v > Y N Q O a1 C C O GC N _ O G a U ♦ a o A U O o N v a, y p n a + y Q 0) N > r u ` O u a O a .- oy o ` O C LO } s v LO 3 � p ' 0 > Q v o u 4t T C L M N N > a y o p > C 0 o >. o — � E a` . O v O a a) Q y y o � v � E U a) f0 O C 0 H O r ` b y al O O L E E ° C O H C by V o m al E -ac' N O a Z z Z v v v 0 > ° C101 amo+' oo O Z in r4 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Resolution No. R20-126-Authorize the City Manager to sign a piggyback agreement with ETR L.L.C. for one (1) International/ETR medium fire rescue in the amount of$410,998.00. This unit utilizes the Florida Sheriffs FSA20-VEF 14.01 contract. The Florida Sheriffs contract satisfies the City's procurement requirements. Proposed Resolution No. R20-127-Authorize the City Manager to sign a piggyback agreement with Ten-8 for one (1) skeeter fire brush truck in the amount of$254,747.93. The unit utilizes the FSA20-VEF 14.02 contract. The Florida Sheriffs contract satisfies the City's procurement requirements. Proposed Resolution No. R20-128-Authorize the City Manager to sign a piggyback agreement with Sutphen for one (1) custom pumper fire apparatus in the amount of$724,100.00. This unit utilizes the Sourcewell contract#022818-SUT. The Sourcewell contract satisfies the City's procurement requirements. Explanation of Request: The Fleet Manager recommends the purchase of one (1)fire rescue truck, one (1)fire brush truck and one (1)fire pumper truck. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA20-VEH 14.01 and FSA20-VEH 14.02 (Effective May 1, 2020—March 31, 2023). Sourcewell contract (Effective until April 16, 2022) The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. ETR L.L.C. for one (1) International/ETR medium fire rescue in the amount of$410,998.00. This unit utilizes the FSA20-VEF 14.01 contract. 2. Ten-8 for one (1) skeeter fire brush truck in the amount of$254,747.93. The unit utilizes the FSA20- VEF 14.02 contract 3. Sutphen for one (1) custom pumper fire apparatus in the amount of$724,100.00. This unit utilizes the Sourcewell contract#022818-SUT These vehicles are specified, designed and fully equipped for the unique level of services provided to our citizens and will enhance the department's ability to respond to advanced life support medical emergencies, multiple fire emergencies, high water emergencies, and brush fires in our nature preserves, scrub areas and unimproved forests. All of these vehicle purchases have been pre-funded through the Fleet Replacement Program and will cost less than the prefunded budget. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to our residents. Page 356 of 1299 Fiscal Impact: Budgeted Funding for these purchases is budgeted in FY 20/21 fleet replacement account in the amount of$1,416.896. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: Various Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Page 357 of 1299 ATTACHMENTS: Type Description D Resolution Resolution approving piggy-back agreement with Ten-8 D Resolution Resolution approving piggy-back agreement with ETR D Resolution Resolution approving piggy-back agreement with Sutphen D Agreement Piggy-back Agreement with ETR D Agreement Piggy-back Agreement with Ten-8 D Agreement Piggy-back Agreement with Sutphen for pumper fire apparatus D Attachment Fleet Vehicle Purchases Y2 2-2021 October 2020 D Contract F L Sheriff's Contract#F SA20-V E F 14.0 D Quotes ETR Quote D Quotes ETR Boynton each Shop Order 8-20-20 D Other ETR Component List D Quotes Boynton Beach-Component List 4889- Boynton Beach Florida (4) D Quotes Boynton each 2020 Engine- Proposal (9-24- 2020) D Other Boynton B each-Skeeter-Specification 4889- Boynton each Florida (4) D Quotes Ten-8 Quote D Quotes Skeeter Option pricing Page 358 of 1299 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A PIGGY-BACK AGREEMENT WITH TEN-8 AND APPROVE THE 6 ISSUANCE OF A PURCHASE ORDER FOR ONE (1)SKEETER FIRE 7 BRUSH TRUCK IN THE ESTIMATED AMOUNT OF $254,747.93 BY 8 UTILIZING THE FLORIDA SHERIFFS ASSOCIATION CONTRACT 9 FS20-VEF 14.02; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Fleet Manager recommends the purchase of one (1) Skeeter fire 13 brush truck which will be used throughout the City to provide services to City residents; and 14 WHEREAS, the City Commission of the City of Boynton Beach, upon the 15 recommendation of staff, deems it in the best interest of the citizens and residents of the City 16 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement 17 and approve the issuance of a purchase order which approval shall be subject to the final 18 approval by the City Attorney, for one (1) Skeeter fire brush truck in the estimated amount of 19 $254,747.93 by utilizing the Florida Sheriffs Association Contract FS20-VEF 14.02. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 23 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 24 Section 2. The City Commission of the City of Boynton Beach hereby approves 25 and authorizes the City Manager to execute a piggy back agreement and approve the issuance 26 of a purchase order, subject to the final approval by the City Attorney, for one (1) Skeeter fire 27 brush truck in the estimated amount of $254,747.93 by utilizing the Florida Sheriffs 28 Association Contract FS20-VEF 14.02. 29 Section 3. A copy of the piggy-back Agreement and Purchase Order are attached S:ACA\RESO\Agreements\Piggy-Back-Withten-8(Skeeter Fire Brush Truck) -Reso.Docx Page 359 of 1299 30 hereto as Exhibit"A", and shall be executed by the City Manager and other appropriate city 31 officials once approved by the City Attorney. 32 Section 4. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of November, 2020. 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor— Ty Penserga 40 41 Commissioner—Justin Katz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Christina L. Romelus 46 47 VOTE 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 S:ACA\RESO\Agreements\Piggy-Back-Withten-8(Skeeter Fire Brush Truck) -Reso.Docx Page 360 of 1299 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A PIGGY-BACK AGREEMENT WITH ETR, L.L.C.,AND APPROVE 6 THE ISSUANCE OF A PURCHASE ORDER FOR ONE (1) 7 INTERNATIONAL/ETR MEDIUM FIRE RESCUE VEHICLE IN THE 8 ESTIMATED AMOUNT OF $410,998.00 BY UTILIZING THE 9 FLORIDA SHERIFFS ASSOCIATION CONTRACT FS20-VEF 14.01; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Fleet Manager recommends the purchase of one (1) 14 International/ETR medium Fire/Rescue vehicle which will be used throughout the City to 15 provide services to City residents; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon the 17 recommendation of staff, deems it in the best interest of the citizens and residents of the City 18 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement 19 and approve the issuance of a purchase order which approval shall be subject to the final 20 approval by the City Attorney, for Fire Rescue vehicle in the estimated amount of$410,998.00 21 by utilizing the Florida Sheriffs Association Contract FS20-VEF 14.01. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 25 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 26 Section 2. The City Commission of the City of Boynton Beach hereby approves 27 and authorizes the City Manager to execute a piggy back agreement and approve the issuance 28 of a purchase order, subject to the final approval by the City Attorney, for one (1) 29 International/ETR medium Fire Rescue vehicle in the estimated amount of $410,998.00 by S:ACA\RESO\Agreements\Piggy-Back-With ETR LLC(Fire Rescue Vehicle)1 -Reso.Docx Page 361 of 1299 30 utilizing the Florida Sheriffs Association Contract FS20-VEF 14.01. 31 Section 3. A copy of the piggy-back Agreement and Purchase Order are attached 32 hereto as Exhibit"A", and shall be executed by the City Manager and other appropriate city 33 officials once approved by the City Attorney. 34 Section 4. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of November, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner—Christina L. Romelus 48 49 VOTE 5o ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 S:ACA\RESO\Agreements\Piggy-Back-With ETR LLC(Fire Rescue Vehicle)1 -Reso.Docx Page 362 of 1299 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A PIGGY-BACK AGREEMENT WITH SUTPHEN CORPORATION, 6 AND APPROVE THE ISSUANCE OF A PURCHASE ORDER FOR 7 ONE CUSTOM PUMPER FIRE APPARATUS IN THE ESTIMATED 8 AMOUNT OF $724,100.00 BY UTILIZING THE SOURCEWELL 9 CONTRACT #022818-SUT; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,the Fleet Manager recommends the purchase of one (1) custom pumper 14 fire apparatus which will be used throughout the City to provide services to City residents; and 15 WHEREAS, the City Commission of the City of Boynton Beach, upon the 16 recommendation of staff, deems it in the best interest of the citizens and residents of the City 17 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement 18 and approve the issuance of a purchase order which approval shall be subject to the final 19 approval by the City Attorney, for one (1) custom pumper fire apparatus in the estimated 20 amount of$724,100.00 by utilizing the Sourcewell Contract 4022818-SUT. 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 being 24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves 26 and authorizes the City Manager to execute a piggy back agreement and approve the issuance 27 of a purchase order, subject to the final approval by the City Attorney, for one (1) custom 28 pumper fire apparatus in the estimated amount of $724,100.00 by utilizing the Sourcewell 29 Contract 4022818-SUT. S:ACA\RESO\Agreements\Piggy-Back-With SUTPHEN(Pumper Apparatus) -Reso.Docx Page 363 of 1299 30 Section 3. A copy of the piggy-back Agreement and Purchase Order are attached 31 hereto as Exhibit"A", and shall be executed by the City Manager and other appropriate city 32 officials once approved by the City Attorney. 33 Section 4. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of November, 2020. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Ty Penserga 41 42 Commissioner—Justin Katz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Christina L. Romelus 47 48 VOTE 49 ATTEST: 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 S:ACA\RESO\Agreements\Piggy-Back-With SUTPHEN(Pumper Apparatus) -Reso.Docx Page 364 of 1299 FIRE RESCUE VEHICLES AND OTHER EQUIPMENT CONTRACT This Agreement is made as of this day of , 2020 by and between ETR, LLC.,, a Florida limited liability company with a principal place of business at 212 Hickman Drive, Sanford, FL 32771 ("ETR" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation,with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City"). RECITALS WHEREAS,the City of Boynton Beach Fleet Manager is recommending purchase of one (1) International/ETR medium fire rescue truck; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from ETR L.L.C. for one (1) International/ETR medium rescue for Fire/Rescue in the amount of $410,998.00 utilizing the FSA20-VEF 14.01 contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and ETR agree that ETR shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit"A", with the maximum anticipated annual expenditure under this contract expected to be $410,998.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx Page 365 of 1299 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S.215.473,Vendor certifies that Vendor is not participating in a boycott of Israel.Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term,Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx Page 366 of 1299 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, ETR shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. ETR agrees that in the event it enters into a Contract for the same(or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:ACA\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx Page 367 of 1299 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney ETR, LLC. WITNESSES: BY: Print Name: Title: Managing Member Page 4 S:ACA\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx Page 368 of 1 299 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND ETR, LLC., Page 5 S:ACA\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx Page 369 Of 1 299 FIRE RESCUE VEHICLES AND OTHER EQUIPMENT CONTRACT This Agreement is made as of this day of , 2020 by and between TEN- 8 with its principal place of business at ("TEN-8" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS,the City of Boynton Beach Fleet Manager is recommending purchase of one (1) Skeeter fire brush truck; and WHEREAS, The City of Boynton Beach will be purchasing the Skeeter fire brush truck from TEN-8 in the amount of$254,747.93.00 utilizing the FSA20-VEF 14.02 contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and TEN-8 agree that TEN-8 shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit"A", with the maximum anticipated annual expenditure under this contract expected to be $254,747.93, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With Ten-8 For Skeeter Fire Brush Truck.Docx Page 370 of 1299 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S.215.473,Vendor certifies that Vendor is not participating in a boycott of Israel.Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran PTen-8oleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term,Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With Ten-8 For Skeeter Fire Brush Truck.Docx Page 371 of 1299 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, TEN-8 shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. TEN-8 agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With Ten-8 For Skeeter Fire Brush Truck.Docx Page 372 of 1299 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney TEN-8. WITNESSES: BY: Print Name: Title: Managing Member Page 4 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With Ten-8 For Skeeter Fire Brush Truck.Docx Page 373 of 1299 EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND TEN-8, Page 5 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With Ten-8 For Skeeter Fire Brush Truck.Docx Page 374 of 1299 FIRE RESCUE VEHICLES AND OTHER EQUIPMENT CONTRACT This Agreement is made as of this day of , 2020 by and between SUTPHEN CORPORATION, with its principal place of business at 6450 Eiterman Road, Dublin, OH 43016 ("SUTPHEN" or "Vendor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation,with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City"). RECITALS WHEREAS, the City of Boynton Beach Fleet Manager is recommending purchasing one (1) custom pumper fire apparatus; and WHEREAS, The City of Boynton Beach will be purchasing the custom pumper fire apparatus from SUTPHEN L.L.C. in the amount of$724,100.00 utilizing the Sourcewell Contract 4022818-SUT; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and SUTPHEN agree that SUTPHEN shall provide with the same terms, conditions, specifications and pricing based on Sourcewell contract 4022818-SUT, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated annual expenditure under this contract expected to be $724,100.00, except as hereinafter provided: A. All references to Sourcewell, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:ACA\AGMTS\Piggyback Agreement(Sourcwell)With Sutphen For Custom Pumper Fire Apparatus.Docx Page 375 of 1299 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S.215.473,Vendor certifies that Vendor is not participating in a boycott of Israel.Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran PSUTPHENoleum Energy Sector List,or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification.Vendor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term,Vendor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: Page 2 S:ACA\AGMTS\Piggyback Agreement(Sourcwell)With Sutphen For Custom Pumper Fire Apparatus.Docx Page 376 of 1299 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Vendor shall transfer to the CITY, at no cost to the CITY, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Sourcewell Contract is amended, or terminated, SUTPHEN shall notify the City within ten (10) days. In the event the Sourcewell Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. SUTPHEN agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Page 3 S:ACA\AGMTS\Piggyback Agreement(Sourcwell)With Sutphen For Custom Pumper Fire Apparatus.Docx Page 377 of 1299 Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Sourcewell Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Crystal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney SUTPHEN CORPORATION WITNESSES: BY: Print Name: Title: Managing Member Page 4 S:ACA\AGMTS\Piggyback Agreement(Sourcwell)With Sutphen For Custom Pumper Fire Apparatus.Docx Page 378 of 1 299 EXHIBIT A CONTRACT #022818-SUT BETWEEN SOURCEWELL AND SUTPHEN CORPORATION Page 5 S:ACA\AGMTS\Piggyback Agreement(Sourcwell)With Sutphen For Custom Pumper Fire Apparatus.Docx Page 379 Of 1 299 `o Q O N O 0 F— co n O 00 C) O m 0 n N H o v v 00 U) N M eF N n 0 va 0 co a) O a LU r p N O N F- O N ~ o m o 0 O n ai Mi N U v v N Z LL N N n LO O X O � a o (A O N m L Q o co w v W � � c0 � No N a U) M It G as ° LL U :c as o +� U o o � - uF LL z w w > > N 0 3 0o U N N i W N Cj m U- LL fA *k 1U' m Z w LU d d d m Q Z LU L_ L_ L_ 3 p F- LL LL U- ->O Q) O W10 Vl Q. 7 W O m N LE 10 O Vl «° m C � i G7 v F v Q a a L_ a E O oNooa N N N 7 � U O WCL L LU y > w F fA FSA Cooperative Purchasing Program �r �a FLORIDA � S SHERIFFS ASSOCIATION t �4�5 , s e e o o Contract Terms and Conditions FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Contents 1.0 General Conditions.......................................................................................................................................5 1.01 BID CORRESPONDENCE ....................................................................................................................5 1.02 PURPOSE...........................................................................................................................................6 1.03 TERM OF CONTRACT.........................................................................................................................6 1.04 QUANTITI ES ......................................................................................................................................6 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER.............................................................................6 1.06 FUNDING...........................................................................................................................................6 1.07 CURRENCY.........................................................................................................................................6 1.08 GENERAL DEFINITIONS.....................................................................................................................7 1.09 ELIGIBLE PURCHASERS OF CONTRACT..............................................................................................8 1.10 LEGAL REQUIREMENTS.....................................................................................................................8 1.11 PATENTS & ROYALTIES .....................................................................................................................8 1.12 FEDERAL AND STATE STANDARDS....................................................................................................9 1.13 UNDERWRITERS' LABORATORIES.....................................................................................................9 1.14 AMERICANS WITH DISABILITIES ACT................................................................................................9 1.15 REASONABLE ACCOMMODATION ....................................................................................................9 1.16 MINORITY BUSINESS ENTERPRISE (MBE) .........................................................................................9 1.17 ANTI-DISCRIMINATION.....................................................................................................................9 1.18 BEST COMMERCIAL PRACTICES......................................................................................................10 1.19 PUBLIC ENTITY CRIMES (PEC) .........................................................................................................10 1.20 TAX EXEMPTION .............................................................................................................................10 1.21 TAXES..............................................................................................................................................10 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ...................................................................10 1.23 COMMUNICATIONS........................................................................................................................10 1.24 CLARIFICATION AND ADDENDA......................................................................................................11 1.25 SIGNED BID CONSIDERED AN OFFER..............................................................................................11 1.26 ASSIGNMENT OF CONTRACT..........................................................................................................11 1.27 TERMINATION OF PRODUCT LINE ..................................................................................................12 1.28 METHOD OF AWARD......................................................................................................................12 1.29 DEMONSTRATION OF COMPETENCY..............................................................................................12 1.30 VENDOR ABILITY TO PERFORM ......................................................................................................13 Page 1 2020-2023 Fire Rescue Vehicles&Other Equipment Page 382 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.31 FINANCIAL RESPONSIBILITY............................................................................................................13 1.32 QUALITY AND SAFETY.....................................................................................................................13 1.33 NONCONFORMANCE......................................................................................................................13 1.34 GRATUITIES.....................................................................................................................................14 1.35 TIE BIDS...........................................................................................................................................14 1.36 RIGHT TO AUDIT .............................................................................................................................14 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS............................................................................15 1.38 BID BONDS, PERFORMANCE BONDS, AND CERTIFICATES OF INSURANCE ....................................15 1.39 ELIMINATION FROM CONSIDERATION...........................................................................................15 1.40 COLLUSION .....................................................................................................................................15 1.41 DEFAULT .........................................................................................................................................16 1.42 PROTESTS AND ARBITRATION ........................................................................................................16 1.43 NONPERFORMANCE.......................................................................................................................17 1.44 SEVERABILITY..................................................................................................................................18 1.45 TERMINATION FOR CAUSE .............................................................................................................18 1.46 TERMINATION WITHOUT CAUSE....................................................................................................18 1.47 CONTRACT ADVERTISMENT AND USE OF LOGO ............................................................................19 2.0 BIDDER INSTRUCTIONS .............................................................................................................................20 2.01 FIRST YEAR BIDDER QUALIFICATIONS ............................................................................................20 2.02 LICENSING & FACILITIES..................................................................................................................20 2.03 INSURANCE AND INDEMNIFICATION .............................................................................................21 2.04 SPECIFICATIONS..............................................................................................................................22 2.05 FIXED PRICES...................................................................................................................................23 2.06 SEALED BIDS....................................................................................................................................23 2.07 EXCEPTIONS TO TERMS AND CONDITIONS ....................................................................................23 2.08 MISTAKES........................................................................................................................................23 2.09 EQUIVALENTS .................................................................................................................................23 2.10 MANDATORY PRE-BID MEETING ....................................................................................................24 2.11 QUALIFICATION ..............................................................................................................................24 2.12 PRICES QUOTED..............................................................................................................................25 2.13 OPTION PRICING.............................................................................................................................25 2.14 SUBMITTAL OF BID .........................................................................................................................26 Page 2 2020-2023 Fire Rescue Vehicles&Other Equipment Page 383 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.15 EXECUTION OF BID .........................................................................................................................27 2.16 MODIFICATION OR WITHDRAWALS OF BIDS .................................................................................27 2.17 LATE BIDS........................................................................................................................................27 2.18 PUBLIC BID OPENING......................................................................................................................28 2.19 DETERMINATION OF RESPONSIVENESS .........................................................................................28 2.20 RESPONSIBLE BIDDER CRITERIA......................................................................................................28 2.21 BASIS FOR AWARD..........................................................................................................................28 2.22 FIRM BID .........................................................................................................................................29 2.23 MINOR IRREGULARITIES/ RIGHTTO REJECT..................................................................................29 2.24 CONE OF SILENCE ...........................................................................................................................29 3.01 GENERAL REQUIREMENTS FOR ALL VEHICLES AND EQUIPMENT..................................................30 3.02 STATEMENT OF AUTHORITY...........................................................................................................30 3.03 VENDOR CONTACT INFORMATION ................................................................................................30 3.04 OPTION TO RENEW & PRICE ADJUSTMENT....................................................................................30 3.05 ADDITIONS AND DELETIONS...........................................................................................................31 3.06 EQUITABLE ADJUSTMENT...............................................................................................................31 3.07 DISCOUNTS.....................................................................................................................................31 3.08 CONDITIONS ...................................................................................................................................31 3.09 PRODUCTION CUTOFF....................................................................................................................31 3.10 FACILITIES .......................................................................................................................................32 3.11 SUBSTITUTIONS ..............................................................................................................................32 3.12 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS........................................................32 3.13 FACTORY INSTALLED.......................................................................................................................32 3.14 VENDOR INSTALLED........................................................................................................................33 3.15 NON-SCHEDULED OPTIONS............................................................................................................33 3.16 REMOUNT (AMBULANCE) ..............................................................................................................33 3.17 FORCE MAJEURE.............................................................................................................................34 3.18 DELIVERY TIME................................................................................................................................35 3.19 ORDER.............................................................................................................................................35 3.20 VEHICLE DELIVERY ..........................................................................................................................36 3.21 INSPECTION AND ACCEPTANCE......................................................................................................37 3.22 REGISTRATION, TAG AND TITLE......................................................................................................37 Page 3 2020-2023 Fire Rescue Vehicles&Other Equipment Page 384 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 3.23 CAB AND CHASSIS PURCHASES.......................................................................................................38 3.24 INVOICING AND PAYMENTS ...........................................................................................................38 3.25 WARRANTY REPAIRS AND SERVICE ................................................................................................38 3.26 INADEQUATE SERVICE ....................................................................................................................38 3.27 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS............................................................39 3.28 ADMINISTRATIVE FEE .....................................................................................................................40 3.29 LIQUIDATED DAMAGES ..................................................................................................................41 Appendix A— Drug-Free Workplace Form....................................................................................................42 Appendix B— Insurance Checklist Form........................................................................................................43 Appendix C—Vendor Change Form..............................................................................................................44 Appendix D - Confirmation of Order Form ...................................................................................................45 Appendix E— Manufacturer Authorization Form ..........................................................................................46 AppendixF— Quarterly Report.....................................................................................................................47 AppendixG — Bid Calendar ...........................................................................................................................48 Appendix H — FSA Bid System Data Input Instructions for Bidders..............................................................49 Appendix H — FSA Bid System Data Input Instructions for Bidders—Continued .........................................50 Page 4 2020-2023 Fire Rescue Vehicles&Other Equipment Page 385 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.0 GeneralConditions 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association (FSA) using the contact information shown below. Please be sure to reference the bid number and your contact information. The contacts for this bid are: Lisa Gregor, FSA Cooperative Purchasing Program Coordinator E-mail Irr( flsri4 riffs. r Phone:850-877-2165 ext.5831 Fax : 850-878-5115 Craig Chown, FSA Cooperative Purchasing Program Manager E-Mail:r_�(±ownt-)fIshe riffs.-,)rg Phone:850-877-2165 ext 5833 Fax : 850-878-5115 Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn:Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 L_PIR LDf12 riffs.0r Page 5 2020-2023 Fire Rescue Vehicles&Other Equipment Page 386 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.02 PURPOSE The purpose of this bid is to establish a thirty-six(36) month contract with manufacturers and authorized dealers for the purchase of vehicles and equipment on a "no trade-in basis". Trade-ins are not addressed in this contract. If a purchaser has a desire to offer vehicles/equipment for trade to the vendor,the purchaser and dealer may do so at their sole discretion,separate and apart from this contract. 1.03 TERM OF CONTRACT This contract shall remain in effect for one(3)three year from date of contract execution by the FSA,and may be renewed by mutual agreement,at the sole option and discretion of the FSA, pursuant to the terms of Section 3.04. The term of contract begins May 1,2020 and ends March 31,2023. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 QUANTITIES FSA does not guarantee quantities future contract sales.Vendors are expected to engage in business marketing and sales best practices to participate in the contract. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs' offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. It is the FSA's practice to give consideration to the prices offered, but the Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs'offices for any payment for any activity or costs incurred by any bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency's appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollar. Page 6 2020-2023 Fire Rescue Vehicles&Other Equipment Page 387 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.08 GENERAL DEFINITIONS a) Bidder:A proposer or enterprise that submits a formal offer to the FSA Cooperative Purchasing Program Administrator in accordance with the Contract Terms and Conditions. b) Bid System:The online forum used for the submission of electronic bids and review of bid results for the specifications connected to this Invitation to Bid.VendorLink is the software used for this bid. c) Dealer:A manufacturer's certified representative,authorized by the manufacturer to market,sell,or provide,the vehicles or equipment for the FSA Cooperative Purchasing Program. Dealers may be vendor-owned and controlled, in whole or in part,or independently owned and controlled. d) End User:The person or entity who ultimately uses or is intended to use a product or for whom a product is designed for use. e) Factory: Refers to the manufacturer produced products. f) Florida Sheriffs Association Cooperative Purchasing Program(FSA):The entity that administeres the Invitation to bid and contract administration functions for this contract. g) Fleet Advisory Committee:An employee of a sheriff's office or local government,or any other person who FSA identifies as subject matter expert,who assists with the development of bid specifications and the evaluation of bid responses. The Fleet Advisory Committee makes recommendations to the FSA and is not responsible for final awards. h) Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to vendors, dealersand manufacturers to submit a price offer on a specific product to be provided. This term shall include the bid specifications available to bidders on the bid system and references to solicitation documents.The term shall not include request for proposals, request for quotes, request for letters of interest, or the solicitation of purchase orders based on oral or written quotations. i) Manufacturer:The original producer or provider of vehicles or equipment offered on this contract. j) Manufacturer's Suggested Retail Price (MSRP): Manufacturer's Suggested Retail Price (MSRP) represents the Manufacturer's recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the Purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: 1. Manufacturer's Annual U.S. Price Book 2. Manufacturer's official website k) Non-Scheduled Options: Any optional new or unused component, feature or configuration that is not included or listed in the base vehicle specifications or options. 1) Production Cutoff: A term used by manufacturers to notify dealers that the factory has reached maximum capacity for orders. Vehicle manufacturers use this term when referring to any given model year for production. m) Published List Price: A standard "quantity of one" price currently available to government and educational purchasers, excluding cooperative,volume discounts,or other discounts. n) Purchase Order: A request for order from a purchaser to an awarded vendor for an item that has been awarded on this Contract. Purchaser orders placed using this contract formalize the terms and conditions of this contract under which a vendor furnishes vehicles or equipment to a purchaser. Page 7 2020-2023 Fire Rescue Vehicles&Other Equipment Page 388 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions o) Purchaser: A purchaser is an entity that seeks to obtain vehicles off this contract by meeting the eligible user criteria or with vendor approval. p) Remount:To remove the ambulance box from an existing vehicle and mount it to a new vehicle cab and chassis. q) Specification Bid Document: The specification bid document contains the minimum base requirements and bond requirements for each specification within the competitive bid.This document also contains submission of bid pricing and discount,and must be included as part of the Submittal of Bid. r) Third Party Supplier: Businesses external to a bidder or vendor that provide products or services which contribute to the overall finished vehicle. Third Party Suppliers are contractors under the direction and responsibility of the bidder or vendor. Third party suppliers may also be referred to as upfitters or remount service providers within this document. s) Vendor: The bidder that has been awarded and agrees to provide products, vehicles, or equipment, which meet the requirements and base specifications to eligible purchasers. The vendor must agree to the contract terms and conditions before being awarded the contract. t) Vendor Installed:A product or service provided by the vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bids,or contract prices,will be extended and guaranteed to any unit of local government or political subdivision of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs' offices, clerks, property appraisers,tax collectors,supervisors of elections,school boards or districts,water management districts, police and fire departments, emergency response units, state universities and colleges, special districts,or other state, local or regional government entities within the State of Florida. All purchasers are bound by state law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, bids can be extended and guaranteed to other entities approved by manufacturers to participate in this contract to include out of state sales. Vendors are governed by their manufacturer's agreement, and must agree to the terms and conditions of this contract. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer's agreement,and must agree to the terms and conditions of this contract. 1.10 LEGAL REQUIREMENTS Federal, state, and local laws, ordinances, rules and regulations that affect the items covered herein apply. Lack of knowledge by the bidder or vendor will not be cause for relief from responsibility. 1.11 PATENTS & ROYALTIES The bidder,without exception shall indemnify and hold harmless the FSA and its employees from liability of any nature or kind,including costs and expenses for,or on account of,any copyrighted, patented,or unpatented invention,process, or article manufactured or used in the performance of the contract,including its use by the FSA or a purchaser. If the bidder uses any design,device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,without exception,that the bid prices shall include all royalties or cost arising from the use of such design,device, or materials in any way involved in the work. Page 8 2020-2023 Fire Rescue Vehicles&Other Equipment Page 389 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA that all specifications herein are in full and complete compliance with all federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided.This includes, but is not limited to, Federal Motor Vehicle Safety Standards (FMVSS), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) Standards, Society of Autmomotive Engineers (SAE), Fire Apparatus Vehicle Standards,and Federal Ambulance Standards(KKK-A-1822F),which includes all subsequent change notices. All fire apparatus manufacturers must meet the National Fire Protection Association (NFPA) 1901 and 1906 standards. In addition, any applicable federal or state laws that become effective during the term of the Contract, regarding the commodities and contractual service specifications, safety, and environmental requirements shall immediately become part of the Contract.The vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists,the vendor shall contact the FSA Cooperative Purchasing Program Administrator immediately. The bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and contract. 1.13 UNDERWRITERS' LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters' Laboratories, (U.L.), listed or re-examination listing where such has been established by U.L.for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or to participate in any FSA proceeding, please contact FSA Human Resources at(850)877-2165 five days in advance to initiate your request.TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the bid opening because of a disability must contact the FSA Human Resources at(850)877-2165. 1.16 MINORITY BUSINESS ENTERPRISE (MBE) The policy of the Florida Sheriffs Association is that Minority Business Enterprises (MBE) shall have the opportunity to participate in this invitation to bid.Such process would be for supplying goods and services to FSA and Purchasers. 1.17 ANTI-DISCRIMINATION The bidder certifies that he/she is in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color, religion,sex or national origin. Page 9 2020-2023 Fire Rescue Vehicles&Other Equipment Page 390 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.18 BEST COMMERCIAL PRACTICES The apparent silence of a specification and supplemental specifications as to any details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices,size,and design are to be used. All workmanship is to be first quality.All interpretations of the specifications shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity,may not be awarded or perform work as a vendor,supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION All State and Federal tax exemptions applicable to the units of local government of the State of Florida will apply, as appropriate certifications are furnished. Purchasers shall comply with all federal,state and local tax requirements. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Sales Taxes.State Sales Tax and Use Certificate Number is 85-8012646919C-3. 1.21 TAXES Customers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the vendor to verify that the purchaser is exempt by obtaining the purchaser's Federal Excise and State Taxes and Use Certificate Number. 1.22 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict,the conflict may be resolved in the following order of priority(highest to lowest): 1. Addenda to Contract Terms and Conditions, if issued 2. Contract Conditions 3. Addenda to Specification Bid Document, if issued 4. Specification Bid Document 5. Bidder Instructions 6. General Conditions 1.23 COMMUNICATIONS Communications between a proposer, bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the contact persons identified in Section 1.01 of this procurement. Page 10 2020-2023 Fire Rescue Vehicles&Other Equipment Page 391 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Bidders should not rely on representations,statements,or explanations other than those made in this Bid or in any written addendum to this Bid,and no oral representations,statements,or explanations shall be deemed to bind the FSA or eligible users. 1.24 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted by e-mail to LrrL@flsh riffs.org The bid title and number should be referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar. Questions and answers will be posted to the FSA Cooperative Purchasing Program website on the date indicated on the Bid Calendar. Interpretation of specifications or solicitation documents will not be made verbally. If any verbal clarifications are provided,they are without legal effect. Questions received after the cone of silence date listed on the bid calendar will not be addressed. The FSA reserves the right address technical questions. The FSA shall issue a Formal Addendum if substantial changes which impact the submission of bids are required.Any such addenda shall be binding on the bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Addenda shall govern over prior Addenda only to the extent specified. FSA will make every attempt to e-mail updates to registered bidders. However, posting on the FSA website constitutes proper notice of addenda. The bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided. Failure to acknowledge Formal Addendum shall deem the bid non-responsive; provided, however, that pursuant to section 2.26, the FSA may waive this requirement in its best interest. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgement of the addenda to the specifications. Bids that fail to account for the addenda shall reflect in bids being declared nonresponsive; however,that pursuant to Section 2.26, the FSA may waive this requirement in its best interest. After the start of the contract term, FSA will notify all awarded vendors of any addenda and will require acknowledgement of the new terms and conditions. If the awarded vendor does not agree to the new terms and conditions,the vendor's award can be removed or replaced by another vendor or qualified, responsive bidder. 1.25 SIGNED BID CONSIDERED AN OFFER The signed Bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon approval by the FSA and in case of default on the part of successful bidder,after such acceptance,the FSA may procure the items or services from other sources.The bid submission must be signed by an authorized representative. An electronic signature may be used and shall have the same force and effect as a written signature. 1.26 ASSIGNMENT OF CONTRACT No right or interest in this Contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA. Page 11 2020-2023 Fire Rescue Vehicles&Other Equipment Page 392 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions If the original vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor-in-interest must perform all obligations under this Contract. FSA reserves the right to reject the acquiring entity as a vendor.A change of name agreement does not change the contractual obligations of the vendor. 1.27 TERMINATION OF PRODUCT LINE If an vendor terminates a product line(manufacturer or brand),the vendor is required to notify the FSA within 10 business days of the decision not to retain the product line. In the event a manufacturer reassigns the product line to an alternate vendor, the manufacturer and the vendor are required to immediately notify the FSA in writing of the change within 10 business days confirming the reassignment. If the vendor is not already an approved FSA vendor, the vendor is required to apply to the FSA to become an approved vendorrip or to conducting any qualified sales. The vendor and the manufacturer are required to honor the contract pricing and all of the applicable terms and conditions throughout the remaining term of the contract. 1.28 METHOD OF AWARD The award is made to responsive and responsible bidders. FSA uses its discretion in determining if bids meet the requirements of this solicitation. The FSA reserves the right to make multiple awards within a specification, if deemed in the best interest of the FSA and the purchasers. Awards will be posted on the FSA website according to the date posted in the bid calendar. 1.29 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support,equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment" and "organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the FSA. The FSA may consider any evidence available regarding the financial,technical and other qualifications and abilities of a Bidder, including past performance with the FSA in making the award. The FSA may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances,the FSA may also require information from the source of supply regarding the quality,packaging and characteristics of the products.Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services as described in this Bid. Information submitted in the bid may not be plagiarized and,except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. Page 12 2020-2023 Fire Rescue Vehicles&Other Equipment Page 393 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 1.30 VENDOR ABILITY TO PERFORM During the contract period, FSA may review the vendor's record of performance to ensure that the vendor is providing sufficient financial support,equipment and organization. If the FSA determines that the vendor no longer possesses the financial support,equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract awarded. By responding to this procurement the vendor warrants that,to the best of his or her knowledge,there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition that would in any way prohibit, restrain,or diminish the vendor's ability to satisfy the obligations of the Contract. The vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues,or on any similar list maintained by any other state or the federal government. The vendor shall immediately notify the FSA and the purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.31 FINANCIAL RESPONSIBILITY Bidder affirms by the signature on the contract signature page that the bidder: • Has fully read and understands the scope,nature,and quality of work to be performed or the services to be rendered under this bid,and has the adequate facilities and personnel to fulfill such requirements; • Accepts the financial responsibility associated with this bid,and declares that he or she has the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award;and • Has assessed the financial responsibility required to serve the contract as bid,including such details as the obligations to perform all specifications bid and quantities that could be ordered,as well as timing of payment from purchasers, which can be 45 days from receipt of invoice. 1.32 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new.The items bid must be new, the current model year, of the best quality, and highest grade workmanship that meet or exceed federal safety standards. Products requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the vendor must disclose to the end user that the non-certified options are not required to be certified. All options must meet or exceed federal safety standards. 1.33 NONCONFORMANCE Items may be tested for compliance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the vendor's expense. Items not meeting the specificiations and items not delivered within a reasonable period of time after expected delivery date may be purchased outside of the FSA contract. Any violation of these stipulations may also result in: Page 13 2020-2023 Fire Rescue Vehicles&Other Equipment Page 394 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with vendor. 1.34 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA or the Fleet Advisory Committee,for the purpose of influencing consideration of this bid. 1.35 TIE BIDS FSA has the right to award multiple bidders the primary or alternate award in the event of a tie. In the event the FSA desires to break tie bids, and both businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors performance record with purchasers • Coin toss 1.36 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA to readily identify vendor's sales. FSA and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible users information whether kept by or under the control of the vendor, including, but not limited to those kept by its employees,agents,assigns,successors, sub-vendors,or third party suppliers in whatever form they may be kept—written or electronic.Such records shall include,but not be limited to: • Accounting records, including paid vouchers,cancelled checks,deposit slips, ledgers,and bank statements; • Written policies and procedures; • Subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, etc.); • Original estimates or work sheets; • Contract amendments and change order files; • Insurance documents;or • Memoranda or correspondence. Vendor shall maintain such records during the term of this Contract and for a period of three(3)years after the completion of this Contract. At the vendor's expense and upon written notice from FSA, the vendor shall provide such records for inspection and audit by FSA or its authorized representatives.Such records shall be made available to FSA during normal business hours within three business days of receipt of the written notice. FSA may select the vendor's place of business or offsite location for the audit. The FSA may also request the vendor provide requested records via e-mail. Vendor shall ensure FSA has these rights with vendor's employees, agents, assigns, successors, and third party supplier and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the vendor's obligations to FSA. Page 14 2020-2023 Fire Rescue Vehicles&Other Equipment Page 395 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of FSA. However, if the audit identifies under reporting, overpricing or overcharges in excess of three percent(3%)of the total contract billings,the vendor shall reimburse FSA for the total costs of the audit not to exceed$5,000. If the audit discovers substantive findings related to fraud,misrepresentation,or non-performance, FSA may recoup all the costs of the audit work from the vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the vendor's invoices or records shall be made within a reasonable amount of time. This time period shall not exceed 60 days from FSA's presentation of findings to the vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.37 LIABILITY, INSURANCE, LICENSES AND PERMITS Where bidders are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award,the vendor will assume the full duty,obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable county and municipal code requirements. The bidder shall be liable for any damages or loss to the FSA or purchaser occasioned by negligence of the bidder or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.38 BID BONDS, PERFORMANCE BONDS,AND CERTIFICATES OF INSURANCE Bid Bonds shall be submitted with the bid in the amount of five(5) percent of each item bid. After acceptance of bid,the FSA will notify the successful bidder to submit the applicable certificates of insurance in the amounts specified in the Bidder Instructions,Specification Bid Document or Insurance Checklist. A letter from a bonding company licensed to do business in Florida must be submitted with the bid stating that the manufacturer will provide a 100%Performance Bond between the bidder and the purchaser upon award of this bid and upon request of the purchaser. Purchaser may request a performance bond from a vendor. Performance Bonds are recommended with pre-payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.39 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.40 COLLUSION Collusion is a non-competitive secret or sometimes illegal agreement between bidders that attempts to disrupt the contract process.Collusion involves people or companies that would typically compete, but are conspiring or working together in which the outcome results in an unfair bid advantage.The parties may collectively choose to agree to increase or decrease its product base price to maximize awards thus denying the public a fair price. Examples of Bid Collision: Page 1 S 2020-2023 Fire Rescue Vehicles&Other Equipment Page 396 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions • Cover bidding:a competitor agrees to submit a non-competitive bid that is too high to be accepted or contains terms that are unacceptable to the purchaser. • Bid suppression or withdrawal: a competitor agrees not to bid or to withdraw a bid from consideration. • Market sharing outside of a manufacturer's recognized territory: a competitor agrees to submit bids only in certain geographic areas or only to certain public organizations. • Bid rotation: competitors agree to take turns at winning business while monitoring their market shares to ensure they all have a predetermined market share. Bidders or vendors who have been found to have engaged in collusion will be considered nonresponsive, and will be suspended or barred from bid participation. Any contract award resulting from collusive bidding may be terminated for default. Further, any collusion that is detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without conflict of collusion if the bid submitted is not from the same manufacturer and product line. Vendors which share the same ownership may submit multiple bids without conflict of collusion if the bidders are not in the same region featuring the same manufacturer and product line. 1.41 DEFAULT Failure or refusal of a bidder to execute a contract upon award or withdrawal of a bid before such award is made, may result in forfeiture of the bid surety required that is equal to damages incurred by the FSA,or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the awarded vendor's list. In case of default on the part of awarded bidder, the FSA may take necessary steps to otherwise procure the products sought,including but not limited to procuring the products or services from the next highest ranked bidder or from other sources.A defaulting bidder may be held liable for costs incurred by the FSA in procuring replacement products. 1.42 PROTESTS AND ARBITRATION Options are for informational purposes only and will not serve as a basis for protest. Any person who is adversely affected by the decision or intended decision to award shall file a "Notice of Protest" in writing to the FSA within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five(5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s).The formal written protest must state with particularity the facts and law upon which the protest is based. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity,and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time required and cost incurred by the FSA to substantiate a protesting party's claim(s) beyond the normal scope of its legal review due to the vague or inconclusive nature of the protesting party's filing will be reimbursable to the FSA and deducted from the protesting party's bond or security which must accompany their filing. Any bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the Page 16 2020-2023 Fire Rescue Vehicles&Other Equipment Page 397 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions product line being protested. The bond, cashier's check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA will provide the amount required within two (2) business days of the notice of protest received. This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party's claim(s). Failure to post the bond or security requirement within the time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful bidder(s) decide to appeal the decision of the FSA,they shall file a notice to FSA within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association's (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier's check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the product line being protested.This amount will be the same amount as the FSA provided at the time of filing the initial protest. Failure to provide written notice to FSA,file a demand for arbitration with the AAA,or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement the bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process,and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum,judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails,the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.43 NONPERFORMANCE By virtue of the bid submission,bidder acknowledges its obligation to sell vehicles and equipment for which it is awarded. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per vehicle/equipment,which amount the vendor agrees is reasonable, or probation, suspension,termination or a combination thereof from current and future bids at the FSA's discretion. The vendor shall at all times during the contract term remain responsive and responsible. In determining vendor's responsibility,the FSA shall consider all information or evidence that demonstrates the vendor's ability or willingness to fully satisfy the requirements of the solicitation and the contract. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA at it's sole discretion may remove a noncompliant vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved,limit current or future vendor participation by specifications or zones,or other actions as determined by FSA at it's sole discretion. At FSA's discretion, vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA. In situations where there is evidence that the vendor has demonstrated egregious breaches of contract with the FSA or a purchaser,the contract can be terminated and the vendor will be removed from future solicitations for a period of three (3)years,or up to a permanent ban from the bid process at the sole discretion of FSA. Page 17 2020-2023 Fire Rescue Vehicles&Other Equipment Page 398 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Specific conditions for termination include, but are not limited to,failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or dealer installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser, any misrepresentations of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. Any vendor presented with a valid purchase order is required by this contract to accept the purchase order and deliver the product. Orders must be fulfilled if the vehicle or equipment is a base model or whether it includes options. The vendor must deliver the product if they were awarded the contract—regardless of profit or loss. Failure to deliver the vehicle or equipment may result in the purchaser seeking damages for the difference of cost to issue the exact same order with another vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA may seek damages for nonpayment of administrative fees,to which FSA is entitled, according to section 3.28,and any attorneys fees incurred in the recovery of these damages. 1.44 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason,the unenforceability thereof shall not affect the remainder of the contract which shall remain in full force and effect and enforceable in accordance with its terms. 1.45 TERMINATION FOR CAUSE If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract,the FSA shall have the right to terminate the services remaining to be performed. Written notice shall be given to the vendor and unless the deficiencies are corrected within 10(ten)business days,the Contract may be terminated for cause immediately.The right to exercise the option to terminate for cause shall be in the sole discretion of the FSA, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In that event,the FSA shall compensate the successful bidder in accordance with the contract for all services performed by the bidder prior to termination, net of any costs incurred by the FSA as a consequence of the default. Notwithstanding the above,the vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the vendor,and the FSA may reasonably withhold payments to the vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the vendor is determined. 1.46 TERMINATION WITHOUT CAUSE The FSA can terminate the contract in whole or part without cause by giving written notice to the vendor of termination for convenience which shall become effective 30 days following receipt by vendor of such notice. In that event,all finished or unfinished documents and other materials shall be properly delivered to the FSA. The vendor shall not furnish any product after it receives the notice of termination,except as necessary to complete the continued portion of the contract, if any. The vendor shall not be entitled to recover any lost profits that the vendor expected to earn on the balanced of the contract or cancellation charges. Page 18 2020-2023 Fire Rescue Vehicles&Other Equipment Page 399 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Any payments to the vendor shall be only to the total extent of the FSA liability for goods or services delivered prior to the date of notice to terminate the contract. 1.47 CONTRACT ADVERTISMENT AND USE OF LOGO The CPP logo is an official logo of the Florida Sheriffs Association designed to promote the program.The logo may be used by vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites,digital marketing campaigns,social media and e-mail;or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request the logo by contacting r r r( flsri4 rifis. r , and should include a brief description of the how the vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. Page 19 2020-2023 Fire Rescue Vehicles&Other Equipment Page 400 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.0 BIDDERST UCTI S 2.01 FIRST YEAR BIDDER QUALIFICATIONS In order for bids to be considered, bidders who are not currently parties to the existing contract,or who have previously had their participation limited by the FSA, must provide the following material at the time the mandatory qualifying documents are due. FSA reserves the right to accept this information up and until the final award. The purpose of requesting this information is to demonstrate that they are qualified to satisfactorily perform as an awarded vendor. The bidder shall provide information as on the Bidder Qualifications Form: • Bidder company name and parent company, if applicable • Complete business address • State of incorporation • Length of time in business • Names and contact information for key personnel • Dun & Bradstreet number: By providing this number, the bidder agrees and authorizes FSA to obtain their financial information/reports from these entities • Identify a minimum of three contracts of similar size and scope • Identify a minimum of three references for vehicle or equipment sales to government agencies • Any contracts the bidder has been disqualified from, terminated from or found in default on, to include the reason for disqualification,termination or default 2.02 LICENSING & FACILITIES Bidders are required to possess a Florida Department of Highway Safety and Motor Vehicle Dealer's License in order to bid on any motor vehicle as required by Florida Statute,320.27. Bidders that are manufacturers are required to possess a Florida Department of Highway Safety and Motor Vehicle Manufacturer's License as applicable by Florida Statute, 320.60-320.70. Bidders must maintain a repair/warranty facility within the State of Florida to provide sales and service for the vehicles and equipment bid. If a bidder does not maintain a facility to perform warranty work or repair service within the state of Florida,the bidder must provide a detailed plan at the time of bid submission as to how the bidder would service Florida purchasers if awarded the contract.This Service Standard Plan must include: • Whether the warranty service provider is approved by the manufacturer; • Estimated quantities sold per item bid; • If the company plans to contract out for service a copy of the service agreement;and • Zone specific service plans to include: o Response time to initial call from purchaser, o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work,and o Any additional information that would detail how warranty service would be provided. The sufficiency of Service Standard Plan will be evaluated by the FSA during the bid evaluation. Page 2 0 2020-2023 Fire Rescue Vehicles&Other Equipment Page 401 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The FSA reserves the right to periodically request additional or updated information from a bidder regarding the repair/warranty facility during the solicitation and the term of the contract, if awarded. The FSA may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels' fees,arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by bidder, its agents, employees, partners, or third party suppliers; provided, however,that the bidder shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. Vendor's obligations under the above paragraph with respect to legal action are contingent upon the Florida Sheriffs Association and/or participating agencies giving the bidder(1)written notice of any action or threatened action, and (2) the opportunity to take over and settle or defend any such action at bidder's sole expense.Vendor shall not be liable for any cost,expense or compromise incurred by the Florida Sheriffs Association,or participating agencies,in any legal action without bidder's prior written consent,which consent shall not be unreasonably withheld,conditioned,or delayed. The vendor shall be responsible for the work and every part thereof,and for all materials,tools,appliances and property of every description,used in connection with this particular project. The vendor shall specifically and distinctly assume,and does so assume,all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the vendor is acting as an independent contractor. The vendor at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the requirements of this section. The vendor shall maintain automobile liability insurance including property damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. The vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist. No change or cancellation in insurance shall be made without 30 days written notice to the FSA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Copies of original signed Certificates of Insurance,evidencing such coverages and endorsements as required herein shall be filed within five days after bid opening. The certificate must state Bid Number and Title. Vendor may not begin performance under the contract until such Certificates have been approved by the FSA. Upon expiration of the required insurance,the vendor must submit updated certificates of insurance for as long a period as any work is still in progress. Page 21 2020-2023 Fire Rescue Vehicles&Other Equipment Page 402 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions It is understood and agreed that all policies of insurance provided by the vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the FSA. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The vendor hereby agrees to indemnify and hold harmless the FSA,a 501(c)3,its officers,agents,and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the vendor, his agents, servants, or employees, or through the mere existence of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers,agents,and employees, as determined by a court of competent jurisdiction. The vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract,and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The vendor will secure and maintain policies of third party suppliers.All policies shall be made available to the FSA upon demand.Compliance by the vendor and all third party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the vendor and all third party suppliers of their liabilities and obligations under any section or provisions of this contract.Vendor shall be as fully responsible to the FSA for the acts and omissions of the third party suppliers and of persons employed by them as he is for acts and omissions of persons directly employed by the vendor. Insurance coverage required in this contract and the Specification Bid Document shall be in force throughout the contract term. The required Insurance Checklist summarizes the bidder's insurance obligations, if awarded. Any insurance requirements listed in the Specification Bid Document supercedes the amounts listed in the Insurance Checklist. Additionally, any vendor that uses a third party supplier for remount services must ensure that the third party supplier maintains the insurance requirements in Section 3.16(Remount Ambulance). The FSA can request and the vendor shall furnish proof of insurance within seven days of receipt of the written request from FSA. Should the vendor fail to provide acceptable evidence of current insurance during the contract term,the FSA shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS All units covered by this contract and the base specifications shall be the manufacturer's current basic production model, and at a minimum shall be equipped with all standard factory equipment in accordance with the manufacturer's latest Page 2 2 2020-2023 Fire Rescue Vehicles&Other Equipment Page 403 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions literature unless otherwise noted in the specification bid document. If awarded, bidders must supply a unit that meets or exceeds the requirements included in the applicable base specifications. The bid specifications are contained in the FSA Bid System, as specification bid documents. The FSA base specifications are incorporated in this document by reference. Bidders are required to provide all information requested on the price sheets or may have their bid rejected. All vehicles, equipment, options, and features provided must be designed, constructed, and installed to be fully suitable for their intended use and service. 2.05 FIXED PRICES If the bidder is awarded a contract under this Invitation to Bid, the prices quoted by the bidder on the Bid Forms at the time of bid submission shall remain fixed and firm during the term of this contract, unless otherwise addressed in a contract extension or annual price adjustment as provided in this contract. 2.06 SEALED BIDS For purposes of this solicitation,a sealed bid is considered a bid submitted using the FSA Bid System. 2.07 EXCEPTIONS TO TERMS AND CONDITIONS Any exceptions,deviations,or contingencies a bidder may have to specifications or Contract Conditions,Section 3.0 of this document, must be documented in bidder's submission. Exceptions to the specifications at the time of the bid submission shall reference the specification or item number and a written explanation for the request for exception.At FSA's discretion,exceptions,deviations,or contingencies to the specifications or Contract Conditions stipulated by the bidder may result in disqualification of a bidder's submission. Specifications are based on the most current manufacturer literature available. Bidders should immediately notify the FSA of any inaccuracies in the specifications or required submittal documents.All notifications of inaccuracies must be in writing and timely submitted. Failure of a bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the vehicle into compliance with the contract specifications. Exceptions,deviations or contingencies to the General Conditions or Bidder Instructions,other than those determined to constitute minor irregularities and waived by the FSA pursuant to Section 2.26, may be cause for the rejection of a bidder's submission. 2.08 MISTAKES Bidders are expected to examine the specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the bidder's risk. 2.09 EQUIVALENTS Page 2 3 2020-2023 Fire Rescue Vehicles&Other Equipment Page 404 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Bidders must first request approval from the FSA before submitting a bid that includes an equivalent that will supplement an item on the base specification. The FSA will determine whether the proposed equivalent is equal to or exceeds the quality,design and construction than the intended replacement item in the base specification. Bidders must provide the manufacturer name and model number(or product identifier)of each equivalent when seeking approval. Complete, descriptive, technical literature should demonstrate that the equivalent conforms with specific replacement item. If the equivalent is approved, the bidder must include the supporting material in the bid submission. Bids will not be considered without this information. If a bid uses equivalents without prior approval, the bid will be deemed nonresponsive. Vendors offering alternate makes and manufacturers of vehicles or equipment that are not specifically identified in the bid,cannot publish or offer the unapproved equivalents. Offerings of this nature will cause the bid to be rejected. If such offerings are identified after the award has been granted,the offerings,specification or entire award can be removed by the FSA. When selling equivalents,vendors must disclose to the purchaser that an approved equivalent is being offered. 2.10 MANDATORY PRE-BID MEETING Prospective bidders are required to attend the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA Cooperative Purchasing Team to meet in person to clarify questions on the terms and conditions and to confirm all base specifications are correct. Bidders have the opportunity to suggest technical modifications or corrections before the specifications are finalized. Questions relating to the specifications,the bid process, or award can be asked at the Pre-Bid Meeting. FSA reserves the right to grant attendance exceptions to the mandatory meeting if the bidder has requested prior authorization, has met all prequalification requirements, and agrees to sign a memo of understanding(MOU) and agree to meet all the terms and conditions without exception and further waive their right to protest the bid process in its entirety or any portion thereof. 2.11 QUALIFICATION Prospective bidders are required to prequalify by completing all qualification forms by the date listed on the Bid Calendar.A bidder becomes a qualified bidder if they comply with this section and Section 2.10, Mandatory Pre-Bid Meeting. Qualification forms include: • Drug-Free Workplace Form, • Insurance Checklist, • Manufacturer Authorization Form for each manufacturer bid by bidder, • Emergency Vehicle Technician (EVT)Certification,if bidder is offering emergency lighting and sirens,and • Qualified Bidder documentation as required in Section 2.01. The qualification forms are located in the Bid System. Page 24 2020-2023 Fire Rescue Vehicles&Other Equipment Page 405 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.12 PRICES QUOTED Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of 60 calendar days from the date of bid opening. Each specification,make and model must be priced and bid separately. Prices quoted in the bid submission should reflect the final amount the bidder can expect to receive for payment for the specifications bid for the duration of the contract award, unless otherwise addressed by a contract extension or price adjustment as provided in the contract. These prices must be inclusive of all of the components included in the base specification. Discount percentage will be clearly indicated on the pricing sheet as a whole figure and will accurately reflect the amount the base vehicle has been discounted. Prices bid, including options, must include the administrative fee FSA charges to administer the contract, as outlined in Section 3.28 Administrative Fee. Prices must be Free On Board (FOB)destination. Once awarded,the vendor has the authority to offer discounts for prompt payment. Cash or quantity discounts offered will not be a consideration in determination of award of the bid. 2.13 OPTION PRICING Options may be sold, but only in connection with the sale of a base specification. The bidder shall offer discount below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. Options are intended to add or delete equipment or features from the base specification.Options can provide an upgrade or downgrade to a manufacturer's model,such as a slightly different engine size, horsepower,or equipment,and should not be made available for purchase separate from the base vehicle or equipment. Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base specification or are available as another specification bid on this ITB. The use of options to facilitate the sale of an alternate manufacturer's product which is outside the scope of the written base specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. The FSA has the discretion to disqualify bidders if the option pricing is excessive. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. If a bidder will offer registration and title services as a fee for service,the bidder must include the registration and title fee as a separate option (i.e. line item) for each item bid, see Section 3.23 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond option prices listed in the contract.The additional discounts for each add option shall be decided by the vendor. Page 2 5 2020-2023 Fire Rescue Vehicles&Other Equipment Page 406 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Bidder must use proper factory codes for all factory options. Options available through the factory must be bid and supplied to purchaser as"factory"options, unless otherwise requested in writing by the purchaser. 2.14 SUBMITTAL OF BID Bidders are required to submit a bid using the FSA Bid System. Bid submissions include pricing for the base specification, as well as all other required documentation. The bid must be received by the date and time specified on the Bid Calendar. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. FSA Bid System:VendorLink Bidders must submit their bid electronically using the on Bid System,which is located at https://www.myvendorlink.com. Bids not submitted within FSA Bid System will be rejected. Bidders are encouraged to participate in training provided for the Bid System. User names and passwords will be issued to qualified bidders after registering in Vendorlink, qualified bidders will be invited to bid. Prices are to be rounded to the nearest whole dollar(i.e. $10, not$10.05).The bid system allows for cents, however the bid evaluation is based on the whole dollar. If a bidder submits bid pricing using cents, the following formula will be applied: •$.01-.49 will be rounded down to the prior dollar bid (e.g.$50.49=$50) •$.50-.99 will be rounded to the next dollar(e.g.$50.50=$51) Bid Submission To ensure correct bid submittal and formatting, Bidders shall: 1. Submit bid electronically through VendorLink for the applicable bid. 2. Upload files only in MS Word (.doc or.docx), Excel (.xls or.xlsx),and PowerPoint(.ppt or.pptx);Adobe Portable Document Format(.pdf);or Compressed File(ZIP)formats. 3. Enable printing on files submitted. 4. Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page.) 5. Bids must be input into the standardized format in VendorLink. 6. Contact VendorLink technical support at support@evendorlink.com, if technical difficulties arise during bid submission. 7. Follow all instructions outlined in this Invitation to Bid and provide all requested information. Refer to Appendix H for bidder instructions for FSA bid system data entry. The bid submitted in the Bid System shall include the following documents: • Executed Contract Signature Page • Completed pricing sheet o Pricing sheet must be downloaded from the Bid System (VendorLink), completed, and uploaded back into the Bid System. Modifications to the format of the predefined Excel spreadsheet are prohibited, and will cause the bid to be rejected. • Bid Bond in the amount of five(5)percent of each item bid Page 2 6 2020-2023 Fire Rescue Vehicles&Other Equipment Page 407 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions • Performance bone letter from a bonding company • Build sheet for each item bid 0 A build sheet is a document from the bidder or manufacturer that confirms that the vehicle or equipment bid matches the FSA base specification. If using the manufacturer's print-out,the document shall indicate the manufacturer's base model code and display the standard equipment required to provide the base vehicle or equipment as outlined in the FSA base specification. If vendor-installed aftermarket components are used to meet the base specification and these components must be identified on the build sheet. Build sheets for each item bid must be complied into a single .pdf document. Build sheets should be in numerical order by specification, clearly identifiable by specification or item number, and include model name and number. If FSA cannot determine which specification the build sheet is for,the item bid can be rejected as nonresponsive. • License and Certifications,as applicable 0 Emergency Vehicle Technician Certifications, as applicable 0 Florida Department of Highway Safety and Motor Vehicle Dealer Licence,as applicable 0 Florida Department of Highway Safety and Motor Vehicle Manufacturer License,as applicable 0 Any other safety certification or license applicable to specifications bid • Explanation of how warranty claims will be handled in the State of Florida,or Service Standard Plan,Section 2.02, as applicable • Any requested equivalents,Section 2.09,or exceptions,Section 2.07 FSA may ask awarded bidders to supply one hard copy set with original,written signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA. 2.15 EXECUTION OF BID By submitting a response to this Invitation to Bid,the bidder agrees to the terms and conditions of this contract and to be bound by such terms and conditions if selected for award.The bidder must submit the Contract Signature Page with the signature of an authorized representative no later than the date of the final award. 2.16 MODIFICATION OR WITHDRAWALS OF BIDS A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a bidder believes that the bidder must withdraw the bid, the bidder must contact the FSA Cooperative Purchasing Program Administrator immediately. Bid withdrawals are handled on a case by case basis,and can result in a limitation of participation in future bids. 2.17 LATE BIDS The responsibility for submitting a bid before the stated due date and time on the bid calendar is solely and strictly the responsibility of the bidder.The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery,or any other occurrence.Any reference to time will be based on Eastern Time. Page 2 7 2020-2023 Fire Rescue Vehicles&Other Equipment Page 408 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 2.18 PUBLIC BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar.The bid opening will occur at the Florida Sheriffs Association,2617 Mahan Drive,Tallahassee, Florida. FSA shall communicate the bidder name and if they have provided all the required information. 2.19 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will occur during the bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the Contract Terms and Conditions. As set forth in Section 2.24, FSA reserves the right to waive or allow a vendor to correct minor irregularities. 2.20 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if eligibility and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information,documents or materials may be rejected as nonresponsive. Bidders whose responses,past performance,or current status do not reflect the capability, integrity,or reliability to fully and in good faith perform the requirements of the Contract may be rejected as nonresponsible. In determining a responsible bidder,the following factors may be considered: • Adequacy of facilities,staffing,and financial resources; • Previous experience with FSA contract or other similar government contracts; • Ability to provide excellent customer service, including previous FSA contracts; and • Any other information relevant to the responsibility of a vendor that FSA is aware of. In addition to the requirements of Section 2.01, FSA reserves the right to request staffing, performance and financial information from any bidder during the evaluation process if FSA determines this information is necessary to award the bid. FSA reserves the right to determine which responses meet the requirements,specifications,terms and conditions of the solicitation,and which bidders are responsive and responsible. FSA further reserves the right to limit participation of bidders who, in FSA's sole discretion, are determined to present responsibility concerns that call into question the bidder's ability to perform but that do not rise to the level of requiring rejection of the bidder as nonresponsible. 2.21 BASIS FOR AWARD The FSA shall make awards to the lowest bidder by specification and by manufacturer to bidders deemed to be responsive and responsible. Awards may also be made to the second lowest bidder by specification and by manufacturer if applicable and determined to be in the best interest of the FSA and the purchaser. The Fleet Advisory Committee serves as the initial review for bid submissions.The Fleet Advisory Committee's review is submitted to the FSA for final evaluation and determination of award. Page 2 8 2020-2023 Fire Rescue Vehicles&Other Equipment Page 409 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The options in the bid shall be for informational purposes only and will not serve as a basis for bid protest. However, the FSA has the discretion to consider option pricing in making the award if doing so would be in the best interests of the FSA or the purchaser. FSA reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser's best interest. 2.22 FIRM BID Bidder warrants by virtue of bidding it is submitting a firm bid and the prices quoted in their bid response will be good for an evaluation period of sixty(60)calendar days from the date of bid opening,and if awarded through the duration of the contract unless otherwise addressed by a contract extension or price adjustment as provided in this contract. By virtue of the bid submission, bidder acknowledges its obligation to sell vehicles and equipment for all bidder awards. Failure of the bidder to comply with these requirements may result in the imposition of liquidated damages of up to $5,000 per vehicle or equipment,which amount the vendor agrees is reasonable, or probation, suspension,termination or a combination thereof from current and future bids at the FSA's discretion. 2.23 MINOR IRREGULARITIES / RIGHT TO REJECT The FSA has the right to accept or reject any and all bids,or separate portions thereof,and to waive any minor irregularity, technicality or omission if the FSA determines that doing so will serve its best interest or the best interest of the purchasers.A minor irregularity is a variation from the terms and conditions of this procurement that does not affect the price of the bid or give the bidder a substantial advantage over other bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option,the FSA may allow a bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA may request a bidder to provide clarifying information or additional materials to correct the irregularity. However, the FSA will not request and a bidder may not provide the FSA with additional materials that affect the price of the bid, or give the bidder an advantage or benefit not enjoyed by other bidders. The FSA may also reject any bids not submitted in the manner specified in this document. 2.24 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens as indicated in the Bid Calendar. During this period all communications regarding this solicitation between FSA and Bidder will cease,except for procedural questions, questions regarding problems incurred in the use of the the bid system, or communications initiated by the FSA.All permitted communications during this period shall be made in writing to the procurement contacts identified in Section 1.01 of this Invitation to Bid. FSA is not responsible for bidder's improper use of the bid system. Exceptions will be granted to this section should any bid system malfunctions occur. Page 2 9 2020-2023 Fire Rescue Vehicles&Other Equipment Page 410 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS FOR ALL VEHICLES AND EQUIPMENT Once the bid has been awarded, the terms and conditions of this document become the Contract between the FSA and the awarded vendor. The terms and conditions apply to all vehicles or equipment purchased from the this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the Contract Signature Page warrants that he/she is duly authorized to do so and binds the respective party to the Contract. 3.03 VENDOR CONTACT INFORMATION The vendor will maintain current contact information with FSA at all times. If a change occurs during the contract period,the vendor must notify the Administrator immediately. The Vendor Change Document must be completed,signed by an authorized representative and submitted via e-mail to�PF t flsh riffs.org. A sample Vendor Change Document is located in Appendix C and online at the FSA website. 3.04 OPTION TO RENEW& PRICE ADJUSTMENT Renewal Option The contract may be renewed by mutual agreement, initiated at the discretion of the FSA, for up to two (2) additional years, on a year to year basis.The FSA reserves the right to in its sole discretion elect to renew the contract in whole or in part. In the event that the contract is held beyond the term provided herein, it shall be on a month-to-month basis only and shall not constitute an implied renewal of the contract.Such a month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. Price Adjustment Prior to completion of each contract term, and on an annual basis, the FSA will consider a price adjustment due to manufacturer certified price adjustments or as a result of any changes to national or state standards that require substantial cost adjustments. In the event of changes to national or state standards,the vendor must present verifiable changes in cost to FSA. The FSA will consider the cost changes and will make a final determination on the change in price. For any vendor-initiated adjustment to commence on the first day of the renewed contract term, or on an annual basis, the vendor's request or adjustment should be submitted 90(ninety)days prior to expiration of the then current contract. The vendor-initiated adjustment request must clearly substantiate the requested increase or decrease. For manufacturer certified price adjustments,vendors must provide documentation to FSA that such price adjustments are not in excess of other bid contracts or cooperative purchasing agreements and indicate the government concessions or discounts offered. If no request is received from the vendor,the FSA will assume that the vendor has agreed that the optional term may be Page 30 2020-2023 Fire Rescue Vehicles&Other Equipment Page 411 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions exercised without pricing adjustment.Any adjustment request received after the commencement of a new option period will not be considered. The The FSA reserves the right to accept the renewal adjustment or to allow the contract to fully or partially terminate and readvertise for bids,whichever is in the best interest of the FSA. 3.05 ADDITIONS AND DELETIONS The FSA can add, remove, discontinue or suspend any specifications, or portions thereof, from this bid or awarded contract when it is deemed to be in the best interest of FSA and the purchasers. This decision to take action may be based upon and not limited to: • Few or no sales; • Product recalls and other safety issues; • Vendor or Manufacturer performance; or • Lack of relevance of products/commodities. 3.06 EQUITABLE ADJUSTMENT The FSA may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 DISCOUNTS Discounts must be offered under this contract and shall be below Manufacturer's Standard Retail Pricing (MSRP) or manufacturers published list price for each specification and option listed. Discounts must be clearly documented in the bidders submission. The vendor has the authority to offer additional discounts based on quantity,as well as additional manufacturer or vendor discounts. Discounts are not required on any state or federal fees and charges. Discount ranges are not permissible. Discounts must be a whole percentage with no decimal place(e.g. 10%). 3.08 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this bid shall be the most current model offered, i.e.the most current production model at the time of this bid. 3.09 PRODUCTION CUTOFF Production cutoff refers only to cab and chassis configurations within bid specifications.The vendor shall notify the FSA no less than 60 calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Notification shall be provided in writing. Page 31 2020-2023 Fire Rescue Vehicles&Other Equipment Page 412 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Purchase orders received by the vendor 10 business days prior to the final order date must be accepted and entered into the order system with the manufacturer. If a purchase order has been timely received by the vendor and the manufacturer fails to produce or deliver the production year vehicle,the vendor must provide the next year's equivalent model at current contract prices. Purchase orders issued and received after the cutoff date will be subject to availability. In this case, the vendor and manufacturer have the discretion to choose whether to provide the next year's model at current year's prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser's ability to obtain the specifications, FSA may consider substitutions from the same manufacturer. 3.10 FACILITIES The FSA reserves the right to inspect the vendor's facilities at any time with prior notice. 3.11 SUBSTITUTIONS The FSA or purchasers will not accept substitute orders of any kind.Vendors are expected to furnish the brand quoted in the bid once awarded.Any substitutes will be returned at the vendor's expense. Delivery of substitutes and the delay in supplying the correct specification can be deemed grounds for termination for default. 3.12 EMERGENCY LIGHT AND SIREN CERTIFICATION STANDARDS Under Florida Statute 316.003(1),authorized emergency vehicles are defined as: Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. Bidders that will provide or contract to provide emergency light and siren installation must also submit Emergency Vehicle Technician Certifications for the individuals working for the bidder or the designated third-party supplier who will perform the installation. FSA reserves the right to accept certifications up and until final award. Vendors that will install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1 and Class 2 in order to be eligible for participation in the Contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the vendor can be found in default of the Contract. 3.13 FACTORY INSTALLED All options specified as factory installed are to be installed on the vehicle at the primary site of assembly and is to be the manufacturer's standard assembly-line product. No aftermarket and no vendor-installed equipment will be accepted as factory installed. Vendors found supplying aftermarket or vendor-installed equipment where factory installed are specified may be required to retrieve all delivered vehicles and reorder new vehicles meeting the specifications. Page 32 2020-2023 Fire Rescue Vehicles&Other Equipment Page 413 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions All factory ordered options are to be original equipment manufacturer(OEM)and factory installed unless otherwise noted by the vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. Aftermarket parts, modifications,and factory produced parts and components ordered and installed by a vendor that do not meet the requirements of factory installed components,will be rejected for noncompliance with the requirements of the specification. In the event that a component that does not meet the specifications is found installed on a vehicle before or after the vehicle has been accepted by the Purchaser,the vendor shall be required to replace the vehicle with a vehicle that meets the required specifications,including factory installed components. In the alternative,the purchaser shall decide whether they will accept vendor installed components. 3.14 VENDOR INSTALLED All vendor-installed accessories shall be installed according to the manufacturer's specifications.All such accessories must be manufactured by an established manufacturer of the product provided.Vendor is required to disclose Make and Model of product being offered and the location, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the vendor must also disclose the warranty of any item that is less than or exceeds the factory vehicle or equipment warranty coverage. A vendor that employs a third-party supplier or subcontracts technicians to install emergency equipment on vehicles purchased on this contract is required to utilize technicians that are certified in Emergency Vehicle Installation through EVT Certification Commission, Inc.or an approved equivalent. The FSA may at any time during the contract period request proof of the required certification. Any vendor that violates this provision will be considered in default of the contract. FSA may terminate the contract in accordance with Section 1.45 of this Invitation to Bid. 3.15 NON-SCHEDULED OPTIONS FSA attempts to include scheduled,factory and aftermarket options in the bid document. If a purchaser requests a non- scheduled option that is not included in the bid document,the vendor may provide this nonscheduled option.The purchaser has the opportunity to request the vendor's discount pricing for any nonscheduled options during the quote process.At no time should the non-scheduled option exceed MSRP or Published List Price. Non-scheduled options should be listed as a separate line item and noted on the purchase order to include the price.All non-scheduled options are covered under these terms and conditions. 3.16 REMOUNT (AMBULANCE) It is the responsibility of the awarded vendor to ensure that any remount services meet or exceed all insurance requirements under the terms and conditions of the FSA Fire/Rescue Vehicles and Other Equipment Contract. Remount service providers shall maintain a minimum of$5,000,000 in Product Liability Insurance and a minimum of$1,000,000 in Professional Garage Keepers Liability Insurnace. Proof of adequate coverage shall be produced to the customer upon request. Page 3 3 2020-2023 Fire Rescue Vehicles&Other Equipment Page 414 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions All remount service providers are to be registered with National Highway Traffic Safety Administration(NHTSA), as a manufacturer.The remounter shall be familiar with,and follow,all applicable and/or recommended OEM guidelines and practices as published by the OEM chassis manufacturer. This shall include the strict compliance with the New Vehicle Standard, registration requirement,and the Incomplete Vehicle Document(IVD)for the appropriate chassis. The remounter company shall be financially able to adequately support a warranty obligation offered to the purchaser and provide proof from a third party financial institution to the purchaser upon request.The warranty that shall be offered at a minimum to the customer shall be as follows: 1. The remounter shall warrant the ambulance and furnished equipment against parts failure or malfunction due to design, construction, or installation errors, defective workmanship, and missing or incorrect parts for a minimum period of 12 months or 12,000 miles(whichever occurs first). 2. However,if the remounter received from any supplier or subcontractor additional warranty on the whole or any component of the ambulance, in the form of time and/or mileage, including any prorate arrangements, or the remounter generally extends to their commercial customers a greater or extended warranty coverage, the customer shall receive corresponding warranty benefits. It is also the responsibility of the awarded vendor to certify that it has inspected the remounted module for structural integrity and will supply a statement that includes date, time, and photographic proof of the inspection process to the purchaser. The remounter shall have written work process documentation to substantiate each step of the product and present to the awarded vendor upon completion of the remount. This shall include: 1. The evaluation and the physical assessment of the original vehicle; 2. The production sequence and process; and 3. Written and verified quality control and function checks. The remounter shall perform the following series of steps to determine viability of the proposed remount product: 1. The viability shall include a visual inspection of ambulance body module for overall condition to determine suitability for forward service life.This shall include the compatibility of the body to the proposed new chassis. This viability process shall include, and the remounter shall provide a Scope of Work to the awarded vendor, which shall include a detailed proposal to the customer:a notice of compliance of FMVSS requirements,including weight balance and payload projections and analysis. 2. The remounter shall inform the customer of any hidden deficiencies or defects discovered during the process; whereby remediation shall be mutually determined. 3. The remounter shall inspect and perform functionality testing in accordance to American Manufacturers Division of the National Truck Equipments Association standards. 4. The remounter shall provide final documentation of product and affix all applicable compliance labeling to the product. If a purchaser utilizes a remount service on its own initiative, the remount service provided shall be excluded from the terms and conditions of this Contract. 3.17 FORCE MAJEURE A vendor shall not be penalized for a delay resulting from the vendor's failure to comply with delivery requirements if neither the fault nor the negligence of the vendor or its employees contributed to the delay and the delay is due directly Page 34 2020-2023 Fire Rescue Vehicles&Other Equipment Page 415 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the vendor's control,or for any of the foregoing that third party suppliers if no alternate source of supply is available to the vendor. 3.18 DELIVERY TIME Vendors shall specify the estimated delivery time in calendar days for each item.The purchaser should consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday,excluding holidays. 3.19 ORDER The vendor shall submit a copy of the purchase order to the Coordinator within 14 days of receipt from the purchaser. To initiate a purchase,a purchaser issues a purchase order to the vendor,which shall include: •The contract number and title; •Specification number and item(s) purchased; • Prices broken down by FSA base specification item,and additional options; • Purchaser's federal identification number,and • Name,phone number and email address for the point of contact at the purchasing agency. Delivery or due dates should be discussed with the vendor at the time the quote is provided to the purchaser, or if no quote is provided,when the purchase order is delivered to the vendor. It is important to note that vendors do not have any control over production delays in schedules from the manufacturer. The purchaser should forward an executed copy of the purchase order to the FSA at the same time the purchase order is sent to the vendor. Emails or hard copies are accepted. Emails can be sent to coop@flsheriffs.org. If a vendor receives a purchase order for a specification for which they were not awarded, the vendor must notify the purchaser and return the purchase order to the purchaser within three(3) business days. All vehicles ordered prior to production cut off and in accordance with the contract shall be supplied in the manufacturer's next model run of that class vehicle even if it requires supplying a later model at the original bid prices. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order.The vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the Contract and the purchase order. It is the vendor's responsibility to ensure that the vehicle or equipment ordered by the purchaser is fully compatible with all ordered options and that the vehicle complies with all applicable manufacturer and industry standards.The vendor's acceptance of a purchaser's order will indicate that the vendor agrees to deliver a vehicle that will be fully compatible with all of its options. Any changes that are required to bring a vehicle or equipment into compliance with the various options due to an incorrect order will be accomplished at the vendor's expense. A Confirmation of Order form shall be completed by the vendor and returned to the purchaser 14 calendar days from receipt of purchase order without notification by the purchaser.The Confirmation of Order form is included in Appendix D. Page 3 5 2020-2023 Fire Rescue Vehicles&Other Equipment Page 416 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 3.20 VEHICLE DELIVERY At a minimum, pre-delivery service shall include the following: • Standard Dealer and Manufacturer protocol for new vehicle delivery; • Cleaning of vehicle, if necessary,and removal of all unnecessary tags,stickers, or papers; • For cab and chassis,do not remove the window price sticker or supplied line sheet; • Speedometer must be correct regardless of the tires provided by the vehicle manufacturer or axle ratio furnished; • Owner's manual and warranty manual to accompany each vehicle; and • A MSRP list sheet (window sticker) MUST be in the vehicle when it is delivered to the Purchaser, if applicable. Vehicles that are missing this form,or have forms that have been altered will not be accepted. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Vendor shall complete delivery of the vehicle to the purchaser within fourteen (14)calendar days of receipt of the vehicle from the manufacturer or equipment supplier. This deadline shall not apply to vehicles originating as an incomplete chassis. Receipt of a vehicle by the vendor is defined as acceptance of the vehicle from a common carrier at the vendor's place of business or any third party's place of business. Deliveries of less than 2,500 miles may be accomplished by driving the vehicle.Any delivery accomplished by driving the vehicle must be supervised and the driver must comply with manufacturer's break-in requirements and all applicable traffic laws. Any delivery accomplished by driving fire rescue or emergency response vehicle must use an "OUT OF SERVICE"cover on light bars. All deliveries in excess of 2,500 miles shall be approved by the purchasing agency. Incomplete vehicles would be exempt. The purchaser has the option to reject a vehicle with more than 2,500 odometer miles, if not previously approved by the purchaser, or may deduct $0.51 cents per mile in excess of 2,500 miles from the invoice, unless distance above 2,500 miles was previously approved by the purchaser.This requirement also applies to redelivery of vehicles that were rejected upon initial delivery. All warranties shall begin at the time of delivery to the Purchaser. The purchaser's warranty should not be active for incomplete vehicles or vehicles delivered to an upfitter before final delivery. Vendor shall notify the purchaser no less than twenty four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon delivery details.Transport deliveries must be unloaded and inspected by Purchaser. Deliveries not complying with these requirements may be rejected and will have to be redelivered at Vendor's expense. All vehicles must contain no less than 1/4 tank of fuel as indicated by the fuel gauge at the time of delivery. For vehicles and equipment that have more than thirty five (35) gallons of capacity, a minimum of ten (10) gallons of fuel must be provided. Page 36 2020-2023 Fire Rescue Vehicles&Other Equipment Page 417 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions 3.21 INSPECTION AND ACCEPTANCE It is the responsibility of the Purchaser to inspect a vehicle for any damages. Each Purchaser shall make a good faith effort to inspect the vehicles or equipment before or at the time of delivery for acceptance. One (1) day is the suggested period for inspection. However, if reasonable accomodations for inspection cannot be made upon delivery, the Purchaser may have up to three (3) days to inspect the vehicle or equipment for acceptance. Inspection and acceptance will be at the Purchaser's destination unless otherwise previously agreed upon location was provided in the purchase order. It is the purchaser's responsibility to thoroughly inspect each vehicle prior to acceptance. Copies of the bid specifications and purchase order will be delivered with the vehicle. Purchasers are to inspect the vehicle and compare bid specifications, purchase order and manufacturer's window sticker or manufacturer's invoice to ensure vehicle meets or exceeds the requirements of the technical bid specifications and the submitted purchase order.Purchasers should inspect the vehicle for physical damage. Delivery of a vehicle to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications and the requirements listed below. Should the delivered vehicle differ in any respect from specifications, payment can be withheld until such time as the vendor completes the necessary corrective action. Units shall be delivered with each of the following documents completed or included: 1. Copy of Customer's Purchase Order 2. Copy of the applicable Vehicle Specification 3. Copy of Manufacturer's Invoice or Window Sticker. Prices may be deleted from the manufacturer's invoice 4. Copy of Pre-Delivery Service Report 5. Warranty Certification 6. One complimentary copy of the printed owner's manual if requested,otherwise digital copies are acceptable 7. If the Vendor does not provide the tag and title,then the DHSMV 82040(Application for Certificate of Title and/or Vehicle Registration)which requires a signature of authorized representative Deliveries that do not include the above forms and publications will be considered incomplete and can be refused. 3.22 REGISTRATION, TAG AND TITLE Costs of tag and title shall not exceed the statutory rates. FSA Administrative Fee does not apply to tag and title work. Title items shall be the responsibility of the vendor. The purchaser, if a government agency, has the authority to choose to register and title the vehicle. Reasonable administrative costs for registration and title services, including obtaining temporary tags,tag transfers, and new tags are permitted.All costs associated with obtaining,filing and shipping of tags shall be listed as an option during Page 3 7 2020-2023 Fire Rescue Vehicles&Other Equipment Page 418 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions the bid submission for each item bid. Registration and title costs can include convenience fees, cost reimbursements for filing,obtaining or delivery of tags, or any costs over the original purchase price of the registration and title. Registration and title costs for registration and titling can be negotiated between the purchaser and the vendor. 3.23 CAB AND CHASSIS PURCHASES FSA highly recommends that all upfitting of cab and chassis be performed by vendors or third party suppliers that are licensed and/or certified to avoid unnecessary exposure to future liability. Vendors are required to register and title the vehicle when the cab and chassis upfitting work is completed by the vendor or the vendor's selected third party supplier. Cab and chassis can be purchased from vendors without any required additional fitting by the dealer. However, in this situation vendors are not required to register and title the chassis. If an agency chooses to upfit the chassis with a third party supplier not selected by the vendor,then the third party supplier must perform the state mandated registration and title work upon completion of the upfitting. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. 3.24 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the vendor and purchaser placing orders using this contract.Vendors must invoice each purchaser independently. A Purchaser has three (3)working days to inspect and accept the vehicles or equipment.The Vendor shall be paid upon submission of invoices to the Purchaser after satisfacory delivery and acceptance of the vehicles and/or equipment. The Local Government Prompt Payment Act will apply to local governments to ensure timely payment of Vendor invoices. The Local Government Prompt Payment Act is defined in Sections 218.70-218.79 of Florida Statutes. 3.25 WARRANTY REPAIRS AND SERVICE All warranties shall begin at time of delivery and final acceptance by the purchaser. Failure by any manufacturer's authorized representative to render proper warranty service or adjustments, including providing a copy of the warranty work order to the purchaser, may subject the vendor to suspension until satisfactory evidence of correction is presented to the FSA. 3.26 INADEQUATE SERVICE When vehicles and equipment require service or adjustments upon delivery, the vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer's local authorized dealer or other service provider to remedy the defect.Such service or adjustments shall be initiated by the bendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory and the vehicle or equipment is redelivered. Page 38 2020-2023 Fire Rescue Vehicles&Other Equipment Page 419 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions The provisions of the delivery section shall remain in effect until the redelivery is accomplished. The cost of any transportation required shall be the responsibility of the vendor until the vehicles or equipment are satisfactory and accepted by the Purchaser. 3.27 REPORTING: PURCHASE ORDERS & QUARTERLY REPORTS Purchase Orders The Vendor must submit copies of purchase orders upon receipt to the FSA. Purchase orders are considered late if not submitted fifteen (15)days after the date of the purchase order. Vendors should scan a complete copy of the purchase order and attach it as a .pdf. Place the document title in the subject line of the e-mail and send purchase order copies to rwgc r @fish riffs.org. The files should be named using the following examples: Examples: County= Florida County,County of PO 12345 ABC County BCC PO 12345.pdf City= Florida City,City of PO 12345 ABC City PO 12345.pdf Sheriff=Sheriff Office of PO 12345 ABC Sheriff PO 12345.pdf Education= Institution Name P012345 ABC County College PO 12345.pdf Quarterly Reports Quarterly reports are the contractual responsibility of each awarded vendor. Quarterly Reports which do not adhere to the required format (Appendix F)or are not complete of all purchase orders will be returned to the reporting Vendor for correction of deficiencies. Quarterly reports track the deliveries in a given quarter. Quarterly reports do not track purchase orders taken in a quarter, rather purchase orders are to be submitted at the time they are received by the vendor. All quarterly reports are to be sent to rt,Lcrt<sL=Dflsri4 riffs.-,)r,t7. Quarterly reports are found on-line in the_Vendors Only section of the FSA website. Quarterly Reports must be complete with the name of the vendor and the date. For example,"Spomot Motors"would be in the document header. Do not indicate the quarter on the top of the report. Do not send purchase orders with the quarterly report. An example of a Quarterly Report is in Appendix F. Quarterly Reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports should follow this schedule: Reports and Year 1 Quarter Period Administrative Fees Due Y1Q1 April 1—June 30 15-Jul-2020 Y1Q2 July 1—September 30 15-Oct-2020 Y1Q3 October 1—December 31 15-Jan-2021 Y1Q4 January 1—March 31 15-Apr-2021 Page 39 2020-2023 Fire Rescue Vehicles&Other Equipment Page 420 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Year 2 Y2Q1 April 1—June 30 15-Jul-2021 Y2Q2 July 1—September 30 15-Oct-2021 Y2Q3 October 1—December 31 15-Jan-2022 Y2Q4 January 1—March 31 15-Apr-2022 Year 3 Y3Q1 April 1—June 30 15-Jul-2022 Y3Q2 July 1—September 30 15-Oct-2022 Y3Q3 October 1—December 31 15-Jan-2023 Y3Q4 January 1—March 31 15-Apr-2023 If a Vendor has no sales within a quarter,the vendor is required to submit a quarterly report and must indicate"NO SALES THIS QUARTER"on the report. Deliveries beyond the Y3Q4 period are to be submitted as a"Y3Q4 Extended Delivery"sheet using the same report format until the contract deliveries are completed for the current contract. FSA reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported,but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA will provide written notice to all vendors of the method by which future quarterly reports are to be submitted. 3.28 ADMINISTRATIVE FEE The Florida Sheriffs Association charges three quarters of one percent (.0075) to procure, process and administer the Contract. After receipt of payment from contract purchases,the vendor shall remit all administrative fees to the FSA no later than 15 days after the end of each quarter. All fees payable to the FSA during any given quarter will be accompanied and supported by a Quarterly Report. Vendors are to make notation of payments in a separate column for each line item of each quarterly report of the check number submitted for administrative fees paid each quarter. Bidders are to include the administrative fee of three quarters of one percent(.0075) in all bid prices. The fee should be incorporated into the price at the time of bid submission This fee should also be included on all add options. The administrative fee will remain payable to FSA and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee,will be permitted if a vendor fails to incorporate the administrative fee in its bid pricing. The fee should never be listed as a separate line item on any purchase order. The administrative fee to be paid is based on the total purchase order amount of new vehicles or equipment. This fee excludes any value given to Purchasers for trade-ins. Trade-ins,extended warranties and other exchanges will not reduce or impact the fee calculation. The administrative fee is the contractual responsibility of each vendor. By submission of the Quarterly Reports and admistrative fee, the vendor is certifying the accuracy of the reports and deposits.All reports and fee submissions shall be subject to audit by the FSA or the designee. Page 40 2020-2023 Fire Rescue Vehicles&Other Equipment Page 421 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions All participating vendors are responsible for ensuring the Administrator has the contact e-mail address for the person responsible for quarterly reports.There will be no reminders for the Quarterly Reports or the administrative fee. Checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.29 LIQUIDATED DAMAGES The vendor warrants that the product supplied to the FSA or purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports within 15 calendar days following the end of each quarter will result in the imposition of liquidated damages. Vendors failing to submit administrative fees and quarterly reports will incur liquidated damages in the amount of$25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section and Section 3.28, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred in the litigation. Venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in vendor's Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 days can result in FSA, at it's sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications,disqualification from future solicitations,or termination for cause pursuant to Section 1.45. Schedule of Liquidated Damages Failure to submit quarterly report on time $25.00 per day Failure to report a Purchase Order to FSA within the 15 calendar days of the $100.00 per Purchase Order purchase order date Failure to Report Sales .0075 of the sales price plus 1.5%each month following the delivery date. Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will damage the FSA, but by their nature such damages are difficult to ascertain. Accordingly, the above specified schedule of liquidated damages shall apply to this contract.Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty, but are instead intended solely to compensate the FSA for damages,and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the vendor's failure to take the specified actions. Page 41 2020-2023 Fire Rescue Vehicles&Other Equipment Page 422 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix P,— Drug-Free Workplace Form FSA DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistanceor 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. Bidder's Signature Date Page 42 2020-2023 Fire Rescue Vehicles&Other Equipment Page 423 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix B— Insurance Checklist Form ,f ruoepoa INSURANCE CHECK LIST 1. Workers' Compensation and Employer's Liability per the statutory limits of the State of Florida. 1 Comprehensive General Liability(occurrence form), limits of liability $1,000,000 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability, Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). General aggregate $3,000,000 3. Automobile Liability-$1,000,000 each occurrence-awned/non-owned/hired automobiles included. 4. Excess Liability - $ per occurrence to follow the primary coverages. 5. The FSA must be named as an additional insured on the liability policies; and it must be stated on the certificate. 6. Other insurance as indicated: J Builders Risk completed value $ ❑Liquor Liability $ ❑Fire Legal Liability $ ❑Protection and Indemnity $. Employee Dishonesty Bond $ Other(Garage) $ 1,000,000 7. Thirty (30) days written cancellation notice required. B. Best's guide rating B+NI or better, latest edition. 9. The certificate must include the bid number and bid title and list FSA as the Certificate Holder, Proposer and Insurance Agent Statement: We understand the insurance requirements of these specifications, as noted by the items checked above, and that evidence of this insurance is required within five (5) days of Bid Award. Bidder: Signature: Date: Page 43 2020-2023 Fire Rescue Vehicles&Other Equipment Page 424 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix C—Vendor Change Form I Florida Sheriffs Association I Cooperative Purchasing Program Vendor Change Document I I Please complete this form to validate a requested change to Company Addresses,Contacts or Contact Information below. Include all sections where information has changed,old and new. FSA Contract Number(s)affected by change: Company Informatlan Changes: Old Information New Information Old Company Name: New Company Name: Old Company Address: New Company Address: Old Company City: New Company City: Old Company State: New Company State: Old Company Zip: New Company Zip: ! Company Contact Changes;: Old Contact Information New Contact Information Old Contact Name(First,Last): New Contact Name(First,Last): Old Contact E-Mail: New Contact E-Mail: Old Contact Office Phone: New Contact Office Phone: Old Contact Mobile Phone: New Contact Mobile Phone: Old Contact Fax Phone: New Contact Fax Phone: ! This information is requested by an authorized representative of ! This request will take effect as soon as it is received by FSA by e-mailing to coop@ flsheriffs,ore. Name of Authorized Company Representative Job Title Date of Request Authorized Company Representative Signature: FSA Office'Use: Date Received: Change Effective: FSA Agent: Page 44 2020-2023 Fire Rescue Vehicles&Other Equipment Page 425 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix D - Confirmation of Order Form CONFIRMATION OF ORDER Florida Sheriffs Association & Florida Fire Chiefs Association Fire Rescue Vehicles and Other Equipment BID NO. FSA20-VEF14.0 A Confirmation of Order form shall be completed by the Vendor and returned to the Purchaser 14 calendar days from receipt of purchase order without notification by the Purchaser. TO BE COMPLETED BY DEALERSHIP: Vendor/Dealership: Address: City: State: Zip: Contact Person: Phone Number: Fax: Specification No. Type Vehicle: Purchase Order Number: Purchase Order Received: Order Was Placed With the Manufacturer on: Under Production Number: Delivery should occur within calendar days after receipt of Purchase Order. A Copy of the Required Production Sheet(s)are Attached for Your Files. Comments: Purchaser/Agency: Contact Person: Address: City: State: Zip: Phone Number: Fax: E-mail: A copy of this form should be attached and submitted with the Purchase Order as the last page. Page 45 2020-2023 Fire Rescue Vehicles&Other Equipment Page 426 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix E — Manufacturer Authorization Form MANUFACTURERS 'sFD �RAOC AUTHORIZATION ,,% � .: Fire Rescue Vehicles,Ambulances and tither Equipment BID No. FSA20-VEF14.0 This is t0 certify that is the manufacturer (Vendor/Respondent's Name) or a manufacturer's authorized dealer of (Manufacturer/Brand Mame) in the State of Florida. By: Manufacturer Name: Address: City, State, Zip: Office Phone: Mobile Phone: E-mail: Signature: Title: PLEASE NOTE; This authorization form must, be executed by an authorized employee of the manufacturer ONLY. Dealers/Representatives are not authorized to execute this authorization form on behalf of the manufacturer. The manufacturer must execute this authorization farm even if they are offering their awn products. Failure to submit this authorization form with your response as required shall result in the disqualification of the response. Contract Terms and Conditions Section Qualification Page 46 2020-2023 Fire Rescue Vehicles&Other Equipment Page 427 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix F — Quarterly Report [INSERT VENDOR NAME HERE] QUARTERLY REPORT for BID#FSA20-VEF14.0 Effective Dates:April 1,2020 thru March 31,2023 Fire Rescue Vehicles and Other Equipment April;"9-June 3OM41 1 Zero Activity och.&sem Total PO Name of Purchasing Agency PO# Qty. Spec.# Vehicle Type PO Date Amount Admin.Fee 5 - Is Is July I-Sept 301YI-Q2 Zero Activity U cf— g _ - 5 _ $ Is Oct I-Dec 3111f1-Q3 Zero Activity 0 ch-k twx g _ Jan 1-Mar 31171-04 Zero Acti i t1 ch-d Inx 3 - Page Total $ - Fees and reports are due no later than the 15th of the month following the quarter end. Page 47 2020-2023 Fire Rescue Vehicles&Other Equipment Page 428 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix G — Bid Calendar FLORIDA BID CALENDAR s"`""`CASs°°°AT.°" Bid # FSA20-VEF14.0 Fire Rescue Vehicles, 4 .q, I Ambulances and Other Equipment L Contract Period:April 1, 2020—March 31, 2023 Bid System Training-All Interested Bidders 11/6/2019 Registration Open for Mandatory Pre-Bid 11/15/2019 Specification and Terms&Conditions Review Workshop 11/20/2019 Mandatory Pre-Bid Meeting 1/14/20-1/15/20 Requests for Clarifications 1/27/2020 FSA Response to Requests for Clarifications 1/29/2020 Bidder Qualifying Documents Due 1/29/2020 FSA Bid System Opens 2/3/2020 Cone of Silence 2/3/20-4/1/20 Bid Submissions Due 3/2/2020 Public Bid Opening 3/3/2020 FSA& Fleet Advisory Committee Bid Review 3/9/20-3/11/20 Intent to Award Posted 3/13/2020 Bid Award Announced 4/1/2020 Voluntary Tel conference Workshop Instructions: Voluntary workshops are via teleconference. To participate, call in on the designated dates specified in the bid calendar at times TBD. Registration: httDs://form.iotform.com/92945425925164 Dial-In: 1-800-920-7487 Participant Code: 68495418 Mandatory Pre-Bid Location: Volusia County Emergency Operations Center 3825 Tiger Bay Road Daytona Beach, Florida 32124 Mandatory Pre-Bid Meeting Itinerary: Fire Rescue Vehicles&Other Equipment-1/14/2020 at 9:00 am-4:00 pm (EDT) Ambulances-1/15/2020 at 9:00 am-4:00 pm(EDT) Page 48 2020-2023 Fire Rescue Vehicles&Other Equipment Page 429 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix H — FSA Bid System Data Input Instructions for Bidders FSA BID SYSTEM DATA INPUT INSTRUCTIONS FOR BIDDERS: FSA20-VEF14.01-AMBULANCES&OTHER EQUIPMENT FSA20-VEF14.02-FIRE RESCUE VEHICLES&OTHER EQUIPMENT Note: The attached Exhibit 1 is an example bidder screen in the FSA bid system sand is for illustration purposes only. Step 1: Insert bid price in the"Unit Price/Percent"data input field as illustrated in Exhibit 1. Step 2: Insert the%discount represented by your bid amount for purchaser reference in the"Vendor Description"data input field as illustrated in Exhibit 1. Step 3: Insert vehicle picture link(which must be a public domain)in the"Image Link"data input field(if desired)as illustrated in Exhibit 1. Step 4: Insert vehicle options link(which must be a public domain)in the"Spec Link"data input field(if desired)as Illustrated In Exhibit 1. Ste S: Upload vehicle build sheet in PDF format in the"Select Files To Upload"field as illustrated in Exhibit 1 Page 49 2020-2023 Fire Rescue Vehicles&Other Equipment Page 430 of 1299 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Appendix H — FSP, Bid system Data Input Instructions for Bidders — Continued EXHIBIT 1 rbide L©gong rd',A6':r,--I D—ct.rr red S.I to:-I, Contacts ',"may,--SeledLan4ue9e w- Help �.ew,e,oFu SNF eauaeFecr Quatef8id Items Spreadsheet Js Direction sing the QuoteJBld Dii,cfens-pcu [tems.Spreadsheet Spread heetelaid Items Sp€eadseet S ptoatl Quote/Bid Items Requested T tai:S Agency Item Description Vendor Item Description Unit Price/Percent Extended Pricel Percent Item#:1 Make: Pierce fdonLIfacrLi ing Inc So 00000 4EMBIR 'facia Cancel Required: Group:Fire Apparatus-Initial Adaek Model: mord F86D Make:Pierce Manufacturing,Inc Model:Ford FSaO Model#: ---- ---- ---- ---- "Select reason be]—if Model It: 50.col 00% Description,Specfficatten 1ReTe,to speernatlons uploaded In bid system. Description:: i (Percent D rnt to be Riled In by cadee Sar each bid'item in the Vendor -- 6eseripxion read) Image Link: - Quantity:i . Unit of Meach Spec Link: _ PficelPefcent.Price Brand NlarmnEqual ValuerSew ce:Brand Name or yqual _-- - - - tn� , Sub-Total:$0.00 L�YaiLIFdJC LIUCI Vendor Files The following fifes ACA required Wore a submission is model Proposai 40 Select a file type. (leave btanklf areptrlred file type Is notifsted If a required fife type listed above is net listed In Me dooaments fable when a response as ready to be submItted,you erli not be abfe to submlt your response,) F.JProposal a:t:..Seleotthetile(s)to upload: (Hall Girl or Shrtt key down to select nntM re riles) Glick on Add AocumengsJ: Add Dacument(x). Page SO 2020-2023 Fire Rescue Vehicles&Other Equipment Page 431 of 1299 'kh Protecting,Leading&Uniting—since 1893 FLORIDA SHERIFFS ASSOCIATION - ------------------------------------------------------------------------------------------------------------------------------------ --- -------- 2617 Mahan Drive,Tallahassee,Florida 32308 p:(850)877-2165 P'.0.Box 12519-Tallahassee,Florida 32317-2519 F.(850)878-8665 www.tisheriffs.org 0 0 Contract Amendment FSA20-VEF14.01 Ambulances & Other Equipment FSA20-VEF14.02 Fire Rescue Vehicles & Other Equipment The Florida Sheriffs Association is modifying the contract terms and conditions of Contract FSA20-VEF14.01 and FSA20-VEF14.02, Section 2.13. This contract amendment is effective on May 1, 2020. The modification of the terms and conditions is permissible under Section 1.24 of the contract. The following language under Section 2.13 will be amended as follows: 2.13 OPTION PRICING Options may be sold, but only in connection with the sale of a base specification. The bidder shall offer discount below Manufacturer's Standard Retail Pricing(MSRP)or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. Options are intended to add or delete equipment or features from the base specification. Options can provide an upgrade or downgrade to a manufacturer's model, such as a slightly different engine size, horsepower, or equipment, and should not be made available for purchase separate from the base vehicle or equipment. Bidders shall NOT use options to create a vehicle or equipment that is entirely different than the FSA base specification or are available as another specification 44 awarded on this ITB. The use of options to facilitate the sale of an alternate manufacturer's product which is outside the scope of the written base specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA. The FSA has the discretion to disqualify bidders if the option pricing is excessive. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. If a bidder will offer registration and title services as a fee for service, the bidder must include the registration and title fee as a separate option (i.e. line item)for each item bid, see Section 3.23 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. Page I of 2 Page 432 of 1299 Purchasers are encouraged to negotiate option pricing with vendors. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each add option shall be decided by the vendor. Page 2 of 2 Page 433 of 1299 i I ;LVID' FR*N7ZfiW + slir isuvtee "k-1-11111111Lr � ,� _ > ,.,>1- : ..t � �tf. \�1�t��f({ids{{'�i�tt��i������\\��iSSS,��tttSSS,S»} d Y 7lEmergency•Tactical Rescue Vehicles September 25, 2020 quote Plan A I� Mr. David Freidberg, Captain Boynton Beach Fire Rescue 2080 High Ridge Rd. Boynton Beach, FL 33426 We are pleased to provide you with the following pricing, shop order, and drawings for the purchase of new 2021 International MV607 4-Dr Crew Cab with Custom AEV Type I module. Pricing is based on 1 purchasing this unit from the Florida Sheriff's Contact Bid No. FSA20-VEF14.01 Fire Rescue Vehicles and iII Other Equipment Specification#03 Type I Ambulance 2 Wheel Drive Medium Duty. 1 i PRICING: i i • FSA20-VEF 14.01 base unit price .... $190,501.00 • Option required to meet Boynton Beach Fire Rescues requirements ................ $167,937.00 • Include in above price: Custom cabinet between two rear cab seat as per your present layout, Stryker Power Pro XT cot,Stair Pro Model 6252,your present graphic,/chevrons package, 4- David Clark Headsets with control, 1-Motorola battery charger NNTN7624C, AeroClave ADS system, air fare, lodging, meals for 4-people to go to the factory for pre-engineering, 2-midline and 4-final, ADDITIONAL TOOLS AND EQUIPMENT: • 1 REEVES HEAVY DUTY FLEXIBLE.STRETCHER • 1 S-SCOR VX-2 PORTABLE SUCTION • PADDED BOARD SPLINTS (54", 36-, 15- 2 OF EACH WITH CARRYING CASE • FASPLINT VACUUM SPLINTS (1 LARGE, 1 MEDIUM, 1 SMALL) j (LARGE SET, MEDIUM SET,SMALL SET • 1 MILLER BOARD CMC RESCUE 721100 • 1 RESCUE TUBES WITH BRASS CLIPS(MARINE RESCUE PRODUCTS SKU 350 RFD) • 1 XTREMEPOWERUS 2 GAUGE 25FT BOOSTER CALE WITH CASE • 1 HALLIGAN PRO AR 30" • 1 FIREHOOKS LOCK SLOT 8 • 1 ROOF HOOK STEEL WITH PRY END I • 1 AMX240 2,5 GALLON WATER EXT 3 • 1 SET COLLAPSIBLE CANES �€ • 165 SCOOP KIT STRETCHER FERNO • 1 KENDRICK DEVICE FERNO • 1 UNIPOLAR SPLINT FERNO Corporate Office: 212 Hickman Drive Sanford, FL 32771 T 4097-339-6737 Toll Free 1-884-612-8148 Georgia Office:Juliette,GA. 31046 1 Tall Free 1-884-612-8148 "18 YEARS OF RESPONDING TO YOUR NEEDS" www.ETRVEHICLES.com Page 434 of 1299 1 $�l t.4 1 \ S r t l �I �(( ]Ewlr]Et .,, .t -_f )r.. _i � OvEmergency- >t.__,_J ) �J __i_ t 3 ,),__,.,. - s __.-i r,__s :-.;, .t. „( ) n+ .) ,. ,�\. � 2 __-,.> __1 i1 .,- r3 -.5, s .,1�, ., 1c .J at __-,rt ,nr. ,� ,. 1,.?i l�.frr {, t _..I .. _ S __1dJJ1111..r.. \, 1 r t _, z 17, ,a.. t 1>t \.\ , i __.-. >, ar c t .., G a ,,,,5 ,fit\,,,(lkt� .,,. � l? s l _,l-:1.,,S( \�l�t 1 1�\'z1�1„ „. 3t..,,1 1 3 -, -.\dr\; f S.r, _,. \i Ill, ,, �{ � t�a,,,_,. ?s.,�,���St�\�\�l)A�1.���111N1,.�,1�1a. �a�tat.�(,,.,fit � . , ,r�,�.att�1��,,tt 1t�����,.t £d�a��,1�ht�I1,�1; qtr,, � Tactical-Rescue Vehicles IIS • 1 BIPOLAR FERNO s 1 FLOTAION ROPE THROW BAG * 1 MOTOROLA APX 7500 WITH 05 CONTROL HEAD 2 STREAM LIGHTS FIRE VULCAN LED • 1 BULLARD ECLIPSE TIC WITH POWER CHARGING = 1 MA.FNEGRIP VEHICLE EXHAUST SYSTEM#500598-01 &500601-01 • 1 STERLING F4 ESCAPE KIT OR NFPA-E RPOE—F4 FIRETECH 50" ESCAPE SYSTEM • 3 LIGHTING X FIRE RESCUE PERSONAL ESCAPE ROPE, BAG BAIL OUT KIT W/40,X 8MM ROPE& CARABINER NFPA • Ship Loose Equipment ....................................... ....................................................... $52,560.00 0 Total price per unit ..................... ................................................................................. $410,998.00 • Plus, applicable taxes,tag, and title + TERMS: Payment in full is due upon the delivery of the finished vehicle. Upon payment ETR, L.L.C. shall furnish the City a "Statemen of Origin" or the necessary validated documents for title application. OPTIONAL PRICING: it l • Pre-payment discount is based on receiving full payment within 10 business days after receipt of Purchase Order and signed Order Confirmation form..Total price per unit after pre-payment discount$407,500.00 l Sincerely, Scott Newcomer Regional Sales Manager ETR, L.L.C. ii (,E is I" (I �t Id a I? Corporate Office: 212 Hickman Drive Sanford, FL 32771 T 407-339-6737 Toll Free 1-884-612-8148 Georgia Office:Juliette, GA. 31046 1 Toll Free 1-884-612-8148 "18 YEARS OF RESPONDING TO YOUR NEEDS" www.ETRVEHICLES.com Page 435 of 1299 i �RAUMAHA Shop Order ELGEF BOYTON BEACH FIRE RESCUE ETR, LLC David Friedberg 212 Hickman Drive 2080 HIGH RIDGE ROAD Sanford, Florida 32771 BOYNTON BEACH, FL 33426 (407)339-6737 561-742-6329 sales@etrllc.org FriedbergD@bbfl.us Exp. Date: 03/11/2020 Quote No: 10089-0121 TYPE9: 16495-T9TL Top Level -International MV607 GENERAL: GEN—INFO 9 ************BID STANDARDS*********** CHASSIS: 43/440OLP International/Navistar MV607 CONVERSION: 16495-T9 164-172 x 95 Med Duty Mod MV607 International BASE: 16495-T9B 164-172 x 95 T-9 Base 430OLP 08/20/2020 Pae 1 PART NO S DESCRIPTIONQTY ************1311)STANDARDS***********- 15.012 01/30/20== 1 00-00-0107 1--Order Date: Post July 1, 2019 1 00-00-0113 < 1--Ambulance Built to Star Of Life KKK-A-1 882-F Certification, Latest Revision 1 Exceptions to be noted on final sticker. 00-10-0015 Vehicle Quantity (Vehicles) 1 00-91-0002 BODY NUMBER: 1 00-91-0005 1--MICKEY BODY DUE DATE : 1 00-91-0003 CHASSIS VIN NUMBER: 1 00-91-0024 ACCOUNT MANAGER:Mikael Blevins 1 00-91-0027 S REFERENCE UNIT#: 17ML 20173 1 00-91-0028 S RE-WRITE DATE: 2-10-20 1 00-91-0040 SEAT BELT POSITIONS MODS 1 00-91-0042 1--CAB SEAT BELT MOD: 1 00-91-0044 1--Total: 2 Positions 1 00-91-0050 1-- REAR SEAT BELT MOD: 1 00-91-0052 1-- Total:3 Positions 1 00-99-9000 Revision Level: 0-Zero-ORIGINAL VERSION 1 00-99-9030 Change Order Level: 0-Zero-ORIGINAL VERSION 1 S ==BOYNTON BEACH EIRE RESCUE IN ERNA ION TYPE 1 1 01-1 N-0000 Type I Medium Duty Modular Ambulance 1 01-AQ-E46D S < 2021 Infemationai MV607 SBA LP, 19.5 Tires 4-OR CUSTOMER SUPPLIED 1 2021 International 4300 LP 4 Door cab 01-IN-MIR3 I--Side Mirrors: OEM Aero Pedestal, Power Adjust, Heated w Turn signals Chrome 1 01-IN-PDLS I--Cab Door Locks Only 1 01-IN-RS01 < I-- Rear Suspension: International Ride Optimized Susp(IROS), 12,000# 1 Make sure OEM Filter is installed on SV1 Valve. Page 436 of 1299 08/20/2020 Pa e 2 PART NO S DESCRIPTIONQTY *NOTE: If Oxygen Lift is installed, then if the 02 Cmpt Door is open, the air suspension will not dump until door is closed* 01-IN-RST1 S < ..-DUMP 6P ACTI ATICN:Manually Activated With Momentary Switch on Pear 1 of Bench The vehicle shall NOT Kneel (DUMP)with the vehicle in GEAR. NOTE: Dump Manually Activated with the Momentary Switch on Curbside Wall., Beside Rear Entry Door. Dump Automatically Raises When Vehicle is Started and Rear Entry Doors are Closed. 01-IN-TIRS I--Spare Tire: NONE 1 01-TU-0100 I--Jack and Tire Tools: None 1 01-IN-WHM9 I--Centers& Lug Nut Covers for OEM Alum Wheel Front smooth 4 spline 30MM 8 lug 1 01-IN-WHMV I--Centers& Lug Nut Covers for OEM Rear Alum Wheels 6.25 HUG, 8 lug 30mm 1 _= 164-172 x 95 Med Duty Mod MV607 International- 15.012 01130120== 1 BODY Generation 9 1 01_X0_0001 < I-- Body Certification Provided to Specification 1 The Body Manufacturing group certifies that this Ambulance Modular body has been constructed of materials and methods that meet or exceed the standards as required by the AEV Generation 9 Body Specification of December 11th, 2018 as published. The body shall be built and constructed to the submitted work order and the AEV Generation 9 build standards without exception. Any Deviations to the work order or Generation 9 build standards must have written authorization prior to body delivery to AEV by the AEV Body Engineer on file. 02-00-0002 XS < I--Body Build Information 1 Body Number; Account Manager; Mikael Blevins Chassis Type : 2021 International MV607 SBA LP, 19.5 Tires 4-DR Mickey Body Due Date; Rear Suspension: International Ride Optimized Susp (IROS), 12,000# 02-00-0003 < 1--ALL DIMENSIONS ON ORDER WILL HAVE A VARIABLE OF + OR- 1/4" 1 Unless specified as a minimum dimension. 02-B24M82 S Body, Mod:Med Duty,, 170"x 6"x 74"interior HP- 6"Body Drop Navistar 1 02-00-0006 S '—Headroom: 76174"Finished Interior-DuctedAIC 1 02-00-0060 1-- Compartment and Entry door Full length Stainless Steel Hinges std 1 02-00-0050 S < I—Perko Air Vent:Exterior, Used for Venting NOTE: (1) Installed on M1 Door for 02 Venting, (1) Installed Above M7 For Exhaust Vent and (1) Installed on Right Rear for Exhaust Vent. (See Drawing) 02-BO-CC01 < I-- Compartment Construction:STANDARD, Unless Specified Otherwise 1 Sides and Back: .100 Polished Aluminum Diamond Plate Compartment Ceiling: .090 Aluminum Sheet 02-BO-SFLO < I-- Compt Floors:Sweep-out, even with bottom doorjamb 1 Unless Specified Otherwise. 02-BO-CC41 I-- Compartment floor thickness.125"standard 1 02-BO-CC18 -- Compartment Ventilation-Flap style#VT-2495-A01, STD 1 02-BO-CEXB S Curbside Entry boor(CSE): 84.812"H x 31.0"Wx w/6"drops WlBlack boor `f Handle 02-BO-09B2 I-- CIS Door Check:Double Action Gas Shock 1 04-EA-0961 I--Door Swing Angle:Set to 90-100 degrees 1 02-BO-CESL I-- Curbside Entry Door(CSE)Location:Standard, Rearward of M-7 Compt if 1 Optioned ZZ-ZZ-ZZZZ 1-- 1 02-B1-SWM1 S < I--Step Well, CURB Entry,2-Step DP, Elon for(2) QR-D-2 Med Duty Chassis 1 MTB NOTE: CCS Step Well Will be Elongated Rearward of CSE Door for (3) Portable "D" 02 Storage Bottles (See Custom Drawing) Page 437 of 1299 08/20/2020 Pa e 3 PART NO S DESCRIPTIONQTY 05•IL-095Z < --ILOS Lt, Step Well:3"Kin#4302S LED stainless steel surface mount 1 housing Light shall come on with CS door only. LITE-K4302 a 05-I -09XA < I--TATS Light, Step Well:3"Kinequip#430204S, Chrome, LED 1 KinegUip No 4302045. Light shall come on with CS door only. 02-BC-0602 S '..,. Talk through DELETE,E, Solid Back Wall No Opening 1 02-BC-0700 < I-- Cab Roof Support:3116"x 3"Steel Plate, Per Engineering Drawing 1 Between cab headliner and bottom side of cab roof to prevent oil canning. 02-BD-0120 --Body Drop:6"Both Sides,Ahead of Rear Wheels 1 02-Ml-M600 --M-6 Compt(RRFwd):Delete 1 02-M1-M678 S < .. -4 Compt(Tailboard)a13.25"H x 37" Wx 24"O(4) SCBA Bottles W1 Black 1 Handle MICKEY DY NOTE: MAKE AND SHIP WITH BODY A WINE FLACK STYLE BOTTLE HOLDER TO HOLD (4) BOTTLES. PER STEVERING DRAWING. (1 -4—COL PT—.O ` TON—. ACH NOTE: FLACK TO BE BOLTED IN COMPARTMENT NOT WELDED IN. 02-BO-CCO2 < I-- Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 Polished Alurninurn Diamond Plate Compartment Ceiling: .090 AlUminUM Sheet 02-BO-CC08 -- Compartment Door Panel:Diamond Plate 1 12-DC-GA10 -- Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL -- Compt Floor.Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 -- Compartment floor thickness.125"standard 1 02-BC-10AO S Compartment Door: SINGLE LOOP, 1-point Latch, Hinged BOTTOM 1 09-ZZ-= -- 1 02-X1-M15B S '..,. -1 Compt(LF): 72 HP, 69.5"H x 25" W x 21"O WlBlack Handle 1 02-BO-CCO2 < I-- Compartment Construction:STANDARD Diamond Plate 1 Sides and Back: .100 Polished AlUminUm Diamond Plate Compartment Ceiling: .090 Alurninurn Sheet 02-BO-CC08 -- Compartment Door Panel:Diamond Plate 1 12-DC-GA10 -- Compartment Finish:Diamond Plate Standard 1 02-BO-CC42 < I-- Compartment floor thickness.25"ILOS (Heavy Duty) 1 MTB to increase compartment floor thickness to .25 inch smooth alUminUM. 02-BO-FAN4 S < I— Compt Floor.Pan Down 4" 1 NOTE: Compartment Floor Pari Down 4" Forward and oaf Divider for BIB Storage 02-BC-10A5 -- Compartment Door.SINGLE DOOR, Forward hinged 2-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-09B2 I--Door Swing Angle:Set to 110-120 degrees 1 04-TS-0037 --Storage in Oxygen compartment Requested Exception to KKK-F 1 Specifications 04-TS-1400 S < . X61 Divider, Vertical, Full compartment height, Full Death alum, Fixed 1 NOTE: Install Divider as Close to Oxygen Lift as Passible 11-YZ-0903 I--Non-Compliant to 3.11.3 KKK-F Storage in Oxygen Compartments Notice 1 ll-ZZ-0904 < I-- CAAS Exception C.11.3.9 Storage in an Oxygen Compartment 1 an exception to CAAS GV a 1.0 is taken for the following condition. Ubpar"t 9. The oxygen storage area shall be configured and Used only for the main oxygen cylinder and associated plumbing. 04-TS-STR1 S < I--Strap:2" Webb Seatbelt buckle chrome footman loops 1 This strap is to secure things frons moving while the vehicle is in motion. NOTE: Locate Strap From all #1 to Fixed Divider With Footman Loops Mounted Just From Door Jamb on Wall #1 and Footman Loops on Divider Mounted on Side Page 438 of 1299 08/20/2020 Pa 4 PART NO S DESCRIPTION CITY Toward Wall #3. 04-TS-STR2 1—2"Footman Loops:Locate back from jamb 1 05-EL-4M18 S < I—Light, Compartment. Maxxima LED 18", EA,ILOS 1 MTB Note: No light hole required NOTE: Light Mounted on Ceiling Near Door Jamb 08-Bl-02L2 S < I— Compartment M1 Wall Prep For 02 Lift 1 Build out back wall to '14" deep Forward of Divider Final compartment interior Dimension wall to wall minimum must be 18 5/8" minimum. 09-ZZ-= 1-- 1 02-X1-M1AH S I—M-1a Compt(LF Upper): 72 it 17.56"H x 25" Wx 21"D W1 Black Handle 1 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 PolishedAlurninurn Diamond Plate Compartment Ceiling: .090 AlUminUM Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 1 12-DC-GA10 Compartment Finish:Diamond Plate Standard 1 02-BO-CC16 Compartment Door Ventilation-small punched half moon Louvered Door 1 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 I— Compartment floor thickness.125"standard 1 02-BC-10A0 Compartment Door. SINGLE DOOR, 1-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-0981 I--Door Swing Angle:Set to 90-100 degrees 1 05-EL-4M18 S < I—Light, Compartment. Maxxima LED 18", EA,ILOS 1 MTB Note: No light hole required NOTE: Light Mounted on Ceiling Near Door Jamb 12-ZZ-= 1-- 1 02-X1-M27H S < 1--M-2 Compt(LFM):42.7"H x 26.75" Wx 21"DWI Black Handle 1 NOTE: M2 compartment to have fixed divider for stair chair storage and (3) adjustable shelves to the right of the fixed divider. 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 PolishedAlurninurn Diamond Plate Compartment Ceiling: .090 AlUminUM Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 1 12-DC-GA10 Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 -- Compartment floor thickness.125"standard 1 02-Bl-BION Bio-Waste None; 1 02-BC-10A0 Compartment Door. SINGLE DOOR, 1-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-0981 I--Door Swing Angle:Set to 90-100 degrees 1 04-TS-1200 S < l-M-2 Shelves (3),Adjustable, Ext:.12 x Aluminum, Partial Width 2"lips 1 upward NOTE: Adjustable shelves to be from Fixed divider to all #3 04-TS-4010 I—Shelf Bracket. CPI 90 Deg with Slotted Holes 1 04-TS-1400 S < I—Divider, Vertical, Full compartment height, alum, Fixed 1 NOTE: Fixed Divider will be Mounted to Allow for Stair Chair Storage to the Left of Divider. 04-TS-STR3 S < I—Strap:2" Webb, wl Chrome Metal Seatbelt buckle w footman loops TATS 1 This strap is to secure things from moving while the vehicle is in motion, and is not designed to be a crash stable securing device. NOTE: Locate Strap From all#1 to Fixed Divider Page 439 of 1299 08/20/2020 Pa 5 PART NO S DESCRIPTION QTY 04-TS-STR2 1—2"Footman Loops:Locate back from jamb 1 05-EL-4M36 S < I—Light, Compartment: (2)Maxxima LED 36", EA, ILOS 2 MTB Note: No light hole required NOTE: Mount One Light on all #1 Near Door Jamb and Mount One Light on all #3 Near Door Jamb. I 05-HB-1310 XS < I— Condenser, 12V. Pro-Air Dual Fan, FRKG 126 Front of Body over Cab 1 60,000 BTU 04-HA-1310 < I—ARCTIC WEDGE Front of Body, no pre-drilled light holes 1 part #WEDGE-HVAC >>> No Pre-drilled light holes. Use of the wedge is subject to engineering review and approval for Light duty Type III models. A reduction in light sizing above the wedge may be required. 04-HA-1360 I—No warning lights installed on Artic Wedge, Brand Sticker Not Required 1 12-BO-0004 I—Painted Part-Painted Special color to match Body 1 06-RR-13ZO I—Standard Conduit. 1-112"", with pull wire 1 06-RR-1304 S I— CONDUIT ORIGINATION POINT. M-1A compartment 1 06-RR-13T3 I— CONDUIT TERMINATION POINT. Behind AIA Board(Panel) 1 06-RR-13Z1 Conduit#2 1-112""diameter, with pull wire, Type 1 units Std 1 06-RR-1301 I— CONDUIT ORIGINATION POINT. Electrical Circuit board cabinet 1 06-RR-13T2 I— CONDUIT TERMINATION POINT. Behind Driver's seat 1 09-ZZ-= 1 02-X1-M37J S I—M-3 Compt(LR):45"H x 52.375" Wx 21"D w Black Handle 1 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 1 Sides and Pack; .100 Polished Alurninurn Diamond Plate Compartment Ceiling: .090 AlUminUrn Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 1 12-DC-GA10 Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 -- Compartment floor thickness.125"standard 1 02-BC-1000 S < I— Compartment Doors:DOUBLE DOORS, ILOS single 1 NOTE: Set Rear(Trailing) Door to Open as Far As Possible and Front (Leading) Door Set at 90 Degrees so the 12.5 Door will Open and Not Hit. 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-0981 I--Door Swing Angle:Set to 90-100 degrees 1 04-TS-11BO I--Shelf,Adjustable, Ext. .125 Aluminum, 2" Upward Lips 1 04-TS-4010 I—Shelf Bracket. CPI 90 Deg with Slotted Holes 1 05-EL-4M36 S < lLight, Compartment: (2)Maxxima LED 36", EA, ILOS 2 MTB Note: No light hole required NOTE: Mount One Light on all #1 Near Door Jamb and Mount One Light on all #3 Near Door Jamb. 09-ZZ-= 1-- 1 02-X1-M57H S M-5 Compt(RR): 72 HR, 29.5"'H x 52.375"' W x 21.0"'I0 W1 Black Handle 2 02-BO-CCO2 < I— Compartment Construction:STANDARD Diamond Plate 2 Sides and Back: .100 Polished/aluminum Diamond Plate Compartment Ceiling: .090 Alurninurn Sheet 02-BO-CC08 Compartment Door Panel:Diamond Plate 2 12-DC-GA10 Compartment Finish:Diamond Plate Standard 2 02-BO-SWFL Compt Floor. Sweep-out, even with bottom doorjamb. 2 02-BO-CC41 I— Compartment floor thickness.125"standard 2 02-BC-1000 Compartment Doors:DOUBLE DOORS, ILOS single 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-09B2 I—Door Swing Angle:Set to 110-120 degrees 1 04-TS-11BO I--Shelf,Adjustable, Ext. .125 Aluminum, 2" Upward Lips 1 04-TS-4010 I—Shelf Bracket. CPI 90 Deg with Slotted Holes 1 05-EL-4M18 S < lLight, Compartment: (2)Maxxima LED 18", EA, ILOS 2 MTB Note: No light hole required Page 440 of 1299 08/20/2020 Pa e 6 PART NO S DESCRIPTIONQTY NOTE: Mount One Light on Wall #1 Near Door Jamb and Mount One Light on Wall #3 Near Door Jamb. 09-ZZ-= 1-- 2 02-X1-M77H S '-- 6-7 Compt IRF): 72"H x 23.75" Wx 21.0"O W1 Black Handle 1 02-BC-10A5 -- Compartment Door:SINGLE DOOR, Forward hinged 2-point Latch 1 02-BO-09BO I— Compt Door Check:Double Action Gas Shock 1 04-EA-09B2 I--Door Swing Angle:Set to 110-120 degrees 1 04-TS-HOOZ S I—Hooks (3), Equipment, Fastenal Powe Hook, installed 3 ZZ-ZZ-ZZ01 S < I—Location:Lower Section of M7 Compartment(2)on Wall#2 and(1) on Wall#3 NOTE: Install (2) hooks on Wall #2 Evenly Spaced Approx. 3" down to top of Hook and (1) Hook on Wall #3 Centered Approx. 3" Down to top of Hook. (See Photo on File) 05-EL-4M36 S < I--Light, Compartment:Maxxima LED 36", EA,ILOS 1 MT. Note: No light hole required NOTE: Ught Mounted on Wall #3 of M7 Compartment near door jamb. 12-ZZ-= 1-- 1 02-X1-M84H S '—- -2.5 Compt(LWW): 11.25"H x 41.75" Wx 21"O WlBlack Handle 1 02-BO-0005 S < I--Door Strap &Foot man loops Kit per module body door 2 (2) STRA-DOOR Door strap kit for Seat belt style door strap, installed with Footman loops. This strap is to protect against overload of door gas strut assembly. (1)foot man loop in each end of the strap mounted to the door and the module. NOTE: Install (2) Cab Door Straps on M2.5 Compartment Door IAT Rubber Bumpers to Help Hold Door Open. Install Footman Loops 8" From Wall #1 to Footman Loop and 8" From all#3 to Footman Loop. 02-BO-CCO2 < I-- Compartment Construction:STANDARD Diamond Plate 1 Sides acrd Back: .100 Polished AlUminUm Diamond Plate Compartment Ceiling: .090 Alurninurn Sheet 02-BO-CC08 -- Compartment Door Panel:Diamond Plate 1 12-DC-GA10 -- Compartment Finish:Diamond Plate Standard 1 02-BO-SWFL -- Compt Floor:Sweep-out, even with bottom doorjamb. 1 02-BO-CC41 I-- Compartment floor thickness.125"standard 1 02-BC-10AO S '-_Door, Compt, SINGLE DOOR, 1-pt Latch, Hinge Bottom 1 05-EL-40M8 S -Light, Compt, M-2.5:NONE 1 ZZ-ZZ-ZZZZ -- 1 02-X1-RAOH < I--Rear Access Doors:46.75" Wide x 60.625"High W/Tri-mark 030-1875 Black 1 Handles FiA D-32326-02,32327-02 ZZ-zz-ZZZZ 1-- 1 WELDING -CELL 1 1 04-AS-1800 --Stainless Steel-Sill protection:For the following compartments 1 04-AS-18MO < I—M-1A:Left Front Compartment-Single Bend 1 REV to fabricate 04-AS-18M1 I--M-1:Left Front Compartment-Single Bend 1 04-AS-18M2 --M-2:Left Front Middle Compartment-Single Bend 1 04-AS-18M3 --M-3:Left Rear Compartment-Single Bend 1 04-AS-18M5 --M-5:Right Rear Compartment-Single Bend 1 04-AS-18M7 --M-7:Right Front Compartment-Single Bend 1 04-EA-PLAD S < 1--(4)Placard Holder, 12"x 12", with Placards Top Load,Aluminum "U" Trim 1 style Painted smooth placard inserts. REV to cut (4) 12" x 12" aluminum smooth insert sheet placards and paint job color of the body. Welded plate with drip rail edge placard holder style Page 441 of 1299 08/20/2020 Pa e 7 PART NO S DESCRIPTIONQTY SHIP LOOSE 12-BO-0004 --Painted Part-Painted Special color to match Body 4 ZZ-ZZ-ZZZZ -- 1 04-BP-L964 BODY PROTECTION AND TRIM PACKAGE: 43/4400 LP MV-607 1 04-AS-0370 I--Wire/Hose Cover : Diamond Plate, Between Cab&Module 1 04-BA-0203 S < I-a Batt Box Cinder Cab, Passenger Side Crew Cab MZ Molds Up to ( ) Grp 31 1 Batteries For MV607 Navistar Four Door(4300/4400 previous) Please request Engineering drawing, send to Specials request with account manager NOTE: Batteries Located on Passenger Side of Cab Below Rear Cab Door. Install a Custom Diamond Plate Spacer On Top of Battery Box to Fill In Gap (Reference 17ML 20173) NOTE: Install an Intermediate Step 12" Long With Bar Grate used for Easier Entry/Exit Into Rear of Cab on Driver and Passenger Side. NOTE: Have Vendor Leave the Upper Step Off of Passenger Side Battery Box and AEV will Install so Both Steps Will be Same Height From Bottom Step 04-BW-0032 S < I—Fuel Tank Cover. 60 Callon Fuel Tank Diamond Plate, Driver Side Crew Cab 1 /2 NOTE: Install an Intermediate Step With Bar Grate for Easier Entry/Exit Into Front Cab on Driver and Passenger Side. Driver Side Intermediate Step Will be 12" Long Due to OEM Fuel Tank Straps and Passenger Side Will be 12"Wide. The Intermediate Steps Will be Mounted Lower Than Standard Location to Minimize Distance Between Steps for Easier Entry/Exit(Reference 17ML 20173) NOTE: There will be no Drawer on Driver Side. 04-BW-ABME S < I--Bumper, Rear:Medium Duty Hd Framed w/DP pontoon covers 1 MICKEY BODY NOTE: See Steve Ring Drawing (2-I NCH_BU M PER_FRAM E_BOYNTON) 04-BW-FLMD S < I—Step, Center. 2"x 9" Grip strut, Fixed Position 1 NOTE: Center Step to be Fixed and Make Sure Power Cot Legs Will Clear Step When Lowered 04-BW-FRBO I--Step, Bus Style: None 1 04-EA-1300 < I--Dock Bumpers:Rubber 2 1/4"H x 16" W x 2" Thick 1 Part No: BUMP-02A 04g -A02 -- Wheel Size: 19.5"(Must match what is on chassis) 1 04-BW-AF20 --Fenders, Rear:Polished Aluminum, Medium Duty 1 04-BW-DP51 S < --Skirt Rails:Polished C-Channel Skirt rails-Measure to unit ILOS 1 RAIL.-EONS NOTE: Install Black Reflective Stripe In "C" Channel Skirt Rails 04-BW-DP92 < I--Corner Caps: 24.0" High,Alum Diamond Plate 1 If there is a body drop, add the appropriate height to Corner Caps. 04-BW-DP93 < I-- Front Stone Guards: 24.0" High, Alum Diamond Plate 1 If there is a body drop, add the appropriate height to Stone Guards. 04-BW-DP94 -- Rear Kick Plate: Polished Aluminum Diamond Plate 1 04-AS-0500 < I--Holder, License Plate, CPI C30002, Recessed choice of lights 1 Delete standard Tang cut out. HOLD-12C 04-AS-0522 XS -Location: Offset to Driver Side Due to M4 Compartment 1 Page 442 of 1299 08/20/2020 Pa 8 PART • S DESCRIPTION • 05-EL-44TN Tag Light. Kinequip LED#132703C 1 04-DE-0010 Rear Deflector: NONE 1 05-EL-SKV6 S < (4) CAB LED Strip Lights, Pell hate 12"FATS 2 NOTE: Mount Red On TOP and Clear on Bottom NOTE: Install (4) Strip Lights, (2) on Each Side of Cab on Bottom Step Below Each Cab Entry Door. (See Drawing) 05-EL-SLJB S < I—LED CAB Ground Lights:(4)Kinequip White 12"-LED lights, LATS 2 Mounted under cab steps (2)each side for each cab door. 05-EL-SLGY S < I—LED Ground Lights Switched: 2 The underbody lights work off a switch in the console or with any cab door. Lights stay on for 30 seconds after all doors are closed. 04-EA-0A6 S < (4)Rear Door Hold Opens:5 112"Grabber Style, Top/Bottom each door 1 Part No: HOLD-16A (2) NOTE: make sure rear tilt out windows do not hit body when doors are open. 04-EA-1120 Mud Flaps Front: NONE 1 04-EA-1133 Mud Flaps Rear: Modular, Rubber, Medium Duty units AEV LOGO 1 EXTERIOR LIGHTING/ HEAT/AC/INSULATION -CELL 2 1 05-EL-1800 CORNER CAP LED ICC/WARNING LIGHTS 1 05-EL-18FO I Front Corner Cap LED ICC/Warning Lights: Warnings RED/WHITE 1 05-EL-18F1 S < I--Front Center ICC Lights: (5) On OEM Cab Roof 1 Switch w/Headlights. 05-EL-18R5 I Rear Corner Cap LED ICC/Warning Lights: Warnings RED/AMBER 1 05-EL-18R3 < I--Rear ICC Lts:(3)RED Weldon LED No 9186-1500R 1 Switch w/Headlights 05-EL-18RK I--Rear ICC Lt Guards:(3)Across Rear 1 06-SW-CC01 ICC Warning Lights Switched: Primary Only 1 05-EL-2502 LED Lights, Patient on Board, Exterior 1 05-EL-2524 S < I—Amber LED POB Light, Each 2 NOTE: Install Lights on Bottorn of Exterior Outer Corner of M3 Rear (Trailing) Door and M5 Rear(Trailing) Door. (See Drawing) 05-EL-2564 I--Lights Switched with Entry Door Switch 1 05-EL-2504 LED Lights, Door Panel Warning, Interior 1 05-EL-2524 S < I—Amber LED POB Light, Each 8 NOTE: Lights Installed on Interior Door Panel on the Lower Outer Corner of the Ml Door Panel, M2 Door Panel, M3 Leading (Front ) Door Panel, M5 Leading (Front Door Panel) M7 Door Panel, C/S Entry Door Panel and Both Rear Entry Door Panels. 05-EL-2564 I--Lights Switched with Entry Door Switch 1 05-EL-2312 S < Tail Lights, Whelen LED Combinations, ILOS, Non FORD chassis 1 Stack Lights Top to Bottom: Turn Signals Backup Lights Brake/Taillights 05-EL-35A6 < I—Side Marker Lts:(2) Whelen M6 LED Red Running/Turn,ILOS 1 Running to be wired as Tail and Turn to be wired as Stop. These are to both have flanges. 05-PH-LF20 I—M6 Series Flange, Chrome Plated, Std:Each 2 05-EL-2414 Whelen M6 Series, Tail Lights 1 05-EL-2420 Stop/Tail, Whelen M6 Series, LED, Pair 1 05-EL-2426 Turn, Whelen M6 Series, LED, Pair 1 05-EL-2432 Back up, Whelen M6 Series, LED, Pair 1 05-PH-LF24 M6 Series Flange, Chrome Plated, Std: Three Pair 1 Page 443 of 1299 08/20/2020 Pa e 9 PART NO S DESCRIPTIONCITY 06-EC-4326 --Note:Standard Back-up Alarm Installed 1 06-EC-4331 I--Access Panel:NONE Required 1 05-EL-4300 Patient Area Turn and Stop Light Indicator: None 1 05-E -4 D Third(3rd)Brake Light.NONE 1 05-EL-4584 SCENE/FLOOD LIGHTS (LED-M9 Series) 1 05-EL-45L4 < I--Left Scene Lights:(2)LED-M9, Chrome Flange Whelen Chrome Flange provided with purchase of Light. 05-EL-0224 --Flanges:Above M9 Scene lights,Incorporated into lights 1 06-EL-18LF S < --Left Flood Activate:Left Flood Switch 1 Activate: (1)Switch in Front Switch Panel for Each Side Street Side Fear Scene Light to Activate When the Vehicle is in Reverse 05-EL-45T4 < I--Right Scene Lights:(2)LED-M9, Chrome flange Whelen 1 Chrome Flange provided with purchase of Light. 05-EL-0224 --Flanges:Above M9 Scene lights,Incorporated into lights 1 06-EL-18RT S < --Right Flood Activate:Right Flood Switch and open CSE Door 1 Curbside Rear Scene Light to Activate When the Vehicle Is in Reverse and CSE Door Open. 05-EL-46R4 < I--Rear Load Lights:(2)LED-M9, Chrome flange Whelen 1 Chrome Flange provided with purchase of Light. 05-EL-0224 --Flanges:Above M9 Scene lights,Incorporated into lights 1 06-EL-18RE --Activate:Rear Flood Switch, Reverse and Lead RA Door 1 0 -E -1800 --Add Activation:Rearward Left and Right scene lights. come on w/Reverse 1 06-EL-1800 X < ..,.Add Activation:Side Scene Lights to Work With Corresponding 1 Compartment Door NOTE: Additional Activation for Scene Lights to Work With Corresponding Compartment doors on Side and Will be Battery Switch Timer Hot. HEAT AND A/C 1 05-HA-2005 -- Patient Ventilation System:4 inch Power Intake, 4 inch Power Exhaust STD 1 05-HB-1001 S < 1--AC(HVAC)SYS:ProAir HotWeathPkg, Ducted- Vertical, Navistar/Kenworth 1 Mounted Behind the Attendant Seat Base Facing Fear of Truck 05-HA-0800 < I--Activ Tek induct 500-12V UV light with Ozone 1 System is to be installed in return airt Cabinet. Must be servicable, but not visible to EMT. >>Annual replacement of the IJV bulb is required 05-HA-1005 --AC COMPRESSOR:Secondary OEM engine compressor 1 05-HA-1306 --A/C Condenser.See M2 Cmpt for Condenser Information 1 05-HA-14RO < --Hella Relay Connector.Installed 1 (1) CAPS-HELLA ('1) PLUG-HEL.L.A 05-HB-14PC --AC Evaporator.Pro-Air(AC/Heat unit) w/dual fans-STD vertical 941 1 05-HA-1404 --Heater Hoses:EPDM-Nomex Rubber(per Ford QVM) 1 05-HA-14B5 --FILTER: Washable Carbon Pre-Filter 1 05-HA-14D1 < --Ducted A/C Delivery.Insulted foil wrap, 10 registers 1 8 registers in ceiling; 2 registers on A/C Cabinet face. 10-HA-0304 < I-- Thermostat, Rear A/C, Digital, Class 1 LX-1, Includes Front Also `f Thermostat located in A/A 05-HA-0603 < Roof Top AC: Coleman Roughneck Mach 8 15,000 BTU w/Heat Strip Ultra low 1 -White This unit will add 8.25"to the vehicle clearance height. Separate thermostat per each cooling unit Page 444 of 1299 08/20/2020 Paae--1 0 PART NO S DESCRIPTION QTY 05-HA-0630 < Roof Top AC Drain Pan Kit and hose 1 Install Dornefic Drain pan kit to underside of AC unit prior to installation, Connect to 1/2" ID hose that runs inside the module tubes, through wall and Out bottom of module. lnstalV kazoo valve on end of hose to prevent bug intrusion. Dornetic part 3107688.016 auxiliary drain pan kit 05-HA-0642 S < I--Roof Top AC Cover. Expanded Metal 1 This unit will add to the vehicle clearance height. 05-HA-0646 < I--Roof Top AC Cover Paint. 1 This unit will add 13 1/4"to the vehicle clearance height. 12-B0-0004 I--Painted Part-Painted Special color to match Body 1 05-IL-0057 CEILING PANELS : ACM Gloss White-Medium Duty 1 05-IL-0135 S < I--Dome Lts, LED K15:Kinequip, (4)Streetside, (4) Curbside 1 NOTE: (1) Button/Icon In the Rear Switch Panel for All Dome Lights With Switch High/Low/Off 06-EC-0900 S < I-- Timer, Spring wound Constant Hot, Check out, 15 Minute 1 Located on curbside wall at head of squad bench. NOTE: This is an additional timer installed on C/S wall beside C/S Entry Door. 06-EC-09P2 S Timer to Power. All DOMES, High intensity 1 ZZ-ZZ-ZZZZ 1-- 1 05-IL-05T1 Timer, Constant Hot, Check out, Class 1 Multiplex System 1 Activated with opening of either C/S or Rear Entry Doors. 06-EC-0910 < 1--5 Minute Activation 1 Light Circuit to stay on for 5 minutes when entry door is opened. 06-EC-09P2 S < I-- Timer to Power. All DOMFS, High intensity 1 NOTE: Tinier to Also Control Additional Ught Above Electrical Cabinet ZZ-ZZ-ZZZZ 1-- 1 09-MH-0801 IV Hook No 1: CPI Rubber IV 2008-1(Recessed Mount),ILOS 1 29-MH-1000 I--LOCATION: Over head/chest area,primary patient on COT 1 09-MH-0802 IV Hook No 2: CPI Rubber IV 2008-1(Recessed Mount),ILOS 1 09-MH-08P2 LOCATION: Over head/chest area,secondary patient on SIB 1 ZZ-ZZ-ZZZZ 1-- 1 09-MH-08A3 IV Hook No 3:Hook 07 wl Velcro bag stabilizer-1A TS 1 09-MH-08P3 S < I--LOCATION:Install to Rear of Action Area Box on Back all 1 NOTE: Install hook on back wall of Action Area 91/2" off AIA box and 6" down from top cabinet. 09-MH-2AC6 < I--Recessed CIS Grab Rail, ceiling: 1.25 Dia..... 3 pt, 72in, Yellow Antimicrobial 1 Grab Rail will be recessed in a ABS pan. 09-MH-2ASS Streetside Grab Rail: None 1 Insulation PKG: Generation 9 body std. 1 05-IN-1STD < Insulation: Circumferential PKG, Reflective w/Air cell core 1 single layer reflectix 0 -i -3 TO < I--Blue Block foam ENTRY DOOR Insulated:2" Thick IATS 1 For all entry doors, the blue block foam insulation shall be fitted tightly against the structural members to maximize R-value effectively. Gap spacing round each cell within the structure grid and the block foam shall not exceed 1/2"with tolerance of quarter inch.. 05-IN-4ST9 < I--Insulation Sound Deadening: Generation 9 Floor 1 Generation 9 Floor Design Page 445 of 1299 08/20/2020 Pa a 11 PART NO S DESCRIPTIONQTY 05-IN-5STO -- nsu a ion: a s ei ing, i lona 1 0 -I -6SF < I--Stepwell Insulation:Urethane Froth Insulation, TATS 1 MTB to spray urethane froth insulation, underside of step well area. MTB option#7208738 05-LB-11 0 S < .. Front Light Bar: 72" Whelen LEO Freedom 1 SALES NOTE: GET Q/W CODE FOR LIGHT BAR SETUP Driver side cable exit included. Mounting feet on lightbar included. 72"Whelen LED Freedom Install on Cab Roof Super LED Colors: R/R/R/R/R/R/C/C/R/R/R/R/R/R Lens Color to be Clear (1)Switch in Front LX-1 Switch Panel NOTE: The Clear Lights Will Go Out in Secondary 05-FA- 41 < I--LB Mount: On Cab Roof 1 Reinforce between headliner for oil canning. See Engineering. 06-SW-0004 S -Switch Light bar: Switch in LX-1 Panel 1 ZZ-ZZ-ZZZZ -- 1 05-PA-LBOB -- Rear Light Bar: NONE 1 05-S M SERIES LED WARNING LT SYSTEM-43/4400 LTD 1 05-FS-0712 --Flasher:None,All M Series LED's Are Programmable 1 05-FS-10P4 --Flash Pattern:None,Internal Light Head Flasher 1 11-ZZ-0909 < I-- CAAS GVS Exception to C.8.2.12 Warning lights non-compliant to Table 1 1 dual mode The Warning lights pattern chosen by the Customer does not meet either the required photometric output flash or the pattern required of Table 1, Dual mode, Primary Secondary of CAAS 0.8.2.12. An exception has been taken for only this element to the standard. 06-SW-PS01 -- Warning Light SWITCH:center console, Primary/Secondary 1 11-ZZ-0909 < -- CARS GVS Exception to C.8.2.12 Warning lights non-compliant to Table 1 1 dual mode The Warning lights pattern chosen by the Customer does not meet either the required photometric output flash or the pattern required of Table '1, Dual mode, Primary Secondary of CAAS 0.8.2.12. An exception has been taken for only this element to the standard. 05-PM-LC50 S < 1--(2) Grille Lights: Whelen M7 Series, LED 1 NOTE: Grille Lights to be Installed as: (2)On LowerGrille: (1)To Far Left and (1)to Far Right (2)On Upper Grille: (1)To Far Let and (1)to Far Right NOTE: Flash in "X" Pattern 05-PM-L150 S ' -(2)Additional Grille Lights: Whalen M7 Series, LED 1 05-PH-LF22 --M7 Series Flange, Chrome Plated, Std:Each 2 05-PM-LR24 --LED M7 Red-Pair 1 05-p -IRA --Light, Whelen LED M7 Red LED/Clear Lens-Programmable 2 05-PL-LY04 --LED Color for Above M7 LED:RED 2 05-PM-LV10 --Lens Color:Clear 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LN20 --Flanges, Chrome:Grille Lights M7 1 05-PM-LR25 --LED M7 Red-Pair 1 05-p - RA --Light, Whelen LED M7 Red LED/RED Lens-Programmable 2 05-PL-LY04 --LED Color for Above M7 LED:RED 2 05-PM-LV20 --Lens Color:Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LE50 --(2)Intersection Lights: Whelen M7 Series, LED 1 05-PM-LN14 --Flanges, Chrome:Intersection M7 1 Page 446 of 1299 08/20/2020 Pa a 12 PART NO S DESCRIPTIONQTY 05.1 M6 LR32 --LED M7 Red/White Split-Pair 1 05-PM-LRC1 --Light, Whelen LED M7 Red/White LED/Clear Lens-Programmable 2 05-FS-1212 5 Programmable Lights Split Color 2 05-PL-LY12 --LED Color forAbove M7 LED:RED/WHITE 2 05-PM-LV10 --Lens Color. Clear 2 0 -FU- --DELETE(1) Center Front Warning Light 1 05-PH-LT25 --Light(s)are moved into the front light bar. 1 ZZ-ZZ-ZZZZ -- 1 05-PM-LG70 --(2) Outer Front Body Lights: Whelen M9 Series, LED 1 05-PH-LF12 --M9 Series Flange Chrome Plated, Std:Pair 1 05-PM-LS24 --LED M9 Red-Pair 1 05-F - RK5 Light. Whelen M9, LED, RED LED/RED Lens, Programmable ILOS 2 05-PL-LY54 --LED Color for Above M9 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LH70 --(4) Upper Side Body Lights: Whelen M9 Series, LED 1 05-PH-LF14 --M9 Series Flange, Chrome Plated, Std: Two Pair 1 05-PM-LS44 --LED M9 Red- Two Pair 1 05.1 M6 LR "5 --Light. Whelen M9, LED, RED LED/RED Lens, Programmable ILOS 4 05-PL-LY54 --LED Color for Above M9 LED:RED 4 05-PM-LV20 --Lens Color.Red 4 25-PH-LT84 --LED Lights:Programmable, Single Light 4 05P6 Ll50 5 < --(2)Rear Intersection Lights: Whelen M7 Series, LED 1 Locations: 1) Under M2.5 Compartment and 1) on C/S Same Height 05-PH-LF22 --M7 Series Flange, Chrome Plated, Std:Each 2 05-PM-LR24 --LED M7 Red-Pair 1 05-F - RAS --Light, Whelen LED M7 Red LED/RED Lens-Programmable 2 05-PL-LY04 --LED Color for Above M7 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LJ70 --(2) Outer Rear Body Lights: Whelen M9 Series, LED 1 05-PH-LF12 --M9 Series Flange Chrome Plated, Std:Pair 1 05-F - 26 --LED M9 Amber-Pair 1 05.1 M6 LR "9 --Light. Whelen M9, LED,AMBER LED/AMBER Lens, Programmable ILOS 2 05-PL-LY56 --LED Color for Above M9 LED:AMBER 2 05-PM-LV40 --Lens Color.Amber 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05.1 M6 L 80 --(4)Additional Rear Body Lights: Whelen M9 Series, LED 1 05-PH-LF14 --M9 Series Flange, Chrome Plated, Std: Two Pair 1 05P6LT07 --Light. Whelen M9, LED, RED LED/RED Lens, Programmable TATS 2 05-PH-LF10 --M9 Series Flange, Chrome Plated, Std. Each 2 05-PL-LY54 --LED Color for Above M9 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 25-PH-LT84 --LED Lights:Programmable, Single Light 2 05-PM-LT06 --Light. Whelen M9, LED, RED LED/RED Lens, Non-Programmable TATS 2 05-PH-LF10 --M9 Series Flange, Chrome Plated, Std. Each 2 05-PL-LY54 --LED Color for Above M9 LED:RED 2 05-PM-LV20 --Lens Color.Red 2 06-EL-2499 < --Brake Light Override: Wire into rear warning lights above 1 VndLsdes FL.AS-UL..F44 ('1) Flasher unit to flash lights during warning cycle. 06-EL-2501 I-- Override Function:During ALL modes of operation 1 05P6•LL70 --(1) Center Rear Body Light. Whelen M9 Series, LED 1 05-PH-LF10 --M9 Series Flange, Chrome Plated, Std. Each 1 05-PM-LS06 --LED M9 Amber-Each 1 05-F - RK9 --Light. Whelen M9, LED,AMBER LED/AMBER Lens, Programmable ILOS 1 05-PL-LY56 --LED Color for Above M9 LED:AMBER 1 05-PM-LV40 --Lens Color.Amber 1 25-PH-LT84 --LED Lights:Programmable, Single Light 1 05-ZZ-ZZZZ 1 5 < ELECTRICAL -CELL 3 1 Dump Manually Activated With the Momentary Switch on Curbside Wall, Beside Rear Entry Door. Dump Automatically Raises When Vehicle is Started and Rear Entry Doors are Closed. Page 447 of 1299 08/20/2020 Pa a 13 PART NO S DESCRIPTIONCITY Disable Auto Door Locks in Module (If Equipped) Air Tank Drain Lines Install (2) Pull Lines Under Cab Step to Drain Air Tanks Install Additional Low PSI Indicator Light for Rear Air Suspension in Cab LX-1 Switch Panel. 05-IL-12MP S < I-- Cali Ovhd Light. Grote 4"RFD LED For Compartment 'Open Light 1 NOTE: Install light in headliner center between driver and passenger seat for compartment door open lights 06-00-0005 S < I-- Customer Supplied Part(s) : Yes See account 1 1) One Radio head For Console 2) Radio Speaker to Mount in Console 07-00-0182 1-- Custom design wood console included in Order 1 06-00-0001 S < AUTOMATIC III IDLE WITH LX-1 SYSTEM 1 NOTE: HI IDLE WITH LX-1 SYSTEM AUTOMATICALLY WITH LOW VOLTAGE. (CHASSIS HAS TO HAVE THE HI IDLE OPTION FROM DEALER) 06-00-0001 X < PORTABLE E'QUIPME'NT CHARGING CIRCUIT' 1 INSTALL AND LABEL BEHIND THE REAR DRIVER EAT (1)20 AMP CIRCUIT BREAKER RUN POWER WIRES FORM UNDER FRONT CONSOLE TO: BEHIND REAR CAB EAT (1) CIRCUIT (POWER AND GROUND) TO FRONT CONSOLE LABEL ON BOTH ENDS "PORTABLE LE EQUIPMENT CHARGING CIRCUIT" (1) CIRCUIT (POWER AND GROUND) TO BEHIND REAR SWITCH PANEL. LA. LED ON BOTH ENDS "PORTABLE EQUIPMENT CHARGING CI CUIT" TO BE CONSTANT HOT 06-AA-0320 < I--Headlight Flasher Special switching 1 Dealer to add note and explain special switching requirement. Pricing is subject to change based on complexity of request. 06-AL-47SU Hand Held Spot Light: None 1 06-AL-49RO < I— CAB Spot Light: GoLight Stryker GO 3021,Halogen Black:Hardwired 200,000 1 CP Light is operated by Hard Wired control in cab 06-AL-5001 S < I— CAB Spot LightMount: Custom Spot Light Base 1 iT- POTLI T 12-BO-0004 I--Painted Part-Painted Special color to match Body 1 06-E'C-0800 S < Battery Switch &Auto-Battery Shut-down (Kill Circuit):5 Minute, Non-Ford 1 Cole Hersee Paddle style battery switch powers up and shuts down the CONVERSION only! Chassis related circuits shall remain wired in the O.E.M. configuration per Ford QVM Bulletin No 63. SWITCH LOCATION: Behind Drivers Seaton Floor With a Smoke Lexan Cover Over Battery Switch. With Face Plate LABEL NOTE: The Headlights and DOT lights Need to Cut OFF With Battery Timer. This Option Included on Chassis From Dealer. 06-FC-0564 POWER Door Locks:Module Doors-Full Mod 1 06-EC-0505 < I--Door Locks, Tied into OEM System 1 Module power locks are tied to the Chassis power lock system Page 448 of 1299 08/20/2020 Pa a 14 PART NO S DESCRIPTIONQTY 06-EC-0512 < -- OEM Key Fob:Included w/Chassis Unlock Mod Doors 1 Must also operate the Module Power Door Locks Optioned. 06-EC-05C9 --Door Lock Switches:Integrated in Interior Entry door Handles 06-EC-05K0 -- ONLY the following doors shall have power door locks: 1 06-EC-05L1 --Electric Door Lock:(M-1A) Upper Left Front Compartment, 1 06-EC-051141 --Electric Door Lock:(M-1)Left Front Compartment 1 06-EC-05M2 --Electric Door Lock:(M-2)Left Middle Compartment 1 06-EC-05M4 --Electric Door Lock:(M-3)Left Rear Compartment 1 06-EC-05M6 --Electric Door Lock:Rear Access Doors 1 06-EC-05M7 --Electric Door Lock:(M-5)Right Rear Compartment 1 06-EC-05N0 --Electric Door Lock: Curbside Access Door 1 06-EC-05N1 --Electric Door Lock:(M-7)Right Front Compt 1 06-EC-281X --Door Unlock Switch, Momentary, Exterior, hidden :NONE 1 06-EC-2800 < Door Unlock Switch, Momentary, Exterior, hidden 1 NOTE: Installation of Remote Door Lock Switch feature may increase likelihood of unauthorized entry into vehicle. By checking this option, purchaser further agrees to hold REV or chassis manufacturer harmless for any loss of vehicle or contents caused by unlawful access. 06-EC-0802 --Location:Front Grille/Bumper Area 1 ZZ-ZZ-ZZZZ 1-- 1 06-EC-4300 Back-up Alarm: Standard 102DB 1 06-EC-43BO I--Cut Off Switch: Auto reset ,momentary style 1 11-ZZ-0933 < I--CAAS GVS V2.0 Exception C.16.1 Reset of Back-up Alarm 1 Installation of a reset of a back-up alarm shall cause an exception to the GVS 2.0 Standard for C.16.1 for this instance when a vehicle is shifted into reverse. 06-EC-CBZ5 XS < Circuit Board, 12V.Multiplex LX1 Navistar/Terrastar 1 Includes the Following Items, please add to order: All the following need to be added as usual: Rear Digital Thermostat/Control for A/C, includes front also Door Open 5, minute check out timer for Domes Oxygen Contents Gauge front and back Silent Intercom Through LX-1 Panels (CUSTOMER REQUEST THAT DOMES COME ON EACH TIME VEHICLE POWER IS TURNED ON) 06-EC-1304 1--Voltage Monitor, LX-1, w/Warning Light 1 06-EC-2215 I-- LX-1 Standard Module door Open Alarm and Icon on Front Display 1 06-EC-31 FA I-- Back Up Camera:Adjustable ASA, Tied to LX-1 system White 1 06-EC- 1 ER I--LX-1 Right Turn Camera displays in front LX1 panel 1 06-EC-31J2 I--Right Turn Signal Camera:VCMS36RCM ASA, Chrome 1 06-EC-31142 < --Patient Area Camera:Federal CAMCCD Bullet Style(Grab rail Recess) 1 (1) CAMR-CAMCCD (1)ADAP-31100041 06-EC-3112 I-- Camera Mounted Toward:Rear(Faces Forward) 1 06-EC-CB07 I--Circuit Protection, 12V: FET-Auto-reset 1 06-EC-SPA7 I-- LX1 Main Switch Panel Location : 1 06-EC-SPA6 S < I--Switch Panel Mounted: Cab Console RAM Mount single straight arm 1 Straight ram arra 06-EC-SPZO I-- Patient Area LX1 Panel: 1 06-EC-SPZ1 I--Pt Area LX1 Switch Panel: One Standard In Patient Compartment 1 06-EC-SPAT I--Switch Panel Located: Streetside A/A 1 06-EC-SP70 I-- Patient area switch panel mounted :flat to action wall std 1 06-FS-1106 1--Sequencer, LX1,with load manager, 1 06-RR-NOX3 S < I-- CONSOLE,ALUMINUM SPEED LINE BLACK Four Door Cab :Navistar 1 Scribe fit to OEM Dash and cab floor. NOTE: Route Wires From Console to Behind Passenger Seat, Out of the Passenger Side of Console and Install a Metal Cover Over Wires With Cactus Mat Installed Over Metal Cover. Install Cover over Electrical Components in Cab Also. Page 449 of 1299 08/20/2020 Paae--1 5 PART NO S DESCRIPTION CITY NOTE: Custom Length Console With Switch Panel at Front, Then Siren, Then Radio Space, Then Intercom, Then Map Slots, Then Cup Holders in the rear for the Two Rear Seats. 05-IL-1210 S < I--Map Light. Hella Flex Shaft, 19", 12VDC Halogen White 1 NOTE: Install on Passenger Side Front of Console (See Photo on File) I 06-RR-23J4 S < I--Door/Comp Ajar Buzzer. Activate with Entry& Compt Door 1 NOTE: Activate Only When Truck is in Gear 07-RR-2301 I-- Customer Radio:Space for Customer installed Radio Heads 1 07-RR-24AO I--Console Finish: Black, Textured "Easy Grip" 1 07-RR-020N S 1—Add-on Console:ALUMINUM SPEED LINE BLACK Medium Duty console 1 07-RR-02A0 I--Drink Holder. (2)In Add-on Console, Big Gulp Size 2 07-RR-02A7 I--Drink Holder Location:Rear 2 07-RR-02F0 Note Book Slot. Single-Full width by 6"wide 1 07-RR-02F3 I--Double removable Lexan Divider(s) 1 07-RR-2301 Customer Radio:Space for Customer installed Radio Heads 1 07-RR-24A0 Console Finish:Black, Textured "Easy Grip" 1 07-ZZ-= 1 06-EC-GR01 Ground Straps, Module to Frame: (Qty 4) Braided 1 06-IA-0001 Converter , 125V to 12V: NONE 1 06-IG-0310 Inverter: Vanner 20-1050 CUL-DC-Full Mod 1 06-EC-03AS I--Portable Equip Charging Circuits:Included in Inverter 1 06-EC-03AA I--PREINIRE LOCATION:(1)Cab Console, (1)Behind AIA 1 06-EC-03C9 < I--Portable Equip Pwr Source:Ignition and/or Shoreline 1 Reference 3.7.7.2 and Figure 7 in KKK-A-1 822E 06-IG-03AO I--Battery Charger/Conditioner:55A -Built into Inverter 1 06-IG-0003 I--Built-in Battery Charger. Enable- Wire to Batteries 1 06-IG-04L7 --Inverter Location:M-1A (ULF) Compartment 1 06-MC-01AO S Engine Hour Meter. THrough LX-1 System 1 06-MC-0900 Low Voltage Indicator: Amber with Buzzer 1 COMMUNICATION RADIO(S) RELATED 1 06-00-0001 1-- 1 RADIO POWER 1 06-EC-03AO S < I--Radio Power No 1:30A, Pos and Neg, 10 awg Wires 1 MDT Gateway Power Source 06-EC-03BO I--Radio Power Source: Battery Switch Hot 1 06-EC-03.10 S < I--LOCATION:Inside Cab Center Console 1 NOTE: 6 Foot Lead in Front Console 06-EC-0302 S < I--Radio Power No 2:30A with Buss bar 1 NOTE: Install Lexan Cover Over Buss Bar 06-EC-03C1 I--Radio Power Source:Ignition Switch Hot 1 06-EC-03EO I--LOCATION:Behind Action Area Board 1 06-EC-03A3 Radio Power No 3:30A, Pos and Neg, 10 awg Wires 1 06-EC-03B0 Radio Power Source:Battery Switch Hot 1 06-EC-03.10 LOCATION:Inside Cab Center Console 1 06-EC-2751 S < Intercom, David& Clark System:Installed 1 David Clark Headset details: David Clark Master System U3800 with (2) U3815&(1) DC3690 The master and (2) of the U3815 to be in the cab and (1) DC3690 in the module location TBD AT PREBUILD David Clark Headset H3442 (quantity 4) Push to Talk Feature for All Headsets Page 450 of 1299 08/20/2020 Pa a 16 PART NO S DESCRIPTIONQTY ZZ-ZZ-ZZZZ -- 1 ANTENNA LEADS 1 06-PP-1710 < I—Antenna Base w/Coaxial Cable:KE794#1 1 MOUN-KE794 06-RR-1760 5 ..-Roof Location: OEM Cab Roof 1 06-RR-1772 < I-- Termination Point.Inside Center Console 1 MOUN-K794 06-PP-1100 5 < I. Radio Head and Speaker Customer Supplied prior to production, installed 1 NOTE: (1) Radio Head Installed in Console With Radio Speaker 06-RR-1809 1-- Patient Area Radio : None 1 06-EC-2700 5 < I--Intercom, Fire Research ICA100-A00 Two way cab to patient area 1 Install Master Unit in Front Console Install Remote(Hands Free operation)In A/A Install In-Line Noise Filter on Intercom Power Supply Parts: (1) Fire Research ICA100 Intercom System Part#ICA-100-A--KIT ICA Front Master With Volume and Push to Talk Controls, Mounts in Front Console Forward With Hands Free Mounts on A/A Wall (See Photo on File) Both Units are Surface Mounted Front and Rear Plastic Cases. ZZ-zz-ZZZZ 1-- 1 06-SO-0000 125V SHORE LINE AND OUTLETS 1 06-00-0001 1-- 1 06-SO-0907 < I--Shore Line Inlet.20A,125 VAC Kussmaul Super Auto Eject w Bargraph 1 Yellow cover Requires additional space behind interior cabinets for installation. 06-SO-OOL1 S < I—inlet location:Front of Driver Side of Box in Angled Housing 1 NOTE: The Shore Line Inlet Will be Located on the Forward Let Edge of the Module in a 45 Degree housings Install a Label to Identify the Inlet is for the Inverters The Height of the Inlet Cannot Exceed 56" From the Ground to the Top of the Shore Line Inlet. ZZ-zz-ZZZZ 1-- 1 06-SO-1000 S < I--Shore Line Inlet No 2:30A,Auto Eject,TATS 1 NOTE: For Roof Top A/C 06-SO-OOL1 5 ..-inlet location:Front of Driver Side of Box in Angled Housing 1 06-SO-1060 I-- Cover,RED, Shore Line Inlet:30A Super Auto Eject,ILOS 1 ZZ-zz-ZZZZ 1-- 1 06-SO-10TT < I--InpowerTimer. VCM-05-01SF,Installed 1 NOTE: This allows the auto eject to be wired to the ignition switch In lieu of splicing into the OEM starter circuit and is required any this vehicle ZZ-ZZ-ZZZZ 1-- 1 06-SO-1400 --**125 Volt OUTLETS" 1 06-SO-1401 < -- 125 VAC Outlet, No 1: 15A, Hospital Grade,IVORY 1 All 125 VAC outlets shall be back lighted when power is applied to the outlet. 06-SO-141_1 I--LOCATION: Action Area, standard location 1 06-SO-1402 I--Outlet mounting ORIENTATION: Vertical 1 06-SO-1402 1-- 125 VAC Outlet, No 2: 15A, Hospital Grade, IVORY 1 Page 451 of 1299 08/20/2020 Pa e 17 PART NO S DESCRIPTIONCITY 06-SO-14L3 SLOCATION:Behind Fridge, (See Drawing) 1 06-SO-1402 --Outlet mounting ORIENTATION: Vertical 1 06-SO-1403 -- 125 VAC Outlet, No 3: 15A, Hospital Grade,IVORY 1 06-SO-14L2 --LOCATION: Curbside,see Drawing 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1100 "INTERIOR 12 Volt OUTLETS" 1 06-SO-10 -- 12 Volt outlets two separate single outlets 1 06-SO-10Y0 -- 12V Outlet, No 1:Power Point Single- Wire thru Med Isolator 1 06-SO-11L1 --LOCATION:Action Area,standard location 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 06-SO-1910 --Power Source:Medical Isolator, Batt Sw Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1102 -- 12V Outlet, No 2:Power Point- Wire thru Med Isolator 1 06-SO-11L1 S LOCATION:14 Cabinet for Portable Sanction (See Drawing) 1 06-SO-1402 -- Outlet mounting ORIENTATION:Vertical 1 06-SO-1913 --Power Source: The SAME as outlet No 1 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1103 -- 12V Outlet, No 3:Power Point- Wire thru Med Isolator 1 06-SO-11L3 --LOCATION:RFALS, (See Drawing) 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 06-SO-1913 --Power Source: The SAME as outlet No 1 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1104 -- 12V Outlet, No 4:PowerPoint- Wire thru Med Isolator 1 06-SO-11L3 SLOCATION:In Pear of Front Cab Console 1 06-SO-1402 -- Outlet mounting ORIENTATION:Vertical 1 06-SO-1913 --Power Source: The SAME as outlet No 1 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1105 -- 12V Outlet, No 5:Power Point- Wire thru Med Isolator 1 06-SO-11L4 S LOCATION:In Cab Console, beside intercom (See Photo on File) 1 06-SO-1402 -- Outlet mounting ORIENTATION: Vertical 1 06-SO-1916 --Power Source:Medical Isolator No 2, Battery(CONSTANT)Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1127 --Hard Wired 12V Circuit, For Customer/Dealer Supplied Component 1 06-EC-1414 S Location:M-3 Compartment 1 06-SO-1912 --Power Source:Medical Isolator, Battery(CONSTANT)Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1127 --Hard Wired 12V Circuit, For Customer/Dealer Supplied Component 1 06-EC-1414 S Location:M-3 Compartment 1 06-SO-1912 --Power Source:Medical Isolator, Battery(CONSTANT)Hot 1 ZZ-ZZ-ZZZZ -- 1 06-SO-1161 S < -- 12V Outlet, DUAL USB Fast 4.8A,. 2.4 A per slot Round TATS EACH 4 Vncludes waterproof cover. DUAL USS outlet 26-SO-11L1 S < 1—LOCATION: See Note 4 (1) in Action Area Wall #2 (1)C/S Wall (2)In Cab Console(1)on Driver Side (1) on Passenger Side 06-SS-020B S < Siren:Federal, EQ2B, 430014400LP,ILOS 1 NOTE: Mount EQ2B Siren Amp Behind Rear Passenger Seat Between Back Wall of Cab Chassis and Rear Passenger Seat. 06-SS-5403 < I--Siren Spkr: CPI, Bumper Recessed, SA5403, M2 1 This speaker is a recessed mount regUiring ayore-described hole in the outer end of the front bumper. 06-SS-SW01 < I--Siren/Horn Switch:In Cab Console 1 Siren Functions OR OEM Horn 06-SS-SW04 I--microphone clip not installed Tie to Siren Microphone cord. 1 06-SS-13BO S < Air Horn System: OEM Supplied and Installed 1 Air Tank Drain Lines: Install 1 Pull Line Under Driver Side Cab Step to Drain Air Tank Front Air Tank Page 452 of 1299 08/20/2020 Paae-_1 8 PART • S DESCRIPTION • Second Air Tank Install Pull Line Under Passenger Side Step to Drain Air Tank it Chassis Come With Lanyard Drain. 06-SS-1800 S < Air Horns,ACTIVATION Valve:Manual Valve wl Lanyard ILOS 1 Constant hot, CANNOT be hooked up with door switches or primary/secondary NOTE: Delete OEM Foot Switches and Install Lanyard at Head Uner Between Cab Seats. Make Sure Lanyard is Anchored Properly to Not Pull Loose. CABINET SHOP -Modular 1 07-00-0182 1— Custom design wood console included in Order 1 07-00-0001 < ALL DIMENSIONS ON ORDER WILL HAVE A VARIABLE OF + OR- 1/4" 1 Unless specified as a minimum dimension. S < Cabinet Configuration 1 NOTE: Customer Uses Custom Bins for the Cabinets and Sizes are as Follows: Large Bin: 7"H x 16 1/2"W x 14 3/4" D Medium Bin: 7" H x 8 1/4"W x 14 3/4" D Small Bin: 3" H x 4 1/8"W x 5 3/8" D 07-00- CO2 Mica Color. Gloss Gray D355-01 1 07-00-N002 I--All Cabinet interiors Standard Pre-laminated> WHITE 1 07-00-FCO N < Polycarbonate Type/Color:Lexan- CLEAR Secure Latch 1 Note; For any secure latch window requested where a cabinet opening width is 20 inches or less, the secure latch window will be questioned at ordering. 07-00-PH01 I— Window Handles:Full Length Extruded 1 07-01-SEK8 < I—Att. Seat. EVS, 1880P4B 10 deg Child Safety Seat,Black Per4Max Black, 1 ARMRESTS are permitted on this seat SEAT-L.OGO AEV REV(or can be deleted) Seat back angle fixed, no recline function. Child safety seat 07-SE-0901 < I—BASE:Swivel base for EVS Child Seat Option Handle on RIGHT std 1 (2) Position Swivel, Forward or Rearward, Only BASE-18825 EVS handle is on right. 11-SE-04A0 I--Attendant Seat,Armrest. None 1 07-AC-6401 S AC CABINET. Evaporator, Std Location Behind Att Seat Facing Rear of Truck 1 07-ZZ-ZZZZ 1-- 1 07-BK-0001 S < Bulkhead Cabinet Under Talk Thru:J1 Installed IATS, See Drawing 1 NOTE: Top of Cabinet to have a 3/4" Up to from a Countertop 07-DR-WD13 I—Doors:Dual Flush Fitted 1 07-CA-21AO I— TRIM:U-shaped Door, J-trim opening, DBL DRS 1 07-DR-OR05 Hinge Orientation:(1)RIGHT and(1)LEFT 1 07-HWHIN1 Hinge: 1112"Stainless Steel Piano Hinge 2 07-HW-SO01 Lever Latch:Non-locking-Black Finish 2 11-XO-0012 I—Stowage rating label-Black Lever latch 8 pounds applied each 2 07-TS-1200 I--Shelf Track:Small alum Unistrut type 1 07-CA-0608 S < 1—(2)Shelves:Adjustable mica over substrate with Alum Trim 1 NOTE: Mount Shelves on a '15 Degree Angle Sloped Down From Front to Rear of Cabinet. ZZ-ZZ-ZZZZ 1-- 1 07-CA-04A8 S < Cabinet, (3) Glove Storage, over CIS Entry Door 1 NOTE: Each Glove Opening Needs to be 11"Wide to Fit Customer Glove Boxes. 07-DR-LX04 Door. Overlay He, 318"Lexan-3-glove dispense thru 1 07-HW-SO11 I—Round Pull Latch:Non-locking- Chrome Finish 1 11_X0_0010 I—Stowage rating label-Southco round latch 10 pounds applied each 1 07-ZZ-= 1 1 Page 453 of 1299 08/20/2020 Pa a 19 PART NO S DESCRIPTIONQTY 07-CA-0300 S < CURBSIDE UPPER: Over SIB, Mods 1 NOTE: Cabinet K1, K2 Cabinet to be 8" Interior Height and Will Have 1 Small Bin (3" H x 4 1/8"W x 5 3/8" D) Each Side of Divider 07-CU-1<107 S < I— Cabinet K1 &K2:(2) Openings with flush center divider 1 NOTE: 1/2" Lip on Boftorn of Each Opening 07-DR-LX24 --Door.Single Flip Up 3/8"Lexan 2 07-HW-SO01 I--Lever Latch:Non-locking-Black Finish 2 11-XO-0012 I--Stowage rating label-Black Lever latch 8 pounds applied each 2 07-ZZ-= -- `f 07-CA-04AF < Cabinet, (4)Glove Storage, over Rear Entry Doors 1 Four glove dispenser over rear doom 07-DR-LX06 --Door.Overlay hinge, 3/8"Lexan-4-glove dispense thru 1 07-DR-LZ10 I--Hinges:Stainless Spring Loaded 07-HW-SX11 I--Round Pull Latch:Non-locking- Chrome Finish 1 11-X0-0010 I--Stowage rating label-Southco round latch 10 pounds applied each 1 07-ZZ-= -- `f 07-OA-0400 S < CURBSIDE REAR:Rear of SIB, Mods 1 Cabinet to be full height between squad bench and overhead cabinet and will open toward bench. Cabinet to come out to rear door jamb and will be 12" wide and will be open toward squad bench. 07-CB-DR00 I— Open Cabinet.No Door, Trim Opening 1 07-CB-DR03 -- Trim Type:J-Trim 1 07-RF-0002 --Interior Material and Color. To be Color Keyed Laminate 1 11-YZ-0907 < I--Non-Compliant to 3.11.3 J3058, cabinets shall not come open in transit 1 Item is not tested to J3058, or not rated. 07-CU-K103 S I— Cabinet L : (1) Opening with (3)A )aluminum shelves 1 07-TS-1200 I--Shelf Track:Small alum Unistrut type 1 07-OA-0608 S < 1—(3) Shelves, Adjustable.125"Aluminum, 2"upward Lip 3 Smooth Aluminum DA Finish With . lack Stampro on all Four Sides of Shelves (Reference 17ML 20173) 07-ZZ-= 1-- 1 07-LF-6401 S < LF Cabinet, Behind Att Seat. Cabinet"H%(Elec Cab) 1 NOTE: This Cabinet Will Face The Rear of the Truck 07-CA-VEN7 I-- Plastic Vent: (2) Total, 1 column x 8 row,Vent 01 1 07-DR-WDOE I-- Door, Single Solid Flush Fitted Electrical Area 1 07-CA-2100 1--TRIM: U-shaped Door, J-trim opening 1 07-DR-OR04 I--Hinge Orientation: RIGHT 1 07-HW-HIN1 I--Hinge: 1 1/2"Stainless Steel Piano Hinge 1 07-HW-SO04 < I--Lever Latch:Non-locking-Black Finish Non Storage areas, no rating 1 applied SAE Compliant latch, tested. No storage rating applied to this area. 07-ZZ-ZZZZ 1-- 1 07-RF-MD01 RF ALS Cabinet: 164 Medium Duty 1 07-RF-CADR I--Check the specified Walk through Door type (Station 5) 1 07-RF-1164 1--Cabinet 1-1: Standard 1 07-DR-LX24 I--Door: Single Flip Up 3/8" Lexan 1 07-HW-SO01 --Lever Latch:Non-locking-Black Finish 1 11-XO-0012 I--Stowage rating label-Black Lever latch 8 pounds applied each 1 07-ZZ-ZZZZ -- 1 07-RF-I1MD S < 1 Cabinet 1-2:34"High, Medium Duty 1 NOTE: Delete Separation From Center and Bottom Sections.Adjustable Shelves Will Be Above Fixed Shelf. Bottom Section Will be Accessed Through M7 Only. (See Drawing) 07-DR-WD13 S < I--Doors:Dual Flush Fitted 1 NOTE: Install Brass Grabbers at Bottom of Each Door Page 454 of 1299 08/20/2020 Pa a 20 PART NO S DESCRIPTIONCITY 07-CA-21AO I-- TRIM: U-shaped Door, J-trim opening, DBL DRS 1 07-DR-OR05 --Hinge Orientation:(1)RIGHT and(1)LEFT 1 07-HW-HIN1 --Hinge: 1112"Stainless Steel Piano Hinge 2 07-HW-SO02 --Lever Latch:Locking-Black Finish 2 11-XO-0012 I--Stowage rating label-Black Lever latch 8 pounds applied each 2 07-RA-IOA1 --Outside Access: Thru M-7 (RF) Compartment door. 1 07-RF-0001 I--Interior MICA Color: White cabinet liner 1 07-TS-1200 --Shelf Track:Small alum Unistrut type 1 07-CA-0608 S < —(2) Shelves:Adjustable, Ext .12 x"Aluminum 2" Upward Lips 2 NOTE: Adjustable Shelves to be Powder Coated White and to Have Rubber Mat and Star pro Installed on Each Shelf. Adjustable Shelves will be Located Above Fixed Shelf. 07-CA-0608 X < (1) Shelf:Fixed, Ext. .125"Alu ainu a "Upward Lips 1 NOTE: Shelf to be Powder Coated White and to Have Rubber Mat. Fixed Shelf Will be Mounted at the Top of the Recess for the Portable Suction and Portable 02 Storage. 07-RE-1300 S Cabinet- :DELETE 1 07-ZZ-= -- `f 07-ZZ-ZZZZ -- 1 07-RR-0064 S Right Rear Cabinet:NONE 1 07-ZZ-ZZZZ -- 1 07-SA-0000 1 07-SB-MD01 SQUAD BENCH: Medium Duty 1 07-SB-0001 I--See Upholstery Section for Post and Wheel Cup info 1 07-SB-1002 Bio-waste/Sharps No 1:Gray ABS Rim, Red Lexan Cover 1 07-SB-1003 I--LOCATION:At head of Squad Bench 1 07-SB-1004 I--SHARPS CONTAINER:3-Quart Bemis Container 1 07-SB-1005 I-- WASTE CONTAINER: 6 Quart 1 07-SB-1001 S Storage Cinder Lid 1 07-SB-LID2 S < --Squad Bench Lids:Split-2-section 1 NOTE: Rear Lid Fixed Over M5 Compartment 07-SB-LH00 I--Hinge, Squad Bench Lid(s):Butt Style Hinges 1 07-SB-LH03 I--Lid Checks:Gas shock, Dual Action 2 07-SB-LH07 --Latch, Squad Bench Lid:Slam Action Paddle, W keeper 2 11-XO-0030 I--Stowage rating label-Squad bench interior, entire area 80 lbs 2 07-TR-SB01 --Edge Trim, Lids:Band w/Laminate and J-Trim Protection 1 ZZ-ZZ-ZZZZ -- 1 08-MH-1400 < -- Restraint Net, Black, 7 point detachable, at head of S/B, Mod 1 Seven (7) NET Attachment Points: Black in color. NETS-MOD2 08-ZZ-ZZZZ -- 1 07-TC-0000 1 07-TC-6402 TOP CABINETS, -Med Std 1 07-TC-A642 S < I-- Cabinet -1:See Oraing 1 NOTE: Full Height Fixed Divider. Cabinet Configuration Changed Due to Action Area Moved Forward and Area Maximized. NOTE: Cabinet B1, B2, B3, B4 Will Need to Store (1) Medium Bin (7" H x 8 1/4" W x 14 3/4" D) On Each Side of Divider. 07-CB-DR28 S 1—Doors; Cabinet B-1 Secure Latch Restocking Sliding Window Top hinged 1 11-XO-0016 I--Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-TC-B642 S < I-- Cabinet -2:See Oraing 1 NOTE: Full Height Fixed Divider. Cabinet Configuration Changed Due to Action Area Moved Forward and Area Maximized. NOTE: Cabinet B1, B2, B3, B4 Will Need to Store (1) Medium Bin (7" H x 8 1/4" W x 14 3/4" D) On Each Side of Divider. 07-CB-DR31 S —Doors; Cabinet B-2 Secure Latch Restocking Sliding Window Top hinged 1 Page 455 of 1299 08/20/2020 Paae-21 PART NO S DESCRIPTION QTY ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-ZZ-ZZZZ 1-- 1 07-WC-C641 S < I— Cabinet B-3:See Drawing 1 NOTE: Full Height Fixed Divider. Cabinet Configuration Changed Due to Action Area Moved Forward and Area Maximized. I NOTE: Cabinet B1, B2, B3, B4 Will Need to Store (1) Medium Bin (7" H x 8 1/4" W x '14 3/4" D) On Each Side of Divider. 07-CB-DR28 S I—Doors; Cabinet B-3 Secure Latch Restocking Sliding Window Top hinged 1 ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-ZZ-= 1 07-WC-0000 1 07-WC-6411 S WALL CABINET. No CPR Seatl No Telemetry Area 1 07-WC-AA01 S < IAction Area:Non Angled 1 NOTE: Maximize Action Area Space as Much as Possible. (See Drawing)Action Area Moved Forward From Original 07-WC-AA03 S < I-AIA: Satin Brushed Stainless (62 x7)Mica Finish, Complete Action Area 1 NOTE: Action Area Board and Surrounding Including the Counter to be Satin Brushed Stainless Mica ILOS.Action Area to be Straight Not Angled. 07-WC-AABD S I-Action Area Board: Satin Brushed Stainless (6257)Mica Finish No 6 for 1 content 07-ZZ-ZZZZ 1-- 1 07-WC-C641 S < I— Cabinet C: Custom 1 NOTE: Cabinet C Will Need to Store (1) Large Bin (7" H x 16 1/2"W x 14 3/4" D) or(2) Medium Bins (7" H x 8 1/4"W x 14 3/4" D) on Each Shelf 07-TS-1200 I—Shelf Track:Small alum Unistrut type 1 07-CA-0608 < 1—(2)Shelves:Adjustable mica over substrate with Alum Trim 1 (1) Each side of Divider 07-CB-DR35 < I—Doors; Cabinet C Secure Latch Restocking Sliding Window Left Side 1 Hinged Left Side hinged, Damper assist. (1)WIND-CFBD custom sized ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-RF-0007 I-No Inside Access to Exterior Compartment 1 07-ZZ-ZZZZ 1-- 1 07-WC-D641 S < I-- Cabinet D: Custom 1 NOTE: Cabinet C Will Need to Store (1) Large Bin (7" H x 16 1/2"W x 14 3/4" D) or(2) Medium Bins (7" H x 8 1/4"W x 14 3/4" D) on Each Shelf 07-TS-1200 I—Shelf Track:Small alum Unistrut type 1 07-CA-0608 < 1—(2)Shelves:Adjustable mica over substrate with Alum Trim 1 (1) Each side of Divider 07-CB-DR35 S < I-Doors; Cabinet D Secure Latch Restocking Sliding Window Left Side 1 Hinged Left Side hinged, Damper assist. (1)WIND-CFBD custom sized ll-XO-0016 I—Stowage rating label Secure Latch Restocking Sliding Window 30 1 pounds applied 07-ZZ-= 1-- 1 07-WC-E642 S < I-- Cabinet E:Rear of Cabinet C Below Fridge 1 Cabinet E to STore (1) Large Bin (7" H x 16 1/2"W x 14 3/4" D) 07-DR-LX23 S I—Doors, Double, Overlay Hinged Left, 318"Lexan-SM 1 07HW-SO01 I—Lever Latch:Non-locking-Black Finish 1 Page 456 of 1299 08/20/2020 Pa a 22 PART NO S DESCRIPTIONQTY 11-XO-0012 --Stowage rating label-Black Lever latch 8 pounds applied each 1 07-HW-HIN1 S '-_Hinge:Reel Torque 1 07-ZZ-ZZZZ -- 1 07-WC-F641 S Cabinet F. DELETE 1 07-ZZ-ZZZZ 1-- 1 07-WC-0101 S Cabinet 01:DELETE 1 07-WC-TA01 S Telemetry Area:DELETE 1 08-SE-1702 -- P4-4-Point PER4MAX Restraint System-with replacement indicator W/CPR 1 08-5E-1847 XS < ..-(3)Per4max above Squad Bench, (0)Per4Max above CFR Side Seat Black 1 Belts Belt retractors can mount above the seat level, 08-SE-SB70 --SIB:(3)Sec patient restraints-9"Sleeves Face of Bench 1 08-SE-SB76 --SIB:(3)Sec patient restraints-5"Sleeves By Hinge `f 00-20-0072 -- Per4Max Four-Point Seatbelts: Accept and Install Full Feature 1 07-ZZ-ZZZZ 1 CABINET SET-CELL 4-MOD 1 08-00-00CF Sub Floor, 3/4"Composite, ILOS 1 08-0 -E3 Flooring:Lonplate-#161 Metallic Gray 1 08-00-FL01 S ..,.Flooring Main Edge: x"Recessed(112"deep)roll-up IL OS 1 08-AS-0003 --Rear Threshold, Covered with Black Speedliner, 6" W x Full W at rear doors 1 08-AS-0006 -- CIS Stepwell Threshold, Polished Diamond Plate 1 ZZ-ZZ-ZZZZ -- 1 08-ZZ-ZZZZ -- `f 08-CS-0001 COT MOUNT HARDWARE: (Full Size Mod) 1 08-CR-0 PL < I-- Cot Mount.Stryker, No 6390, Power Load,Installed 1 Not Compatible with cots other than Stryker! This item priced for Domestic USA usage only. >>> Caution, Power load head consumes floor space toward attendant seat. Spacing review between seat and cot is recommended. >> 08-CR-09SM --No Bolt On Stryker Antler Required. 1 08-CR-1002 < -- 12v power feed location FRONT for Stryker power load 6390 1 The 12 volt feed will be drilled and fed through the template FRONT hole for a Stryker power load system. The 12volt power shall be brought through the floor, with Heat shrink connectors installed. 08-CS-OOP < I-- Cot Position No 1:PRIMARY SIDE POSITION ONLY 1 Maintain 12" between Cot and S/B. 08-CS-2000 < I--Primary Cot position under floor reinforcement 1 Install 8 inch wide by 5 long 1/2" aluminum reinforcement at primary cot position. (Primary cot position only- REV Std) **If custom location is desired, must be specified below. 08-CS-3009 -- Cot mount setup for.Stryker Power-Pro 6506 1 08-CS-19A5 -- Cot Stop, Block.Stryker Power/Performance load.Install hook with kit 1 08-CS-19U1 --Q Straint System: NONE 1 08-OS-04ST S < OXYGEN/AIR/VACUUM System: 1 NOTE: Delete 02 Alarms and Switches in Switch Panels 08-OS-0401 --Oxygen Outlet No 1: Amico Console-Ohmeda/Ohio Diamond Style 1 08-OS-040A I--LOCATION: Action Area 1 08-OS-0402 --Oxygen Outlet No 2: Amico Console-Ohmeda/Ohio Diamond Style 1 08-OS-0401 S < I--LOCATION: Curbside Wall, over the head of the SIB 1 NOTE: Under Cabinet K As Long As It Does Not Interfere With Head Strike Zone 08-OS-0403 -- Oxygen Outlet No 3:Amico Console- Ohmeda/Ohio Diamond Style 1 08-OS-040C --LOCATION: Center Pad of Liner Panel, Over Head/Chest 1 08-ZZ-ZZZZ -- 1 08-OS-0525 < --Rack No 1:Zico QR-OTS-ML, 15 1/2"wide Switch on wall, Motor Left M-Cyl 1 Lift Make sure Oxygen Hose is long enough for lift to be fully deployed. QR-OTS-ML LIFT-02 Page 457 of 1299 08/20/2020 Pa a 23 PART NO S DESCRIPTIONQTY Compliant to SAE J3043, August 8, 2017. 08-OS-0752 < I--Activation, Zico 02 Lift, Door Mounted 1 Mounted on compartment inner door panel 08-OS-0810 -- Oxygen Hose Retractor:Hubbell Tool Balancer 1 08-OS-11G1 < -- Cylinder Type: OXYGEN- Green Colored Hose 1 Regulator connection Nut: 9/101" RH thread. 08-OS-1323 S RackLocation: -1(t.E), Wall#2 Forward of Divider 1 08-OS-1712 < --Regulator, Oxygen:Has LX1 Transducer,Inspected and Installed 1 Installed on 02 line for pressure test, Regulator and Transducer connected and left installed on Oxygen [rose. Tagged with Inspector signature/Date Protected for shipment and left on the [rose, Plastic restraint tie to the oxygen bracket for shipment Required under Change notice 11, July 1, 2018 . 08-OS-1902 --Regulator Wrench:Cast aluminum, OXYGEN w/cable lanyard 1 ZZ-ZZ-ZZZZ -- 1 08-OS-35ST S < -- Vacuum System:SSCOR regulator/gauge panel in AIA 1 NOTE: (1) ON/OFF Button/Icon in the Rear Switch Panel Display 08-OS-3501 < I-- Collection Canister w Clip:Bemis, 1200 CC Capacity-J3043 retention 1 compliant LOCATION: In Action Area, to the left of A/A console box. with SSCOR canister retention clip 08-OS-3100 -- Vacuum Outlet No 1:Amico- Ohio Style 1 08-OS-040A --LOCATION:Action Area 1 08-OS-3115 < --Adapter, Vacuum Outlet:w/Suction system 1 ADAP-03 SHIP LOOSE ADAP-03 suction plug adapter with barbed fitting >> requires an updated note in the SHIP LOOSE SECTION << 08-OS-3503 --Vacuum Pump: 49 State 1 08-OS- 58 I--Location:M-1a Compartment 1 08-OS-35VN -- PORTABLE SUCTION UNIT : NONE 1 08-ZZ-ZZZZ 1 S < TRIM/DOOR ASSEMBLY- CELL 5 1 NOTE: Make Cover From Bottom of ALS to Top of M7 Compartment Out of Diamond Plate Material on Compartment Side. The Section That Separates the ALS from the Compartment(Reference 17ML 20173) 09-00-001A --Soft Touch Trim Kit: None 1 09-00-002S -- Interior window and aluminum trim with standard satin finish-std 1 09-00-0001 1 09-00-0002 ****************DOOR DEPARTMENT- Full Mod****************** 1 02-BT-C853 S < I—Handles, Ext: Tri-mark 030-1875, Free Moat, Black finish 1 Keyed 2002 02-BT-C85A < I--Interior Release:All Entry Doors, with bezel Emergency Access 1 All three Entry Doors, top and bottom latches. Bezel installed around emergency release. 09-MH-253N N I--Rear Entry Assist Handle not required 1 09-B1-ED00 Entry Door Panels, Windows and Hardware 1 08-MH-0020 I--Interior Grab Handle Color: Yellow Antimicrobial 1 08-MH-0318 < I--Grab Handle, CS Entry:(1)3-pt"L"Shaped 90, Yellow Antimicrobial New 1 5-12-16 Install CS door handle after cabinet installation. Close the doors and check for pinch points or cabinet interference. Page 458 of 1299 08/20/2020 Pa a 24 PART NO S DESCRIPTIONCITY 08- N-03E8 -- Grab Handles, Rear Access:(2)3-pt"L"Shaped 90, Yellow Antimicrobial 1 09-MH-2205 XS < - Crab Handle, (2), Black,Ailegis Corp. (#9101228 2 Located : (1) on C/S and (1) on SIS Inside Rear Access Doors 09-AS-2300 S < I—Door Panels:Mica Upped Stainlessyl Smooth Aluminum Lower 1 The mica will be laminated to smooth aluminum.Lower Panels will not be DA Sanded. 09-AS-2520 S ..- Curbside Lower Door Panel:Smooth Aluminum 1 09-E1-23C1 < I--Single Color Engraved LOGO:(3)Entry Doors, Customer Logo, requires 1 clear image Single color Engraved onto panel, Back side lighted with LED lighting. ENG >to AEV engraving dept 09-WI-0200 UPPER Windows:RA Doors, Fold Out Tinted Glass 17.3"Wx 19.3"H 1 09-WI-0601 UPPER Window: CS Access, Fold Out Glass, std tint ILOS 1 09- R• 01 S < Walk throughlTalk Through:NONE DELETE 1 NOTE: Solid Bulkhead No Window and No Door 09-FM-1093 Dri-Dek Compt Floors and shelves, Black 1 09-177-11 PO --Dri-Dek EDGES:Black, Beveled frontal edges 1 ZZ-ZZ-ZZZZ -- 1 07-ZZ-ZZZZ -- 1 09-ZZ-ZZZZ 1 ELECTRICAL Point to Point-CELL 6 1 05-EL-4962 S < Light, Kinequip 4402065 ", stainless surface mount lousing Addifiional 1 Location: Above Electrical Cabinet in Center Pad to Work With Timer and Dome Lights on High 06-EC-1390IV Warmer No 1: NONE 1 06-EC-1419IV Warmer No2 None required 1 10-00-0001 S < RIS EXHAUST FAN IVENT 1 NOTE: Exhaust Vent to be Installed on Upper CIS Rear Wall. Fan to Have Three Speed Switch (Hi-Med-Low)In Rear LX-1 Switch Panel 10-EC-2700 S < I--Refrigerator, Norcold 1.7 Cu Ft, 12VDC/125VAC, 1 NOTE: Fridge Door to Hinge Left 06-EC-4200 S < I--Fan, Pancake, 12V, EACH 1 NOTE: Install a Pan Cake Fan To Help Move Air From Norcold Fridge 10-EC-3200 S '-_Location:Rear of Cabinet -1 (See Drawing) 1 11-YZ-0907 < --Non-Compliant to 3.11.3 J3058, cabinets shall not come open in transit 1 Item is not tested to J3058, or not rated. ll-ZZ-0903 < I-- CARS Exception to C.11.3 Storage Compartments and Cabinets Design 1 An Exception has been taken to one of the following conditions; C.11.3. subpart 4 [:doors shall have positively locked latches that are designed to remain closed during transports. 10-IL-02ST Action Area Light: 12V, LED, Surface Mount 1 10-IL-02L7 I--Light Location:Action Area 1 10-IL-035T S Extended Action Area Light: 12V, LED, Surface Mount 1 10-IL-02L9 S I--Light Location:Bottom of Cabinet B-2 1 10-ZZ-= S 02 Viewing Window to be Installed In Front Pace of AIA Wall f#3(See Drawing) 1 UPHOLSTERY-CELL 7 1 11-00-UB95 < Upholstery Color.Black(Black) UPHO-6905 1 UPHO-6905 11-00-UC11 -- Center Trough Upholstery Color.Color Key to Rest of Truck 1 ZZ-ZZ-ZZZZ -- 1 Page 459 of 1299 08/20/2020 Pa a 25 PART NO S DESCRIPTIONQTY 11-00-UT05 p cin ype: acuum orme - eam ess 1 11-SB-0005 Squad Bench seat cushion cut-outs: None 1 11-SB-0003 I-- Post And Wheel Cups: NONE 1 11-SE-CSPD Head Protection: Pad over CS Entry Door 1 11-SE-REPD Head Protection: 2" Pad over Rear Access Doors, Full Width 1 < PAINT-STRIPES-DECALS 1 Console Speed Lined Black NOTE: DRIP RAILS TO BE PAINTED RED TO MATCH BODY COLOR 12-PT-UNCT I-- Undercoating : Per QVM Guidelines, STD 1 12-DC-0001 Reflective Tape: On painted edges of Exterior Door Frame 1 12-DC-GAl0 Compartment Finish: Diamond Plate Standard 1 12-PT-0100 S Primary(Over ll) Color. KEN3013 1 12-DC-0002 < I--Flip Step Reflective/Prismatic Tape:Red/White/R/W/R/W/R `f Install on rearward facing edge of flip up step at rear module entry. REV Tape-RS 12-PT-0112 -- Tape Stripe:NONE(KKK-F Deviation) 1 11-YZ-0962 --Non-Compliant toKKK-F 3.16.2;Exterior Safety stripe to be Orange 1 12-PT-0600 --Paint Belt:NONE 1 12-PT-1000 S < I—Fin Stripe:Black Reflective In "C" Channel Skirt Rails 1 NOTE: Install Black Reflective Stripe In "C" Channel Skirt Rails 12-ZZ-= 1-- `f 12-PT-RF01 < I--Roof Paint: Color and finish quality to be GLOSSY 1 The roof shall be painted,with a glossy finish, but not sanded and buffed. ZZ-ZZ-zzzz 1-- 1 12-PT-1301 Special Striping: Chevron Items: NONE 1 12-PT-2000 Lettering: NONE 1 12-ZZ-ZZZZ 1-- 1 12-PT- RIS S < Drip Rails:Bright Alum, De-burred&rounded corners(SHIPPED LOOSE) 1 Include a drip rail over the C/S Entry Door shipped loose. Add Shop Note to Shipped Loose Section of W/O NOTE: Add a Drip Rail to the M4 Compartment With Rivets NOTE: DRIP RAILS TO BE PAINTED RED TO MATCH BODY COLOR 12-ZZ-ZZZZ 1 DETAIL -SHIP LOOSE ITEMS 1 12-PT-DRIZ S < Drip Rails:Detail-Refer to Paint Section for Drip Rail Information (Ship 1 Loose) Include a drip rail over the C/S Entry Door. NOTE: Add a Drip Rail to the M4 Compartment With Rivets NOTE: DRIP RAILS TO BE PAINTED RED TO MATCH BODY COLOR 13-00-0200 1--*Check front of W/O under chassis section for Add' items* 1 13-10-XM00 I--Owner's Manual USB Flash Drive ship loose 1 13-10-XMAO I-- Printed Owner's Manual Not Required 1 34-OS-1400 I--Amico 02 Minder, Transducer: NONE 1 13-00-0001 S < ( )Placard Holder, 12"x 12", with Placards Top Load,Aluminum "U" Trim style 1 SHIP LOOSE 13-GL-0000 Glove Holder, Ship Loose: NONE 1 13-KK-KDEC Decals: KKK/DOT Pkg, Blue/White reflective-Ship Loose 1 13-RF-STAS I-- Decals: 32"Star of Life-Ship Loose 1 13-KK-NSSB Decals: NO SMOKING &SEATBELT, installed, cab& pt. area. 1 13-KL-0010 AEV Logos: Installed on unit per AEV standard locations 1 Page 460 of 1299 08/20/2020 Pa a 26 PART NO S DESCRIPTIONQTY 13-MH-05ST < Fire Extinguisher, 5 pound, shipped loose, Std 1 Part No: EXTI-01 11-ZZ-0932 < I-- Exception to C.16.1 1 Required Two fire extinguishers installed by FSAM 1 Fire extinguishers were not installed iwth one in the driver's cab, one in the patient compartment at the time of departure from the final stage Ambulance Manufacturer. 13-MH-10AO Reflector Pkg: Body-2ea, Side Fr Amber, Side Rear Red, Rear Red 1 13-OX-1702 Regulator, Oxygen: Has LX1 Transducer Ship loose 1 11-YZ-0911 1-- Non-Compliant to 3.12 Change notice 11, Oxygen regulator not installed 1 13-SB-0003 Post And Wheel Cups: NONE 1 13-SP-TIRE Spare Tire: Refer To Chassis Section to See if it gets one. 1 34-XX-0001 Primary Cot: NONE included 1 34-XX-0002 Secondary Stretcher: NONE included 1 34-XX-5000 < Indemnification Statement 1 The purchaser agrees to defend, indemnify and hold REV harmless from any claims, costs (including actual attorneys' fees), damages and liabilities caused in whole or in part by any alteration or modification of, or changes or additions to the Purchased Products OR use of product for purposes it was not designed or intended for. _= 164-172 x 95 T-9 Base 4300LP- 15.012 01/30/20== 1 GENERAL CONVERSION 1 03-07-004P 5 2021 104"Medium Duty Tf pe 9 Intem tion l V-607(2020�SA Conv F " ) 1 36-AA-0001 WORK ORDER STATUS: 1 00-90-0301 -- For Confirmation 1 36-CO-0001 --CHANGE ORDER POLICY 1 36-CO-0010 < I--After Confirmation, Prior to Engineering 1 Change Fee is $50 Per Item, Plus Option Cost 36-CO-0020 < I--After Confirmation,After Engineering Start 1 Change Fee is $100 Per Item, Plus 150% Option Cost Special order or non-stocking parts that are purchased for any ordered option that is subsequently deleted will be charged for and shipped loose. 36-CO-0030 < I--After Confirmation,After Production Start 1 Change Fee is $100 Per Item, Plus 200% Option Cost Special order or non-stocking parts that are purchased for any ordered option that is subsequently deleted will be charged for and shipped loose. 36-EO-0001 --***END OF ORDER... 1 Page 461 of 1299 1Asssc ,; w 1®P � t�zEll 11mmi Component List Customer: Boynton Beach Florida Spec Number: 4889 Address: Boynotn Beach Florida Job Number: City,State Zip: Boynton Beach FL Spec Date: September 25,2020 Contact: Mike Schneider, Body: Rsq Sqd,Alum,114 Sales Rep: Mike Schneider Chassis: Ford F550-44-Diesel-4 Door Dealership: Ten-8 Fire Equipment,Inc. Tank: 400 Gallons,Poly Qty Description Line Option 001 100044.2 1 Paint(Single Stock Color) 002 100026.2 1 Ford F550-4x4-Diesel-4 Door(2021) 003 203807.1 1 Chassis 60"CA 004 100037.1 1 Power Package(Electric Windows,Locks,Mirrors) 005 203918.1 1 Chassis Fleet/Government Incentive Discount 006 100046.1 1 Suspension System,FORD,4x4,6",4 Link 007 100048.1 1 Tires and Wheels,Super Single 335/80 R20(4) 008 100052.1 1 NO--Super Single Spare 009 100057.1 1 NO--Spare/Mount 010 100062.1 1 Skeeter Aluminum Custom Bumper 011 100058.1 1 Mud Flaps,Rear Wheels,SET Logo 012 100063.1 1 1/4"Skid Protection Panel 013 100111.1 1 Cab Steps,Custom Painted,(4)Door or Extended Cab 014 100186.1 1 NO--Cab Protection 015 100086.1 1 Cab Console,Poly,Custom 016 100543.1 1 Power Outlets 12V,Cigarette Lighter Type,Cab(3) 017 100372.1 1 NO--Cab 2nd Row Poly Compartment 018 100081.1 1 Winch,Warn,#M15000,Electric,Front Mount,15,000# 019 100178.1 1 Receiver,Rear,Winch/Rope/Trailer,10,000# 020 100550.1 1 Pump,Darley 2 BE 18V 021 100272.1 1 Standard Stainless Steel Manifold 022 100285.1 1 Valves,S/S,Quarter Turn 023 100483.1 1 Hose Threads 024 100263.1 1 Exhaust System,Vertical,Rain Cap,Aux Pump 025 100195.1 1 No--Pump House 026 100265.1 1 Pump Control Panel Enclosure 027 100418.1 1 Remote Pump Control in Cab,(Electronic),Gas Pump 028 100268.1 1 Pump Fuel from Fuel Can(Plastic 6 gallon) 029 100256.1 1 Battery Supply,12V,Chassis,Master Switch&Solenoid 030 100474.1 1 Aux Fire Pump Mtng,Rear Center,Bolted 031 100254.1 1 Pump Engine Oil Drain 032 100253.1 1 Pump Drain,Master Drain--Low Point 033 100273.1 1 Upgrade Manifold for Bumper Discharges 034 100270.1 1 Intake,Gated,2.5"FM,Rear,w/2.5"Plug,Aux Pump,Direct Vlv Cntrl 035 100284.1 1 Tank-To-Pump,Water Tank,3",Install 036 100281.1 1 Tank Fill and Cooling Line,Water Tank,1",Aux Pump 037 100278.1 1 Discharge,.75"GH,Rear,Garden Hose Outlet 038 100274.1 1 Discharge,2.5",Rear,2.5"FM x 1.5"M,1.5"cap Skeeter Brush Trucks Page 1 Page 5/,ff of 1299 039 100277.1 1 Discharge,1.5",Rear,Pre-connect 040 100426.1 1 Discharge,1",Front Bumper 041 100643.1 1 Hose Reel,Hannay,Center Mount Over Pump,Elec Rewind,Alum 042 100291.1 1 200 Foot Reel Capacity 043 100295.1 1 Hose Reel Discharge,1"Valve and Flex-Hose,Local Cntrl 044 100302.1 1 Nozzle Mounting 045 100297.1 1 Hose,Water,300#,1"x 150' 046 100303.1 1 Roller,Hose Reel,Top 047 100280.1 1 Ground Sweep Discharges,Front Bumper 048 100279.1 1 Bmpr Monitor,Akron,Forestry,Elec 049 100306.1 1 No--Whip Lines 050 100258.1 1 No--Foam System 051 100226.1 1 Water Tank Gauge,Class 1,Rear&Cab 052 100200.1 1 Water Tank Capacity,400 Gallons,Poly 053 100203.1 1 Water Tank,Specs 054 100204.1 1 Water Tank Shape,Rectangular 055 100205.1 1 Water Tank,NFPA Compliance 056 100207.1 1 Fill Tower,Water Tank,12"x 12"x 6",D/S Rear Corner 057 100209.1 1 Overflow,Water Tank,3"PVC Pipe,<500G 058 100211.1 1 NO--Water Tank Sump 059 100215.1 1 Pump to Tank,Fill Connection,1.5",300 GPM Flow 060 100216.1 1 Water Tank Drain Plug,1.5" 061 100222.1 1 NO--Tank Perimeter Wall 062 100230.1 1 NO--Foam Tank 063 100237.1 1 NO--Electric Foam Gauge 064 203917.3 1 Rescue Squad,Alum,114"x 96",60"CA,DA Finish,Full RSQ Side 065 203934.2 2 Adjustable Shelf,Compartment Mounted 066 100462.1 1 Transverse Tool Storage Front of Tank Above 067 100150.1 1 NO--Underbody Compartments,Front Body 068 100154.1 1 NO--Underbody Compartments,Rear 069 100159.1 1 Rear Center Under Body Compt,Drop Down Door 070 100166.1 1 Equipment Tray,Alum,UHMW slide 071 100164.1 1 Door Ajar Light,Flashing LED,Clear Lens 072 203849.1 1 Door Ajar Alarm,Center Console 073 100169.1 1 Hose Tray,Driver's Side,72 in.long 074 100173.1 1 NO--Hose Tray,Passenger Side 075 100382.1 1 Tool Tray,Passenger Side,72 in.long. 076 100175.1 1 NO--Tool Tray,Drivers Side 077 100180.1 1 Rear Step,Pull out and drop down 078 100181.1 1 Step,Sig-4,Folding,Lighted,DS REAR(1) 079 100692.1 1 Side Body Access Steps,Stirrup(2) 080 100325.1 1 Fuse Box 081 100326.1 1 Chassis Harness 082 100327.1 1 Wiring Harness,Body Electrical 083 100090.1 1 Battery Master Disconnect,12V 084 100092.1 1 NO--Battery Charger 085 100328.1 1 Clearance Lights,LED,DOT 086 100329.1 1 License Plate,Mount,Lighting 087 100330.1 1 Stop/Tail/Turn Lights,Whelen M6BTT/M6FC 088 100331.1 1 Back up Lights,Whelen M6 Series,LED, 089 100096.1 1 Trailer Hitch Power Plug,12V,7 Prong 090 100067.1 1 NO--Off Road Lights Skeeter Brush Trucks Page 2 Page 5/,1(1 of 1299 091 100070.1 1 No--Bumper Ground Lights 092 200312.1 1 Ground Lights,Cab,4 Door,LED STRIPS 093 100183.1 1 Ground Lights,Under Rear Step,LED(2),Grote#63871 094 100184.1 1 Body Work Lights,LED,(4),Grote#63871 095 204184.1 1 Scene/Smoke Light,Combo,Vision X,20" 096 100322.1 1 Scene Light,(6)Rigid Dually 097 100323.1 1 Scene Light,Rigid Dually,Spot,Monitor 098 100104.1 1 NO--GPS 099 100503.1 1 Tilt Meter 100 100107.1 1 Back-Up Camera,Rear View Safety,(1)camera 101 100099.1 1 Radio,Fire,Installation,Purchaser Supplied 102 100620.1 1 Radio,Fire,Installation,Purchaser Supplied-Antenna Only 103 100101.1 1 NO--Intercom System 104 100324.1 1 Back Up Alarm 105 203773.1 1 Whelen Cencom Carbide,Electronic Siren 106 100313.1 1 Speaker,Whelen,#SA315P,100 Watt 107 100310.1 1 Lightbar Mounting,Headache Rack,Alum,Enclosure Protection 108 100309.1 1 Lightbar,Whelen,Legacy,54" 109 100315.1 1 Warning Lights,Whelen,M-7 Series(12)Lights 110 100332.1 1 Lettering,Cab,3"Scotchlite Reflective,50 Letters 111 204225.1 1 NFPA Capacities Placard 112 100335.1 1 Door Graphic Emblems,(2)Custom 113 100337.1 1 Stripe,Cab/Body,Single Reflective,4" 114 100340.1 1 NO--Keep Back Lettering 115 100343.1 1 Stripe,Reflective,SCOTCHLITE,Chevron,Front Bumper,Alum Bumper 116 100345.1 1 Stripe,Reflective,SCOTCHLITE,Chevron,Rear 117 100346.1 1 Capacities Placard,Reflective 118 100347.1 1 NO--Nozzles 119 100349.1 1 NO--Spanner Set 120 530614.3 1 Ford Extended Warranty 121 100040.1 1 Chassis Prep,Commercial Chassis 122 100041.1 1 Label Seating(Based upon#of Seated Positions) 123 100042.1 1 Label,Data,Seat Belt,Chassis Manufacturer Supplied 124 100043.1 1 Label,Noise Danger,Personnel 125 100135.1 1 Label,Data,"Do Not Ride On Rear Step" 126 100136.1 1 Emblems,Skeeter Brush Trucks(5) 127 100196.1 1 Final Assembly,Skeeter Brush Trucks,Hillsboro,TX 128 100361.1 1 Operational Pump Test,SBT 129 100362.11 12V Electrical Load Analysis 130 100363.1 1 NFPA Certificate 131 100365.1 1 Road Test,10 miles 132 100366.1 1 Skeeter Warranty,5-Year Parts&Labor,10-Year Body Integrity 133 100369.1 1 Tank Warranty,Limited Lifetime 134 100351.1 1 Pre-Construction Conference,At Factory 135 100651.1 1 Apparatus Drawings 136 100353.1 1 Payment Terms,100%on Delivery and Acceptance 137 204229.1 1 Final Inspection,Skeeter 138 100356.1 1 Training,Factory Supplied,Factory location 139 100358.1 1 Delivery,Purchaser Pickup Skeeter Brush Trucks Page 3 Page 5/,1(12p of 1299 Component List r ; a�illtr' r u n S.`fl 4t,,,.qVa+fit t h�aue)7t ,ar u,f.., \0\\�V0\ Q\ Customer: Boynton Beach Florida Spec Number: 4889 Address: Boynotn Beach Florida Job Number: City,State Zip: Boynton Beach FL Spec Date: September 25, 2020 Contact: Mike Schneider, Body: Rsq Sqd,Alum, 114 Sales Rep: Mike Schneider Chassis: Ford F550-4x4-Diesel-4 Door Dealership: Ten-8 Fire Equipment, Inc. Tank: 400 Gallons, Poly Line Option Qty Description 001 100044.2 1 Paint(Single Stock Color) 002 100026.2 1 Ford F550 -4x4- Diesel -4 Door(2021) 003 203807.1 1 Chassis 60" CA 004 100037.1 1 Power Package (Electric Windows, Locks, Mirrors) 005 203918.1 1 Chassis Fleet/Government Incentive Discount 006 100046.1 1 Suspension System, FORD, 4x4, 6", 4 Link 007 100048.1 1 Tires and Wheels, Super Single 335/80 R20 (4) 008 100052.1 1 NO Super Single Spare 009 100057.1 1 NO Spare/Mount 010 100062.1 1 Skeeter Aluminum Custom Bumper 011 100058.1 1 Mud Flaps, Rear Wheels, SBT Logo 012 100063.1 1 1/4" Skid Protection Panel 013 100111.1 1 Cab Steps, Custom Painted, (4) Door or Extended Cab 014 100186.1 1 NO--Cab Protection 015 100086.1 1 Cab Console, Poly, Custom 016 100543.1 1 Power Outlets 12V, Cigarette Lighter Type, Cab (3) 017 100372.1 1 NO--Cab 2nd Row Poly Compartment 018 100081.1 1 Winch,Warn, #M15000, Electric, Front Mount, 15,000# 019 100178.1 1 Receiver, Rear,Winch/Rope/Trailer, 10,000# 020 100550.1 1 Pump, Darley 2 BE 18V 021 100272.1 1 Standard Stainless Steel Manifold 022 100285.1 1 Valves, S/S, Quarter Turn 023 100483.1 1 Hose Threads 024 100263.1 1 Exhaust System,Vertical, Rain Cap,Aux Pump 025 100195.1 1 No-- Pump House 026 100265.1 1 Pump Control Panel Enclosure 027 100418.1 1 Remote Pump Control in Cab, (Electronic), Gas Pump 028 100268.1 1 Pump Fuel from Fuel Can (Plastic 6 gallon) 029 100256.1 1 Battery Supply, 12V, Chassis, Master Switch &Solenoid 030 100474.1 1 Aux Fire Pump Mtng, Rear Center, Bolted 031 100254.1 1 Pump Engine Oil Drain 032 100253.1 1 Pump Drain, Master Drain--Low Point 033 100273.1 1 Upgrade Manifold for Bumper Discharges 034 100270.1 1 Intake, Gated, 2.57M, Rear,w/2.5" Plug,Aux Pump, Direct Vlv Cntrl 035 100284.1 1 Tank-To-Pump,Water Tank, 3", Install 036 100281.1 1 Tank Fill and Cooling Line,Water Tank, 1",Aux Pump 037 100278.1 1 Discharge, .75"GH, Rear, Garden Hose Outlet 038 100274.1 1 Discharge, 2.5", Rear, 2.57M x 1.5"M, 1.5" cap 039 100277.1 1 Discharge, 1.5", Rear, Pre-connect Skeeter Brush Trucks Page 1 Pa 211J1 of 1299 040 100426.1 1 Discharge, 1", Front Bumper 041 100643.1 1 Hose Reel, Hannay, Center Mount Over Pump, Elec Rewind,Alum 042 100291.1 1 200 Foot Reel Capacity 043 100295.1 1 Hose Reel Discharge, 1"Valve and Flex-Hose, Local Cntrl 044 100302.1 1 Nozzle Mounting 045 100297.1 1 Hose,Water, 300#, 1" x 150' 046 100303.1 1 Roller, Hose Reel,Top 047 100280.1 1 Ground Sweep Discharges, Front Bumper 048 100279.1 1 Bmpr Monitor,Akron, Forestry, Elec 049 100306.1 1 No Whip Lines 050 100258.1 1 No Foam System 051 100226.1 1 Water Tank Gauge, Class 1, Rear&Cab 052 100200.1 1 Water Tank Capacity, 400 Gallons, Poly 053 100203.1 1 Water Tank, Specs 054 100204.1 1 Water Tank Shape, Rectangular 055 100205.1 1 Water Tank, NFPA Compliance 056 100207.1 1 Fill Tower,Water Tank, 12" x 12" x 6", D/S Rear Corner 057 100209.1 1 Overflow, Water Tank, 3" PVC Pipe, <500G 058 100211.1 1 NO--Water Tank Sump 059 100215.1 1 Pump to Tank, Fill Connection, 1.5", 300 GPM Flow 060 100216.1 1 Water Tank Drain Plug, 1.5" 061 100222.1 1 NO Tank Perimeter Wall 062 100230.1 1 NO Foam Tank 063 100237.1 1 NO Electric Foam Gauge 064 203917.3 1 Rescue Squad,Alum, 114"x 96", 60" CA, DA Finish, Full RSQ Side 065 203934.2 2 Adjustable Shelf, Compartment Mounted 066 100462.1 1 Transverse Tool Storage Front of Tank Above 067 100150.1 1 NO Underbody Compartments, Front Body 068 100154.1 1 NO Underbody Compartments, Rear 069 100159.1 1 Rear Center Under Body Compt, Drop Down Door 070 100166.1 1 Equipment Tray,Alum, UHMW slide 071 100164.1 1 Door Ajar Light, Flashing LED, Clear Lens 072 203849.1 1 Door Ajar Alarm, Center Console 073 100169.1 1 Hose Tray, Driver's Side, 72 in. long 074 100173.1 1 NO-- Hose Tray, Passenger Side 075 100382.1 1 Tool Tray, Passenger Side, 72 in. long. 076 100175.1 1 NO--Tool Tray, Drivers Side 077 100180.1 1 Rear Step, Pull out and drop down 078 100181.1 1 Step, Sig-4, Folding, Lighted, DS REAR(1) 079 100692.1 1 Side Body Access Steps, Stirrup (2) 080 100325.1 1 Fuse Box 081 100326.1 1 Chassis Harness 082 100327.1 1 Wiring Harness, Body Electrical 083 100090.1 1 Battery Master Disconnect, 12V 084 100092.1 1 NO-- Battery Charger 085 100328.1 1 Clearance Lights, LED, DOT 086 100329.1 1 License Plate, Mount, Lighting 087 100330.1 1 Stop/Tail/Turn Lights,Whelen M6BTT/M6FC 088 100331.1 1 Back up Lights,Whelen M6 Series, LED, 089 100096.1 1 Trailer Hitch Power Plug, 12V, 7 Prong 090 100067.1 1 NO Off Road Lights 091 100070.1 1 No Bumper Ground Lights 092 200312.1 1 Ground Lights, Cab, 4 Door, LED STRIPS Skeeter Brush Trucks Page 2 Pa 211J1 of 1299 093 100183.1 1 Ground Lights, Under Rear Step, LED (2), Grote#63871 094 100184.1 1 Body Work Lights, LED, (4), Grote#63871 095 204184.1 1 Scene/Smoke Light, Combo,Vision X, 20" 096 100322.1 1 Scene Light, (6) Rigid Dually 097 100323.1 1 Scene Light, Rigid Dually, Spot, Monitor 098 100104.1 1 NO--GPS 099 100503.1 1 Tilt Meter 100 100107.1 1 Back-Up Camera, Rear View Safety, (1)camera 101 100099.1 1 Radio, Fire, Installation, Purchaser Supplied 102 100620.1 1 Radio, Fire, Installation, Purchaser Supplied -Antenna Only 103 100101.1 1 NO-- Intercom System 104 100324.1 1 Back Up Alarm 105 203773.1 1 Whelen Cencom Carbide, Electronic Siren 106 100313.1 1 Speaker,Whelen, #SA315P, 100 Watt 107 100310.1 1 Lightbar Mounting, Headache Rack,Alum, Enclosure Protection 108 100309.1 1 Lightbar,Whelen,Legacy, 54" 109 100315.1 1 Warning Lights,Whelen, M-7 Series(12) Lights 110 100332.1 1 Lettering, Cab, 3" Scotchlite Reflective, 50 Letters 111 204225.1 1 NFPA Capacities Placard 112 100335.1 1 Door Graphic Emblems, (2)Custom 113 100337.1 1 Stripe, Cab/Body, Single Reflective, 4" 114 100340.1 1 NO-- Keep Back Lettering 115 100343.1 1 Stripe, Reflective, SCOTCHLITE, Chevron, Front Bumper,Alum Bumper 116 100345.1 1 Stripe, Reflective, SCOTCHLITE, Chevron, Rear 117 100346.1 1 Capacities Placard, Reflective 118 100347.1 1 NO Nozzles 119 100349.1 1 NO Spanner Set 120 530614.3 1 Ford Extended Warranty 121 100040.1 1 Chassis Prep, Commercial Chassis 122 100041.1 1 Label Seating (Based upon # of Seated Positions) 123 100042.1 1 Label, Data, Seat Belt, Chassis Manufacturer Supplied 124 100043.1 1 Label, Noise Danger, Personnel 125 100135.1 1 Label, Data, "Do Not Ride On Rear Step" 126 100136.1 1 Emblems, Skeeter Brush Trucks(5) 127 100196.1 1 Final Assembly, Skeeter Brush Trucks, Hillsboro,TX 128 100361.1 1 Operational Pump Test, SBT 129 100362.1 1 12V Electrical Load Analysis 130 100363.1 1 NFPA Certificate 131 100365.1 1 Road Test, 10 miles 132 100366.1 1 Skeeter Warranty, 5-Year Parts& Labor, 10-Year Body Integrity 133 100369.1 1 Tank Warranty, Limited Lifetime 134 100351.1 1 Pre-Construction Conference,At Factory 135 100651.1 1 Apparatus Drawings 136 100353.1 1 Payment Terms, 100% on Delivery and Acceptance 137 204229.1 1 Final Inspection, Skeeter 138 100356.1 1 Training, Factory Supplied, Factory location 139 100358.1 1 Delivery, Purchaser Pickup Skeeter Brush Trucks Page 3 Pate 14b/ of 1299 SUTPHEN PROPOSAL TO: DATE: September 24, 2020 Boynton Beach Fire Rescue Attn: Chief Ray Carter 2080 High Ridge Road Boynton Beach, FL 33426 We hereby propose and agree to furnish the following firefighting equipment upon your acceptance of this proposal: One(1)Sutphen Extreme Duty Custom Pumper Complete and Delivered for the Total Sum of.................................................................................................................$734,100.00 Less Boynton Beach Discount .........................................................................$10,000.00 Total Price After Discount ...................................................................$724,100.00 "Pricing is based on Sourcewell Cooperative Purchasing Contract#022818-SUT. Custom Pumper with Published Options ..................................................................$546,647.00 Unpublished Options, Modifications and Loose Equipment as Requested by BBFR....$177,453.00 If you elect to make a 100% prepayment within 30 days of receipt of contract or purchase order, you may deduct $14,480.00 for a final contract amount of$709,620.00. The unit shall be manufactured completely in accordance to the following proposal and delivered in approximately 13-15 months from the date of the contract signing or purchase order, subject to delays from all causes beyond our control. This proposal shall be valid for forty-five (45) days. If the contract or purchase order is not received within this proposed duration, we reserve the right to extend, withdraw, or modify our proposal, including pricing, delivery times, and prepayment discounts as applicable. Respectfully submitted, rt Clark Green SOUTH FLORIDA South Florida Emergency Vehicles EMERGENCY VEHICLES Authorized Representative for Sutphen Corporation 740-815-7000 Please Issue Purchase Order to: SUTPHEN CORPORATION 6450 Eiterman Road I Dublin, OH 43016 1 1-800-848-5860 Page 468 of 1299 Boynton Beach Fire Rescue Sutphen 2020 Engine Order#: SQ6010044_5 Component Report Contact: Ray Carter Dealership: South Florida Position: Fire Chief Emergency Vehicles Phone: 561-742-6326 Mobile: Email: CarterR@bbfl.us Bill To Ship To Customer: City of Boynton Beach Customer:City of Boynton Beach Finance Department Address: 222 NE 9t'Avenue Address: PO Box 310 Boynton Beach,FL 33435 Boynton Beach,FL 33425-0310 Line Item# Qty Item Description/Comments ' 1 1 SOURCEWELL COOPERATIVE PURCHASING CONTRACT 2 10000215 1 STD WIRING SCHEMATIC 3 10000300 5 PRECONSTRUCTION CONFERENCE-PER PERSON(5) 4 10000310 2 MID-INSPECTION TRIP -PER PERSON (2) 5 10000310 5 FINAL INSPECTION TRIP -PER PERSON(5) CHASSIS 6 10010001 1 CHASSIS,CUSTOM 7 51070196 1 Wheelbase=196" 8 25010100 1 FRAME,10" DOUBLE RAILS,SINGLE AXLE(50K PSI) 9 45010001 1 FRONT TOW EYES,BELOW BUMPER 10 45010015 1 FRONT TOW EYE FINISH,PAINTED 11 46010000 1 REAR TOW EYES 12 40010250 1 STEERING-ROSS TAS-85 13 22010000 1 DRIVE LINE,SPICER,1710 SERIES 14 23014130 1 ENGINE,CUMMINS L 9 450HP DOC-DPF-DEF-SCR OBD 15 23029100 1 ENGINE WARRANTY,5 YEAR,100,000 MILES FOR CUMMINS L9 16 23030006 1 AIR INTAKE/EMBER SEPARATOR 17 23031173 1 FUEL FILTER/WATER SEPARATOR,PRIMARY,FLEETGUARD,FS1098 9/24/2020 1 Page 469 of 1299 Line Item# Qty Item Description/Comments 18 23031210 1 FUEL FILTER,SECONDARY,FLEETGUARD,FF63009 19 23088888 1 EXHAUST ADAPTER FOR MAGNEGRIP SYSTEM 20 47012430 1 TRANSMISSION,ALLISON GEN 5,EVS3000 21 23110005 1 JACOBS ENGINE BRAKE FOR CUMMINS L ENGINES 22 47024050 1 TRANSMISSION COOLER 23 47030000 1 ALLISON TOUCH PAD SHIFTER 24 1 **ENG Shifter Pad Gearing=6 Gears open. 25 21021200 1 COOLING SYSTEM 26 21030000 1 FAN CLUTCH 27 21030200 1 RADIATOR COOLANT RECOVERY,PRESSURIZED SYST 28 26010000 1 FUEL TANK,STEEL,65 GALLON 29 26030000 1 FUEL FILL 30 26030100 1 FUEL COOLER 31 24040000 1 DIESEL EXHAUST FLUID TANK 32 1 **ENG DEF Access=Hinged Door For DEF Access. 33 13010205 1 ALTERNATOR,LEECE NEVILLE 320 AMP 4962PA 34 13030100 1 LOW VOLTAGE ALARM,FLOYD BELL TXB-V86-515-QF 35 15010500 1 BATTERIES,INTERSTATE TYPE 31 MHD(4) 36 15031700 1 BATTERY JUMPER TERMINALS 37 15030430 1 120V SHORELINE INLET,KUSSMAUL SUPER 20 AUTO EJECT 38 1 **ENG Shoreline Inlet Location=Driver's side of Cab,standard location. 39 1 **ENG Shoreline Cover Color=Yellow 40 15031560 1 BATTERY CHARGER,KUSSMAUL LPC 40 W/REMOTE BAR GRAPH DISPLAY 41 15030440 1 ADDITIONAL 120V SHORELINE INLET,KUSSMAUL SUPER 30 AUTO EJECT 42 1 **ENG Additional Shoreline Requirements=for RV A/C 43 1 **ENG Additional Shoreline Location=Driver's side of Cab,standard location. 9/24/2020 2 Page 470 of 1299 Line Item# Qty Item Description/Comments 44 1 **ENG Additional Shoreline Cover Color=Red 45 14022120 1 FRONT AXLE,HENDRICKSON STEERTEK NXT 20,000 LB. 46 41022120 1 SUSPENSION FRONT 20,000 LBS.(4)56" LEAFS 47 41040510 1 STEER ASSIST 48 43010305 1 FRONT TIRES GOODYEAR 385/651122.5 LRJ G296 22.5 x 12.25 WHEELS 49 14510530 1 REAR AXLE,MERITOR RS-26-185 27,000 LB. 50 14530100 1 TOP SPEED,68 MPH 51 1 **CLAR NOTES,Match rear axle ratio of previous engine HS-6133 52 42010001 1 SUSPENSION REAR REYCO 27,000 LBS.LEAF 53 44010308 1 TIRES,REAR,GOODYEAR 121122.5 X 8.25 LRH ENDURANCE RSA HIGHWAY 24,000-27,000 GVWR 54 42910300 1 TIRE PRESSURE MONITOR,QUICK PRESSURE 55 44210210 1 WHEELS,ALUM,ALCOA,DURABRITE (max 27K rear) 56 44288888 1 BLACK HUB COVERS,FRONT&REAR(Single Axle) 57 44288888 1 BLACK LUG NUT CAPS,FRONT&REAR (Single Axle) 58 44271100 1 MUD FLAPS,FRONT (PAIR) 59 44271200 1 MUD FLAPS,REAR (PAIR) 60 44042005 1 SPARE TIRE GOODYEAR 121122.5(1) 61 44042012 1 SPARE TIRE GOODYEAR 385/651122.5 LRJ G296 (1) 62 44041015 1 SPARE WHEEL,ALUM 22.5 X 8.25 (1) 63 44041025 1 SPARE WHEEL,ALUM 22.5 X 12.25(1) 64 44042100 2 MOUNT SPARE TIRE TO SPARE WHEEL(2) 65 16010255 1 BRAKES STEERTEK DISC PLUS EX225 FRONT,SCAM 7" REAR 66 18010041 1 AIR BRAKE SYST 4 TANKS WABCO 1200 DRYER 67 18030140 1 AIR INLET CONNECTION 68 1 **ENG Standard Air Inlet Location=Left hand side of driver's step well. 69 18035110 1 AIR COMPRESSOR, KUSSMAUL AUTO PUMP AC,100PSI 9/24/2020 3 Page 471 of 1299 Line Item# i Qty Item Description/Comments 70 18036105 1 TIMER,KUSSMAUL AUTO PUMP 71 18220500 1 NO ELEC STABILITY CONTROL SYS 72 18110000 1 WABCO 4 CHANNEL ANTI-LOCK BRAKES 73 53510000 1 COMPRESSION FITTINGS ON AIR SYSTEM(CHASSIS) CAB 74 11023270 1 CAB TSAL4G 73" 15" RR 1/2 75 11030950 1 CAB LOCKDOWN LATCHES 76 11031025 1 CAB TILT SYSTEM,AIR CONTROL VALVE 77 1 **ENG Cab Tilt Controls=Driver's side Pump Panel. 78 11031100 1 MANUAL BACK-UP TILT SYSTEM 79 11031350 1 CAB DOORS,FULL LENGTH (4) 80 11031386 1 CAB STEPS,LOWER&INTERMEDIATE DIAMONDPLATE 81 11031397 1 CAB STEP LIGHTING,TECNIQ E44 LED STRIP LIGHTS 82 11031421 1 CAB DOOR WINDOWS,POWER (4) 83 11031406 1 CAB SIDE WINDOWS,FIXED,OFFICER'S SIDE ONLY 84 11031460 1 NO WINDOWS,BACK WALL OF CAB 85 11031465 1 WINDOW TINTING(LIMO TINT 8%)-EACH(3) 86 52010010 1 ELECTRIC INTERMITTENT WIPERS 87 52030200 1 WINDSHIELD WASHER RESERVOIR 88 38010015 1 MIRRORS LANG MEKRA 300 SERIES REMOTE 89 11024425 1 UPPER GRILLE,AMERICAN FLAG TUBULAR STYLE FACADE(1-9) 90 11024500 1 FLAMING"S" LOGO,UPPER GRILLE, REFLECTIVE RED 91 11024615 1 LOWER GRILLE,POLISHED STAINLESS,LASER CUT LETTERING W/BACKLIGHTING 92 1 **ENG Design for lower grille w/LED backlight=BBFRD-red backlighting 93 20012220 1 BUMPER,24" FORMED STEEL CHANNEL,PAINTED 94 20029810 1 BUMPER SIDES,PAINTED STEEL,FLAT(12"-24" EXTENSION) 95 20088888 1 RECESSED POCKETS IN FRONT 45'S OF BUMPER 9/24/2020 4 Page 472 of 1299 Line Item# Qty Item Description/Comments 96 20040215 1 STORAGE WELL,DEEP CENTER,FULL WIDTH(24" BUMPER) 97 20030120 1 STORAGE WELL COVER,TREADPLATE,4" RAISE 98 20030510 1 CUT-OUT IN STORAGE WELL COVER 99 20042140 1 PROTECTIVE BUMPER COATING,RAPTOR,TOP EDGE OF FRONT BUMPER 100 20050300 1 WINCH RECEIVER,FRONT 101 20050395 1 WIRING FOR WINCH RECEIVER(1) 102 12010500 1 AIR HORNS,DUAL,GROVER#2040 RECTANGULAR 103 1 **ENG Air Horns Location: Inboard,(1)each side. 104 12030010 1 AIR HORNS CUTOUTS IN BUMPER,BEHIND PERFORATIONS(L9 STYLE) 105 12030350 1 LANYARD CONTROL FOR AIR HORNS 106 12510110 1 ELEC SIREN,WHELEN 295HFS2,REMOTE FLUSH MOUNT 107 12620100 1 SIREN SPEAKER,100W,CAST PRODUCTS,SA4201-6B-A 108 12670110 1 SIREN SPEAKER(S) INSTALLED BEHIND CAB GRILLE 109 12710100 1 SIREN,FEDERAL Q2B,GRILLE MOUNT 110 12730205 1 MECH SIREN WIRED TO STEERING WHEEL BUTTON 111 12730350 1 MOMENTARY SWITCH ON DASH,OFFICER'S SIDE,FOR MECH SIREN 112 32520520 1 HEADLIGHTS,LED,FIRETECH FT-4X6,DUAL STS HOUSINGS 113 32530500 1 ALTERNATING FLASHER FOR HEADLIGHT 114 48010300 1 FRONT TURN SIGNALS,WHELEN 400 SERIES LED(4) 115 32530750 1 ICC,ROOF MOUNTED MARKERS,GROTE 116 27022130 1 HANDRAILS,CAB EXTERIOR,KNURLED STAINLESS STEEL(2)SIDE 117 27030610 1 COAT HOOKS ON UPPER GRAB HANDRAILS,DRIVER'S SIDE(1) 118 27030650 1 COAT HOOKS ON UPPER GRAB HANDRAILS,OFFICER'S SIDE(1) 119 27025000 1 HANDRAILS,CAB INTERIOR,BLACK RUBBER COATED(2)FRONT ENTRY 120 27025500 1 HANDRAILS,CAB INTERIOR,BLACK RUBBER COATED(2) REAR ENTRY 121 27030120 1 HANDRAILS,REAR CAB INTERIOR DOOR,BLACK RUBBERIZED(2)AND KNURLED STS AT WINDOW(2) 9/24/2020 5 Page 473 of 1299 Line Item# Qty Item Description/Comments 122 27088888 1 COAT HOOKS ON UPPER GRAB HANDRAILS,INTERIOR CREW(2) 123 11032025 1 EXTERIOR COMPT,SIDE OF EXT CAB,80" H,DS 124 11032450 1 COMPT DOOR LOCK-NOT PROVIDED 125 11032200 1 INTERIOR ACCESS,NOT PROVIDED 126 11032100 1 NO OPENING TO CREW SEAT COMPT 127 11032075 1 EXTERIOR COMPT,SIDE OF EXT CAB,80" H,OS 128 11032450 1 COMPT DOOR LOCK-NOT PROVIDED 129 11032200 1 INTERIOR ACCESS,NOT PROVIDED 130 11032100 1 NO OPENING TO CREW SEAT COMPT 131 11035422 1 DIAMONDPLATE CAB ROOF 56"x FULL WIDTH 132 31010285 1 INTERIOR,MULTISPEC BLACK SPECKLE PAINT W/GRAY-BLACK DURAWEAR 133 11032929 1 DOOR PANEL,FULL STS 134 11032960 1 REFLECTIVE MATL,INTERIOR CAB DOORS,3M DIAMOND GRADE 135 1 **ENG Reflective Striping Color=#1172 Redྗ Yellow. 136 1 **ENG Reflective Striping Verbiage=BBFRD 137 31010291 1 CAB INTERIOR FLOOR COVERING,BLACK RUBBERIZED 138 22510100 1 ENGINE ENCLOSURE,FULL LENGTH 139 22510530 1 ENGINE ENCLOSURE COVERING,SCORPION BLACK URETHANE BLEND 140 31088888 1 TOOL MOUNTING PLATE,TOP OF ENGINE ENCLOSURE 141 11031680 1 CENTER CONSOLE W/MAP BOOK STORAGE,TOP OF ENGINE ENCLOSURE 142 22610050 1 ENGINE HOOD LIGHT,LED(1) 143 11031510 1 FLAT WORK SURFACE IN LIEU OF GLOVE BOX 144 11031712 1 UPPER CREW DOOR AREA,OPEN 145 30010130 1 INSTRUMENTATION,AMETEK W/CENTER&OVERHEAD CONSOLES 146 30010500 1 LOWER COMMAND CONSOLE,L9&X12 147 30010700 1 CAB PUMP SHIFT,AIR 9/24/2020 6 Page 474 of 1299 Line Item# Qty Item Description/Comments 148 29930200 1 MAPBOOK SLOT ON BREAKER PANEL 149 29910100 1 PROGRAMMABLE LOAD MANAGER,CLASS-1 SUPERNODE II 150 30031100 1 HIGH IDLE SWITCH 151 30031771 1 12V POWER POINT, (1) 152 1 **ENG Power Point Location#1: Lower Console Position 3,Officer's corner. 153 30031802 1 12V DUAL PORT USB POWER POINTS, (2) 154 1 **ENG USB Power Point Location#1: Lower Console Position 3, Driver's corner. 155 1 **ENG USB Power Point Location#2: Lower Console Position 3,Officer's corner. 156 11040000 1 CAB ACCESSORY FUSE PANEL 157 84541540 1 POWER&GROUND STUDS,UPPER COMMAND CONSOLE **ENG Requirements(AMPS)for Power/Ground Studs in Upper Command Console: 158 1 (1)12-volt 60-amp,direct to the battery. (1)12-volt 30-amp controlled by the ignition switch. (1)12-volt 125-amp ground. 159 84541550 1 POWER&GROUND STUDS,UNDER OFFICER'S SEAT **ENG Requirements(AMPS)for Power/Ground Studs Under Officers Seat: (1)12-volt 40-amp controlled by the battery switch. 160 1 (1)12-volt 60-amp controlled by the ignition switch. (1)12-volt 60-amp,direct to the battery. (1)12-volt 100-amp ground. 161 30110000 1 VEHICLE DATA RECORDER,AKRON/WELDON 162 33510030 1 INTERIOR CAB LIGHTS,WHELEN 6" ROUND RED/CLEAR LED(2) 163 34010030 1 INTERIOR CREW LIGHTS,WHELEN 6" ROUND RED/CLEAR LED(2) 164 33530652 1 INTERIOR CAB DOOR WARNING LIGHTS,WHELEN 500 TIR6 LED,50*03Z*R(QTY 4) 165 1 **ENG Cab Door Light Color Amber 166 28010750 1 DEFROSTER,HEATER&A/C,SEVERE CLIMATE (TM-31) 167 28090100 1 A/C TO FACE 168 28030500 1 DEFROSTER DUCTWORK,ENTIRE WINDSHIELD 169 11031687 1 TOP HEAT/AC STORAGE,TOOL MOUNTING PLATE,25"x 19.5" 170 28088888 1 METAL VENT COVERS FOR DEFROSTER/AC 171 28088888 1 RV AIR CONDITIONER 15,000 BTU 9/24/2020 7 Page 475 of 1299 Line Item# Qty Item Description/Comments 172 1 **CLAR NOTES,Powered off shoreline connection only 173 28088888 1 DEFLECTOR,TREADPLATE,FORWARD OF RV AC 174 1 **CLAR NOTES,Narrow width in front of A/C unit only 175 38510204 1 DRIVER'S SEAT,BOSTROM SIERRA ELECTRIC ABTS(DURAWEAR PLUS,LOW SEAM) 176 38320000 1 HELMET STORED IN COMPARTMENT 177 39010118 1 OFFICER'S SEAT,BOSTROM TANKER 450,ABTS SCBA (DURAWEAR PLUS,LOW SEAM) 178 39030010 1 OFFICER'S SEAT COMPT,OPEN FRONT 179 38320000 1 HELMET STORED IN COMPARTMENT 180 11031842 1 EMS CABINET,REAR FACING, EXTERIOR HINGED 181 11032410 1 EXTERIOR COMPARTMENT DOOR LOCK 182 11032250 1 INTERIOR ACCESS,ROLL-UP DOOR,AMDOR 183 11032415 1 INTERIOR COMPARTMENT DOOR LOCK 184 11032312 1 ADJUSTABLE SHELVES,EMS COMPT(2) 185 39521130 1 CREW SEAT 2,BOSTROM TANKER 450,ABTS SCBA(DURAWEAR PLUS,LOW SEAM) 186 38320000 1 HELMET STORED IN COMPARTMENT 187 39521475 1 CREW SEAT 3,BOSTROM SIERRA,ABTS HIGH BACK(DURAWEAR PLUS,LOW SEAM) 188 38320000 1 HELMET STORED IN COMPARTMENT 189 39521476 1 CREW SEAT 4,BOSTROM SIERRA,ABTS HIGH BACK(DURAWEAR PLUS,LOW SEAM) 190 38320000 1 HELMET STORED IN COMPARTMENT 191 39550200 1 SEAT COLOR,BLACK 192 39610000 2 SCBA BRACKETS,BOSTROM,SECURE ALL(2) 193 38410000 1 SEAT BELT WARNING SYSTEM,AKRON/WELDON 194 39710015 1 CREW SEAT COMPT, FRONT DROP-DOWN DOORS(73"CAB) 195 11031750 1 OVERHEAD STORAGE,FRONT OF 15" RR W/NET 196 11031757 1 OVERHEAD STORAGE,REAR OF 15" RR W/NET 197 30080150 1 HD STEREO,JENSEN,AM/FM/WB/BT 9/24/2020 8 Page 476 of 1299 Line Item# Qty Item Description/Comments 198 1 **CLAR NOTES,Front speakers to be round and recessed in headliner near driver/officer. PUMP&PLUMBING 199 60080018 1 PUMP,HALE QMAX-2000 GPM SINGLE STAGE 200 60025000 1 GEARBOX,HALE,G-SERIES,REAR MOUNTED 201 60025950 1 PUMP GEARBOX YOKE,1710 202 60026000 1 PUMP PACKING,HALE 203 60031005 1 ALLOY ANODES, HALE 204 60035121 1 PUMP TEST,MISTRAS GROUP,INC 205 1 **CLAR NOTES,Rate pump at 1500GPM 206 61510000 1 AUXILIARY COOLER(HEAT EXCHANGER) 207 62010002 1 STAINLESS STEEL PIPING 208 66090010 1 3"TANK-TO-PUMP W/CHECK VALVE 209 61729120 1 VALVE,AKRON,HEAVY DUTY 210 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 211 73090001 1 TANK FILL 2" 212 61729120 1 VALVE,AKRON,HEAVY DUTY 213 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 214 61090003 1 PRESSURE GOVERNOR,CLASS 1 TPGJ1939 215 61290020 1 INTAKE PRESSURE CONTROL,TFT A1860 216 63021500 1 6" MAIN SUCTION,LEFT SIDE 217 65090000 1 2.5" LEFT SIDE INLET 218 61729120 1 VALVE,AKRON,HEAVY DUTY 219 61770905 1 ACTUATOR,VALVE,SWING CONTROL 220 60036010 1 THREADS,NST 221 63025500 1 6" MAIN SUCTION,RIGHT SIDE 222 64090000 1 2.5" RIGHT SIDE INLET 223 61729120 1 VALVE,AKRON,HEAVY DUTY 9/24/2020 9 Page 477 of 1299 Line Item# Qty Item Description/Comments 224 61770905 1 ACTUATOR,VALVE,SWING CONTROL 225 60036010 1 THREADS,NST 226 70525900 1 2.5" DISCHARGE,LEFT-POSITION 1 227 61729120 1 VALVE,AKRON,HEAVY DUTY 228 61770915 1 ACTUATOR,VALVE,PUSH/PULL,CLASS 1 W/RACK&SECTOR 229 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 230 61810150 1 DISCHARGE TERMINATION,30 DEGREE ELBOW 231 60036010 1 THREADS,NST 232 70525900 1 2.5" DISCHARGE,LEFT-POSITION 2 233 61729120 1 VALVE,AKRON,HEAVY DUTY 234 61770915 1 ACTUATOR,VALVE,PUSH/PULL,CLASS 1 W/RACK&SECTOR 235 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 236 61810150 1 DISCHARGE TERMINATION,30 DEGREE ELBOW 237 60036010 1 THREADS,NST 238 71025908 1 3" DISCHARGE W/4"OUTLET,RIGHT-POSITION 3 239 61729160 1 VALVE,AKRON,SLOW CLOSE 240 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 241 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 242 61810160 1 DISCHARGE TERMINATION,STRAIGHT 243 60036010 1 THREADS,NST 244 61840270 1 ADAPTER,4" NST FE X 5"STORZ W/CAP&CHAIN,TFT 245 71025900 1 2.5" DISCHARGE,RIGHT-POSITION 4 246 61729120 1 VALVE,AKRON,HEAVY DUTY 247 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 248 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 249 61810150 1 DISCHARGE TERMINATION,30 DEGREE ELBOW 9/24/2020 10 Page 478 of 1299 Line Item# Qty Item Description/Comments 250 60036010 1 THREADS,NST 251 71990000 1 DISCHARGE 2.5" FRONT/LEFT OF MAIN HOSEBED 252 61729120 1 VALVE,AKRON,HEAVY DUTY 253 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 254 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 255 61810160 1 DISCHARGE TERMINATION,STRAIGHT 256 60036010 1 THREADS,NST 257 72090000 1 DISCHARGE 2.5" FRONT/RIGHT OF MAIN HOSEBED 258 61729120 1 VALVE,AKRON,HEAVY DUTY 259 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 260 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 261 61810160 1 DISCHARGE TERMINATION,STRAIGHT 262 60036010 1 THREADS,NST 263 72290000 1 1.5" FRONT BUMPER DISCHARGE,2" PLUMBING 264 61729120 1 VALVE,AKRON,HEAVY DUTY 265 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 266 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 267 60036010 1 THREADS,NST 268 1 **ENG Front Bumper Swivel Location/Side=Officer's side. 269 1 **ENG Front Discharge Swivel Location/Trough=Top of Bumper. 270 72240100 1 VERTICAL STOP PINS FOR FRONT BUMPER SWIVEL 271 1 **ENG Vertical Stop Pins=Installed one each side of the front bumper to keep the hose from swinging into the cab. 272 72590002 1 DECK GUN DISCHARGE 3" 273 61729160 1 VALVE,AKRON,SLOW CLOSE 274 61770900 1 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 275 77090000 1 GAUGE, DISCH,CLASS 1 2.5" 9/24/2020 11 Page 479 of 1299 Line Item# Qty Item Description/Comments 276 72570100 1 DECK GUN TERMINATION,THREADED 277 72555810 1 TASK FORCE TIPS EXTEND-A-GUN 278 72890000 1 CROSSLAYS,TWO 2"W/1.5"SWIVEL 279 61729120 2 VALVE,AKRON,HEAVY DUTY(2) 280 61770900 2 ACTUATOR,VALVE, PUSH/PULL,CLASS 1 (2) 281 77090000 2 GAUGE, DISCH,CLASS 1 2.5" (2) 282 60036010 2 THREADS,NST(2) 283 72910505 1 COVER,ALUM W/VINYL SIDES FOR CROSSLAYS 284 1 **ENG Crosslay/Speedlay Cover Color=Black. 285 1 **ENG Crosslay/Speedlay Cover Fastener=Bungee Cords with Pull Tabs. 286 84090003 1 BOOSTER REEL,LOW PRESSURE,W/150'OF 1" HOSE & NOZZLE,MTD IN DUNNAGE AREA (SM) 287 61729120 1 VALVE,AKRON,HEAVY DUTY 288 61770930 1 ACTUATOR,VALVE,AIR,W/TOGGLE SWITCH 289 60036010 1 THREADS,NST 290 1 **ENG Booster Reel Nozzle=Akron#1702 291 61742000 1 MASTER PUMP DRAIN,MULTIPORT 292 61790510 12 DRAIN VALVES,HALE,LIFT-UP(12) FOAM SYSTEM 293 73528888 1 FOAM SYSTEM,AKRON 125 GPM 3126 BY-PASS W/FLUSH TO A DISCHARGE LINE FOR ONE FOAM TANK 294 1 **ENG Class of Foam=Class A Foam 295 73531425 1 FOAM TANK 30 GALLON BUILT INTO BOOSTER TANK 296 1 **ENG State Discharges to be Plumbed for Foam Front crosslay PUMP PANEL 297 74929110 1 HALE PUMP MODULE CONFIGURATION,SIDE MOUNT 298 74914110 1 PRG SM1-SIDE MOUNT PUMP PANEL(CROSSLAYS) 299 74928100 1 PUMP MODULE LENGTH,44" 300 74930730 1 PANEL FINISH,BLACK POWDERCOAT(PRG) 9/24/2020 12 Page 480 of 1299 Line Item# Qty Item Description/Comments 301 74931055 1 COLOR CODING (PRG) 302 74931290 1 PUMP MODULE FRAMEWORK,NON-PAINTED 303 74931390 1 PUMP FINISH,PAINTED BY PUMP MFG 304 74931590 1 PLUMBING FINISH,NON-PAINTED 305 74931692 1 EXTERIOR DUNNAGE AREA PANEL,BLACK POWDERCOAT 306 75040215 1 TROUGH IN RUNNING BOARD,BOTH SIDES 307 1 **ENG Running Board Trough Cover=Velcro Straps. 308 75590010 1 PUMP OPERATOR LIGHTS,LED (PRG) 309 75590110 1 PUMP PANEL LIGHTS OFFICER'S SIDE,LED (PRG) 310 76090002 1 PUMP PANEL GAUGES&CONTROLS (PRG) 311 60090030 1 PUMP PRIMER,TRIDENT,AIR 312 60028310 1 (1)PRIMER BUTTON-MAIN SUCTION 313 76025110 1 COMPRESSION FITTINGS ON AIR SYSTEM(PRG PUMP MODULE) 314 76030900 1 HALE TRV-L THERMAL RELIEF VALVE WITH LIGHT AT PUMP PANEL 315 76031900 1 AIR HORN PUSH BUTTON SWITCH ON PUMP PANEL 316 76590000 1 GAUGES,MASTER,CLASS 1 4.5" (PRG) 317 77590000 1 GAUGE,WATER LEVEL,CLASS 1,INTELLI-TANK ITL-4 318 77532112 1 GAUGE,WATER LEVEL,WHELEN PSTANK2 LED(2) 319 1 **ENG Whelen Gauge Locations=Driver's side of Cab,behind Crew Door,high. 320 1 **ENG Whelen Gauge Locations=Officer's side of Cab,behind Crew Door,high. 321 77590040 1 GAUGE,FOAM LEVEL,CLASS 1,INTELLI-TANK ITL-4 322 1 **ENG Class of Foam for Foam Gauge=Class A. WATER TANK 323 83525200 1 WATER TANK BRAND,UPF 324 83590005 1 WATER TANK, 1000 GAL,POLY BODY 325 80189590 1 BODY G9-ALUM 40/51 LADDERS THRU TANK 9/24/2020 13 Page 481 of 1299 Line Item# Qty Item Description/Comments 326 80089500 1 BODY SUBFRAME,PROGRAM 1 PUMPER 327 80245012 1 UPPER HATCH COMPARTMENT,LEFT&RIGHT SIDES 328 80288888 1 RAISE BODY SIDES 5" 329 81130200 3 ADJUSTABLE SHELF [L1] (3) 330 81150050 1 250#ADJUSTABLE SWING-OUT TOOL BOARD[L2] (1) 331 80588888 1 UNISTRUT,BACK WALL(QTY 2) 332 1 **CLAR NOTES,Install(2) pieces of horizontal unistrut on the back wall of the L2 compartment. Dealer to secure black poly mounting board to unistrut. 333 81130200 1 ADJUSTABLE SHELF [L3] (1) 334 81150300 1 600#SLIDE-MASTER TRAY[L3] (1) 335 80588888 1 UPGRADE DRAWER SLIDE TO 100%ALUMINUM 336 81130200 2 ADJUSTABLE SHELF [111] (2) 337 81130200 1 ADJUSTABLE SHELF [112] (1) 338 81130200 1 ADJUSTABLE SHELF [113] (1) 339 81150300 1 600#SLIDE-MASTER TRAY[113] (1) 340 81088888 1 UPGRADE DRAWER SLIDE TO 100%ALUMINUM 341 81150300 1 600#SLIDE-MASTER TRAY[Al] (1) 342 80388888 1 UPGRADE DRAWER SLIDE TO 100%ALUMINUM 343 81165705 1 UNISTRUTTRACK IN COMPTS 344 80290026 1 COMPT DOORS,AMDOR ROLL-UP,PAINTED 345 80225100 1 REAR COMPT DOOR(Al) AMDOR ROLL-UP,SATIN FINISH 346 80230003 6 ROLL-UP DOOR DRIP PAN/GUARD (WITH DRAIN) (6) 347 1 **ENG Doors to have splash guards w/drains=All 6 side doors 348 80230300 1 COMPT INTERIOR FINISH,SMOOTH 349 84531215 1 COMPT LIGHTING,TECNIQ LED E44 LIGHT STRIPS,2 PER COMPT 350 81380000 1 HOSEBED W/REMOVABLE ALUMINUM FLOORING 351 1 **ENG List the Hose Bed Hose Load Req._ 9/24/2020 14 Page 482 of 1299 Line Item# Qty Item Description/Comments 400'of 3" 1000'of 5" 200'of 2.5" 352 81410200 1 COVER,ALUMINUM 2 PC,MAIN HOSE BED 353 81431100 1 ELECTRIC ACTUATORS FOR HOSEBED COVER DOORS 354 81331155 1 ALUM HOSEBED COVER SUPPORT,REMOVABLE REAR 355 81431200 1 REAR HOSEBED COVER,VINYL 356 1 **ENG Hosebed Cover Color=Black. 357 81440230 1 COVER FASTENERS,METAL AIRPLANE LATCHES 358 81330302 1 HOSE BED DIVIDERS,ADJ (2) 359 81332015 2 HOSEBED LIGHTING,TECNIQ E44 LED LIGHT STRIP(EA)(2) 360 81910100 1 HANDRAILS,KNURLED STS 361 82290010 1 STEPS,FRONT BODY,IC FOLD DOWN W/LIGHT 362 82521500 1 RUB RAILS,BLACK POLY UHMW 363 83010050 1 ALUMINUM TREADPLATE (ALUM PPR,PRG1,C-SER,TANKER) 364 83030350 1 REAR STEP/TAILBOARD CORNERS,45 DEGREE (PRG1) 365 89988888 1 REAR ACCESS LADDER,DRIVER'S SIDE 366 1 **CLAR NOTES,Install on driver's side.Stop just short of hose bed floor. 367 80290051 1 8 SCBA CYLINDER COMPTS(2 TRIPLE-FMI,2 SINGLES-SIG4) 368 1 **ENG Triple Bottle Compartment Location=Triples to be located ahead of rear axle 369 80290220 1 DIVIDER FOR(2)TRIPLE SCBA COMPARTMENTS 370 1 **ENG Location of Dividers for Triple SCBA Compartments=TBD at precon 371 88520100 1 SUCTION HOSE,(2)10'SECT 6" KOCHEK LIGHTWEIGHT 372 1 **ENG Suction Hose Location=Will NOT be stored in ladder tunnel.Ship loose in hatch compartments. 373 88540550 1 DELETE STD SUCTION HOSE MTG 374 88550100 1 STRAINER,6" KOCHEK BARREL 375 83030710 1 REAR FENDERS,ALUMINUM SMOOTH PAINTED 376 89028888 1 LADDER PACKAGE,DUO-SAFETY 24'2-SEC,14' ROOF,10' FOLDING 9/24/2020 15 Page 483 of 1299 Line Item# Qty Item Description/Comments 377 89590007 1 LADDER CHUTE W/SUCTION HOSE STORAGE 378 1 **CLAR NOTES,Ladder tunnel to have horizontal divider in center area. Dealer to install slide- out drawers. ELECTRICAL 379 80232100 1 2" RECEIVER, BOTH SIDES 380 80232110 1 2" RECEIVER,REAR 381 80232175 3 WIRING FOR WINCH RECEIVER(3) 382 84550110 1 LICENSE PLATE BRACKET W/LIGHT,LED 383 84520000 1 BACK UP ALARM,ECCO SA917 384 85010302 1 TAILLIGHTS,WHELEN 600 SERIES,LED STOP/TAIL/TURN/REVERSE,QUAD HOUSING(PAIR) 385 1 **ENG Tail Light Housing Color=Black. 386 85110100 1 ICC LIGHTS,LED 387 85510200 1 STEP LIGHTS,LED,WHELEN 2G AT PUMP PANEL&REAR BODY 388 85710010 1 UNDERCARRIAGE GROUND LIGHTS,TRUCK-LITE#44042C LED 389 86528999 1 DELETE REAR WORK LIGHTS 390 86600000 1 OPTICAL WARNING SYSTEM,UPPER 391 86610130 1 UPPER WARNING LIGHTS,ZONE A(FRONT),WHELEN FREEDOM IV 72" LED LIGHT BAR, F4N7QLED,14 MODULES 392 1 **ENG Zone A,Upper Lightbar Color/Details=12 red/2 white,clear lenses 393 86699998 1 UPPER WARNING LIGHTS,ZONE B(OFFICER'S SIDE),COVERED BY ZONES A&C (Surface Mount) 394 86710310 1 UPPER WARNING LIGHTS,ZONE C(REAR),WHELEN LED,M9V2*SERIES SURFACE MOUNT, M9V2*(QTY 2) 395 1 **ENG Zone C,Upper Rear Beacon Color/Details=red LEDs/clear lenses and black flanges 396 86899998 1 UPPER WARNING LIGHTS,ZONE D(DRIVER'S SIDE),COVERED BY ZONES A&C (Surface Mount) 397 87100000 1 OPTICAL WARNING SYSTEM,LOWER 398 87110110 1 LOWER WARNING LIGHTS,ZONE A(FRONT),WHELEN 600 SUPER LED,60*02F*R(QTY 4) 9/24/2020 16 Page 484 of 1299 Line Item# Qty Item Description/Comments 399 1 **ENG Zone A,Lower Warning Light Color,Lens Color,Details=red LEDs/clear lenses and black flanges 400 87811130 1 LOWER,ZONE A-MOUNTING LOCATION(DUAL HOUSINGS) 401 1 **ENG Zone A,Lower-Front,Mounting Location=(2)Warnings in top headlight housing,each side. 402 87210100 1 LOWER WARNING LIGHTS,ZONE B(OFFICER'S SIDE),WHELEN 600 SUPER LED,60*02F*R(QTY 2),ION T-SERIES LED,TLI*(QTY 1) 403 1 **ENG Zone B,Lower Officer's Side Warning Light Color,Lens Color,Details=red LEDs/clear lenses and black flanges 404 87812110 1 LOWER,ZONE B-MOUNTING LOCATION(PUMPERS,TANKERS,RESCUES) **ENG Zone B,Lower-Officer's Side,Mounting Location=-(1)Warning Light near the front 405 1 corner of the Apparatus.-(1)Warning Light near the rear Axle.-(1)Warning Light near the rear corner of the Apparatus.-Reference Shop Order Drawing for lights and placement. 406 87310100 1 LOWER WARNING LIGHTS,ZONE C(REAR),WHELEN 600 SUPER LED,60*02F*R(QTY 2) 407 1 **ENG Zone C,Lower Rear Warning Light Color,Lens Color,Details=red LEDs/clear lenses 408 87410100 1 LOWER WARNING LIGHTS,ZONE D(DRIVER'S SIDE),WHELEN 600 SUPER LED,60*02F*R(QTY 2), ION T-SERIES TLI*(QTY 1) 409 1 **ENG Zone D,Lower Driver's Side Warning Light Color,Lens Color,Details= red LEDs/clear lenses and black flanges 410 87814110 1 LOWER,ZONE D-MOUNTING LOCATION(PUMPERS,TANKERS,RESCUES) **ENG Zone D,Lower-Driver's Side,Mounting Location=-(1)Warning Light near the front 411 1 corner of the Apparatus.-(1)Warning Light near the rear Axle.-(1)Warning Light near the rear corner of the Apparatus.-Reference Shop Order Drawing for lights and placement. 412 87588888 1 WHELEN LED TRACER LIGHTS UNDER BODY(QTY 10) 413 1 **CLAR NOTES,Install(2) under 1-1/111 and(3)1-3/113. 414 87537732 5 ADDITIONAL WARNING LIGHTS,WHELEN 600 SUPER LED,60*02F*R(PAIR)(5) 415 1 **ENG Whelen 600 LED Warning Light Color=Red 416 1 **ENG Whelen 600 LED Lens Color=Clear **ENG Whelen 600 LED Mounting Location=(1)each side recessed in front angled corners of 417 1 front bumper,(1)each side of cab above front axle,(2)each side of body in upper front/rear corners of hatch compartments,(1)each side on rear of body mid-height 418 1 **CLAR NOTES,All warning lights to have black flanges. 419 87040000 1 TRAFFIC ADVISOR,WHELEN LED,TAL65 36" 420 88390902 1 LIGHT,FR SPECTRA, LED,BROW 20K LUMENS,12V(1) 421 88390910 4 LIGHT,FR SPECTRA, LED,SURFACE MNT,15K LUMENS,12V(4) 422 1 **ENG Scene Light Housings Color=Black 9/24/2020 17 Page 485 of 1299 Line Item# Qty Item Description/Comments 423 1 **CLAR NOTES,Spectras to be installed(1)each side of cab and(1)each side of body above L3/R3.Wire left to LEFT&RIGHT SCENE switches above driver. PAINT& FINISH 424 90030004 1 PAINT,SINGLE TONE 425 1 **ENG Single Tone Paint Color=red. 426 90030154 1 PAINT FRAME RAILS&BODY REAR DROP-BLACK 427 90030190 1 TEXTURED FRAME RAIL COATING UNDER PUMP MODULE 428 90030015 1 A/C CONDENSER PAINTED ROOF COLOR 429 1 **ENG Note Paint AC Condenser Color=red 430 90088888 1 BLACK-OUT PACKAGE **CLAR NOTES,Includes: Front Bumper Treadplate Front Bumper Lid-Includes Handle Headlight Housings Upper Front Grill Lower Front Grill Front Rubber Fenderettes Cab Mirrors Cab Side Grab Handrails 431 1 Cab Exterior Door Handles Cab Coat Hooks Pump Module Grab Handrails Wheel Well Trim Fenderettes Front of Body Diamondplate Rear Body Diamond plate/La dder Tunnel Door SCBA compt/fuel doors Siren Q2B Grab Handrails-Top of Body around pump module Grab Handrails-Rear of Body RV A/C Deflector 432 90510010 1 LETTERING TO MATCH CURRENT APPARATUS 433 90530305 1 FIRE DEPT EMBLEMS(Pair) 434 90610000 1 4"SCOTCHLITE STRIPE 435 90630100 2 1"SCOTCHLITE STRIPE ABOVE OR BELOW-EACH(2) 436 90680130 1 CHEVRON STRIPING,REAR BODY OUTBOARD,3M DIAMOND GRADE 437 1 **ENG Chevron Striping,Rear Body Color=#1172 Redྗ Yellow. 438 90688888 1 CHEVRON STRIPING, FRONT BUMPER,3M DIAMOND GRADE 439 1 **CLAR NOTES,#1172 redྗ yellow 9/24/2020 18 Page 486 of 1299 Line Item# Qty Item Description/Comments EQUIPMENT 440 91010000 1 MISC EQUIP-(1)PINT TOUCH-UP PAINT,STAINLESS STEEL NUTS&BOLTS 441 91030700 1 ZIAMATIC SAC-44 FOLDING WHEEL CHOCKS(PAIR) MTD W/SQCH-44H HOLDERS 442 1 **ENG Wheel Chock Mounting Locations=Under L1 COMPLETION &WARRANTY 443 99010000 1 MANUALS(1-PRINTED&1-USB) WITH DVD 444 99088888 1 ADDITIONAL PRINTED SUTPHEN OPERATORS MANUAL 445 99510000 1 WARRANTY,ONE YEAR 446 99031195 1 DEALER DELIVERY DEALERSUPPLIED 447 PDB001441 1 DEALER SUPPLIED-David Clark 5-position Hard Wired 448 PDB000101 1 DEALER SUPPLIED-Radio Mount-Dual Head 449 PDB000102 1 DEALER SUPPLIED-Antenna Mounting(1) 450 PDB000219 1 DEALER SUPPLIED-RAM Tab-Lock Holder for Tablet 451 PDB000784 1 DEALER SUPPLIED-Brigade 360 Camera System Pumper 452 PDB000103 1 DEALER SUPPLIED—12v Electrical Provision in Cab 453 PDB000403 1 DEALER SUPPLIED-Medical Glove Holders(Upper Crew Doors) 454 PDB000169 1 DEALER SUPPLIED-120V Receptacle in EMS in Cab(QTY 2) 455 PDB001448 1 DEALER SUPPLIED-Number Plate 12 x 12 Painted(QTY 4) 456 PDB000732 1 DEALER SUPPLIED-Cone Holder 457 PDB000219 1 DEALER SUPPLIED-4" Lip behind Driver's Seat 458 PDB000219 1 DEALER SUPPLIED-Oil Dry Hopper in Hatch Compartment 459 PDB000219 1 DEALER SUPPLIED-Black Poly Board(QTY 8) 3-L1,1-L2,2-L3,2-R3 460 PDB000105 1 DEALER SUPPLIED-Mount Equipment 461 PDB000219 1 DEALER SUPPLIED-Loose Equipment Package(see spreadsheet) 462 PDB000267 1 DEALER SUPPLIED-SCBA Bracket-Mounted (QTY 2) 463 PDB000226 1 DEALER SUPPLIED-120 V SHORE POWER IN BODY(QTY 2) 9/24/2020 19 Page 487 of 1299 Line Item# Qty Item Description/Comments 464 PDB001007 1 DEALER SUPPLIED-20 Amp 12 V Circuit in Body 465 PDB000219 1 DEALER SUPPLIED-RAMSEY QM9000 PORTABLE WINCH 9/24/2020 20 Page 488 of 1299 W C U o N WLL m = V W= o(D mQ ao r N =m 0 } W Z QZ a x W O p w F 1 O IQ � mZ (n m F m W Z o z O w m � x C, ® g J I I I I a r - - I Q U) j o m Q N w o� U j W O oO j ffaZ Obo g c) m -o z z� `�El o= ° U)W Q z Z w 7 w O ww 7 Q Q o 0 x > I I M 0 �LL I I & F dF �' ❑ I❑ O ® o ®__________, O Z m z W W C, g ® _ LLO � Q N Q Q O •• ® _ 66 U ® O Q O U 0 D 0 0 = w Q ¢m Q o F m U m o Un� ® �°C9 a -- -- - - - -- -- ------------------ ---------- z U W J z z ® W (7 a z I' W Wm _ Z O z .__ __ W - d� a 111/ 11 w° ?? 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o QU (D U) A ozo BULL "z m of °o 000LL °o 000LL oo mm z= m Naz ¢uw rca ry a = a a a a a a a Yo F w w o p a N 7 m J m Z O O2 ztnZ 10. >W(9 a a a U' m4TH m o> >wx (90 Z O o Q Q y 2 awRw❑ F F. <K Q OQ 7N Ka z N w or SOUTH FLORIDA EMERGENCY VEHICLES Boynton Beach Fire Rescue 2020 Engine 3-Year Preventative Maintenance PM Option 1. Year One: (1) "A" PM, (1) "B" PM, (1) PUMP TEST 2. Year Two: (1) "A" PM, (1) "B" PM, (1) PUMP TEST 3. Year Three: (1) "A" PM, (1) "B" PM, (1) PUMP TEST, (1) TRANSMISSION SERVICE **See included sample "A" and "B" PM checklists. NOTE: Includes SFEV transportation of apparatus from Boynton Beach to SFEV service shop in Fort Myers and back. COST: $14,280.00 SOUTHE I Y VEHICLES 4655 Cummins Ct. I Fort Myers, FL 33905 1 239-267-5300 Page 490 of 1299 „ust� �T- �I` -7 BOYTON BEACH 2020 ENGINE-LOOSE EQUIPMENT LIST 9/17/2020 SOUTH FLORIDA EMERGENCY VEHICLES ITEM# DESCRIPTION QTY VENDOR AKR-35 2.5 LINE GAUGE 2.5" 1 AKRON AKR-631 ELBOW 60 DEGREE ELBOW 2.5 PYROLITE 1 AKRON AKR-ELRE-SCOUT-2B-DC REVEL SCOUT LIGHT W/2 BATTS&12/24V CHARGER 1 AKRON QUICKEE 20"PPV BATTERY OPERATED FAN W/BATTERY 3 BLOWHARD ELK-0033XD01 1.5"XD SHUTOFF W/GRIP 10 ELKHART ELK-0034XD02 2.5"X1.5"XD PLAYPIPE ELK-O-LITE 1 ELKHART ELK-00662007 ST-185-XD SMOOTH BORE 1.5"FNH X 1/2"&15/16"BORE 2 ELKHART ELK-0069XD01 2.5"X 1.5"XD SHUTOFF W/PG 1 ELKHART ELK-02551007 *ST-190-BA TRIPLE STACK TIP,1"&1-1/8"&1-1/4"TRP STK FOR PLAYPIPE 2 ELKHART ELK-03476201 282-A MINI 2.5"F X 2.5"M,ELK-O-LITE 1 ELKHART ELK-03896001 3986 R.A.N.NOZZLE FOR RAM XD 1 ELKHART ELK-04XD0101 CHIEF XD TIP,150@50 4 ELKHART ELK-04XD010F CHIEF TIP,125@75,LUMINESC.BUMPER 2 ELKHART ELK-04XD0251 XD TIP,HIGH RANGE,250@50,(COLOR) 1 ELKHART ELK-08296201 RM XD MONITOR 1 ELKHART ELK-08296801 8296-MB MOUNTING BRACKET FOR RAM XD 1 ELKHART ELK-181A-RAM 13/8"SMOOTH BORE FOR RAM SEE P/N ELK-66735007 1 ELKHART ELK-66756007 187-XD S.B.TIP 15/16"X 1.5"NH 2 ELKHART ELK-80927101 PORTABLE BASE 5"STORZ 1 ELKHART ELK-81270002 STINGER 2.0 UPPER UNIT W/TUBE&TIPS 1 ELKHART ELK-8298P 3"THREADED ADAPTER TOP MOUNT 1 ELKHART ELK-B-100-A WYE BALL VALVE 2.5"FX(2)1.5"M ALUMINUM LG HDL 1 ELKHART ELK-B-100-LA WYE GATED 1.5"X(2)1.5"ALUMINUM LONG HANDLE 1 ELKHART ELK-B-97A 2.5X2.5 VALVE BALL WYE 2.5"X(2)2.5" 1 ELKHART ELK-SM-1250 2.5"MASTER STREAM NOZZLE#03779201 1 ELKHART ELK-X-86-A HYDRANT VALVE 2.5"SCREW TYPE ELK-00381101 6 ELKHART GRA-MS271 STI HL FARM BOSS CHAINSAW 20"BAR 1 EVERGLADES GRA-MS462 G RAVELY MS462 STI H L RCM RESCU E SAW 1 EVERGLADES HOL-150.182.274 PUILL ATTACH SET SPXX 1 HOLMATRO HOL-151.000.583 PENTHEON PBPA287 BATTERY 6 HOLMATRO HOL-151.000.742 PENTHEON PBCH2 CHARGER 3 HOLMATRO HOL-151.000.804 PENTHEON TRE03 RAM EXTENSION PIPE 1 HOLMATRO HOL-158.582.009 PULL CHAIN SET 3/8" 1 HOLMATRO HOL-159.000.062 PENTHEON PTR50TELESCOPIC RAM 1 HOLMATRO HOL-159.000.063 PENTHEON PCU50CUTTER 1 HOLMATRO HOL-159.000.064 PENTHEON PSP40SPREADER 1 HOLMATRO DP25-800-TRUID TRUID HOSE 2.5"X 50'ORANGE 14 KEYHOSE KEY-B10-30W-10 3"X 10'BIG-10 WHITE 1 KEYHOSE KEY-B10-30W-50 BIG 10 DJ HOSE 3.0"X 50'W/2.5"NST WHITE 10 KEYHOSE KEY-FD-17BU-50 FDNY D/J HOSE,1.75"X 50'BLUE 3 KEYHOSE KEY-FD-17G-50 FDNY D/J HOSE 1.75"X 50'GREEN 6 KEYHOSE KEY-FD-17R-50 FDNY D/J HOSE,1.75"X 50'RED 6 KEYHOSE KEY-FD-17R-50 FDNY D/J HOSE 1.75"X 50'RED 4 KEYHOSE KEY-FD-17Y-50 FDNY D/J HOSE 1.75"X 50'YELLOW 6 KEYHOSE KEY-PF-50Y-100 PRO-FLOW 5"X 100'LDH YELLOW W/5"STORZ 10 KEYHOSE KEY-PF-50Y-25 PRO-FLOW 5"X25'LDH YEL W/5"STORZ 2 KEYHOSE 20K0525-H52 5"STORZ x(2)2.5"NH FE SWIVEL ROCKER LUG CLAPPERED 1 KOCHEK HAR-HHR-2 HOSE ROLLER 2 MAN 1 KOCHEK HAR-HSFS50-45NHLH 5"STORZX4.5"FEMALE LONG HANDLE 3 KOCHEK HAR-HSSW-401 (4)2.5"-5"SPANNERS W/BRACKET 4 KOCHEK RED-101 UNIVERSAL SPANNER WRENCH 12 KOCHEK RED-148-3 WRENCH HOLDER SET TRIPLE 5 KOCHEK RED-351515 ADAPTER 1.5"DOUBLE FEMALE NH 3 KOCHEK RED-352525 ADAPTER 2.5"NH DOUBLE FEMALE 3 KOCHEK RED-361515 ADAPTER 1.5"DOUBLE MALE NH 3 KOCHEK RED-362525 ADAPTER 2.5"NH X 2.5"DOUBLE MALE 3 KOCHEK RED-372515 ADAPTER 2.5"NH FEMALE X 1.5"NH MALE 4 KOCHEK DCS387D1 DEWALT 20-Volt Variable Speed Cordless Reciprocating Saw(w/battery&charger) 1 LOWES MEC-BULECLRETRACT ECLIPSE RETRACT LANYARD 1 MECO MEC-ECLETT BULLARD ECLIPSE ELECTRONIC THERMAL THROTTLE 1 MECO MEC-ECLLDXBUNDLE ECLIPSE LDX TIC W.PWRHSE BUNDLE(MET.BLUE) 1 MECO 200954-15 3M Scott RIT-Pak III Self Contained Breathing Apparatus Large 5500psi 1 MES 200972-01 RIT-PAK AIR BOTTLE ASSEMBLY 1 MES AMX-240 EXTINGUISH 2.5 GALLON WATER CAN 1 MES AMX-260 EXTINGUISHER 6 LITER 1 MES AMX-332 1EXTINGUISH#200O2 AMX-811(BRACKET) 1 MES BADAXX34 34"BADAXX 1 2 1 MES SOUTH FLORIDA EMERGENCY VEHICLES 4655 Cummins Ct. I Fort Myers,FL 33905 1 239-267-5300 Pagep491of6f 1299 ITEM# DESCRIPTION QTY VENDOR CFY-EU22001TA HONDA EU20001 GENERATOR 2200W 1 MES CHF-SLY-FL BARRICADE TAPE FIRE LINE,1000' 1 MES FOL-121410 12X14 VINYL 10 OZ.SALVAGE COVER 4 MES FRH-8-M28-B THE EIGHT MAUL,8LB SLEDGE W/28"FIBERGLASS HANDLE 3 MES FRH-BC-24 BOLT CUTTER 24" 3 MES FRH-BUSTER-MOD MODIFIED BUSTER TOOL W/RING&FORK 1 MES FRH-CM2 CONNECTION MALLET-2LB RUBBER MALLET 3 MES FRH-EKS-12 ELEVATOR KEY SET 2 MES FRH-FA-6 FLATHEAD AXE,FIBERGLASS 2 MES FRH-FAP-8 FORCE AXE PICK HEAD 8LB DISCOUNT FOR QTY 4 2 MES FRH-GH-36 GRI FF HOOK W/STRAP 3 MES FRH-K-TOOLKIT K-TOOL COMPLETE KIT 1 MES FRH-LS-8 THE LOCK SLOT 2 MES FRH-NYF-10 10'NY HOOK FIBERGLASS/ASH CORE 3 MES FRH-NYF-6 NY HOOK FG/ASH CORE 6' 3 MES FRH-NYF-8 NY HOOK FG/ASH CORE 8' 3 MES FRH-PB-30 PRO-BAR 30" 4 MES FRH-RH-10 NY ROOF HOOK 10' 3 MES FRH-RH-6 NY ROOF HOOK 6'PRYBAR END SPECIFY 3 MES FRH-RH-8 NY ROOF HOOK 8' 3 MES FRH-TRISTATE HOOK NY ROOF HOOK&BOSTON RAKE ENDS SPECIFY 6' 3 MES GMM-2 GLAS MASTER TOOL COMPLETE 2 MES HEB-6HC 6"HOSE CLAMP 1 MES PB-30-FIREHOOKS 30"HALLIGAN TOOL 1 MES HEB-MNT MOUNT BRKT 3"&6"CLAMP 1 MES LNS-NOT32 NOTCHED PIG AXE 32"TAN 5 MES NUP-69148 CLASSIC SHOVEL,48"HANDLE BUTT GRIP 3 MES NUP-69236 36"W66 L SQUEEGEE 1 MES NUP-72072 SQUARE PT.D HDL 27" 1 MES NUP-72108 SPADE SHOVEL W/27"D HANDLE 3 MES RB-442RD RED HYDRANT BAG 4 MES SRC-F4STHLS F4 SAFETECH LIGHTNING ESCAPE SYSTEM 4 MES STR-44451 LED FIRE VULCAN,12V CHARGER 6 MES MOT-M37TSS9PWIAN MOTOROLA APX 8500 RADIO W/OPTIONS 1 MOTOROLA MOT-NNTN7624C CHARGER,CHR IMP VEH EXT N/A EU KIT 2 MOTOROLA 1003-HD TOOLLOK HEAVY DUTY 4 PAC 1004 HANDLELOK 12 PAC 1070 JUMBO LOK 6 PAC K5003 IRONSLOK KIT 1 PAC K5010-12 8-12#SLEDGE HANGER/POCKET KIT 1 PAC K5011 FLATHEAD AXE KIT 1 PAC K5012 PICKHEAD AXE KIT 1 PAC K5029-1 BOLT CUTTER KIT 1 PAC TEA-K12-FD-970 K-12 RESCUE SAW 14"WITHOUT BLADE 1 TEAM EQUIP TEA-PIRA14FD PIRAYA 14X1 DIAMOND BLADE 1 TEAM EQUIP TFT-ABIST-NX BALL INTAKE 5.0"STORZ RIGID X 6.0"FEMALE 2 TFT AK-1078 QUICKFITSPRINKLER SHUTOFF 2 THEFIRESTORE W-TL-SS-1 TELE-LITE SPRINKLER STOP 2 THEFIRESTORE GRG-31MJ58 19"STEEL MACHETE 2 343-HJ-1 2.5"-3"HOSE JACKET 2 ALLHANDSFIRE 420-R 2 TON CABLE HOIST W/RAPID LOWERING 1 LUG-ALL ESI-20022 10'ACCESORYCHAIN WITH 9/32"LINKS 1 THEFIRESTORE SOUTH FLORIDA EMERGENCY VEHICLES 4655 Cummins Ct. I Fort Myers,FL 33905 1 239-267-5300 PageP49�bf 1299 y ratAENT A vo� FORME10 0 CONTRACT ACCEPTANCE AND AWARD -- National Joint Poweis Alliance' fa L't F'IsRC13AE5slii �� (Top portion of this form will be completed by NJPA if the vendor is awarded a contract.The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract#:022818-SUT Proposer's full legal name:Sutphen Corporation Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth in this RFP,in any amendments to this RFP,and in any exceptions that are accepted by NJPA. The effective date of the Contract will be April 16, 2018 and will expire on April 16, 2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: Jeremy Schwartz !Y °Y a f II-tR OF Cl I# tTtvF cot l[R' CTS (NAME PRINTED OR TYPED) AND PROC.UR NNE H/ .„t, Chad Coauette NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE (NAME PRINTED OR TYPED) Awarded on April 16, 2018 NJPA Contract # 022818-SUT Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name Autho d Signatory' Title r`eWeA+ VENDOR AUTHORIZED SIGNATURE V (NAME PRINIED OR I'fPEl;l Executed on . 20 NJPA Contract # 022818-SUT Page 493 of 1299 Form C EXCEPTIONS TO PROPONAL.TERNIS COND111ONS Company Name:Sutphen Corporation AND SOLUTIONS REQUEST Any exceptions to the terms,conditions,specifications,or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term,Condition,or 'NJPA7`-------7, Section/page Exception ACCEPTS 1 8.9/28 The Vendor must comply Sutphen Corporation is taking exception to applicable prevailing the prevailing wage requirements as i wage legislation in effect in indicated in section 8.9 as it relates to the the jurisdiction of the NJPA jurisdiction of the NJPA member. The Member. manufacturing of our fire apparatus would be completed In our facilities In the State of Ohio or Pennsylvania. Sutphen Corporation does comply with all Federal and State Accept. wage and labor laws. Additionally,our facility in Dublin,Ohio does have a bargaining agreement with Teamsters Local #284 which guarantees the wages of the employees involved in the manufacturing/ construction of our fire apparatus. A copy of this agreement may be provided upon request. Proposer's Signature: A Date: I. Date Page 494 of 1299 ,,. s, hnVVII,-:1L nig-,r,i0.sb,zgti rrr is32+J8,y »j,I)bg�rct2ltF��A�it<m8tis�-r t �U6srr� a;,,1�nt,t'1 { Specification for: NWCG Type 5 Wildland Engine Ford F550 - 4x4 - Diesel - 4 Door Rsq Sqd, Alum, 114 Submitted To: Mike Schneider, Boynton Beach Florida Boynotn Beach Florida Boynton Beach, FL Specification 4889 September 25, 2020 Prepared by: Mike Schneider Skeeter Brush Trucks Page 1 Abe i 0 0f 1299 Proposal We are pleased to submit the following specifications to you for a Skeeter 550 per your request for quotation. The following paragraphs will describe in detail the apparatus proposed. Loose equipment not specifically requested will not be provided. Skeeter Brush Trucks, LLC. a wholly owned company of Siddons-Martin Emergency Group, is a custom fire apparatus manufacturer specializing in Brush-Grass-Wildland fire fighting vehicles. Our 22,000 square foot manufacturing facility is located in Hillsboro,Texas and is operated by some of the most experienced wildland firefighting vehicle manufacturing individuals in the business. Our performance and quality minded approach to manufacturing generates some of the most reliable vehicles in the industry,thus yielding a very high return on investment. Skeeter Brush Trucks, LLC. provides the very best sole source product and service solutions to the fire service. Skeeter Brush Trucks LLC carries$1,000,000 in liability insurance,with $3,000,000 in excess umbrella liability insurance.The opportunity to place this Skeeter Brush Truck in your department is greatly appreciated and we are certain it will fulfill your every requirement. We look forward to working for you. Siddons-Martin Emergency Group sales and service professionals are dedicated and experienced in all aspects of the fire apparatus business. Our core business is the sales and service of fire apparatus. Service Advantage Siddons-Martin Emergency Group currently staffs sixteen (16)service centers located throughout Texas, Louisiana, and New Mexico, and maintains a fleet of service vehicles to provide on-site service of your SKEETER Brush Truck. The Siddons-Martin Emergency Group Service Department is dedicated to the fire service and provides service and maintenance exclusively on fire apparatus. Siddons-Martin Emergency Group employs numerous EVT trained technicians and is constantly engaged in continuing factory and EVT training classes and programs in order to stay abreast of the rapidly improving technologies incorporated within today's fire apparatus. SMEG is an authorized sales and service dealer for Pierce Mfg., and an authorized service center for Waterous, Hale, and Darley fire pumps, and an OEM distributor for all major fire equipment accessories. Construction and Design Skeeter Brush Trucks body and component designs are engineered. Body construction (unless otherwise noted) is done in- house, using the best in design and materials. RBM's for body frames are among the very highest in the industry.Wiring harnesses are custom manufactured in-house, and meet or exceed OEM standards.All wiring is protected, run through conduit, and distributed through one, easily accessed, sealed control box. Chassis Operation Manual The chassis manufacturer shall provide one(1) operational manual.A This manual may be in either a notebook type binder, with reference tabs or a compact disk(CD)with all of the printed material in an electronic format(Adobe Acrobat PDF). Fire Pump Operational Manual A fire pump service, instruction, and operational manual shall be supplied.A This manual may be in either a notebook type binder,with reference tabs or a compact disk(CD)with all of the printed material in an electronic format(Adobe Acrobat PDF). Foam System Operational Manual A foam system service, instruction, and operational manual shall be supplied.A This manual may be in either a notebook type binder,with reference tabs or a compact disk(CD)with all of the printed material in an electronic format(Adobe Acrobat PDF). Apparatus Operational Manuals The chassis manufacturer shall provide one(1) operational manual.This manual may be in either a notebook type binder, with reference tabs or USB thumb drive with all of the printed material in an electronic format(Adobe Acrobat PDF). Skeeter Brush Trucks Page 2 Pa 211JI of 1299 100044.2 - PAINT 1. Cab Color:Vermilion Red 2. Cab Secondary Color: N/A 3. Description: Solid Vermilion Red 100026.2 - CHASSIS SPECIFICATIONS One (1) FORD F-550,two axle drive 4x4, dual rear wheels (DRW), four(4)door, XL, Crew Cab chassis Wheelbase: 180" Cab to Axle: 60" Grille: black Tow Hooks: front loops Driving Front Axle and Suspension: 7,500# HD front package, 7,500# suspension package, stabilizer bar,front shocks, manual hubs Tires: two(2)front tires shall be 225/70R19.50, radial all weather/off road tread Front Wheels: two(2) 19.50" x 6.00" steel disc,ten (10)-hole pattern steel disc wheels Rear Axle and Suspension: 14,706#wide track rear axle, 14,706# suspension package, stabilizer bar, Differential Gears: 4.88 Gears, Limited slip Rear Differential Tires: four(4) 225/70R19.50 radial all weather/off road tread Rear Wheels: four(4) 19.50"x 6.00" steel disc, ten (10)-hole pattern steel disc wheels Braking System: four(4)wheel disc brake system with an Anti Lock(ABS) Electronic Shift on the Fly:The chassis shall be equipped with an electronic shift transfer case.The front axle hubs shall be auto locking,with a manual backup feature. Engine: Model: Power Stroke 6.7 turbo-charged diesel Number of Cylinders: Eight(8) "V" configuration Displacement: 6.7 liters Rated Brake Horsepower: 330 at 2800 rpm Rated Torque: 770 ft lbs Turbocharger High Idle Control Cooling System: a coolant mixture protected to-30 degrees Fahrenheit Exhaust System: horizontally mounted, discharge on passenger's side aft of wheels Fuel Tank: 40 gallon rear mounted, driver's side filler extension DEF Tank: Transmission:Ten speed automatic Chassis PTO Output:The chassis transmission shall be equipped with the factory PTO output provision. Skeeter Brush Trucks Page 3 Pate 141/ of 1299 Steering: power steering system Batteries:two(2) 78 amp-hr 750CCA 12-volt batteries Alternator: single 220 amp 12 volt Cab Construction: XL Series four(4) door aluminum construction, sun visors,tinted glass, roof clearance lights, grab handles interior Mirrors: black manually telescope fold-away in/out for view adjustment. Air bags front and air curtains side Climate Controls: controls for heat, defroster, and air conditioning Window and Door Controls: manual Air Bags: driver's and passenger's front, seat side, and side curtain Cab Instruments: standard type, six(6) rocker switches Drivers and Passenger Seat: 40/20/40 vinyl bucket type seats with three (3) point safety harness. center flip down seat back. Split fold down rear seats Printed Manuals: one (1) printed chassis operation manual Cab Accessories:AM/FM radio,two radio speakers and antenna Operator Controlled Manual Regen System Jack and Lug Wrench Set Color: Ford Vermilion Red 203807.1 - 60" CAB TO AXLE The chassis Cab to Axle measurement shall be 60". 100037.1 - POWER PACKAGE The chassis shall be equipped with power locks,windows, and heated power mirrors. 203918.1 - FLEET/GOVERNMENT INCENTIVE DISCOUNT ***NOTE***Pricing quoted is contingent upon the end user(customer)filing for and receiving OEM Fleet/Government Pricing Number. ***FAILURE BY THE CUSTOMER TO RECIEVE THE OEM FLEET/GOVERNMENT PRICING NUMBER WILL RESULT IN FULL LIST PRICE BEING CHARGED FOR THE CHASSIS*** 100046.1 - CHASSIS SUSPENSION SYSTEM A 6" heavy duty, 4 link, off road suspension lift kit with heavy-duty off road shocks shall be installed on the Ford chassis.The system is designed to significantly increase wheel travel, in addition to giving the chassis increased ground clearance. NOTE:THE END USER MUST BE AWARE THAT LIFTING THE CHASSIS AND ADDING LARGER TIRES WILL ALTER THE VEHICLES CENTER OF GRAVITY.THIS WILL AFFECT THE VEHICLES HANDLING CHARACTERISTICS. IN ADDITION,THE LARGER TIRES WILL AFFECT STOPPING DISTANCE.THE SYSTEM IS NOT RECOMMENDED FOR VEHICLES THAT OPERATE PRIMARILY IN AN ON ROAD ENVIRONMENT.THE SYSTEM IS HIGHLY RECOMMENDED FOR VEHICLES THAT OPERATE IN OFF ROAD OR ROUGH TERRAIN ENVIRONMENTS. DUE TO THE LARGER TIRES A VEHICLE SPEED SENSOR CALIBRATOR WILL BE INSTALLED TO RE-CALIBRATE THE SPEEDOMETER TO ACCOMMODATE THE LARGER TIRES. Skeeter Brush Trucks Page 4 Pa 211J1 5 of 1299 TURNING RADIUS MAY BE REDUCED (if needed) 1-3 DEGREES TO PREVENT TIRE RUB. 100048.1 - FRONT AND REAR SUPER SINGLE TIRES AND WHEELS There shall be four(4)super single front and rear tires,There shall be 335/80R20 22PR, severe service radial all terrain tread.The tire weight rating shall be load range "M" (22 ply, 6780 lbs), and the speed rating shall be "K" (68 mph). There shall be four(4)wheels for the front and rear tires.There shall be 20" x 11.00" disc,ten (10)-hole pattern special order for Military/Government on/off road application with a rating to match or exceed the tire rating. 100052.1 - NO SPARE TIRE No spare tire shall be supplied. 100057.1 - SPARE TIRE MOUNT There shall be no spare tire mount 100062.1 - FRONT BUMPER The factory bumper shall be removed and replaced with a custom fabricated, heavy duty aluminum bumper and grille guard protection assembly. BUMPER SHALL BE DA FINISH 100058.1 - REAR MUD FLAPS The chassis shall be supplied with mud flaps with the manufacturer's logo.The mud flaps shall be installed behind the rear wheels. 100063.1 - FRONT BUMPER SKID PLATE 1/4" A 1/4" (0.25") aluminum skid plate will be installed from the bumper area extending below the bumper and chassis radiator area. 100111.1 - CAB STEPS The cab shall be equipped with steel step assemblies, on each side of the cab.There shall four(4) stirrup steps mounted two (2)each side on the cab steps.They shall be installed in the best location to allow easy access to the cab. 100086.1 - CUSTOM FABRICATED CONSOLE AND SWITCH PANEL A custom fabricated poly (plastic)electrical console and enclosure shall be located between the driver's and passenger's seats. It shall house the siren, switches, cup holder, and auxiliary equipment. 100543.1 - 12 VOLT POWER SOURCES Three (3) 12 volt plug-in utility power outlets rated at 15 amps shall be provided in cab. LOCATIONS: Determined at preconstruction. 100081.1 - WINCH -- FRONT MOUNTED A Warn Winch Company Model M15000 PN47801 15,000# capacity 12-volt electric powered winch shall be permanently installed at the front center bumper extension area .The unit shall include the following: a) 3.86 feet per minute pulling speed at 15,000# rated load b) 440 amps at full capacity c) Cable roller guide assembly d) 90 feet of 7/16" diameter galvanized cable and hawse fairlead &safety hook assembly shall be supplied. e)Winch speed shall be constant with forward and reverse modes controlled with a push button device at the end of a 12 feet(12') minimum control cable which connects to the winch through a weatherproof receptacle. 100178.1 - REAR RECEIVER The rear of the chassis shall be equipped with one (1) square steel tube receiver assembly for high or low angle rescue, trailer use, and winch applications. It shall be the same size as a Class III trailer hitch and shall be attached to the chassis frame assembly.The receiver shall be rated at approximately 10,000#. The rear reciever assembly shall be equipped with two (2) heavy duty rear tow loops, one (1) each side. Skeeter Brush Trucks Page 5 Pa 251J1 of 1299 100550.1 - FIRE PUMP SPECIFICATIONS A Darley model number 2 BE 18 Vanguard gasoline powered centrifugal pump shall be Installed.The medium pressure, high volume pump, direct drive, engine mounted shall meet the following performance requirements: 375 GPM @ 25 PSI 300 GPM @ 45 PSI 100 GPM @ 140 PSI Pump Design Pump casing shall be of anodized aluminum and vertically split, with a minimum tensile strength of 33,900 PSI - bronze- fitted. Pump ratio to be selected by the manufacturer's Engineering Department. Seal rings shall be renewable, double labyrinth,wrap around bronze type. Bearings are to be heavy duty, deep groove, radial-type ball bearings, oversized for long life. Bearings to be protected at all openings from road dirt and water splash with oil seals and water slingers. The pump unit shall be supplied with a control panel for remote mounting, panel light, hour meter/tachometer, pressure gauge, on/off ignition switch, and a low oil pressure light, engine choke, engine throttle Mechanical Seal The pump shall be furnished with a Darley maintenance free mechanical seal.The mechanical seal shall be a non- contacting, non-wearing seal design. Seal shall be a Silicon Carbide Mechanical seals with welded springs.The stationary face of mechanical seals shall be made from Silicon Carbide, and be extremely hard and of a heat dissipative material,which resists wear and dry running damage much better than conventional Ni-resist and Tungsten Carbide materials Pump Shaft Pump drive shaft shall be precision ground, heat treated alloy steel,with a 1-3/8 spline. Gears shall be helical design, and shall be precision ground for quiet operation and extended life.The pump shaft shall be splined to receive broached impeller hubs,for greater resistance to wear,torsional vibration, and torque imposed by engine, as well as ease of maintenance and repair. Pump shaft to be precision-ground 416 stainless steel. Impeller The impeller shall be a high strength bronze alloy, splined to the pump shaft for precision fit, durability, and ease of maintenance. Impeller shaft oil seals shall be constructed to be free from steel components except for the internal lip spring.The impeller shaft oil seals shall carry a lifetime warranty against damage from corrosion from water and other fire-fighting fluids. Exhaust-Type Primer The mufflers are coated with High Temp Powder Coat.The primer bodies are bronze with stainless steel components.The outlet of the primer is equipped with a 1.5" male NPT. Is easily operated via push-pull control wire connected to an internal butterfly valve.The venturi components are sized for the most efficient priming time and height possible utilizing the exhaust pressure available from the engine. Significantly lighter than a 12V electric primer.Requires much less physical effort by the operator than a mechanical hand primer. Dimensions&Weight 27"L x 21"W x 25"H, 145lbs (66kg) Suction A�60-600 3" NPTF Discharge A�60-600 (2) 1.5" NPTF and (1) 2.5" NPTF Documentation Pump Warranty/Guarantee to be included with each proposal. Pump warranty shall be for three (3)years or 3,000 hrs. Additional details about the warranty can be found in the Skeeter user's manual of this vehicle. Engine The pump shall be powered by an 18 horsepower, Briggs and Stratton Vanguard gasoline engine with a 16 amp regulated alternator and 12 volt electric starter with a backup recoil starter.A 6 gallon plastic fuel tank shall be supplied. 100272.1 - STAINLESS STEEL PLUMBING SYSTEM The auxiliary fire pump plumbing system shall be built mostly of stainless steel piping,fittings, and connections.Victaulic Skeeter Brush Trucks Page 6 Pa 21161 of 1299 couplings shall be installed to permit flexing of the plumbing system and allow for quick removal of piping or valves for service.Tank connections and remote plumbing shall use high-pressure flexible piping. Flexible hose couplings shall be threaded stainless steel or Victaulic connections. 100285.1 - VALVES All valves used in the plumbing installation shall be stainless steel quarter turn full flow type. The plumbing installation shall include quarter turn ball valves with local "on-valve" handle control,with custom embossed labeling for each valve. 100483.1 - HOSE THREADS The hose threads shall be National Hose Standard (NH)on all base threads on the apparatus intakes and discharges, unless otherwise specified. 100263.1 - EXHAUST SYSTEM The auxiliary fire pump and engine assembly shall have a muffler and vertical exhaust pipe.The exhaust pipe shall be directed upward and away from the pump operator.A rain cap will be installed on the vertical exhaust outlet. 100265.1 - PUMP CONTROL PANEL ENCLOSURE A pump panel enclosure shall be installed.The enclosure shall be fabricated of.125" aluminum with a DA finish, bolted in place with a pump instrument panel installed. An engine and pump control panel shall be installed in the pump panel enclosure.The following shall be on the pump panel: 2.5" discharge pressure gauge start/stop control throttle control low oil pressure warning light The pump control panel shall be installed at the passenger's side rear corner of the body. 100418.1 - REMOTE PUMP CONTROL PANEL IN CAB, GAS PUMP The cab shall be equipped with secondary remote electrically controlled pump instrument control in the cab.There shall be a remote pressure gauge, start/stop switch, and electronic throttle control. In addition,there shall be a remote control key FOB that will control the pump throttle from up to 200' away from the apparatus. NOTE: ***GAS PUMPS ONLY*** 100268.1 - FUEL TANK A remote fuel tank shall be installed for the auxiliary fire pump assembly at the rear of the apparatus.The fuel tank shall be mounted in a bracket.The fuel tank shall have capacity of approximately six (6) gallons.There shall be a fuel hose with plug in connections furnished between the fuel tank and carburetor assembly for the auxiliary pump. 100256.1 - ELECTRIC START WIRING TO CHASSIS The 12 volt positive and negative cables shall be provided from the chassis battery to the fire pump area,wired through the master disconnect solenoid system.The cables shall have a circuit breaker installed at the chassis battery. 100474.1 - AUXILLIARY FIRE PUMP MOUNTING PROVISIONS The auxiliary fire pump shall be installed at the center rear of the body.The sub-structure shall have welded in mounting sub-plates between the structural members. 100254.1 - PUMP ENGINE OIL DRAIN The fire pump engine shall have an oil drain line installed. It shall allow for easy oil draining. 100253.1 - FIRE PUMP MASTER DRAIN The fire pump shall have a master drain at the bottom of the water pump housing. Skeeter Brush Trucks Page 7 Pa 21161 I of 1299 100273.1 - FRONT BUMPER MANIFOLD SUPPLY There shall be an 1.5" stainless steel valve,with a flexible supply hose installed to feed the front discharge manifold. 100270.1 - 2-1/2" GATED INTAKE -- REAR One (1) 2-1/2" gated suction intake shall be installed on rear area to supply the fire pump from an external water supply. The valve shall be controlled with a direct quarter-turn ball valve control handle and shall have 2-1/2" NH female thread with removable screen with plug. 100284.1 - TANK TO PUMP LINE INSTALLATION The 3" tank to pump line shall be installed with a flexible hump hose connection and stainless steel clamps to the water tank.The 3" valve shall be controlled with a manually operated handle directly on the valve. 100281.1 - WATER TANK FILL AND COOLING LINE One (1) 1" fire pump to water tank refill and bypass cooler line shall be provided.The pump to tank valve shall be a 1" full flow quarter turn ball valve with local control handle.A 1" flex hose shall be installed to the water tank. 100278.1 - 3/4" GARDEN HOSE DISCHARGE -- REAR One (1) .75" garden hose discharge shall be installed on the rear pump area, controlled by a quarter turn ball valve with local control handle.The discharge shall have a .75" male garden hose threads and cap. 100274.1 - 2-1/2" DISCHARGE -- REAR One (1) 2-1/2" discharge shall be installed at the rear pump area, controlled by a quarter turn ball valve.The discharge shall have 2-1/2" NH male hose threads.The discharge shall be equipped with 2-1/2" female x 1-1/2" chrome plated brass reducer, 1-1/2" chrome cap and chain. 100277.1 - 1-1/2" PRE-CONNECT DISCHARGE -- REAR HOSEBED One (1) 1-1/2" pre-connect discharge shall be installed on the rear hosebed, controlled by a quarter turn ball valve with direct local control handle in pump area.The discharge shall have 1-1/2" NH male hose threads. The valve shall be on the manifold,with a feed line to the rear of the tray. 100426.1 - 1" FRONT BUMPER DISCHARGE -- RIGHT SIDE One (1) 1" discharge shall be piped to the front bumper area, located on the right side area.The discharge shall be piped with flexible 1" hose.The outlet shall terminate with stainless steel or chrome plated brass chicksan swivel outlet with 1" male threads.Two(2) 1" manually operated quarter turn ball valves shall be installed, one (1) at the bumper area and one (1) rear manifold area,with nameplate label provided at valve control area. FRONT WHIP LINE HOSE One (1) 1" x 10 ft 300#working pressure whip line hose shall be installed for the front bumper discharge line. 100643.1 - HOSE REEL One (1) Hannay aluminum hose reel shall be installed.The reel shall have leak proof ball bearing swing joint, adjustable friction brake, electric 12 volt rewind and manual crank rewind provisions. The reel shall be mounted above the water pump and plumbing, center of the rear flat-bed body.There shall be a custom aluminum platform to support it. 100291.1 - REEL CAPACITY Each hose reel shall have a capacity of 200 feet of hose. 100295.1 - HOSE REEL DISCHARGE One (1) 1" discharge shall be piped from the fire pump to each hose reel with flexible high pressure hose.The quarter turn ball valve shall be on manifold. 100302.1 - NOZZLE MOUNT Each 1" flexible hose discharge shall have a nozzle bracket installed to hold the nozzle in place. 100297.1 - HOSE REEL HOSE Skeeter Brush Trucks Page 8 Pa 21161 of 1299 One (1) 150'foot length of 1"water hose shall be installed on the hose reel.The hose shall be equipped with NH threaded couplings and have a 300 PSI working pressure. 100303.1 - HOSE REEL ROLLER Each hose reel shall be provided with a Hannay top mounted stainless steel roller assembly. 100280.1 - GROUND SWEEP DISCHARGES -- FRONT BUMPER Two (2) ground sweep discharge nozzles shall be installed, one each side of the front bumper. Each nozzle shall have a 1" electric control valve, switched independently in the cab.The discharges shall be equipped with removable ground sweep nozzles angled accordingly with a 180 degree total front sweep pattern.The flow rate shall be 15-30 gpm. Each nozzle shall have a custom fabricated brush guard installed to protect from damage when off road.The valves and manifold shall be protected from damage by the front bumper and skid plate. One (1) 1.5" front bumper ground sweep discharge shall be piped to the front bumper area.The discharge shall be controlled by a 1.5" manual override valve at the rear pump area. Flexible 1.5" diameter high pressure hose shall be provided from the pump to the sweep nozzles with low point drains where necessary. 100279.1 - FRONT BUMPER MONITOR One (1)Akron 3462 Forestry Monitor with quick disconnect(34621103, FM 2NPTX1.5NH, 12V, 125NZ,JY, QD,VLV, RED)shall be installed.The remote monitor shall be located on the front bumper of the apparatus.The monitor shall be an all-electric single waterway monitor constructed of lightweight Pyrolite,with a 2" electric valve. The monitor shall have a fully enclosed 12-volt motor and gears with a manual override for both horizontal and vertical rotation and may be operated simultaneously.The vertical travel shall be from 45-degrees below to 90-degrees above horizontal with adjustable stops at-20 degrees and +45 degrees.The horizontal rotation shall be 320-degrees with adjustable stops at+-90-degrees. The logic box shall include coated, solid state components to resist water corrosion.The control joystick shall control the vertical and horizontal rotation of the monitor and the pattern of the nozzle. The nozzle shall be 30-125 gpm adjustable. The Akron monitor shall include a weather-tight enclosure and joystick controls mounted on the center cab console area.The joystick control shall include a valve trigger and following controls functions: Water Valve: ON/OFF Monitor: RIGHT/LEFT Monitor: UP/DOWN Pattern Control: STRAIGHT/FOG 100226.1 - WATER TANK GAUGES One (1) Class 1 "Intelli-Tank" water tank level gauge shall be installed on pump panel.The tank level gauge shall indicate the liquid level on an easy to read LED display and show increments of 1/8 tank.A pressure transducer shall be mounted on the outside of the tank in an easily accessible area. CAB MOUNTED - One (1) Class 1 112124 "Intelli-Tank" mini water tank level gauge shall be installed in the cab or center console.The tank level gauge shall indicate the liquid level on an easy to read LED display and show increments of 1/4 tank. 100200.1 - WATER TANK SPECIFICATIONS The water tank shall have a capacity of 400 gallons. 100203.1 - TANK BUILD SPEC The water tank shall be constructed of black polypropylene, poly-welded and tested inside and out.The tank manufacturer shall define the floor,top, sides, ends, and baffles material thickness.The tank shall carry a lifetime warranty. The transverse and longitudinal swash partitions shall be interlocked and welded to each other as well as to the walls of the tank.The partitions shall be designed and equipped with vent holes to permit air and liquid movement between compartments.The tank covers shall be welded on top and bottom, and the transverse partitions, providing rigidity during fast fill operations. Drilled and tapped holes for lifting eyes shall be provided in the top area of the water tank. Skeeter Brush Trucks P°9e.9 P.21161.1 of 1299 The water tank manufacturer shall certify the capacity of the water tank prior to delivery of the apparatus.This capacity shall be recorded on the manufacturer's data plate. 100205.1 - NFPA COMPLIANCE The water tank construction shall conform to applicable NFPA standards. 100207.1 - FILL TOWER LOCATION The tank fill tower shall be located in the driver's side rear corner of the water tank. 100209.1 - VENT AND OVERFLOW The fill tower shall incorporate a vent and overflow system shall be designed into the water tank.The system shall include a 3" diameter pipe that functions both as an air vent while emptying the tank and as an overflow when filling the tank.The overflow shall discharge excess water below the frame rails of the vehicle. 100215.1 - PUMP TO TANK CONNECTION An 1-1/2" connection shall be provided on the water tank for connection of the discharge side of the pump to the tank for filling purposes.The valves and hose required to complete this connection shall be supplied by the final assembler. 100216.1 - WATER TANK DRAIN PLUG A 1.5" drain plug shall be installed in the bottom of the water tank under P/S wheel well for water tank draining and flush-out of debris. 203917.3 - CUSTOM RESCUE SQUAD ALUMINUM BODY, DA FINISH The body will be a custom fabricated severe service Rescue-Squad type, constructed of all aluminum.The body shall be 114" long by 96" wide, designed for a 60" cab to axle dimension. The exterior surface of all body skins, compartments, and trays shall all be smooth DA aluminum finish.The surface shall be prepped, cleaned, and sanded in a small swirl finish. FLAT-BED SUB-STRUCTURE The body shall have 6"x 1.75" structural aluminum channel main frame rails.The body frame rails shall be isolated from the truck frame by .500" industrial isolators. FLAT-BED CROSS-MEMBER SUB-STRUCTURE The cross-members shall be 3" x 2 5/16"" structural aluminum I beams with cross-members on 12" centers. FLAT-BED MOUNTING The body shall be bolted to the chassis frame rails at the rear end of the frame.There shall be brackets installed at the middle of the body frame to prevent side to side movement.The body shall be spring mounted at the front of the body frame.The flexible mounting system shall allow for body/chassis flexing during extreme off road conditions. SQUARE CORNERS--FLAT-BED The front corners of the flat-bed body shall be square. HEADACHE RACK The front of the body shall have a 2" formed aluminum tube headache rack.The rack shall extend the full width of the body and be attached to the front body corners.The assembly shall extend above the chassis cab and have mounting platform for installation of the light bar and two work lights.Wiring for the lights will be placed inside the tubing for protection.The headache rack shall have four(4)vertical 2"tubes for extra strength. FUEL FILLER The fuel filler tube and cap shall be installed at the driver's side, rear of the body. FENDER PANELS The lower portion of the flat-bed body shall have fender panels over and aft of the rear wheel panel area.The panels shall be constructed of.125" aluminum smooth plate on all exterior surfaces.The wheel well openings will be cut out to conform to the wheels. REAR BODY PANEL A vertical body panel shall be installed at the rear of the body constructed of.190" smooth aluminum.The panel shall house Skeeter Brush Trucks Page 10 Pa 21166I of 1299 the running lights,taillights, back-up lights, and emergency lights.The body panel shall be angled to allow for a 30 degree angle of departure. SIDE BODY COMPARTMENTS, FRONT BODY--DRIVER'S AND PASSENGER'S SIDES Two (2) body equipment storage compartments shall be installed at the front of the body just behind the headache rack, one (1)each side of the apparatus.The dimensions shall be approximately: 30" wide, 50" high, and 22" deep.The compartments shall be constructed of.125" aluminum smooth plate on all exterior surfaces. Each compartment shall be equipped with a vertically hinged door with a single latch installed.The doors shall be equipped with gas operated door opening assistant cylinders. TRANSVERSE COMPARTMENT The upper portion of the front vertical compartments shall be transverse.The dimensions shall be 30"wide x 30" high x 96" deep. SIDE UPPER BODY COMPARTMENTS There shall be two(2)side upper body compartments, one (1) each side.The dimensions shall be approximately: 48" wide, 30" high, and 22" deep.The compartments shall be constructed of.125" aluminum smooth plate on all exterior surfaces. Each compartment shall be equipped with dual horizontally hinged doors with a dual latches installed.The doors shall be equipped with gas operated door opening assistant cylinders. SIDE BODY COMPARTMENTS, REAR BODY-- DRIVER'S AND PASSENGER'S SIDES Two (2) body equipment storage compartments shall be installed at the rear of the body just behind the side upper body compartments, one(1)each side of the apparatus.The dimensions shall be approximately: 32"wide, 50" high, and 22" deep.The compartments shall be constructed of.125" aluminum smooth plate on all exterior surfaces. Each compartment shall be equipped with a vertically hinged door with a single latch installed.The doors shall be equipped with gas operated door opening assistant cylinders. Each vertical compartment shall have one(1)fixed shelf.The compartment floors shall be lined with turtle tile. 203934.2 - ADJUSTABLE SHELF (Qty: 2) There shall be two(2)adjustable shelfs located in the rear compartments, one (1).The compartments shall be constructed of.190 smooth aluminum.There shall be adjustable tracking mounted to the wall of the compartment to allow height adjustment of the shelf.The shelf shall be no larger than 4 feet wide by 2 feet deep.The tracking shall be as long as possible to allow for max adjustment range of shelf. 100462.1 - TOOL STORAGE TRAY/TRANSVERSE -- FRONT OF TANK, ABOVE A tool storage compartment shall be installed in front of the water tank, above the lower compartments.The dimensions shall be approximately: 86" long, 18" wide, 16" high.The compartment shall be constructed of.125" aluminum on all exterior surfaces.The compartment shall be equipped with hinged aluminum lid with latches installed.The hinge shall be at the front of the compartment, near the headache rack.There shall be two(2)gas struts to hold the lid open.The tray shall have turtle tile installed on the bottom. 100159.1 - UNDER BODY COMPARTMENT -- REAR CENTER An under body equipment storage compartment shall be installed under the flatbed surface located in the center rear of the apparatus.The compartment shall be between the vertical body beams, upper floor surface, and an aluminum lower floor area.The compartment shall be equipped with a hinged drop down door with dual latches installed. The exterior dimensions shall be approximately: 108"for a 114"L bed 120"for a 138"L bed 100166.1 - REAR SLIDE-OUT TRAY The rear center compartment shall be equipped with an .190" aluminum slide out tray on UHMW plastic slide pads and poly rollers.The tray shall be full width and full length of the compartment interior. 100164.1 - DOOR AJAR LIGHT A"door ajar" warning light shall be installed on the center console.The light shall be flashing red LED light with a clear lens. The door ajar light shall be activated by door ajar switches installed on every compartment door. Skeeter Brush Trucks Page 11 Pa 21161 of 1299 203849.1 - DOOR AJAR ALARM There shall be an audible alarm that sounds when a compartment door is open. Location: Center Console 100169.1 - HOSE TRAY -- DRIVERS SIDE A hose storage tray shall be installed over the driver's side equipment compartment, on the driver's side of the apparatus. The exterior dimensions shall be approximately: 16" wide, 8" high, and 72" long.The hose tray shall be constructed entirely of.125" aluminum on all exterior surfaces.The assembly shall be equipped with a hinged lift up aluminum door on top, enclosed front panel, and open rear area.There shall be a set of gas shocks installed on the lid of the tray to aid in opening and closing the tray in a safe manner.The hose tray shall be equipped with Turtle Tile floor covering. The actual door opening shall be approximately 3" smaller in dimension. 100382.1 - TOOL STORAGE TRAY/COMPARTMENT - PASSENGER SIDE A tool storage compartment shall be installed over the passenger's side equipment compartment, on the passenger's side of the apparatus.The exterior dimensions shall be approximately: 16" wide, 8" high, and 72" long.The compartment shall be constructed of.125" aluminum on all exterior surfaces.The compartment shall be equipped with a hinged lift up aluminum door with a latch installed.There shall be a set of gas shocks installed on the lid of the tray to aid in opening and closing the tray in a safe manner.The compartment shall be equipped with Turtle Tile floor covering. The actual door opening shall be approximately 3" smaller in dimension. 100180.1 - REAR PULL OUT STEP There shall be a rear"Pull-Out-Fold-Down" step located at the driver's side rear of the apparatus, step shall be stowed in a pocket under the rear of the unit. Storage pocket shall be fabricated to allow easy access to deploying for operation. 100181.1 - FOLDING STEP A Signature 4 lighted 8" square folding step of die cast zinc shall be installed.The step shall comply with NFPA non-slip standards and shall be installed on the rear driver's side of the body.The step shall be equipped with lighting to NFPA standard. 100692.1 - SIDE BODY ACCESS STEPS There shall be a body access step assisting in access to top of the tool/hose trays from the side of the apparatus. It shall be a stirrup design, and be fabricated from 1" aluminum tubing.They shall be installed under the front of the body, one (1)each side. 100325.1 - ELECTRICAL ENCLOSURE An electric wiring enclosure for the 12 volt wiring shall be installed in the forward wall of the driver's side upper body compartment with an access panel.The dimensions of the enclosure shall be approximately 20" high, 14" wide, and 4" deep. 100326.1 - 12 VOLT ELECTRICAL SPECIFICATIONS The following describes the low voltage electrical system on the apparatus including all panels, electrical components, switches and relays, wiring harnesses and other electrical components.The apparatus manufacturer shall conform to the latest Federal DOT standards, current automotive electrical system standards and the applicable requirements of the NFPA. Wiring shall be stranded copper or copper alloy conductors of a gauge rated to carry 125 percent of the maximum current for which the circuit is protected.Voltage drops shall not exceed 10 percent in all wiring from the power source to the using device.The wiring, wiring harness and insulation shall be in conformance to applicable SAE and NFPA standards.The wiring harness shall conform to SAE J-1128 with GXL temperature properties. Exposed wiring shall be run in a loom with a minimum 289 degree Fahrenheit rating.Wiring looms shall be properly supported and attached to body members. Electrical conductors shall be constructed in accordance with applicable SAE standards, except when good engineering practice requires special construction. All wiring connections and terminations shall provide positive mechanical and electrical connections and be installed in accordance with the device manufacturer's instructions.When wiring passes through metal panels, electrical connections shall be secured with mechanical type fasteners and rubber grommets Wiring between cab and body shall be split using connectors or enclosed in a terminal junction panel allowing body removal with minimal impact on the apparatus electrical system. Connections shall be crimp-type with heat shrink tubing with Skeeter Brush Trucks Page 12 Pa 21161 of 1299 insulated shanks to resist moisture and foreign debris such as grease and road grime.Weather resistant connectors shall be provided throughout the system. Electrical junction or terminal boxes shall be weather resistant and located away from water spray conditions.When required, automatic reset breakers and relays shall be housed in the main body junction panel. There shall be no exposed electrical cabling, harnesses, or terminal connections located in compartments, unless enclosed in an electrical junction box or covered with a removable electrical panel.Wiring shall be secured in place and protected against heat, liquid contaminants and damage. Low voltage overcurrent protective devices shall be provided for the electrical circuits.The devices shall be accessible and located in required terminal connection locations or weather resistant enclosures. Overcurrent protection devices shall be automatic reset type suitable for electrical equipment and meet SAE standards.All electrical equipment, switches, relays, terminals, and connectors shall have a direct current rating of 125 percent of maximum current for which the circuit is protected. Electro-magnetic interference suppression shall be provided in the system as required in applicable SAE standards. The electrical system shall include the following: Electrical terminals in weather exposed areas shall have a non-conductive grease or spray applied.All terminal plugs located outside of the cab or body shall be treated with a corrosion preventative compound. All electrical wiring shall be placed in a protective loom or be harnessed. Exposed connections shall be protected by heat shrink material and sealed connectors. Large fender washers shall be used when fastening equipment to the underside of the cab roof and all holes made in the roof shall be caulked with silicone. Electrical components installed in exposed areas shall be mounted in a manner that will not allow moisture to accumulate inside. A coil of wire must be provided behind an electrical appliance to allow them to be pulled away from mounting area for inspection and service work. All lights in a weather exposed area that have their sockets shall have corrosion preventative compound added to the socket terminal area. 100327.1 - ELECTRICAL HARNESS AND WIRING All wiring shall be hidden, enclosed, or protected under the body in protective material, or within the apparatus body components. In addition, split loom conduits shall be installed and enclosed, suitably secured and protected against heat and physical damage. 100090.1 - BATTERY MASTER DISCONNECT A battery disconnect system shall be installed to control the 12 volt power supply from the battery system to the body and cab final stage manufacturer installed equipment.The solenoid shall be controlled by the standard key starter switch. 100328.1 - DOT IDENTIFICATION LIGHTS All LED identification lights shall be installed on the vehicle as required by applicable highway regulations. 100329.1 - LICENSE PLATE MOUNTING An LED license plate light shall be installed on the rear vertical wall of the body. 100330.1 - BRAKE, TURN, TAIL LIGHTS Two (2)Whelen M6 Series Model M613TT 4-5/16" x 6-3/4" brake,turn,tail lights with M6FC chrome flanges shall be provided. The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead configuration shall consist of 18 red Super-LEDs and a clear optic polycarbonate lens.The lightheads shall be surface mountable via two screws. The lightheads shall utilize an optic collimator and a chrome vacuum metalized reflector for maximum illumination.The lighthead shall include 164 flash patterns including: a variety of CA Title 13 compliant, sinkable, left/right,top/bottom, in/out, and steady burn.The lightheads shall have the Whelen exclusive NERM (Non-Emergency Recognition Mode)feature. The lens/reflector assembly shall be wet sealed and resistant to:water, moisture, dust, and other environmental conditions. The outer lens shall have a hard coating applied to increase strength and ensure longevity.The light engine shall be installed at the rear of the unit and be completely sealed.The pc board shall be conformal coated for additional protection. The lights shall be furnished with five 6" wire pigtails, a Santoprene rubber gasket and the#M6FC chrome flanges shall be Skeeter Brush Trucks Page 13 Pa 21161 of 1299 included for installation. 100331.1 - BACK-UP LIGHTS Two (2)Whelen M-Series, 4" x 6" rear LED back-up lights shall be installed. 100096.1 - TRAILER PLUG Wiring shall be provided at the rear of the apparatus for the towing of an auxiliary trailer.A 12 volt seven (7) pin electrical connector shall be wired to the chassis stop, running, and turn lights. 100067.1 - OFF ROAD LIGHTS No off road lights shall be installed. 100070.1 - NO BUMPER GROUND LIGHTS There shall be no under bumper ground lights installed. 200312.1 - GROUND LIGHTS, CAB, 4 DOOR, LED STRIPS Four(4) LED ground strip lights shall be installed under the cab step area in compliance with NFPA standards,two (2)on each side of the apparatus, wired to the Cencom, and the chassis interior lights. 100183.1 - GROUND LIGHTS - UNDER REAR STEP Two (2) ground lights shall be installed under the rear step area, one on each side of the apparatus.They shall have an aluminum housing, and be 800 lumes at 1.4 amps. 100184.1 - BODY WORK LIGHTS Four(4) Grote#63871 LED body work lights with clear lens shall be installed,wired to switch on the Cencom.They shall have an aluminum housing, and be 800 lumens at 1.4 amps. Location shall be: in each corner of the protective tubing assembly to light the pump panel and the front body walkway area. 100322.1 - SCENE LIGHTS Six (6) Rigid Manufacturing Dually 20211 scene lights shall be installed.The LED scene lights shall incorporate clear LED's with a clear optic polycarbonate lens for maximum illumination. Location shall be:Two (2)outward facing, each side of body,two (2) rear facing. 100323.1 - MONITOR SPOT LIGHT A Rigid Manufacturing Dually 20121 (single)spot/flood light shall be installed.The LED light shall incorporate clear LED's with a clear optic polycarbonate lens for maximum illumination. Location shall be: On the front monitor 100503.1 - DIGITAL TILT METER An electronic tilt meter shall be installed on the dashboard.The unit shall indicate the degree of side slope the vehicle is on. It shall also include a GPS speedometer. 100107.1 - BACK-UP CAMERA SYSTEM One (1) Rear View Systems camera system shall be furnished utilizing a camera which provides a wide field of view and picture quality.A sealed camera enclosure shall be utilized along with electronic connections.The color monitor shall be installed in cab. One (1) camera shall cover the rear of the apparatus,which will activate during back-up mode and during normal operations if needed. Location: 100099.1 - RADIO INSTALLATION One (1)fire radio, one (1)faceplate (if applicable)and one(1)speaker shall be supplied by the purchaser to be installed. Skeeter Brush Trucks Page 14 Pa 21161 S of 1299 THIS OPTION DOES NOT INCLUDE INSTALLATION OF ANTENNAS, CABLES, OR MDT/MCT. ALL EQUIPMENT NECESSARY TO INSTALL/OPERATE A CUSTOMER SUPPLIED RADIO MUST BE PRESENT AT SKEETER BRUSH TRUCKS 60 DAYS PRIOR TO PRODUCTION. IF ALL COMPONENTS ARE NOT PRESENT THE RADIO WILL NOT BE INSTALLED 100620.1 - INSTALLATION -- RADIO ANTENNA One (1) radio antenna with cable shall be supplied by the purchaser and installed on the apparatus at a location to be determined by the purchaser. THIS OPTION DOES NOT INCLUDE INSTALLATION OF RADIOS, OR MDT/MCT. ALL EQUIPMENT NECESSARY TO INSTALL/OPERATE A CUSTOMER SUPPLIED ANTENNA MUST BE PRESENT AT SKEETER BRUSH TRUCKS 60 DAYS PRIOR TO PRODUCTION. IF ALL COMPONENTS ARE NOT PRESENT THE ANTENNA WILL NOT BE INSTALLED 100324.1 - BACK-UP ALARM One (1) back up alarm shall be installed. 203773.1 - ELECTRONIC SIREN One (1)Whelen, Model #CCSRNT4G CenCom Carbide siren with auxiliary switches with noise canceling microphone shall be provided. Siren head will be mounted on the center console in easy reach of the driver. 100313.1 - SIREN SPEAKER One (1)Whelen Model #SA315P Projector Series siren speaker shall be provided with bracket.The 100 watt siren speaker shall be designed in a black nylon composite housing with 123 decibel rating. Location shall be: Behind the front grille. 100310.1 - MOUNTING OF LIGHT BAR WITH PROTECTIVE GUARD The lightbar shall be mounted on the headache rack shelf with an aluminum brush guard protective assembly. 100309.1 - LIGHTBAR A Whelen Legacy low profile Super-LED NFPA lightbar shall be installed.The 54" lightbar shall be designed to meet the minimum clearing requirements for Zone A Upper.The internal components of the lightbar shall be housed within a two piece extruded aluminum base/top.The outer shell shall be clear optic polycarbonate lenses designed to maximize light output and shield against environmental elements. The lightbar shall utilize snap-in brackets to hold in the lightheads.The brackets shall give the end user the ability to make quick repairs.The lightbar shall have all solid state components.The lightbar shall have two wire harnesses exiting the unit: one(1) 17 conductor 22 gauge control cable which controls all internal light functions; and one(1)2 conductor 10 gauge cable for main power and ground. Each cable shall be 15' long. The lightbar shall have four(4) red Linear Super-LED corner modules to provide off angle protection for the front and rear of the vehicle. Each corner module shall consist of twelve(12) Super-LEDs mounted within a vacuum metalized parabolic reflector.The corner module shall also utilize an optic collimator for maximum light output.The twelve (12) LEDs shall be mounted in one straight line. The solid state 1/0 board shall be microprocessor controlled.The 1/0 board shall have built-in reverse-polarity protection and output-short protection.The board shall have the ability to flash sixteen (16) LED warning lights.There shall be a data bank of 13 Scan-Lock flash patterns including steady burn.The board shall also have outputs to add takedown and alley lights. Low power and cruise light function shall also be included.The cruise light function shall allow the user to employ the four (4)corner modules as marker courtesy lights. The lightbar shall include clear"Take Down" and "Alley Lights". The lightbar shall have an amber"Traffic Advisor" built into the rear portion of the lightbar. 100315.1 - NFPA WARNING LIGHTS ZONE A--LOWER FRONT WARNING LIGHTS Two (2)Whelen M-7 Series Model #M7RC 3" x 7" warning lights with chrome flanges shall be in the front forward facing area of the front bumper.The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead Skeeter Brush Trucks Page 15 Pa 25161 of 1299 configuration shall consist of RED 18 Super-LEDs and a clear optic polycarbonate lens.The lightheads shall be surface mountable via two screws.The lightheads shall utilize an optic collimator and a chrome vacuum metalized reflector for maximum illumination. ZONE B AND D -- INTERSECTION LIGHTS Two (2)Whelen M-7 Series Model #M7RC 3" x 7" warning lights with chrome flanges shall be installed on bumper extension, as far forward as possible.The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead configuration shall consist of RED 18 Super-LEDs and a clear optic polycarbonate lens. ZONE B AND D -- LOWER SIDE REAR CORNER WARNING LIGHTS Two (2)Whelen M-7 Series Model #M7RC 3" x 7" warning lights with chrome flange shall be installed in lower rear side corner body area.The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead configuration shall consist of RED 18 Super-LEDs and a clear optic polycarbonate lens. ZONE B AND D -- UPPER SIDE REAR WARNING LIGHTS Two (2)Whelen M-7 Series Model #M7RC 3" x 7" warning lights with chrome flanges shall be installed in the upper rear body side panel.The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead configuration shall consist of RED 18 Super-LEDs and a clear optic polycarbonate lens. ZONE C-- UPPER REAR WARNING LIGHTS Two (2)Whelen M-7 Series Model #M7RC 3" x 7" warning lights with chrome flanges shall be installed in the upper rear corner of the handrails.The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead configuration shall consist of RED 18 Super-LEDs and a clear optic polycarbonate lens. ZONE C-- LOWER REAR WARNING LIGHTS Two (2)Whelen M-7 Series Model #M7RC 3" x 7" warning lights with chrome flanges shall be lower rear of body.The warning lights shall incorporate Linear Super-LED and Smart LED technology.The lighthead configuration shall consist of RED 18 Super-LEDs and a clear optic polycarbonate lens. 100332.1 - CAB REFLECTIVE LETTERING The cab lettering shall be Scotchlite reflective material, shaded in black.A quantity of up to fifty(50)three inch (3") letters shall be installed as directed by Fire Department. 204225.1 - NFPA CAPACITIES PLACARD Per NFPA a permanent label shall be mounted in the cab showing the following information: A permanent label in the driving compartment shall specify the quantity and type of the following fluids used in the vehicle and tire information: 1. (1) Engine oil 2. (2) Engine coolant 3. (3) Chassis transmission fluid 4. (4) Pump transmission lubrication fluid 5. (5) Pump priming system fluid, if applicable 6. (6) Drive axle(s) lubrication fluid 7. (7) Air-conditioning refrigerant 8. (8) Air-conditioning lubrication oil 9. (9) Power steering fluid 10. (10) Cab tilt mechanism fluid 11. (11) Transfer case fluid 12. (12) Equipment rack fluid 13. (13) Skeeter Brush Trucks Page 16 Pa2e16"I U of 1299 CAFS air compressor system lubricant 14. (14) Generator system lubricant 15. (15)* Front tire cold pressure 16. (16)* Rear tire cold pressure 17. (17) Maximum tire speed ratings 100335.1 - CUSTOM GRAPHICS The apparatus shall be provided with two(2)custom designed sign gold graphics, emblems, or seals.The installation shall be designed primarily with letters and numbers as specified.The purchaser shall approve of the design graphics prior to installation. 100337.1 - CAB AND BODY STRIPING The cab and body shall have a straight Scotchlite reflective stripe applied horizontally.The stripe shall be a 4" minimum in width and be applied horizontally around the cab and body in accordance with NFPA standards.The purchaser shall specify the color and location of the stripe. 100343.1 - FRONT CHEVRON STRIPING There shall be alternating chevron striping installed across the front bumper where permitted.The chevron striping shall consist of 6" diamond grade in the following colors: The first color shall be red diamond grade. The second color shall be lime yellow diamond grade. 100345.1 - REAR CHEVRON STRIPING There shall be alternating chevron striping installed on the rear vertical body panel.The chevron striping shall consist of 6" diamond grade in the following colors: The first color shall be red diamond grade. The second color shall be lime yellow diamond grade. 100346.1 - CAPACITIES PLACARD The apparatus shall have a reflective placard that provides the following information: Water Tank Capacity Pump Capacities NWCG Typing Skeeter Contact Information 530614.3 - FORD EXTENDED WARRANTY There shall be an extended warranty on the chassis purchased through Ford.The warranty plan shall be Ford's 'PremiumCare' package and shall be for 7 Years/100,000 miles. 100040.1 - CHASSIS PREPARATION The chassis cab shall be"prepped"for fire apparatus production as follows: a)Wash and clean chassis b)Weigh chassis for NFPA reports c) Quality control check in. 100041.1 - SEATING There shall be a label identifying the number of seat belted locations on the unit. 100042.1 - WARNING LABEL -- SEAT BELT USAGE A warning label for use of seat belts shall be installed in the cab by the chassis manufacturer. Skeeter Brush Trucks Page 17 Pa2e16"I�I of 1299 100043.1 - LOUD NOISE WARNING LABEL A final stage manufacturer shall install "hearing loss" potential warning labels on the vehicle in any areas or fixed equipment that produces excessive noise levels. (exhaust outlet, sirens and air horns shall not be required for such equipment.) 100135.1 - WARNING LABEL -- NO RIDING ON REAR A warning label stating: "NO RIDING ON REAR OF APPARATUS" shall be installed on rear of the apparatus.The label shall be applied to the vehicle at the rear step area.The label shall warn personnel that riding in or on these areas,while the vehicle is in motion, is prohibited. 100136.1 - SKEETER BRUSH TRUCK EMBLEMS Five(5) Skeeter Brush Trucks emblems will be affixed to the cab and body. 100196.1 - FINAL ASSEMBLY AND APPARATUS FINISHING PREP SPECIFICATIONS The apparatus shall be assembled in a high quality and controlled environment.The fit,form, and finish of the body shall be to the highest level fire apparatus manufacturing standards. Upon completion,the apparatus shall be ready for final inspection and road testing as required herein. 100361.1 - FIRE PUMP OPERATIONS TEST The fire pump shall have a operational pump test performed by a Skeeter Brush Trucks technician with a run time of one (1) hour to confirm proper operations of all pump related components. ***NOTE:ALL TESTING SHALL BE DONE AND PERFORMANCE OBSERVED BETWEEN SEA LEVEL AND 1000' ELEVATION. ***HIGH ALTITUDE PERFORMANCE MAY NOT REPRESENT TESTING RESULTS SHOWN. 100362.1 - ELECTRICAL LOAD ANALYSIS A 12 volt electrical load analysis shall be performed in order to test response and stationary modes of electrical amp load. 100363.1 - NFPA COMPLIANCE The fire apparatus shall be built to the purchaser's requirements stated in this specification in compliance with all state and federal highway safety requirements.The vehicle is designed to meet NFPA 1906. Unless included in the specification,the customer will provide all the necessary equipment to comply with NFPA 1906 Section 10.2. 100365.1 - ROAD TEST A road test will be conducted with the apparatus fully loaded and a continuous run of no less than ten (10) miles. During that time the apparatus will show no loss of power nor will it overheat.The transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. 100366.1 - APPARATUS WARRANTY SKEETER MANUFACTURED ITEMS A five(5)year parts and labor warranty on items manufactured by Skeeter Brush Trucks and a ten (10)year warranty on the structural integrity of the body. For warranty issues please contact your local dealer or Skeeter Brush Truck service center and request warranty from the service advisor at that location. 100369.1 - WATER TANK WARRANTY MANUFACTURER'S LIMITED WARRANTY AND NOTICE OF DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES- 10 YEAR EQUIVALENT. Manufacturer issues this limited warranty to the customer who is the original retail purchaser("Customer")of a polypropylene tank(the "Tank") (10 to 4000) gallons. 100351.1 - PRE-CONSTRUCTION CONFERENCE, FACTORY A pre-construction conference shall be held at Skeeter Brush Trucks manufacturing facility in Hillsboro,Texas.The purpose of the conference is to review and clarify aspects of apparatus components and construction. It shall be attended by Skeeter Brush Trucks Page 18 Pa 21169 L of 1299 representatives of the purchasing department,the apparatus dealer, and Skeeter Brush Trucks. The transportation to this meeting shall be the responsibility of purchaser. 100651.1 - DRAWINGS There shall be design drawings submitted to the customer prior to the pre-construct conference.The CAD drawings shall include all sides of the apparatus.The customer shall agree to the drawings reflecting the correct apparatus design and layout prior to construction. 100353.1 - TERMS OF PAYMENT AND PREPAYMENT PROVISIONS Terms of payment for the specified vehicle shall be only cash or equivalent on delivery and acceptance for the unit. No bid will be considered which requires the purchaser to deposit with the bidder a down payment, prepayment of chassis, or any other such consideration as a condition of the bid. Such a requirement shall be grounds for immediate rejection of the bid. 204229.1 - FINAL INSPECTION, MANUFACTURING PLANT Representatives from the purchaser and the dealer shall be present at Skeeter's manufacturing facility in Hillsboro,Tx for the final inspection of the apparatus.A factory representative will assist the purchaser with review of the specifications to confirm they match the apparatus. Cost of transportation to and from the facility shall be the responsibility of the purchaser. ***NOTE, UNLESS PRIOR APPROVAL BY SKEETER BRUSH TRUCKS, FINAL INSPECTION AT THE PLANT IS MANDATORY*** 100356.1 - DEMONSTRATION AND FAMILIARIZATION OF APPARATUS The bidder shall demonstrate and familiarize the purchaser regarding the vehicle's operation.This shall include operation of chassis, major components, review of delivery information and documentation.This demonstration shall be completed at Skeeter Brush Trucks factory location in Hillsboro,Texas. 100358.1 - DELIVERY REQUIREMENTS The apparatus shall be picked up at the manufacturer's plant by the purchaser. Skeeter Brush Trucks Page 1.9 P.2116 I.5 of 1299 7Fmff """"��IP'll'll'III�iI'PWW�� Sales Quote ���iltlillYi�m�m Page: 1 Sales Quote Number: Q202668 Sales Quote Date: 4/15/2020 IN SERVICE TO SERVE:YOU TEN-8 FIRE EQUIPMENT, INC. Customer ID TEN-8 2904 59TH AVENUE DRIVE EAST SalesPerson DAVID NUMMELA Email BRADENTON, FL 34203 dnummela@ten8fire.com Phone : 800-228-8368 Fax Ten-8 Contact Bruce Scott Email 941-756-2598 bscott@ten8fire.com Sell To: CITY OF BOYNTON BEACH Ship To: FINANCE DEPARTMENT CITY OF BOYNTON BEACH P.O. BOX 310 222 N.E.9TH AVENUE BOYNTON BEACH,FL 33425-0310 BOYNTON BEACH,FL 33435 Payment Terms: Due Upon Receipt of Ship Via:STANDARD DELIVERY Product Or Service Item No. Description Unit Quantity Selling Pric Total Price GRA-MS271 STIHL FARM BOSS CHAINSAW 20" BAR EACH 1 525.00 525.00 RB-442RD RED HYDRANT BAG EACH 1 98.00 98.00 FRH-CM2 CONNECTION MALLET-2LB RUBBER MALLET EACH 1 17.33 17.33 RED-148-3 WRENCH HOLDER SET TRIPLE EACH 1 117.63 117.63 ELK-X-86-A HYDRANT VALVE 2.5""SCREW TYPE ELK-00381101 EACH 3 397.38 1,192.14 LNS-NOT32 NOTCHED PIG 32"TAN EACH 1 202.50 202.50 FRH-8-M28-B The Eight Maul,81b sledge with 28"fiberglass handle EACH 1 71.25 71.25 FRH-PB-30 PRO-BAR 30" EACH 1 223.25 223.25 FRH-FA-6 FLATHEAD AXE,FIBERGLASS EACH 1 52.25 52.25 ELK-66756007 187-XD S.B.TIP 15/16 X 1.5" NH EACH 1 92.10 92.10 ELK-0033XD01 1.5"XD SHUTOFF W/GRIP EACH 2 334.81 669.62 ELK-04XD010F CHIEF TIP, 125@75, LUMINESC. BUMPER EACH 1 378.84 378.84 KEY-FD-17R-50 FDNY D/J HOSE, 1.75"x 50', RED EACH 6 131.70 790.20 KEY-1310-250-50 BIG-10 DJ HOSE 2.5"X 50'ORANGE EACH 2 165.85 331.70 ELK-B-100LA WYE GATED 1.5"X(2)1.5"ALUMINUM LONG EACH 1 249.09 249.09 HANDLE RED-352525 ADAPTER 2.5" NH DOUBLE FEMALE EACH 1 33.63 33.63 RED-362525 ADAPTER,2.5" NH X 2.5" NH DOUBLE MALE EACH 1 26.60 26.60 RED-372515 ADAPTER 2.5" NH FEMALE X 1.5" NH MALE EACH 1 30.33 30.33 RED-351515 ADAPTER 1.5" DOUBLE FEMALE NH EACH 1 28.69 28.69 RED-361515 ADAPTER 1.5" DOUBLE MALE NH EACH 1 10.47 10.47 STR-44451 LED FIRE VULCAN, 12V CHARGER 145 lumens EACH 2 153.40 306.80 FRH-BC-24 BOLT CUTTER 24" EACH 1 71.25 71.25 NUP-69148 CLASSIC SQ SHOVEL,48NHANDLE,BUTT GRIP EACH 2 30.35 60.70 NUP-72108 SPADE SHOVEL W/27" D HDLE EACH 2 28.43 56.86 MOT-M37TSS9PW1AN MOTOROLA APX 8500 RADIO(WITH OPTIONS) EACH 1 5,780.98 5,780.98 GRG-31MJ58 19"STEEL MACHETE EACH 2 15.00 30.00 Page 514 of 1299 6hl�l°111''1"""""""�IP'll'll'III�iI'PWW�� Sales Quote �iltlillYi�m�m Page: 2 Sales Quote Number: Q202668 AENAuI . Sales Quote Date: 4/15/2020 IN SERVICE TO SERVE:YOU TEN-8 FIRE EQUIPMENT, INC. Customer ID TEN-82904 59TH AVENUE DRIVE EASTSalesPerson DAVID NUMMELA BRADENTON, FL 34203 Email: dnummela@ten8fire.com Ten-8 Contact Bruce Scott Phone : 800-228-8368 Fax : 941-756-2598 Email: bscott@ten8fire.com Sell To: Ship To: CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH FINANCE DEPARTMENT 222 N.E.9TH AVENUE P.O. BOX 310 BOYNTON BEACH,FL 33435 BOYNTON BEACH,FL 33425-0310 Payment Terms: Due Upon Receipt of Ship Via:STANDARD DELIVERY Product Or Service Item No. Description Unit Quantity Selling Pric Total Price GRG-30PD24 TRI BALL MOUNT W/HOOK EACH 1 90.00 90.00 GRG-36HV50 1 1/4"X 60"STEEL PRY BAR EACH 1 60.00 2 60.00 GRG-5LRG1 JUSTRITE 2.5 GAL CAN EACH 115.00 10 230.00 PER-1004-Y TOOL HANDLE LOCK,YELLOW STRAP EACH 35.96 1 359.60 PER-K5003-B IRONSLOK KIT-BLACK STRAP EACH 224.96 224.96 PER-K5020L-Y FAST LOK KIT EXTENDED VERSION,YELLOW STRAP EACH 4 121.46 1 485.84 PER-K5029-1 BOLT CUTTER MTG KIT EACH 44.06 1 44.06 FRT FREIGHT CHARGES EACH 388.26 388.26 13329.93 0 Subtotal: 0.00 13,329.93 Invoice Discount: 0.00 Total Sales Tax: Amount Subject to Sales Tax Amount Exempt from Sales Tax Total: 13,329.93 This Quote is valid until 05/15/20 All returns must be initiated within 30 days of receipt of product and will be charged a restocking fee. Contact your sales representative to receive a Return Materials Authorization (RMA). Special order parts are not returnable. Full terms and conditions for returns can be found on our website at www.ten8fire.com/returns. Page 515 of 1299 Line Option Qty Description Price 1 100044.2 1 Paint (Single Stock Color) 0 2 100026.2 1 Ford F550-4x4- Diesel -4 Door(2021) $7,410.00 3 203807.1 1 Chassis 60" CA 0 4 100037.1 1 Power Package (Electric Windows, Locks, Mirrors) $1,043.00 5 203918.1 1 Chassis Fleet/Government Incentive Discount 0 6 100046.1 1 Suspension System, FORD, 4x4, 6", 4 Link $10,678.00 7 100048.1 1 Tires and Wheels, Super Single 335/80 R20 (4) $6,460.00 8 100052.1 1 NO --Super Single Spare 0 9 100057.1 1 NO --Spare/ Mount 0 10 100062.1 1 Skeeter Aluminum Custom Bumper $4,592.00 11 100058.1 1 Mud Flaps, Rear Wheels, SBT Logo $344.00 12 100063.1 1 1/4" Skid Protection Panel $928.00 13 100111.1 1 Cab Steps, Custom Painted, (4) Door or Extended Cab $1,030.00 14 100186.1 1 NO --Cab Protection 0 15 100086.1 1 Cab Console, Poly, Custom $1,312.00 16 100543.1 1 Power Outlets 12V, Cigarette Lighter Type, Cab (3) $395.00 17 100372.1 1 NO --Cab 2nd Row Poly Compartment 0 18 100081.1 1 Winch, Warn, #M15000, Electric, Front Mount, 15,000# $1,935.00 19 100178.1 1 Receiver, Rear, Winch/Rope/Trailer, 10,000# $0.00 20 100550.1 1 Pump, Darley 2 BE 18V $0.00 21 100272.1 1 Standard Stainless Steel Manifold $0.00 22 100285.1 1 Valves, S/S, Quarter Turn 0 23 100483.1 1 Hose Threads 0 24 100263.1 1 Exhaust System, Vertical, Rain Cap, Aux Pump $0.00 25 100195.1 1 No -- Pump House 0 26 100265.1 1 Pump Control Panel Enclosure $0.00 27 100418.1 1 Remote Pump Control in Cab, (Electronic), Gas Pump $1,774.00 28 100268.1 1 Pump Fuel from Fuel Can (Plastic 6 gallon) $0.00 29 100256.1 1 Battery Supply, 12V, Chassis, Master Switch &Solenoid $0.00 30 100474.1 1 Aux Fire Pump Mtng, Rear Center, Bolted $226.00 31 100254.1 1 Pump Engine Oil Drain $123.00 32 100253.1 1 Pump Drain, Master Drain--Low Point 0 33 100273.1 1 Upgrade Manifold for Bumper Discharges $443.00 34 100270.1 1 Intake, Gated, 2.5"FM, Rear, w/2.5" Plug, Aux Pump, Direct VI $0.00 35 100284.1 1 Tank-To-Pump, Water Tank, 3", Install $0.00 36 100281.1 1 Tank Fill and Cooling Line, Water Tank, 1", Aux Pump $0.00 37 100278.1 1 Discharge, .75"GH, Rear, Garden Hose Outlet $232.00 38 100274.1 1 Discharge, 2.5", Rear, 2.5"FM x 1.5"M, 1.5" cap $0.00 39 100277.1 1 Discharge, 1.5", Rear, Pre-connect $0.00 40 100426.1 1 Discharge, 1", Front Bumper $1,433.00 41 100643.1 1 Hose Reel, Hannay, Center Mount Over Pump, Elec Rewind, A $0.00 42 100291.1 1 200 Foot Reel Capacity $45.00 43 100295.1 1 Hose Reel Discharge, 1" Valve and Flex-Hose, Local Cntrl $0.00 44 100302.1 1 Nozzle Mounting $75.00 45 100297.1 1 Hose, Water, 300#, 1" x 150' $0.00 46 100303.1 1 Roller, Hose Reel,Top $229.00 Page 516 of 1299 47 100280.1 1 Ground Sweep Discharges, Front Bumper $2,284.00 48 100279.1 1 Bmpr Monitor, Akron, Forestry, Elec $7,212.00 49 100306.1 1 No --Whip Lines 0 50 100258.1 1 No -- Foam System 0 51 100226.1 1 Water Tank Gauge, Class 1, Rear &Cab $1,312.00 52 100200.1 1 Water Tank Capacity, 400 Gallons, Poly $4,897.00 53 100203.1 1 Water Tank, Specs 0 54 100204.1 1 Water Tank Shape, Rectangular 0 55 100205.1 1 Water Tank, NFPA Compliance 0 56 100207.1 1 Fill Tower, Water Tank, 12" x 12"x 6", D/S Rear Corner 0 57 100209.1 1 Overflow, Water Tank, 3" PVC Pipe, <500G $0.00 58 100211.1 1 NO --Water Tank Sump 0 59 100215.1 1 Pump to Tank, Fill Connection, 1.5", 300 GPM Flow $0.00 60 100216.1 1 Water Tank Drain Plug, 1.5" $0.00 61 100222.1 1 NO --Tank Perimeter Wall 0 62 100230.1 1 NO -- Foam Tank 0 63 100237.1 1 NO -- Electric Foam Gauge 0 64 203917.3 1 Rescue Squad, Alum, 114" x 96", 60" CA, DA Finish, Full RSQ Si $28,354.00 65 203934.2 2 Adjustable Shelf, Compartment Mounted $939.00 66 100462.1 1 Transverse Tool Storage Front of Tank Above $1,012.00 67 100150.1 1 NO -- Underbody Compartments, Front Body 0 68 100154.1 1 NO -- Underbody Compartments, Rear 0 69 100159.1 1 Rear Center Under Body Compt, Drop Down Door $889.00 70 100166.1 1 Equipment Tray, Alum, UHMW slide $789.00 71 100164.1 1 Door Ajar Light, Flashing LED, Clear Lens $0.00 72 203849.1 1 Door Ajar Alarm, Center Console $171.00 73 100169.1 1 Hose Tray, Driver's Side, 72 in. long $1,484.00 74 100173.1 1 NO -- Hose Tray, Passenger Side 0 75 100382.1 1 Tool Tray, Passenger Side, 72 in. long. $1,484.00 76 100175.1 1 NO --Tool Tray, Drivers Side 0 77 100180.1 1 Rear Step, Pull out and drop down $0.00 78 100181.1 1 Step, Sig-4, Folding, Lighted, DS REAR(1) $0.00 79 100692.1 1 Side Body Access Steps, Stirrup (2) $0.00 80 100325.1 1 Fuse Box $0.00 81 100326.1 1 Chassis Harness $0.00 82 100327.1 1 Wiring Harness, Body Electrical $0.00 83 100090.1 1 Battery Master Disconnect, 12V $0.00 84 100092.1 1 NO -- Battery Charger 0 85 100328.1 1 Clearance Lights, LED, DOT $0.00 86 100329.1 1 License Plate, Mount, Lighting $0.00 87 100330.1 1 Stop/Tail/Turn Lights, Whelen M6BTT/M6FC $0.00 88 100331.1 1 Back up Lights, Whelen M6 Series, LED, $0.00 89 100096.1 1 Trailer Hitch Power Plug, 12V, 7 Prong $142.00 90 100067.1 1 NO --Off Road Lights 0 91 100070.1 1 No -- Bumper Ground Lights 0 92 200312.1 1 Ground Lights, Cab, 4 Door, LED STRIPS $687.00 93 100183.1 1 Ground Lights, Under Rear Step, LED (2), Grote#63871 $434.00 Page 517 of 1299 94 100184.1 1 Body Work Lights, LED, (4), Grote#63871 $0.00 95 204184.1 1 Scene/Smoke Light, Combo, Vision X, 20" $1,650.00 96 100322.1 1 Scene Light, (6) Rigid Dually $1,733.00 97 100323.1 1 Scene Light, Rigid Dually, Spot, Monitor $450.00 98 100104.1 1 NO --GPS 0 99 100503.1 1 Tilt Meter $149.00 100 100107.1 1 Back-Up Camera, Rear View Safety, (1) camera $745.00 101 100099.1 1 Radio, Fire, Installation, Purchaser Supplied $750.00 102 100620.1 1 Radio, Fire, Installation, Purchaser Supplied -Antenna Only $88.00 103 100101.1 1 NO -- Intercom System 0 104 100324.1 1 Back Up Alarm $0.00 105 203773.1 1 Whelen Cencom Carbide, Electronic Siren $0.00 106 100313.1 1 Speaker, Whelen,#SA315P, 100 Watt $0.00 107 100310.1 1 Lightbar Mounting, Headache Rack, Alum, Enclosure Protectic $0.00 108 100309.1 1 Lightbar, Whelen,Legacy, 54" $0.00 109 100315.1 1 Warning Lights, Whelen, M-7 Series (12) Lights $0.00 110 100332.1 1 Lettering, Cab, 3" Scotchlite Reflective, 50 Letters $693.00 111 204225.1 1 NFPA Capacities Placard $150.00 112 100335.1 1 Door Graphic Emblems, (2) Custom $277.00 113 100337.1 1 Stripe, Cab/Body, Single Reflective, 4" $0.00 114 100340.1 1 NO -- Keep Back Lettering 0 115 100343.1 1 Stripe, Reflective, SCOTCHLITE, Chevron, Front Bumper, Alum $473.00 116 100345.1 1 Stripe, Reflective, SCOTCHLITE, Chevron, Rear $0.00 117 100346.1 1 Capacities Placard, Reflective $0.00 118 100347.1 1 NO -- Nozzles 0 119 100349.1 1 NO --Spanner Set 0 120 530614.3 1 Ford Extended Warranty $5,447.00 121 100040.1 1 Chassis Prep, Commercial Chassis $0.00 122 100041.1 1 Label Seating (Based upon #of Seated Positions) $0.00 123 100042.1 1 Label, Data, Seat Belt, Chassis Manufacturer Supplied $0.00 124 100043.1 1 Label, Noise Danger, Personnel $0.00 125 100135.1 1 Label, Data, "Do Not Ride On Rear Step" $0.00 126 100136.1 1 Emblems, Skeeter Brush Trucks (5) $0.00 127 100196.1 1 Final Assembly, Skeeter Brush Trucks, Hillsboro,TX $0.00 128 100361.1 1 Operational Pump Test, SBT $0.00 129 100362.1 1 12V Electrical Load Analysis $0.00 130 100363.1 1 NFPA Certificate 0 131 100365.1 1 Road Test, 10 miles $0.00 132 100366.1 1 Skeeter Warranty, 5-Year Parts & Labor, 10-Year Body Integrit 0 133 100369.1 1 Tank Warranty, Limited Lifetime 0 134 100351.1 1 Pre-Construction Conference, At Factory 3500 135 100651.1 1 Apparatus Drawings $0.00 136 100353.1 1 Payment Terms, 100%on Delivery and Acceptance 0 137 204229.1 1 Final Inspection, Skeeter 0 138 100356.1 1 Training, Factory Supplied, Factory location $248.00 139 100358.1 1 Delivery, Purchaser Pickup 0 TOTAL $108,850.00 Page 518 of 1299 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approve an increase to the estimated annual expenditure with Routeware Inc to $160,000 due to additional equipment and repair/replacement of existing equipment. Explanation of Request: On April 17, 2018, Commission approved an onboard computing system for Public Works Solid Waste vehicles with an estimated annual expenditure of$121,116. Staff procured a blanket for $121,116 for fiscal year 19/20 for the monthly services. Since the initial contract, Solid Waste has installed additional equipment increasing the monthly costs and services, hence exceeding the allowable expenditure. The current blanket purchase order needs to increase and will have the same additional costs for the new fiscal year 20/21. Staff is requesting an increase on the 19/20 blanket in the amount of $33,000 to process pending invoices for a total expenditure of$154,116. Staff is also requesting an increase to the estimated annual expenditure from $121,116 to $160,000 to cover the additional monthly service fees and cloud hosting fees. How will this affect city programs or services? The increase will allow the Solid Waste division to process the invoices and allocate them to the proper fiscal year budget. It will also provide the additional funds needed for the expenses that will be incurred for fiscal year 20/21. Fiscal Impact: Budgeted Funding is allocated in Solid Waste account#431-2515-534-49-17 Alternatives: None. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: Contracts Page 519 of 1299 Vendor Name: Routeware, Inc. Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Attachment Routeware I nvoice D Other Routeware®Agenda item 04-17-18 Page 520 of 1299 ROUTEWAR I� p 's ,i COC9 QlEasylloute Webaspx Andrews Software,Inc. -- --- - A Roaeware Global Company ARouteware Global Company ARouteware Global Company ARoute"iv Global Company ARoutrwre Global rumpany NEW IT TO ADDRESS Invoice PO Box 676074 Invoice#: INV-001733 Dallas,TX 75267-6074 Invoice Date: 08/14/2020 (Electronic Payment is preferred and listed below) BILL TO SHIP TO City of Boynton Beach Public Works City of Boynton Beach Public Works 222 NE 9th Ave 222 NE 9th Ave Boynton Beach,Florida 33435 Boynton Beach, Florida 33435 CUSTOMER PO CUSTOMER NO. TRACKING NUMBER SHIP VIA TERMS DUE DATE Q4 2020 Support C000012 Net 45 09/30/2020 DESCRIPTION QTY U/M UNITCOST AMOUNT Cloud Hosting($595 per month) 1 Each $1,785.00000 $1,785.00 Monthly Service Fee(47 Units x$185 per unit, per month) 47 Each $555.00 $26,085.00 Monthly Service Fee-Spare Units(4 Units x$92.5 per unit,per 4 Each $277.50 $1,110.00 month) Camera System Fee(47 Units x$5 per unit,per month) 47 Each $15.00 $705.00 SUBTOTAL $29,685.00 SHIPPING $0.00 SHIPPING(RMA) $0.00 - TAX $0.00 TOTAL $29,685.00 PAYMENTS APPLIED $0.00 REMAINING DUE $29,685.00 INCr .. .r .. mom °® .. $27,023.52 $30,994.50 $0.00 $0.00 $1,309.50 $59,327.52 Customers with a balance 30+days past due are subject to a support hold. NEW ELECTRONIC PAYMENT INSTRUCTIONS(Preferred) Overdue amounts are subject to late payment charge of 1.5%per month. Bank Name:PNC Bank,N.A. All returns are subject to a 15%restocking charge. Bank Address:2 Tower Center Blvd,East Brunswick,NJ 08816 Account#:8026456977 Routing#: 031207607 Page 521 of 1299 ROUTEWARE7 NEW REMIT TO ADDRESS PO Box 676074 Invoice Dallas,TX 75267-6074 Invoice#: INV-001371 Phone: (503)906-8542 Invoice date: 06/30/2020 (Electronic Payment is preferred and listed below) BILL TO SHIP TO City of Boynton Beach Public Works City of Boynton Beach Public Works 222 NE 9th Ave 222 NE 9th Ave Boynton Beach, Florida 33435 Boynton Beach,Florida 33435 CUSTOMER PO CUSTOMER NO: TRACKING NUMBER SHIP VIA TERMS DUE DATE Q3 2020 Support C000012 Net 15 07/16/2020 DESCRIPTION QTY U/M UNIT COST AMOUNT Cloud Hosting($618 per month) 1 Each $1,854.00000 $1,854.00 Monthly Service Fee(47 Units x$192 per unit, per month) 47 Each $576.00 $27,072.00 Monthly Service Fee-Spare Units(4 Units x$96 per unit, per 4 Each $288.00 $1,152.00 month) Camera System Fee(47 Units x$6.50 per unit,per month) 47 Each $19.50 $916.50 SUBTOTAL $30,994.50 SHIPPING $0.00 SHIPPING(RMA) $0.00 TAX $0.00 TOTAL $30,994.50 PAYMENTS APPLIED $0.00 REMAINING DUE $30,994.50 r11 Ift. .. .r ,. 530,994.50 $0.00 00 533,484.50 $64,479.00 Overdue amounts are subject to late payment charge of 1.5%per month. NEW ELECTRONIC PAYMENT INSTRUCTIONS(Preferred) All returns are subject to a 15%restocking charge, Bank Name:PNC Bank,N.A. Bank Address:2 Tower Center Blvd,East Brunswick,NJ 08816 Account#:8026456977 Routing#: 031207607 Page 522 of 1299 Coversheet Page 1 of 2 7.6. BIDS AND PURCHASES OVER 5100,000 411712018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4117=18 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLLMON NO.R18-063-Authorize the City Manager to sign a proposal with Routeware,Inc.of Portland,OR,utilizing the HGACBuy Contract#FL03-17 for the purchase of onboard computing system for installation in Public Works Solid Waste vehicles for the amount of$92,827.00 plus travel costs not to exceed$7,500_ In addition to the purchase coat there will be a monthly maintenance fee of$10,092.92 for an estimated annual expenditure of$121,116_ The HGACBuy cooperative's bid process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Houston-Galveston Area Council of Governments Cooperative Purchasing Program(HGACBuy) The Public Works Solid Waste Division would like to purchase and implement the Rouleware System(RS). This system is currently in use by several municipalities and private customers. The implementation of this fleet automation system will allow Public Work-to more efficiently discharge its solid waste collection duties,resulting in fewer missed pick-ups,fewer unfinished routes,and fewer complairds. RS consists of soft and hardware installed in and on the solid waste vehicles(i.e.cameras,GPS receivers,and dash mounted tablets). While the vehicles and drivers execute their routes,the RS collects and transmits data(via cellular service)about the service location,time of collection,etc.to the Pubfio Works office. This data is displayed In what Routeware cells a'HeatMap'on a large T-V,screen. The HeatMap offers at- glance visibility into the behavior of the entire fleet in real time. From his office,the Solid Waste Manager can make quick and effective business decisions that reduce costs,improve efficiency and produce War driver behavior. Routeware provides advanced software solution as on adjunct to Sclid Waste Collection. This software and hardware tracks vehicles,routes and collections at each home or business.The Solid Waste Manager can then evaluate dais to determine different means of optimizing the City's refuse and recycling services. In addition,RS tracks recycling participation,lessening the effort required to meet our required recycling percentage for reimbursement. Data collected includes(but not limited to): Collection time(time at stop,duration of stop) • Photos(overloaded dumpsters,bins not set Out of bins to dose to cars) • Route deviation and idle time • Time on route and time at the transfer stations • Number oftrips to transfer stations • Miles driven • Tonnage oollected by route per day RS utilizes instant messaging functionality for communication between Drivers and Supervisors that is compliant with no-te>ding laws. This feature will allow the City to discontinue the drivers cell phones plans. After the RS is installed and its use mastered,the real time data(the HestMap)of the fleet can be shared with customers via a link on the City's web page. The City's customers,from their personal computers,will be able to see their service trucks location and where they've been. HOW WILT.THIS AFFECT CITY PROGRAMS OR SERVICES? The RS will allow the City's sanitation fleet to be more productive and Improve efficiency,service,and salety. RS allows Managers and Supervisors to make quick and effective business decisions that reduce casts,improve afficaency and produce better driver behavior, In addition,the drivers will no longer need to provide the drivers with cell phones saving the City approximately$1,800 per month. FISCAL IMPACT: Budgeted Funds are included In the approved FYI 711a budget under account num bar 431-2615-534-49-17. Routware operatidns will begin In July with three months remaining in this fiscal year. Remaining Expenses=$10,092.92°3 months=$30,278.76 Installation Cost=$82,827 Total Cost FY 2017118=$123,105.76 Additional funds needed are$6,106.76 and will be taken utilizing a portion of the$100.000 twdgeted for tandfill monitoring that will not be spent this fiscal year. ALTERNATIVES: To continue the normal operations using two way radio and cell phone communications along with our current computer systern. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NIA https:/Iboyotonbeach.novusagendacon-i/AgendaPublic/CoverSheetaspx?ItenlID=3869&M... 4/Wa81§23 of 1299 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Authorize the City to issue a purchase order to pay the third-year payment to Software House International in the amount of$190,403.28 for the City's Microsoft Enterprise Agreement utilizing the State of Florida Contract number 43230000-15-02. Explanation of Request: Contract Period: February 1, 2016—January 31, 2022 In December 2018 the City of Boynton Beach entered into a three-year Microsoft Enterprise agreement (EA) to provide certain software and licensing in the amount of 188,874.48. This year the City has had to add additional Microsoft Exchange Online licensing. These added licenses have raised the third-year payment to $190,403.28. The additional Exchange Online licensing was purchased in accordance with the Microsoft Enterprise Agreement pricing. The City is currently licensed to use the following core Microsoft products: • Windows 10 Pro for desktop operating systems • Windows Server 2019 for file, print, and application server services • Office 2019 for word processing, spreadsheets, personal databases, and general office automation • Exchange 2016 and Exchange Online for email server services • SQL Server 2019 for database server services The Microsoft EA allows the I.T.S. Department to upgrade to the latest software versions as they are released. This will ensure that the City will be able to collaborate with our citizens, other government entities, and businesses as newer software applications are used. How will this affect city programs or services? The Microsoft Enterprise Agreement(EA) creates value by supporting a business in these fundamental ways: Lower cost of ownership—by standardizing on the Enterprise platform and receiving Software Assurance benefits, it is estimated that the City could achieve up to 15% cost savings while increasing workplace productivity. Historically, Microsoft product releases include a 5% - 15% annual cost increase. The EA provides fixed costs over a three year term for all Microsoft products purchased at the onset of the agreement. Access to the Most Recent Versions of Software—the right to the current and future versions of software products is built in to the price of the agreement. Enhanced Technical Capabilities—the EA enables user agencies to reduce costs and streamline management with the Microsoft Desktop Optimization Pack (MDOP), which offers innovative technologies, application virtualization, asset management, policy control, and device diagnostic and recovery tools. Support and Training—the EA provides help through a 247 phone and web support service. It also provides online and classroom technical training for staff. Home Use—we can accelerate employee readiness through the promotion of Home Use. For example, Office Page 524 of 1299 Professional can be paid for and downloaded at home by the employee, cost a fraction of the normal retail version. The additional software deployment at home will help to make the employee more proficient with its use at work. Deployment Planning Services—we are entitled to assistance and planning services from Microsoft in order to deploy their products, which will be helpful during the initial retro-fit, as well as future version roll-outs. Participating in this agreement will allow the City of Boynton Beach to get the most out of its Microsoft software investment. Fiscal Impact: Budgeted Funding was approved and is available in the fiscal year 2020/2021 budget under the following accounts: I.T.S. 001-1510-513.46-91 $ 103,594.92 Police Dept. 001-2112-521.46-91 $ 66,800.93 Utilities 401-2821-536.46-91 $ 20,007.43 Total $ 190,403.28 Software House International is the sole source supplier for Microsoft Software under Florida State Contract number 43230000-15-02. Alternatives: The City evaluated other purchasing avenues in 2018 when the 3-year Microsoft EA was approved and the Microsoft EA from Software House International was the lowest priced quote. This is the final payment in the 3-year agreement. The alternative could be to issue a formal bid request for the renewal, but that process may not result in a substantially lower cost. Strategic Plan: Building Wealth in the Community Strategic Plan Application: This agenda item helps maintain the 'wealth in the community' by protecting our investment in software tools, and keeping them up-to-date. Failure to do so would have a negative impact on the use of our internal computer servers and systems, and in turn, the services provided to our community. CLIMATE ACTION APPLICATION: This agenda item has a net-zero impact on the climate. Is this a grant? Grant Amount: ATTACHMENTS: Type Description (quotes SHI (quote Contract State Term Contract- FIL DMS/SHI Amendment State Term Contract Renewal -Amendment 3 Resolution 2018 City Reso Page 525 of 1299 Pricing Proposal Quotation#: 19649398 Created On: 11/4/2020 Valid Until: 12/31/2020 City of Boynton Beach Inside Account Manager Charles Stevens Jack Hall 100 E. Boynton Beach Blvd 290 Davidson Avenue Boynton Beach, FL 33435 Somerset, NJ 08873 UNITED STATES Phone: 800-543-0432 Phone: (561)742-6079 Fax: 732-868-6055 Fax: Email: Jack—Hall@shi.com Email: StevensC@bbfl.us All Prices are in US Dollar(USD) Product Qty Your Price Total 1 OfficeProPlus ALNG SA MVL 790 $94.07 $74,315.30 Microsoft-Part#: 269-12442 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 2 WINE3perDVC ALNG SA MVL 790 $41.72 $32,958.80 Microsoft-Part#: KV3-00353 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 3 CoreCAL ALNG SA MVL UsrCAL 750 $44.99 $33,742.50 Microsoft-Part#:W06-01072 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 4 PrjctALNG SA MVL 60 $115.34 $6,920.40 Microsoft-Part#: 076-01912 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 5 VisioStd ALNG SA MVL 42 $50.72 $2,130.24 Microsoft-Part#: D86-01253 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 Page 526 of 1299 6 ExchgSvrEntALNG SA MVL 2 $711.66 $1,423.32 Microsoft-Part#: 395-02504 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 7 SharePointSvrALNG SA MVL 1 $1,193.46 $1,193.46 Microsoft-Part#: H04-00268 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 8 SQLSvrStdCore ALNG SA MVL 21-ic CoreLic 16 $575.87 $9,213.92 Microsoft-Part#:7NQ-00292 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 9 WnRmtDsktpSrvcsCALALNG SA MVL UsrCAL 50 $21.27 $1,063.50 Microsoft-Part#: 6VC-01254 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 10 WnSvrDCCore ALNG SA MVL 2Lic CoreLic 72 $124.34 $8,952.48 Microsoft-Part#: 9EA-00278 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 11 WnSvrSTDCore ALNG SA MVL 2Lic CoreLic 136 $18.00 $2,448.00 Microsoft-Part#: 9EM-00270 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 12 ExchgOnlnPrtctnGCC ShrdSvrALNG SubsVL MVL PerUsr 225 $10.80 $2,430.00 Microsoft-Part#: 6JT-00002 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 13 ExchOnlnP1AddOnGCC ShrdSvrALNG SubsVL MVLAddOn 500 $23.52 $11,760.00 tousrExch StdCAL/CoreCAL Microsoft-Part#:6NM-00004 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Page 527 of 1299 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 14 OneDriveforBsnssP1GCC ShrdSvrALNG SubsVL MVL PerUsr 7 $46.08 $322.56 Microsoft-Part#: 3NM-00004 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 15 ExchOnlnP1AddOnGCC ShrdSvr ALNG SubsVL MVL AddOn 15 $23.52 $352.80 tousrExch StdCAL/CoreCAL Microsoft-Part#:6NM-00004 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 16 ExchOnlnP1AddOnGCC ShrdSvrALNG SubsVL MVLAddOn 50 $23.52 $1,176.00 tousrExch StdCAL/CoreCAL Microsoft-Part#:6NM-00004 Contract Name: Licensing Solutions Providers(LSP)of Microsoft Software and Services Contract#: 43230000-15-02 Coverage Term: 1/1/2021 —12/31/2021 Note: EA#84753476-Annual Payment-Year 3 of 3 Total $190,403.28 Additional Comments Thank you for choosing SHI International Corp!The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at(888)744-4084. SHI International Corp. is 100%Minority Owned,Woman Owned Business. TAX ID#22-3009648; DUNS#61-1429481;CCR#61-243957G;CAGE 1HTF0 Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. Page 528 of 1299 `s. FLORIDA DEPARTMENT OF MANAC,.EMENT SF.AWCES s t i i+'r'e se-e chose who serve Flosuda r. State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services This State Term Contract (Contract) is between the State of Florida, Department of Management Services (Department), Division of State Purchasing, an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, FL 32399-0950, and SHI International Corp. (Contractor) with offices at 290 Davidson Ave. Somerset, NJ 08873. The Department entered into overarching agreements with Microsoft Corporation (Microsoft), to standardize the use of Microsoft products and services in the State of Florida (State). Based on those agreements the Department issued Invitation to Negotiate (ITN), No. 07-43230000-L, Licensing Solutions Providers of Microsoft Software and Services, to identify a Microsoft Licensing Solutions Provider (LSP) to provide Microsoft licenses and services to the State. The Contractor submitted a Responsive reply to the ITN. After negotiations the Department determined that the Contractor's reply is the most advantageous to the State and has decided to enter into this Contract. Accordingly, and in consideration of the mutual assurances contained in the Contract, the Department and Contractor agree as follows: I. Scope of Work The Contractor shall provide Microsoft software licenses and maintenance with optional support offerings in accordance with the ITN. The Contractor will coordinate with Customers regarding Microsoft required enrollment agreements which may be a condition of purchasing licenses off of this contract. Those enrollment agreements may further define the scope of services. II. Contract Term The initial term of this Contract will be three years. The initial contract shall begin on February 1, 2016 or on the last date in which it is signed by all parties, whichever is later. III. Renewal Terms Upon satisfactory performance by the Contractor and written mutual agreement of the parties, the Contract may be renewed for a renewal term not to exceed three years under the same terms and conditions in place at the time of renewal and with the approved renewal pricing specified in the Contractor's response to the ITN. IV. Florida Price The Contractor shall provide the Florida Price on the Contractor Florida Price Spreadsheets (Attachments A-D) that are posted on the Department's website. Page 529 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services Contingent upon approval by the Department Contract Manager, updates to the Contractor Florida Price Spreadsheets shall be posted on the Department's website. The Department reserves the right to remove products or services from the Contractor Florida Price Spreadsheets as needed in the best interest of the State. Microsoft determines pricing levels and ERP pricing for its products. If Microsoft lowers prices, or pricing levels at any time, the Contractor shall immediately adjust the Florida pricing to reflect the lower prices. The Contractor will monitor Microsoft pricing and if at any time additional discounts become available to the state, Contractor will incorporate the discounts into this contract without delay. Contractor will continually provide the best available pricing to the state. V. Contract This document, together with the following exhibits set forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral. All exhibits listed below are incorporated in their entirety, and form part of this Contract. The Contract has the following exhibits: Exhibit A: Special Contract Conditions Exhibit B: General Contract Conditions, Form PUR 1000 (10/06) Exhibit C: Contract Forms Exhibit D: ITN No. 07-43230000-L Exhibit E: Contractor's Response to ITN No. 07-43230000-L In case of conflict, the documents shall have priority in the following order as listed: a) This document b) Exhibit D: ITN No. 07-43230000-L c) Exhibit A: Special Contract Conditions d) Exhibit B: General Contract Conditions e) Exhibit C: Contract Forms f) Exhibit E: Contractor's Response to ITN No. 07-43230000-L VI. Amendments No oral modifications to this Contract are permitted. All modifications to this Contract must be in writing and signed by both parties. Notwithstanding the order listed in section V, amendments executed after the Contract is executed may expressly change the provisions of the Contract. If they do so expressly, then the most recent amendment will take precedence over anything else that is part of the Contract. Page 2 of 30 Page 530 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services V1. Contract Notices In addition to the provisions in section 38 of Form PUR 1000 (10/06), contract notices may be delivered by email to the Contractor's designated contact person as prescribed in section VII. V11. Contract Management The Department employee who is primarily responsible for maintaining the Contract administration file, serves as the contract manager, and is the Department's designated contact person shall be listed on the Department's website. The Contractor's employee who is primarily responsible for overseeing the Contractor's contract responsibilities and is the Contractor's designated contact person, shall be named by the Contractor and will be listed on the Department's website. Either Party may appoint a different Contract Manager, which shall not constitute an amendment to the Contract, by sending written notice to the other party. Any communications regarding the Contract shall be addressed to the Contract Manager. All questions and customer service issues concerning this Contract shall be directed to the designated contact person. This Contract is executed upon signature of authorized officers as of the dates signed below: State of Florida Contractor: Department of Management Services: SHI International Corp. By: _:i, By: 11Z, Name: -j ') Xa � Name: Natalie Slowik Title: Title: Senior Manager-Contracts& RFPs Date: ZI -/0 Date: Page 3 of 30 Page 531 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services EXHIBIT A: SPECIAL CONTRACT CONDITIONS 1. ELECTRONIC INVOICE The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MyFloridaMarketPlace (MFMP). Electronic invoices may be submitted to the Customer through the Ariba Network (AN), whose usage is not mandatory. Contractor may incur a fee for use of the AN. If Contractor chooses to participate in the AN, electronic invoices shall be submitted to the Customer in one of three mechanisms as listed below. a) COMMERCE EXTENSIBLE MARKUP LANGUAGE (CXML) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for electronic invoicing. b) ELECTRONIC DATA INTERCHANGE (EDI) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an EDI environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. c) PURCHASE ORDER (P.O.) FLIP VIA ARIBA NETWORK (AN) The online process allows suppliers to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the P.O. into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor may work with the MFMP management team to obtain specific requirements for the Electronic Invoicing upon contract award. Page 4 of 30 Page 532 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 2. PRODUCT AND CATALOG SPECIFICATIONS (SERVICES INCLUDED, IF APPLICABLE) The Contractor shall submit all Catalog changes to the Department for review. Once approved in writing by the Department, the product Catalog submitted will be incorporated into the Contract. Any additional terms and conditions contained in the product Catalog language will not be included in the Contract. 3. PURCHASING CARD PROGRAM Contractor must accept the Universal card format Purchasing Cards (e.g., American Express, MasterCard, and Visa). However, the Purchasing Card is not the exclusive method of payment (e.g., Purchase Order). The method of ordering and payment (e.g., Purchase Order, Purchasing Card) shall be selected by the Eligible User. 4. COMPLIANCE WITH LAWS The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. For example, Chapter 287, of the Florida Statutes and Rule 60A of the Florida Administrative Code govern the Contract. The Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any such applicable laws, roles, codes, ordinances and licensing requirements, shall be grounds for Contract termination. 5. LIABILITY AND WORKER'S COMPENSATION INSURANCE During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, at a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of$500,000, including hired and non-owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. 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 be through insurers authorized to write policies in Florida. Page 5 of 30 Page 533 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 6. DETAIL OF BILLS Contractor shall submit bills for fees or other compensation for services or expenses in detail sufficient enough for a proper pre-audit and post-audit. The Department reserves the right to request additional documentation. 7. PAYMENT TIMEFRAME Section 215.422, Florida Statutes (F.S.), provides that agencies have five (5) working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor's expense. Interest penalties for late payment are also provided for in section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems obtaining timely payment(s) from an Agency, may be contacted at 850-413-5516, or Vendors may call the State Comptroller's Hotline at 1-800-848-3792. 8. MYFLORI DAMARKETPLACE FEES The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. Payments issued by Agencies or Eligible Users to Vendors for purchases of commodities or contractual services are subject to Transaction Fees, as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Effective November 1 st, 2015, through July 1 st, 2016, in accordance with Senate Bill 2502-A, the Transaction Fees imposed for use of the State of Florida's eProcurement systems will change from one percent (1%) to seven-tenths of one percent (.70%) of the payment issued. The Transaction Fees imposed shall be based upon the date of issuance of the payment. Any questions regarding the Transaction Fees should be directed to the MFMP Customer Service Desk, at 866-352-3776, BuyerHelppmyfloridamarketplace.com or VendorHelp(_myfloridamarketplace.com. Vendors shall submit monthly reports required by the rule. All reports shall be subject to audit. Failure to pay Transaction Fees or submit reports shall constitute grounds for default and exclusion from business with the State of Florida. 9. PAYMENTAUDIT Records of costs incurred under terms of the Contract shall be maintained and made available to the Agency upon request at all times during the period of the Contract, and for a period of three years thereafter. Records of costs incurred shall include the Contractor's general accounting records, together with supporting documents and Page 6 of 30 Page 534 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Agency for audit. 10. BILLS FOR TRAVEL Travel expenses are not reimbursable unless specifically authorized in writing and shall be reimbursed only in accordance with section 112.061, Florida Statutes. 11. PUBLIC RECORDS Access to Public Records To the extent required by the Florida Public Records Act, Chapter 119, F.S., the Contractor shall maintain and allow access to public records made or received in conjunction with the Contract. (a)The Department may unilaterally cancel the Contract for refusal by the Contractor to allow access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 11 9.07(l), Florida Statutes. (b) If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Page 7 of 30 Page 535 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services Protection of Trade Secrets or Other Confidential Information (a) If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract-related materials") to be trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as "confidential" when submitted to the Department. (b) If the Department receives a public records request for contract-related materials designated by the Contractor as "confidential," the Department will provide only the portions of the contract-related materials not designated as "confidential." If the requester asserts a right to examine contract-related materials designated as "confidential," the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated "confidential." (c) If the Department is served with a request for discovery of contract-related materials designated "confidential," the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated "confidential" only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as "confidential" from disclosure. (d)The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract-related materials as "confidential." 12. RETENTION OF RECORDS Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract, and all other records made in relation to the Contract, for five (5) years after expiration or termination of the Contract. 13. COMMUNICATIONS AND CONFIDENTIALITY The Contractor agrees that it shall make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department's Contract Manager or the Department's designated contact person and securing prior written consent. The Contractor shall maintain confidentiality of all confidential data, files, and records related to the services and/or commodities provided pursuant to the Contract and shall comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, Page 8 of 30 Page 536 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services F.S. The Contractor's confidentiality procedures shall be consistent with the most recent version of the Customer's security policies, protocols, and procedures. The Contractor shall also comply with any applicable professional standards with respect to confidentiality of information. 14. INTELLECTUAL PROPERTY The parties do not anticipate that any Intellectual Property will be developed or created as a result of the Contract. However, in such case as it is developed or created, any Intellectual Property developed or created as a result of the Contract will belong to and be the sole property of the State of Florida. This provision will survive the termination or expiration of the Contract. 15. PREFERRED PRICE AFFIDAVIT REQUIREMENT The Department will provide the Preferred Pricing Affidavit, incorporated by reference, for completion by an authorized representative of the Contractor attesting that the Contractor is in compliance with the preferred pricing provision in section 4(b) of the PUR 1000 form. The Contractor agrees to submit to the Department, at least annually, the completed Preferred Pricing Affidavit. 16. EMPLOYMENT VERIFICATION (E-VERIFY) In accordance with Executive Order Number 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E-Verify system, https:He-verify.uscis.gov/emp, to verify the employment of all new employees hired by the Contractor during the Contract term for the services specified in the Contract. Also, Contractor shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify employment of all new employees hired by the subcontractor during the Contract term. 17. SCRUTINIZED COMPANY LIST In accordance with subsection 287.135(5), Florida Statutes, the Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. In accordance with 287.135, the Department may unilaterally terminate this contract if it determines that the Contractor has submitted a false certification as provided under subsection 287.135 (5), or that it is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. 18. CONVICTED AND DISCRIMINATORY VENDOR LISTS In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. Page 9 of 30 Page 537 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 19. TERMINATION FOR CONVENIENCE The Contract may be terminated by the Department in whole or in part at any time in the best interest of the State. If the Contract is terminated before performance is completed, the Contractor shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. 20. TERMINATION FOR CAUSE If the Department determines that the performance of the Contractor is not satisfactory, the Department shall have the option of(a) immediately terminating the Contract, or (b) notifying the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will be terminated at the end of such time, or (c) take other action deemed appropriate by the Department. 21. COMMITMENT TO DIVERSITY IN GOVERNMENT CONTRACTING The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service- disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, wartime-, and service- disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp(a_dms.myflorida.com. 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. 22. BUSINESS REVIEW MEETINGS The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. 23. ETHICAL BUSINESS PRACTICES Contractors shall work in partnership with the State to ensure a successful and valuable Contract. Ethical practices are required of State employees, Contractors, and all parties Page 10 of 30 Page 538 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services representing the Contractor. All work performed under this Contract will be subject to review by the Inspector General of the State of Florida, and any findings suggesting unethical business practices may be cause for termination or cancellation. 24. GRATUITIES The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State officer or employee. 25. LOBBYING In accordance with sections 11.062 and 216.347, F.S., the Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or an Agency. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract's execution and during the Contract's term. 26. COOPERATION WITH INSPECTOR GENERAL Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any 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 three (3) years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records- schedules/), whichever is longer. 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 of this 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. 27. PRODUCT VARIATIONS/CUSTOM ORDERS New variations, substitutions, including custom orders of existing software licenses, maintenance and services awarded under the Contract will be considered by the Page 11 of 30 Page 539 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services Department if it is in the best interest of the State. All modifications and special requests must receive prior written approval from the Department or Customer before execution of the purchase. Proposed changes are not to compromise the integrity of the software licenses, maintenance or services performance. 28. DELAYS AND COMPLAINTS Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the Contract (via the established Complaint to Vendor process (PUR 7017 form) may result in default proceedings and cancellation. 29. SALES AND USE TAX It is the responsibility of the Contractor to determine how work accomplished under this Contract would be subject to a Use Tax as written in the "Sales and Use Tax" Rule 12A- 1, Florida Administrative Code. Any questions concerning the Use Tax as it relates to this contract shall be directed to the Taxpayer Assistance section at the Department of Revenue (DOR) (800) 352-3671, Monday through Friday, 8 a.m. to 7 p.m. (ET). For more information visit the DOR website at http://dor.myflorida.com/dor/businesses. 30. INSURANCE, LOSS DEDUCTIBLE The Department and Customer shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance. Upon request, the Contractor shall furnish the Department or Customer an insurance certificate proving appropriate coverage is in full force and effect. 31. INSURANCE, SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE The Contractor shall require each of its subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified in section 5, Liability and Workers Compensation Insurance, or the Contractor may insure the activities of its subcontractors in the Contractor's policy, as specified in the Liability and Workers Compensation Insurance Section of this contract. 32. INDEMNITY The Contractor agrees to indemnify, defend, and hold the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits,judgments, or damages, consequential or otherwise, including court costs and attorney's fees, arising out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract, that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Agency. The Contract does not constitute a waiver of sovereign immunity or consent by the Agency or the State of Florida or its subdivisions to suit by third parties. Page 12 of 30 Page 540 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 33. PAYMENT FOR CLAIMS The Contractor guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Contractor or any employee, agent, subcontractor, assignee or delegate in connection with the Contract. 34. PERFORMANCE AND PAYMENT BONDS The authority and responsibility for requesting performance and payment bonds shall rest with the Customer. Under this contract, the Customer issuing the purchase order may request a performance and payment bond as deemed necessary by the size of the job. Inability to provide a bond shall result in the Contractor being found in default of the contract. 35. WARRANTY The Microsoft standard warranty shall cover all software and the Contractor's warranty shall cover Value-added services provided under this the Contract. The Microsoft standard warranty is required to provide coverage against defective software, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Microsoft and Contractor warranty coverage must be identical to or exceed the most inclusive of those normally provided for the commodities and contractual services specified herein that are sold to any State or local governments. Should the Microsoft or Contractor warranty conflict with any requirements, specifications, terms, or conditions of the Contract, the Contract terms and conditions shall prevail. 36. CONTRACT REVISIONS Notwithstanding General Contract Conditions, section 42 of the PUR 1000 Form, the following types of revisions can be made to the Contract upon written authorization by the Department: a) Contractor's Company Information and Contacts b) Contract Administrator c) Contract Forms d) Catalog Revisions The Contractor shall use the appropriate form to request changes to the items listed above and shall submit the form to the Department for review and approval. Only the above listed provisions can be made without a formal Contract amendment. General Contract Conditions, section 42 of the PUR 1000, apply to all other modifications to the Contract. 37. FINANCIAL CONSEQUENCES The Contract Administrator shall periodically review the Contractor's Compliance with the responsibilities and deliverables in the Contract. If the Contractor fails to meet and Page 13 of 30 Page 541 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services comply with the responsibilities and deliverables established in the Contract, Contractor will be subject to damages. See Exhibit C, section 18 for additional information. 38. THIRD PARTY AUDITS AND REPORTING REQUIREMENTS At no additional cost to the State, the Contractor is to contract with an independent third party firm (to be approved by the Department) to conduct, at a minimum, at least one random sampling of the Contractor's price list per quarter in accordance with Section 6.23 of the ITN. The Contractor's failure to comply with this requirement may result in financial consequences and may also result in the Contractor's immediate removal from the Contract. Page 14 of 30 Page 542 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services EXHIBIT B: GENERAL CONTRACT CONDITIONS State of Florida PUR 1000 General Contract Conditions Contents 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20. Limitation of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. Page 15 of 30 Page 543 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer' means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer' may also be the "Buyer' as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product' means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order' means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract Page 16 of 30 Page 544 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so Page 17 of 30 Page 545 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of Contract award, the Customer reserves the right to acquire additional quantities up to the amount shown on the Contract but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery Page 18 of 30 Page 546 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform 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 surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. 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 claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon 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 deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor Page 19 of 30 Page 547 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web- based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer Page 20 of 30 Page 548 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and section 216.347, F.S. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the 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 form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the 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 State (available at: http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). 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 of this 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. 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State 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 or in 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 of the State or a Customer. Further, the Contractor shall fully indemnify, 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 Page 21 of 30 Page 549 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 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 may at its sole expense procure for the 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. 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-up 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 to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any Page 22 of 30 Page 550 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE Page 23 of 30 Page 551 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 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 of the 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. 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 term 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. 27. 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 term 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 term 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 by the Contractor, and all terms and conditions of the Page 24 of 30 Page 552 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services state term or agency contract shall apply to the 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 term or agency contract. For example, if a state term 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 term 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 term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 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 of the 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. 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 to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer Page 25 of 30 Page 553 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the Page 26 of 30 Page 554 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is 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 be through insurers authorized or eligible to write policies in Florida. 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. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the 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 immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 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. Page 27 of 30 Page 555 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, 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. 40. 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 are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 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(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 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 acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. Page 28 of 30 Page 556 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. Page 29 of 30 Page 557 of 1299 State Term Contract No. 43230000-15-02 Licensing Solutions Providers of Microsoft Software and Services EXHIBIT C: CONTRACT FORMS Forms included in this Contract: • Quarterly Reporting (Excel File) • Contact Information Worksheet • Ordering Instructions • Savings / Price Reductions • Preferred Pricing Affidavit • Product Update (Excel File) Quarterly Report (Excel file) 3 3� Quarterly Report Form.xlsx Contractor Information Worksheet A Contractor Informati on Worksheet.doc Ordering Instructions 14 r Ordering Instructions.doc Savings / Price Reductions A Savings-Reduction Verification.doc Preferred Pricing Affidavit r ;; Preferred Pricing Affidavit:.docx Product Update 3 3� Product Update Form.xis Page 30 of 30 Page 558 of 1299 FLORIDA DEPARTMENT of MANAGEMENT SERVICES "Lill MUM 3t Cal t"C"k We serve those who serve Florida Invitation to Negotiate For Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Florida Department of Management Services ITN Issue Date: December 17, 2014 Replies Due: February 17, 2015 2:00 p.m. Eastern Time Page 559 of 1299 Contents 1 Introduction............................................................................................................................ 8 1.1 Objective........................................................................................................................... 8 1.2 Term.................................................................................................................................. 8 1.3 Single Award..................................................................................................................... 8 1.4 Definitions ......................................................................................................................... 9 1.4.1 Catalog ......................................................................................................................... 9 1.4.2 Contract........................................................................................................................ 9 1.4.3 Contract Administrator .................................................................................................. 9 1.4.4 Contractor(s)................................................................................................................. 9 1.4.5 Customer...................................................................................................................... 9 1.4.6 Eligible User.................................................................................................................. 9 1.4.7 Enrollment for Education Solutions (EES)..................................................................... 9 1.4.8 Enterprise ..................................................................................................................... 9 1.4.9 Estimated Reference Price (ERP)................................................................................10 1.4.10 Error Corrections..........................................................................................................10 1.4.11 Florida Price.................................................................................................................10 1.4.12 Licensed Software .......................................................................................................10 1.4.131-icensee ......................................................................................................................10 1.4.141-icensing Solutions Provider (LSP)..............................................................................10 1.4.15Master Business Agreement (MBA) .............................................................................11 1.4.16Microsoft Cloud Solutions ............................................................................................11 1.4.17Microsoft Core Competencies......................................................................................11 1.4.18Microsoft Enterprise Agreement (EA)...........................................................................11 1.4.19Microsoft Enterprise License........................................................................................11 1.4.20Other Eligible User (OEU)............................................................................................11 1.4.21 Software licenses, maintenance and services..............................................................11 1.4.22 Respondent .................................................................................................................11 1.4.23 Responsible Vendor.....................................................................................................11 1.4.24 Responsive Vendor......................................................................................................11 1.4.25Select Plus Agreement.................................................................................................12 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 2 of 74 Page 560 of 1299 1.4.26Software.......................................................................................................................12 1.4.27Software Assurance (SA).............................................................................................12 1.4.28State............................................................................................................................12 1.4.29State Purchasing..........................................................................................................12 1.4.30Value-added Services..................................................................................................12 1.4.31 Vendor(s).....................................................................................................................12 1.5 Commodity Codes............................................................................................................12 1.6 Special Accommodations .................................................................................................13 1.7 Procurement Officer.........................................................................................................13 1.7.1 The Procurement Officer for this solicitation is: ............................................................13 1.8 Submitting Questions .......................................................................................................13 1.9 Limit on Contact Reminder...............................................................................................13 1.10 Supporting Documentation...............................................................................................14 1.11 Must, Shall and Will..........................................................................................................14 2 The Solicitation .....................................................................................................................15 2.1 Governance......................................................................................................................15 2.1.1 The Solicitation Statuses..............................................................................................15 2.1.2 Solicitation in Preview Status.......................................................................................15 2.1.3 Solicitation in Open Status...........................................................................................15 2.1.4 Phases of the ITN Process ..........................................................................................15 2.2 Timeline of Events............................................................................................................16 2.3 Public Meetings During the Solicitation.............................................................................17 2.4 Question Submission Period ............................................................................................18 2.5 Question and Answer (Q&A) Addendum ..........................................................................18 2.6 Additional Addenda..........................................................................................................18 2.7 Contract Formation...........................................................................................................18 2.8 Reply Contents.................................................................................................................19 2.9 Documentation.................................................................................................................19 2.10 Replacement or Withdrawal of Reply to a Solicitation.......................................................19 2.11 Diversity ...........................................................................................................................19 3 General (PUR 1001) and Special Instructions to Respondents .............................................20 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 3 of 74 Page 561 of 1299 3.1 General (PUR 1001) Instructions......................................................................................20 3.2 Special Instructions..........................................................................................................20 3.2.1 MFMP Registration ......................................................................................................20 3.2.2 Sourcing Tips and Training ..........................................................................................21 3.2.3 Training........................................................................................................................22 3.3 Who May Respond...........................................................................................................23 3.4 How to Submit a Reply.....................................................................................................23 3.5 Additional Information.......................................................................................................23 3.6 Alternate Reply.................................................................................................................23 4 Vendor Submission ..........................................................................................................24 4.1 Qualification Questions.....................................................................................................24 4.2 Vendor Price Sheets ........................................................................................................25 4.3 Documentation.................................................................................................................25 4.3.1 Reply Format ...............................................................................................................26 4.4 Contents of Reply.............................................................................................................26 4.4.1 Technical Information...................................................................................................27 4.4.2 Other Required Documentation....................................................................................35 4.5 Vendor Reply Upload .......................................................................................................36 4.5.1 Upload Tab 1, Company Information reply...................................................................36 4.5.2 Upload Tab 2, Experience and Ability reply..................................................................36 4.5.3 Upload Tab 2, Experience and Ability reply..................................................................36 4.5.4 Upload Tab 3, References/Past Performance reply .....................................................36 4.5.5 Upload Tab 4, Disputes reply.......................................................................................36 4.5.6 Upload Tab 5, Financial reply.......................................................................................36 4.5.7 Upload Tab 5, Financial reply, Other Forms.................................................................36 4.5.8 Upload Tab 5, Financial, Other Required Documents ..................................................37 4.5.9 Upload Additional Information ......................................................................................37 4.6 Redacted Submissions.....................................................................................................37 4.6.1 Redacted Copies .........................................................................................................38 4.7 Informational Forms .........................................................................................................38 4.7.1 Vendor Checklist..........................................................................................................38 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 4 of 74 Page 562 of 1299 4.7.2 Quarterly Reporting Form ............................................................................................38 4.7.3 Product Update Form...................................................................................................38 4.7.4 Sample Contract..........................................................................................................38 4.7.5 Timeline of Events .......................................................................................................38 5 Selection Methodology.....................................................................................................40 5.1 Expertise..........................................................................................................................40 5.2 Capacity...........................................................................................................................40 5.3 Past Performance.............................................................................................................40 5.4 Value-added Services ......................................................................................................40 5.5 Negotiation Phase............................................................................................................40 5.6 Evaluation Criteria Scoring...............................................................................................41 5.7 Basis of Award .................................................................................................................42 5.8 Reply Disqualification.......................................................................................................43 5.9 Identical Evaluations of Replies........................................................................................43 6 General (PUR 1000) and Special Contract Terms and Conditions ...................................44 6.1 PUR1000..........................................................................................................................44 6.2 Special Contract Conditions .............................................................................................44 6.2.1 Electronic Invoice.........................................................................................................44 6.2.2 Catalog Specifications (Services included, if applicable)..............................................45 6.2.3 Purchasing Card Program............................................................................................45 6.2.4 Compliance with Laws .................................................................................................45 6.2.5 Liability and Worker's Compensation Insurance...........................................................45 6.2.6 Detail of Bills................................................................................................................46 6.2.7 Bills for Travel ..............................................................................................................46 6.2.8 Public Records.............................................................................................................46 6.2.9 Intellectual Property .....................................................................................................47 6.10 Preferred Price Affidavit Requirement..........................................................................47 6.11 Employment Verification (E-Verify)...............................................................................47 6.12 Scrutinized Company List ............................................................................................47 6.13 Commitment to Diversity in Government Contracting...................................................48 6.14 Business Review Meetings ..........................................................................................48 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 5 of 74 Page 563 of 1299 6.15 Ethical Business Practices...........................................................................................48 6.16 Product Variations/Custom Orders...............................................................................48 6.17 Delays and Complaints ................................................................................................49 6.18 Sales and Use Tax.......................................................................................................49 6.19 Insurance, Loss Deductible..........................................................................................49 6.20 Performance and Payment Bonds................................................................................49 6.21 Warranty......................................................................................................................49 6.22 Contract Revisions.......................................................................................................50 6.23 Third Party Audits and Reporting Requirements ..........................................................50 6.24 Financial Consequences..............................................................................................51 7 Statement of Work............................................................................................................52 7.1 Current Microsoft Agreements..........................................................................................52 7.2 In Scope...........................................................................................................................52 7.3 Out of Scope....................................................................................................................53 7.4 Frequently Purchased Software .......................................................................................53 7.5 LSP Competencies...........................................................................................................54 7.6 LSP Responsibilities.........................................................................................................55 7.6.1 Microsoft Licenses and Support Services.....................................................................55 7.6.2 License Management...................................................................................................55 7.6.3 Customer Service ........................................................................................................55 7.6.4 Training and Instruction................................................................................................56 7.7 Contractor Deliverables and Responsibilities....................................................................56 7.7.1 Quotes.........................................................................................................................57 7.7.2 Product Delivery Schedule...........................................................................................57 7.7.3 Freight On Board (F.O.B.) Destination .........................................................................58 7.7.4 Transaction Fee Report ...............................................................................................58 7.8 Product Specifications......................................................................................................58 7.8.1 Product Acceptance.....................................................................................................58 7.9 Technology Upgrades and Additions................................................................................60 7.10 Software Requirements....................................................................................................60 7.10.1 Version ........................................................................................................................60 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 6 of 74 Page 564 of 1299 7.10.2Software License .........................................................................................................60 7.11 Software Support..............................................................................................................64 7.11.1 Standard Support.........................................................................................................65 7.11.2Optional Support..........................................................................................................65 7.11.3Software Training.........................................................................................................65 7.11.4Value-added Services..................................................................................................66 7.12 License Management.......................................................................................................66 7.13 Pricing and Minimum Orders............................................................................................66 7.13.1 Microsoft's Florida ERP Price List................................................................................66 7.13.2 Pricing..........................................................................................................................67 7.13.3 Discount Rate ..............................................................................................................67 7.13.4Minimum Orders ..........................................................................................................68 7.14 Promotional Pricing ..........................................................................................................68 7.15 Price Adjustments ............................................................................................................68 7.16 New Product Additions.....................................................................................................69 7.17 Product Deletions/Modifications .......................................................................................69 7.18 Reporting .........................................................................................................................70 7.19 Ordering Instructions........................................................................................................71 7.20 Financial and Other Consequences .................................................................................72 7.20.1 Service Level Agreement (SLA) Performance..............................................................72 7.20.2 Incorrect Price Quotes .................................................................................................72 7.20.3 Third Party Audit.........................................................................................................72 7.21 Subcontractors.................................................................................................................72 8 Addenda ...............................................................................................................................74 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 7 of 74 Page 565 of 1299 1 Introduction The State of Florida ("State"), Department of Management Services (DMS or"Department"), invites interested vendors to submit replies to this Invitation to Negotiate (ITN) in accordance with these solicitation documents for the purchase and delivery of Microsoft software licenses, maintenance and services. The purpose of the solicitation is to establish a three year State Term Contract (STC), for use by all State of Florida agencies and Other Eligible Users (OEUs) with potential options for renewals as allowed by Chapter 287, Florida Statutes. Subsection 287.012(28), Florida Statutes, defines STC as "indefinite quantity contracts competitively procured by the Department pursuant to section 287.057, Florida Statutes, available for use by Eligible Users." Information regarding the desired Microsoft software, maintenance, and services can be found in section 5, Selection Methodology, of this solicitation document and in section 7, Statement of Work (SOW). This solicitation will be administered using the Department's e-sourcing tool, MyFloridaMarketPlace (MFMP). Information about submitting a reply can be found in section 3, General and Special Instructions and section 4, Vendor Submission, of this solicitation. Vendors interested in submitting a reply to this solicitation must substantially comply with all of the terms and conditions described within. 1 .1 Objective The goal is to obtain the most cost effective Microsoft software licenses, maintenance and services for the State of Florida. Responsible Vendors must have the capability to provide the Microsoft software licenses, maintenance and services in all respects in accordance with the solicitation documents and to the satisfaction of the Department. The current Microsoft STC (252-001-09-1) has an average annual volume of$47 million dollars for software licenses, maintenance and services provided by a Microsoft approved Licensing Solutions Provider (LSP). Sales volume is for informational purposes only and should not be construed as representing actual, guaranteed, or minimum purchase under any new STC. 1 .2 Term The initial term of the contract will be three years with up to three renewal years. The contract may be renewed for a period that will not exceed the initial contract term, at the renewal pricing or discount rate specified in the contract. The contract term is expected to begin on or about June 1, 2015. 1 .3 Single Award The Department intends to make a statewide award to one Licensing Solutions Provider (LSP). However, the Department reserves the right to award to one or multiple Responsive and Responsible Vendors, as described in section 5, or to make no award, as determined to be in the best interests of the State. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 8 of 74 Page 566 of 1299 1 .4 Definitions In addition to the definitions in the PUR 1000 and 1001, the definitions listed below apply to this solicitation. In case of a conflict between the definitions listed in the PUR documents and the definitions listed below, the definitions listed below will take precedence. 1 .4.1 Catalog A Department approved list of software licenses, maintenance and services or description of services within the scope of the ITN arranged systematically with corresponding Florida Prices. 1 .4.2 Contract The agreement that results from this competitive procurement, if any, between the Department and the Responsive and Responsible Vendor(s) who provides the best value to the State of Florida. (This definition replaces the definition in the PUR 1000.) 1 .4.3 Contract Administrator The DMS Contract Administrator. 1 .4.4 Contractor(s) The responsive and responsible vendor(s) awarded a Contract pursuant to this solicitation. 1 .4.5 Customer Any Eligible User as defined in this solicitation. 1 .4.6 Eligible User As defined in subsection 287.012(l 1), Florida Statutes and Rule 60A-1.005, Florida Administrative Code 1 .4.7 Enrollment for Education Solutions (EES) The Microsoft Volume Licensing Enrollment for Education Solutions (EES) offering, formerly known as the Microsoft Campus Agreement, provides qualified academic customers, of all sizes, a simplified way to acquire Microsoft software and services under a single subscription agreement. The Enrollment for Education Solutions agreement provides assured coverage for desktop platform software licenses, maintenance and services through one annual count of Full-time Equivalent (FTE) employees, the ability to add additional software licenses, maintenance and services as needed, student licensing options, and Software Assurance. 1 .4.8 Enterprise The total business operations in the United States of Eligible User(s) without regard to geographic location where such operations are performed or the entity that is actually performing such operations on behalf of Eligible Users. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 9 of 74 Page 567 of 1299 1 .4.9 Estimated Reference Price (ERP) The price set by Microsoft for Florida Level D (Government) and Florida Level A (Academic). Should Florida's licensing purchases move the state into a different level or different discount rate (based on State of Florida purchases) as defined by Microsoft, the ERP and Florida price is to reflect that change. 1 .4.10 Error Corrections Machine executable software code furnished by the software publisher, which corrects the software so as to conform to the applicable warranties, performance standards and/or obligations of the software publisher. 1 .4.11 Florida Price The ceiling price listed on the Vendor Price Sheet, which is calculated per this solicitation and resulting Contract that can be paid by Customers for Microsoft software licenses, maintenance, and services. 1 .4.12 Licensed Software Software transferred upon the terms and conditions set forth in the Contract. "Licensed Software" includes error corrections, upgrades, enhancements or new releases, and any deliverables due under a maintenance or service contract (e.g., patches, fixes, program temporary fix (PTF), programs, code or data conversion, or custom programming). 1 .4.13 Licensee One or more Eligible Users who acquire licensed software from Contractor by issuing a Purchase Order in accordance with the terms and conditions of the Contract; provided that, for purposes of compliance with an individual license, the term "Licensee" is to be deemed to refer separately to the individual Eligible User who took receipt of and who is executing the software licenses, maintenance and services, and who is to be solely responsible for performance and liabilities incurred. In the case of acquisitions by State Agencies, the Licensee is to be the State of Florida. 1 .4.14 Licensing Solutions Provider (LSP) Approved by Microsoft to provide licensing expertise to enable cost-effective solutions for applicable devices using both on-premises and cloud based software licenses, maintenance and services. For this solicitation, the LSP model will follow the indirect pricing and billing model such that Microsoft provides pricing to the LSP and the LSP sets the customer purchase price. The customer places orders and remits payment to the LSP. In addition to qualifying as a Microsoft LSP, LSPs have at least five years' experience providing the software licenses, maintenance and services described in this solicitation to other government entities similar in size and buying power to Florida from October 1, 2009 to the present. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 10 of 74 Page 568 of 1299 1 .4.15 Master Business Agreement (MBA) The overarching agreement that is established by Microsoft with the State of Florida under which all Microsoft licensing agreements are established. 1 .4.16 Microsoft Cloud Solutions Software and platforms that are sold "as a service" and are accessed remotely through the internet. Examples of Microsoft cloud solutions include, but are not limited to, Office 365, Azure, Microsoft Dynamics, Windows Intune, and Microsoft Cloud OS. 1 .4.17 Microsoft Core Competencies Competency standards Microsoft uses to rate the capability, expertise and commitment of entities, including LSPs. Microsoft Silver competencies represent consistent capability, expertise and commitment while Gold competencies demonstrate best-in-class capability within a specific Microsoft solution area. 1 .4.18 Microsoft Enterprise Agreement (EA) Allows government organizations with more than 250 personal computers, devices and/or users to license Microsoft software and cloud services over a three-year period at the best available pricing. 1 .4.19 Microsoft Enterprise License A license grant of unlimited rights to deploy, access, use, and execute Software licenses, maintenance and services anywhere within the Enterprise up to the maximum capacity stated on the Purchase Order or in the Contract. 1 .4.20 Other Eligible User (OEU) Eligible Users who are not state agencies. 1 .4.21 Software licenses, maintenance and services A deliverable under any solicitation or contract, which may include commodities, services, and/or technology. The term "Software licenses, maintenance and services" includes Licensed Software. 1 .4.22 Respondent A vendor/company that submits a reply to this solicitation. 1 .4.23 Responsible Vendor As defined in subsection 287.012(25), Florida Statute. A vendor who has the capability, in all respects, to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance. 1 .4.24 Responsive Vendor As defined in subsection 287.012(27), Florida Statute. A vendor that has submitted a reply that conforms in all material respects to the solicitation. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 11 of 74 Page 569 of 1299 1 .4.25 Select Plus Agreement A single, organization-wide agreement for volume licensing that supports both centralized and decentralized purchasing of Licensed Software on an as-needed basis. 1 .4.26 Software A generic term for organized collections of computer data and instructions, often broken into two major categories: system software that provides the basic non-task- specific functions of the computer, and application software, which is used by users to accomplish specific tasks. 1 .4.27 Software Assurance (SA) The provision of 247 support, deployment planning services, end-user and technical training, and the latest software releases. Software Assurance must be made available to Customers by the Contractor; however, the purchase of SA is an option. 1 .4.28 State The State of Florida. 1 .4.29 State Purchasing The division within the Department responsible for administration of this solicitation and will be responsible for day-to-day administration of the Contract. 1 .4.30 Value-added Services Non-core services offered to enhance a vendor's proposed offer. These services are to provide direct enhancement to Microsoft software licenses, maintenance and services and may or may not include a charge. 1 .4.31 Vendor(s) The entity or entities capable, authorized to provide, and in the business of providing a commodity or contractual service as described within this solicitation. 1 .5 Commodity Codes Applicable commodity codes for this solicitation are as follows: UNSPSC Codes: • 43230000 Software • 43231500 Business function specific software • 43231507 Project management software • 43231513 Office suite software • 43232300 Data management and query software • 43232400 Development software Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 12 of 74 Page 570 of 1299 • 43232500 Educational or reference software • 43232700 Network application software • 43232701 Application server software • 43232705 Internet browser software • 43232800 Network management software • 43232900 Networking software • 43233004 Operating system software • 43233400 Utility and device driver software 1 .6 Special Accommodations Any person requiring a special accommodation due to a disability should contact the Department's Americans with Disabilities Act (ADA) Coordinator, at (850) 922-7535. Requests for accommodation for meetings must be made at least five workdays prior to the meeting. A person who is hearing or speech impaired can contact the ADA Coordinator by using the Florida Relay Service at (800) 955-8771 (TDD). 1 .7 Procurement Officer The person named below is the Procurement Officer issuing the above listed solicitation. The Procurement Officer is the sole point of contact for information regarding this solicitation from the date of release of the solicitation until the contract award is made and announced in the Vendor Bid System (VBS). 1 .7.1 The Procurement Officer for this solicitation is: Mina Barekat Associate Category Manager Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Phone:850-488-1985 Email: Mina.Barekatp_dms.myflorida.com 1 .8 Submitting Questions All questions regarding the content of this solicitation must be submitted in accordance with section 5 of the PUR 1001 form, which is incorporated into this solicitation by reference in section 3 of the solicitation. Instructions for submitting questions can be found in section 2.4 of this solicitation. 1 .9 Limit on Contact Reminder As a reminder, section 21 of the PUR 1001 form is incorporated into this solicitation by reference in section 3 of the solicitation, please note: Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 13 of 74 Page 571 of 1299 "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 of this provision may be grounds for rejecting a reply." 1 .10 Supporting Documentation All supporting documentation is to be included as part of the Respondent's reply. Failure to provide all supporting documentation may result in the rejection of the reply. 1 .11 Must, Shall and Will Although this ITN uses terms such as "must', "shall", and "will" and defines certain items as requirements, the Department reserves the right, in its discretion, to waive any minor irregularity, technicality, or omission if the Department determines that it is in the best interest of the State to do so. However, failure to provide requested information may result in the rejection of a reply. There is no guarantee that the Department will waive an omission or deviation, or that any Vendor with a reply containing a deviation or omission will advance to the negotiation stage of this procurement. The Department may reject any reply not submitted in the manner specified by this solicitation. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 14 of 74 Page 572 of 1299 2 The Solicitation 2.1 Governance The solicitation is governed by Chapter 287, Florida Statutes, and Rule 60.A-1, Florida Administrative Code. The Department posts solicitations on the Vendor Bid System (VBS) to initiate the process. Replies to the solicitation from the Responsive and Responsible vendors will be evaluated against the Selection Methodology found in section 5. The solicitation has the following statuses and phases: 2.1 .1 The Solicitation Statuses A solicitation formally begins when the Department posts a Notice of Solicitation in the VBS. The VBS is the State of Florida's system of record, and all competitive solicitations are posted there. Generally, the Notice of Solicitation posted in VBS consists of the solicitation number and name, as well as instructions for responding to the solicitation. Solicitations conducted in MFMP can exist in two statuses: • Preview • Open 2.1 .2 Solicitation in Preview Status An ITN published in MFMP is initially in Preview Status. When a solicitation is in Preview Status, potential Respondents and the general public can view and download all the information related to a particular solicitation. Vendors who are registered with MFMP are able to submit questions using MFMP's Messaging tab. The Department will answer all questions submitted through the MFMP Messaging system in a formal Question and Answer Addendum as described in subsection 2.5. A solicitation remains in Preview Status until the Question and Answer Addendum is issued. 2.1 .3 Solicitation in Open Status Once the Question and Answer Addendum is issued, a solicitation enters Open Status. When a solicitation is in Open Status, all vendors who are registered with MFMP may submit replies until the Reply Due Date listed in the Timeline of Events, subsection 2.2. 2.1 .4 Phases of the ITN Process The ITN process is divided into two phases. The Evaluation Phase involves the Department's initial evaluation of replies. During the Evaluation Phase, all responsive replies will be evaluated against the evaluation criteria set forth in this ITN to establish a competitive range of replies reasonably susceptible of award. The Department will Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 15 of 74 Page 573 of 1299 then select one or more Respondents within the competitive range with which to commence negotiations. The Negotiation Phase involves negotiations with the selected Respondent(s). During the Negotiation Phase, the Department may request revised replies and/or best and final offers based on the negotiations. Following negotiations, the Department will post a notice of intended contract award, identifying the Responsive and Responsible Respondent(s) that provides the best value to the state. 2.2 Timeline of Events Respondents should become familiar with the Timeline of Events. A copy of the Timeline of Events is available for download in subsection 4.7.5. The dates and times within the Timeline of Events may be subject to change. All changes to the Timeline of Events will be through an Addendum to the solicitation posted to the VBS and added to the solicitation in MFMP. It is the responsibility of the Respondent to check for any changes in both locations. � m Solicitations Notification posted in the VBS 12/17/2014 Solicitation Opens in MFMP in Preview Mode Public Meeting: Pre-Reply Conference and MFMP Training Non-Mandatory for Respondents 2:00 p.m. 01/09/2015 Betty Easley Conference Center 4050 Esplanade Way, room 101 Tallahassee, FL 32399 Last day to register as a new MFMP vendor and join the event before question submission 2:00 p.m. 01/16/2015 deadline. Question Submission Deadline 2:00 p.m. 01/20/2015 Anticipated Dateof Questions and Answers 02/03/2015 Addendum Respondents May Begin Submitting Replies 2:00 p.m. 02/03/2015 Last day to register as a new MFMP vendor and 2:00 p.m. 02/20/2015 join the event before replies are due. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 16 of 74 Page 574 of 1299 � m Replies Due in MFMP Sourcing 2:00 p.m. 02/24/2015 Public Meeting: Reply Opening Non-Mandatory for Respondents 2:01 p.m. 02/24/2015 4050 Esplanade Way, room 335K Tallahassee, FL 32399 Public Meeting: Evaluation Team Recommendation to Stage 2, Negotiations Non-Mandatory for Respondents 2:30 p.m. 03/11/2015 4050 Esplanade Way, room 101 Tallahassee, FL 32399 Anticipated posting of negotiation vendors 03/25/2015 Negotiation Sessions 04/01/2015—04/17/2015 Public Meeting: Negotiation Team Recommendation to Award Non-Mandatory for Respondents 2:00 p.m. 04/29/2015 4050 Esplanade Way, room 101 Tallahassee, FL 32399 Anticipated date to post Notice of Intent to Award. On or about 05/13/2015 Anticipated Contract Start Date On or about 06/01/2015 All Events following the Reply Opening are anticipated and subject to change in time, date, and location. Activities during the Evaluation Phase may alter the Timeline of Events. The Department will update the Timeline of Events in an Addendum if any changes occur. 2.3 Public Meetings During the Solicitation The Department may conduct Public Meetings. Members of the general public, current vendors, potential vendors, and interested persons are invited to attend any Public Meeting. Anyone attending these meetings is requested, but not obligated, to register their attendance in a means provided by the Department at the time and location of the meeting. Each public meeting will be held according to the Timeline of Events, subsection 2.2. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 17 of 74 Page 575 of 1299 2.4 Question Submission Period The Department invites interested and registered vendors to submit questions regarding the solicitation through the MFMP "Messaging" tab (referred to as the "Q&A Board" in PUR 1001) during the defined Question Submission Period. The Question Submission Period begins in MFMP when the Department publishes a solicitation and closes according to the Timeline of Events, subsection 2.2 of this solicitation. The purpose of this Question Submission Period is to assist the Department in "...assuring the vendor's full understanding of the solicitation requirements" in accordance with subsection 287.057(2), Florida Statutes, by providing registered vendors with written binding answers to questions about the solicitation. In order to submit a question, vendors must be registered in MFMP and able to access the `Messages' tab in the solicitation dashboard per the PUR 1001 Form incorporated into this solicitation by reference in section 3 of the solicitation. Questions must be submitted via the Q&A Board within MFMP and must be received no later than the time and date reflected on the Timeline. Questions are to be answered in accordance with the Timeline. All questions submitted is to be published and answered in a manner that all respondents will be able to view. Respondents are not to contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MFMP site for new or changing information. The Department shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Department's contracting personnel. 2.5 Question and Answer (Q&A) Addendum The Department will issue an addendum containing the questions submitted by registered vendors and the written binding answers of the Department. This addendum will be issued according to the Timeline of Events, subsection 2.2. 2.6 Additional Addenda The Department reserves the right to modify this solicitation by issuing additional addenda. Addenda may modify any aspect of this solicitation. Any addenda issued will be posted on the VBS and within MFMP. It is the vendor's responsibility to check for any changes to a solicitation prior to submitting a reply. 2.7 Contract Formation The Department intends to enter into a Contract with the awarded vendor(s) pursuant to the Selection Methodology in section 5. The Contract will be composed of the following: • Contract Cover Sheet Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 18 of 74 Page 576 of 1299 • Special Contract Terms and Conditions • General Contract Conditions • Statement of Work (SOW) • Vendor Price Sheets • Contract Forms • Other Documentation (as required) A vendor's reply to this solicitation is its agreement to and waiver of any objections, not already waived by lack of timely proper petition under paragraph 120.57(3)(b), Florida Statutes, regarding the General and Special Contract Terms and Conditions and to the SOW. 2.8 Reply Contents The Respondent reply is to be organized as directed in subsection 4.4 of this solicitation. Respondents are to complete each section entirely or the Respondent may be deemed nonresponsive. 2.9 Documentation All documentation supplied by a vendor as part of its sealed reply to this solicitation becomes the exclusive property of the Department upon the Reply Opening listed in the Timeline of Events, subsection 2.2. 2.10 Replacement or Withdrawal of Reply to a Solicitation A vendor may replace or withdraw a submitted reply to a solicitation at any time prior to the Reply Opening listed in the Timeline of Events, subsection 2.2. See subsection 3.2 for instructions regarding entering and revising replies in MFMP. 2.11 Diversity The Department is dedicated to fostering the continued development and economic growth of small, minority-, veteran-, and women-owned businesses. Participation of a diverse group of Respondents doing business with the State is central to the Department's effort. To this end, small, minority-, veteran-, and women-owned business enterprises are encouraged to participate in the State's procurement process as both awarded (prime) Respondents and subcontractors under prime contracts. Companies that desire to be certified as a small, minority-, veteran-, or women-owned business can request certification information from the Department's Office of Supplier Diversity, which can be reached by clicking here. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 19 of 74 Page 577 of 1299 3 General (PUR 1001 ) and Special Instructions to Respondents This section contains the general instructions, special instructions, and helpful information for Respondents. 3.1 General (PUR 1001 ) Instructions General Instructions to Respondents (PUR 1001) is incorporated into this solicitation by reference and may be downloaded and viewed by clicking on the link here: PUR 1001 3.2 Special Instructions This section contains special instructions regarding MFMP vendor registration, sourcing tips and training information, as well as, information regarding who may respond and how to submit a reply. 3.2.1 MFMP Registration In order to submit a question or reply, vendors must have a current vendor registration and be listed as 'active' for "Sourcing Events" within the MFMP Vendor Information Portal (VIP). The VIP can be accessed via this link: https:Hvendor.myfloridamarketplace.com/. The MFMP may be accessed using the following link: https:Hsourcing.myfloridamarketplace.com Registered State of Florida Vendors: Login using your MFMP Vendor Information Portal username and password to view active solicitations. To see other solicitation information, please go to the VBS. Click here to go to VBS. Public Access: If you wish to view active solicitations click the 'Public Access' button. To see other solicitation information, please go to the VBS. Click here to go to VBS. To participate in a solicitation within MFMP, you must be a registered MFMP vendor. If you are not currently registered with MFMP you must: 1. Create an account through the MFMP VIP. 2. Within MFMP - VIP, indicate on the Solicitations page that you wish to participate in electronic solicitations. 3. Within MFMP - VIP, in the Commodity Selections section, select the commodity codes for the goods and services that your business would like to provide to the State. You will not be informed of events for commodities that you do not select here. Please Note that changes made in MFMP - VIP, including new registrations, will take effect the following business day. Click here to register. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 20 of 74 Page 578 of 1299 All Vendors: Vendors must complete their registration at least 48 hours before a reply submission is due. In order to join an event in MFMP and post questions related to the solicitation, Respondent must review and accept the agreement to use MFMP (see tips below). 3.2.2 Sourcing Tips and Training a) After logging into MFMP, "My Events" lists events the Respondent already chose to "Join" (i.e., you intend to submit a formal reply). b) "Public Events" lists those events associated with the Respondent's registered commodity codes listed in their VIP accounts, but the Respondent has not yet "Joined." c) Joining an event moves the event from "Public Events" to "My Events," allows the Respondent to submit questions about the event, and alerts Respondents to any associated updates (e.g., addenda, event edits, etc.). d) Respondents must join an event to submit replies to solicitations. e) To respond to a solicitation, respondents must review and accept the electronic agreement on the "Review and Accept Agreement" page. Click the radio button next to, "I accept the terms of this agreement." The Sourcing acceptance acknowledgement agreement is a general agreement that prospective Respondents accept the broad overall requirements of the solicitation as being focused on the good/service sought, and the general requirements of how the Department seeks delivery of that good/service. It is a preliminary acknowledgement that terms and conditions (T&Cs) are accepted in terms of understanding what the solicitation is calling for, and it is not a legally binding agreement that all T&Cs are accepted as is, without further question, clarification, and negotiations. MFMP will request that the Respondent acknowledge that all T&C generally described are understood, and accepted for purposes of understanding generally what is being solicited. No Respondent is bound to the T&C outlined in the solicitation until the final evaluations, award, and Contract occurs. f) When responding, save work frequently— at intervals less than 20 minutes. MFMP automatically times out after 20 minutes of inactivity. Any unsaved information will be lost when the system times out. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 21 of 74 Page 579 of 1299 g) Clicking the "Save" button within MFMP only saves solicitation replies. h) To transmit replies to the state, Respondents must click "Submit Entire Reply." i) After clicking the "Submit Entire Reply" button, Respondents are responsible to verify and validate any submitted reply in MFMP to assure their replies are accurate and complete prior to the reply closing time. j) Respondents should allow sufficient time, prior to the Solicitation event period closing, to address any errors and resubmit revised replies. k) To validate replies; please do the following before the Solicitation period ends: i. Click the "Reply History" link to confirm that your"submitted" reply is visible, and therefore formally submitted. ii. Confirm that a status of"Accepted" displays next to your submitted reply. iii. Click on the Reference number of your submitted reply to review the submission. iv. Please check the following: L Text boxes — Is your entire answer viewable? L Yes/No questions —Are the displayed answers correct? L Attachments —Will attachments open and are the documents viewable, complete and the correct one for that attachment request? For questions, please contact the MFMP Customer Service Desk at 1-866-352-3776 or email vendorhelp(_myfloridamarketplace.com. The awarded vendor(s)will be required to pay the required transaction fees as specified in section 14 of the PUR 1000, unless an exemption has been requested and approved prior to the award of the contract, pursuant to subsection 287.042(h), Florida Statutes. 3.2.3 Training MFMP offers a vendor training guide on the DMS website at: http://www.dms.myflorida.com/business operations/state purchasing/myfloridamarketpl ace/mfmp vendors/vendor toolkit/mfmp sourcing 3 0 upgrade. Respondents may download the pdf document for review. In addition, MFMP training will be offered to vendors as indicated in subsection 2.2, Timeline of Events. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 22 of 74 Page 580 of 1299 3.3 Who May Respond The Department will evaluate replies from Responsive and Responsible vendors that are LSPs, (as defined in this solicitation), which have been approved by Microsoft as LSPs and have at least five years' experience providing Microsoft software licenses, maintenance and services described in this solicitation to other government entities similar in size and buying power to Florida from October 1, 2009 to the present. Respondents must be able to sell Enterprise Agreements (including EES for academic) and Select Plus licensing agreements. Respondents may not satisfy either the LSP requirement or the volume requirement through association with one or more other LSPs or association with other Responsive and Responsible vendors. In addition, to be eligible for award, a Respondent is to demonstrate the capability to perform a statewide contract in the State of Florida, meet the criteria listed in section 4, section 7, and answer"yes" to all Qualification Questions listed in subsection 4.1 of this solicitation. 3.4 How to Submit a Reply Respondents are to submit their replies electronically via MFMP. The Department will only evaluate replies submitted using MFMP. Respondents are to answer the qualification questions listed in subsection 4.1 in order to be able to submit a reply. Replies that do not contain all of the requested information may be deemed non-responsive. Fancy bindings, colored displays, and promotional material are not desired. The emphasis of each reply is to be on completeness and clarity of content, prepared simply and economically, providing a straightforward, concise delineation of the respondent's capabilities to satisfy the requirements of this ITN. Respondents are responsible for submitting their replies by the date and time specified in the Timeline of Events located in subsection 2.2 of this solicitation. The Department will not consider late replies. 3.5 Additional Information By submitting a reply, the vendor certifies that it agrees to and satisfies all criteria specified in the solicitation. The Department may request, and a Respondent is to provide, supporting information or documentation. Failure to supply supporting information or documentation as requested may result in the vendor being determined to not be a responsive vendor and their replies not being evaluated. 3.6 Alternate Reply Respondent may only submit one reply. Within the reply the Respondent is to submit pricing and discounts as provided in the Vendor Price Sheet. The Department seeks each Respondent's single-best Reply for the State of Florida as outlined in the ITN, specifically section 4, Vendor Submission, and section 7, Statement of Work. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 23 of 74 Page 581 of 1299 4 Vendor Submission Section 4 of this solicitation contains the substance of the requested reply. Although vendors are to read and consider this entire solicitation, responding vendors will submit and provide documentation only as required in this section Respondents are to answer all questions and submit all documentation requested as part of this section, in accordance with the instructions presented for each subsection. 4.1 Qualification Questions Responding vendors shall submit a Yes/No Reply to the following Qualification Questions within MFMP. A responding vendor must meet the qualifications identified and certify their compliance with the requirements in the following Qualification Questions in order to be considered Responsible and Responsive for award. Vendors must answer all qualifying questions truthfully. VENDORS THAT ANSWER `NO' TO ANY OF THE QUALIFICATION QUESTIONS WILL BE CONSIDERED NON-RESPONSIVE AND THEIR REPLIES WILL NOT BE EVALUATED. Does Respondent certify that the person submitting the reply is authorized to submit a reply on behalf of their company? Does the Respondent certify that their company is an authorized LSP for Microsoft software licenses, maintenance and services? Does the Respondent certify that it has at least five years' experience providing Microsoft software licenses, maintenance and services described in this solicitation to other government entities similar in size and buying power to Florida from October 1,` 2009 to the present? Does Respondent certify that it is not a Discriminatory Vendor or Convicted Vendor as defined in sections 7 and 8 of the PUR 1001? Does Respondent certify that it is not on the Suspended/ Complaints to Vendor lists? Click on this link to confirm: lists Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 24 of 74 Page 582 of 1299 Does Respondent certify that it is not on the Scrutinized e Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List pursuant to section 215.473, Florida Statutes? Does Respondent certify its representation that all the statements contained within section 9 of PUR 1001 (Respondents Representation and Authorization) are true as applied to Respondent? Does the Respondent certify that it will, if awarded, submit to the Department, at least annually, a completed and signed Preferred Pricing Affidavit as outlined in subsection 4.4.1.5 and required by 6.10? Does the Respondent certify that it has an ACTIVE registration with the Florida Department of State, Division of Corporations? 4.2 Vendor Price Sheets Pricing replies (government and academic) are to be organized as directed in in section 4.4.1.5, Vendor Price Sheet Submission. Responding vendors are to submit complete replies as specified in the "Vendor Price Sheet" or the responding vendor may be determined a non- responsive vendor and its reply may not be evaluated. Please attach the Vendor Price Sheet(s) as directed in the "Pricing Reply" link provided in subsection 4.5. In addition to providing the required Reply information within the Vendor Price Sheet, the responding vendor agrees and confirms that they have not altered the information, specifications, and contents of the Vendor Price Sheet, as created by the Department. Any alteration of the Vendor Price Sheet specifications or contents may result in the Respondent not being considered a Responsive Respondent and their replies not being evaluated. Please upload completed Vendor Price Sheet(s) as indicated in subsection 4.5 of this solicitation document. 4.3 Documentation Respondents are to upload an electronic copy of the requested documentation in the following sections. The following conditions apply to each item in this section: • In the case where the Department provides an attachment (i.e. "Download the Worksheet/ Price Sheet/ Form) that is able to be electronically filled in, responding Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 25 of 74 Page 583 of 1299 vendors are to download the attachment, fill it out, and then attach the completed copy in the link provided in section 4.5, Vendor Reply Upload, within MFMP. • In the case of original or signed documentation, responding vendors may attach scanned copies of original documents. • In the case where multiple original or signed items are requested, please combine multiple scanned items into a single PDF attachment. • MFMP accepts files up to 20 Megabytes in size. 4.3.1 Reply Format Respondent is to provide, in subsection 4.5.3, Upload Tab 2, a reply that is specific to section 7 of this ITN. The Respondent is to respond to this section by inserting their reply immediately below the text of each numbered provision and respond to each sub- provision of sections 7.6 to 7.21 with one of the following: a. Agreed Where the term is acceptable as stated. b. Modification Proposed Where Respondent is unable to accept the term as stated but will accept a modification of the term. Respondent must provide: (1) the reason for its inability to accept the term as stated and (2) modified language which would be acceptable. c. Not Agreed Where the term is completely unacceptable to Respondent and no modification is possible. Respondent must state the reason such term is unacceptable. Paragraphs in section 7 identified with a reply of"Modification Proposed" or "Not Agreed" may be discussed during negotiation sessions, if the respondent is promoted during the initial evaluation period to the negotiations stage. The Department reserves the right, but does not intend, to negotiate any other section of the solicitation except for price. However, the Department reserves the right to modify, when in the best interest of the state and within the scope of the ITN, by addition or deletion, terms and conditions during the negotiation process. 4.4 Contents of Reply Respondents are to submit their reply in the following format with all information indicated in each section below. (See subsection 4.5 for upload instructions.) Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 26 of 74 Page 584 of 1299 4.4.1 Technical Information Replies are to be organized in sections as directed below. Respondents are to complete each section entirely or the Respondent may be deemed non-responsive. Submit the following sections of the Reply as a single attachment through the MFMP. The Reply is to be organized as follows: 4.4.1.1 Tab 1 Company Information Tab 1 is to contain the following information: a) Company name and address(es) b) The company's principle place of business c) An executive summary of the reply. (Do not include any pricing information in the executive summary.) d) Contractor Information Worksheet, Attachment 1 Respondent is to submit one completed Attachment 1 with the reply. This form identifies persons responsible for answering questions about the reply and administering the Contract. The Worksheet can be downloaded as indicated below. Respondents are to fill out the Worksheet and upload it at the link provided in subsection 4.5. DOWNLOAD ATTACHMENT 1, THE CONTRACTOR INFORMATION WORKSHEET e) Ordering Instructions, Attachment 2 The Respondent is to submit one completed Attachment 2 with the reply. This form identifies the contact information, phone numbers, remit to address, and any special instructions necessary for Customers to successfully place an order with Respondent. The form can be downloaded below. Respondents are to fill out Attachment 2 and upload it at the link provided in subsection 4.5. DOWNLOAD ATTACHMENT 2, ORDERING INSTRUCTIONS f) Authorization to Do Business in Florida Vendors who wish to conduct business in the State of Florida must be registered with the Florida Department of State, Division of Corporations. Licensing Solutions Providers responding to this solicitation must have an ACTIVE registration listed on the website at www.sunbiz.orq. Active registration must be maintained throughout the term of the Contract. The active registration requirement includes any "doing business as" (dba) fictitious names that the Respondent intends to use in the Contract. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 27 of 74 Page 585 of 1299 g) Capacity The Respondent is to describe their ability to provide Microsoft software products and associated services to all Eligible Users throughout the State of Florida. Respondents are to detail their ability to provide coverage to the various entities throughout the state in the following areas: • Sales of software licenses and maintenance • License management • Customer support • Training Capacity in all of the above areas must cover the entire state. If the Respondent is not able to provide coverage to the entire state on their own, the Respondent is to describe their plan to obtain partners to ensure that the entire state is covered so that all Eligible User can acquire the software and services they require. Scoring of Capacity is outlined in section 5.6 of the solicitation. 4.4.1 .2 Tab 2 Experience and Ability to Provide Microsoft Software Tab 2 is to contain the following information: a) Brief history of the company b) Company's organizational chart Respondent is to provide information regarding their company organization as it pertains to this solicitation (i.e. Contract Manager, Contract Manager's supervisor, support staff for licensing, support staff for services, sales staff, etc.). Respondent is to include the name of the individual filling each of the top level positions and their contact information. c) Prior Work Experience Respondent is to provide information regarding prior work experience with similar contracts or services and must be able to demonstrate that they have operated as a Microsoft LSP, in a government setting, providing Microsoft software and services as defined in subsection 1.4.14 of this solicitation. d) LSP Experience The Respondent must be able to provide documentation that demonstrates Respondent has been certified by Microsoft as a LSP for a minimum of the past five years. The respondent must show that it has experience providing Microsoft software licensing, maintenance and services to government entities in size and buying power to Florida from December 1, 2009 to the present. Experience may be combined from Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 28 of 74 Page 586 of 1299 multiple accounts within that time period. This documentation is in addition to that requested in 4.4.1.2 (f). e) Expertise Respondent's expertise is to be detailed as outlined below and will be evaluated based upon the Respondent's ability to demonstrate those abilities as shown in section 5.6, Evaluation Criteria and Scoring, in the following areas: 1. Knowledge of Microsoft Licensing and Agreements Respondents are to demonstrate a strong knowledge of Microsoft licensing processes and procedures and an ability to explain those processes and procedures in layman's terms so that all Customers will have a clear expectation and understanding. To demonstrate this ability, Respondents are to provide a sample explanation of a standard licensing agreement as part of their reply to this section. Respondent is to provide information to demonstrate their knowledge of Microsoft licensing and the associated agreements (Select Plus, EA, and EES) and their experience in managing these various types of agreements in a government and academic setting. Information may include training completed, Microsoft course certifications, contracts previously managed, documentation of licensing specialists within the Respondent's organization and any other information the Respondent deems necessary to fully demonstrate their ability to provide information to Customers regarding the various types of Microsoft licenses in a clear and concise manner. 2. Microsoft Core Competencies, Attachment 3 Respondent is to download and submit a completed Attachment 3 and provide supporting documentation as identified in section 7.5, LSP Competencies. Download Attachment 3, Microsoft Core Competency Checklist 3. Knowledge of Government and Agencies Respondent is to document their clear understanding of government purchasing processes and lead time requirements based on their prior experience with similar size government entities and detail their ability to provide Microsoft software licenses and associated services to Florida government and academic entities. Documentation is to demonstrate that Respondent is fully capable of working with all Eligible Users, which are made up of various sizes, requirements, and purchasing needs (centralized and decentralized purchasing procedures). Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 29 of 74 Page 587 of 1299 4. License Management Respondent is to document their detailed proposed plan for managing all Microsoft software licenses sold under the Contract as described in section 7.6.2, License Management. 5. Subject Matter Experience Respondent is to provide documentation to demonstrate that they are an expert in providing Microsoft software licenses and services. Documentation may include employee certifications that demonstrate special Microsoft knowledge or skills maintained by Respondent, the number of employees within the Respondent's organization capable of meeting the Microsoft Competencies outlined in section 7.5 and the manner in which those employees will be made available to respond to various needs of the state as detailed within this ITN, awards received related to Microsoft software achievements, and any other documentation Respondent wishes to provide to demonstrate that they are the best vendor to provide Microsoft software licensing and services to the State. 6. Customer Service Respondent is to provide their definition of good customer service as it relates to a potential contract and explain their plan to provide the best possible customer service to all state agencies and OEUs, provide a plan to monitor the customer service provided to Eligible Users by Respondent's staff and sales team, and a plan for corrective measures to ensure Respondent can maintain the highest quality of customer service possible. 7. Training and Instruction Respondents are to document a training and instruction plan that clearly demonstrates the LSP's ability to provide, implement, and monitor their proposed training and instructions for each of the items listed below and detailed in section 7.6.4, Training and Instruction: a) Microsoft Certified Training for Resellers Respondent is to provide documentation to demonstrate completion of all Microsoft Certification Training (MCT). Documentation of training certification is required for this solicitation. See section 7.6.4.1 for additional information. b) Customer Training Respondent is to provide training to customers on the various Microsoft software, licenses, maintenance and services. Training may be web-based, Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 30 of 74 Page 588 of 1299 classroom instruction, tip sheets, individualized or in any other method appropriate for Microsoft software, licenses, maintenance and services. c) Staff Training Respondent is to provide documentation of the types of training it will employ to ensure that their staff are knowledgeable of Microsoft software licenses, maintenance and services and can provide information to Eligible Users in a way that is easily understandable to assist Eligible Users in making the appropriate licensing decisions for their agency, to provide excellent customer service, to ensure that sales to Eligible Users align with contract requirements and approved Florida Pricing, and to ensure that all staff dealing with Eligible Users have a thorough understanding of the Contract requirements (once awarded). 8. Transition Plan Respondent is to provide a transition plan that details how the Respondent will assist customers during the transition from the incumbent under Contract 252- 001-09-1, to the awardee under this solicitation as an onboarding process and is to provide an exit strategy from the Contractor under this solicitation to any potential new vendor at the end of the contract term. Plan details are to, at a minimum, include the following: • Transition of customer information from incumbent to awardee; o Customer location and contact information o Customer licenses owned and licenses purchased o Customer Agreement expiration dates o Any particular Customer issues or concerns for which the awardee should be aware • Agreement tracking process to assist Customers in ensuring that there are no lapses in Customer agreements with regard to renewals; • Risk mitigation processes and procedures; and • Communications plan. f) Software Publisher's Certification, Attachment 4 Respondent is to submit one completed, signed and dated, Attachment 4, Software Publisher's Certification, to the Department electronically using MFMP as part of their Reply. The Attachment 4 form must certify that the Respondent is directly authorized by Microsoft to provide the software licenses, maintenance and services contained in Respondent's reply. Attachment 4 is to be executed by an authorized Microsoft representative only and may not be completed by the Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 31 of 74 Page 589 of 1299 LSP. LSP agreements will not be accepted in lieu of a Software Publisher's Certification form. Download Attachment 4, Software Publisher's Certification g) Reply to Statement of Work, sections 7.6—7.23 The Respondent is to submit their reply to section 7 as outlined in subsection 4.3.1 above. Failure to provide all of the required documentation and corresponding information noted in Tab Two with the Reply may result in the Respondent being deemed non-responsive. 4.4.1.3 Tab 3 References and Past Performance a) References: Respondent is to provide a minimum of five governmental and/or academic references for Microsoft software sold in the United States in the last twenty-four months. References provided should support the Respondent's ability to meet the needs of Eligible Users under a Florida STC. References are to include the following: the name of the agency, university, city, county or school board, contact information and indicate the specific software product or services and where it was purchased. Failure to supply the required documentation may result in disqualification of the reply. References are to pertain to current and ongoing software sales or services or those that were completed prior to October 1, 2014. References are not to be given by: 1) Persons employed by the Department within the past three years. 2) Persons currently or formerly employed or supervised by the Respondent or its affiliates. 3) Board members within the Respondent's organization. 4) Relatives of any of the above. Each reference is to include the following information: 1) Company name, address, name of principal contact, telephone number, Email address, contract number, contract term, description of contract, and contract dollar value. 2) References will be contacted by the Department and asked the questions identified in the Reference document. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 32 of 74 Page 590 of 1299 3) Respondents are to download the attached Reference form and complete the top section of the reference form. (The form may be duplicated for each reference provided. Completed forms may be combined and attached as one document.) b) Past Performance, Attachment 5 Vendor past performance will be considered as part of the evaluation process and will be assessed during the reference checks identified in subsection 4.4.1.3.a, References, and in section 5.6, Evaluation Criteria and Scoring. Past performance questions listed on Attachment 5 will enable the Department to determine the Respondent's ability to perform with regard to this solicitation. DOWNLOAD ATTACHMENT 5, REFERENCE/PAST PERFORMANCE 4.4.1.4 Tab 4 Disputes Respondents are to identify all contract disputes Respondent (including its affiliates, subcontractors, agents, etc.) has had with any customer, including Eligible Users, within the last five years related to contracts under which Respondent provided commodities or services in the continental United States on an enterprise level. The term "contract disputes" means any circumstance involving the performance or non- performance of a contractual obligation that resulted in any of the following actions: a) The institution of any judicial or quasi-judicial action against Respondent as a result of the alleged default or defect in performance; or b) The assessment of any fines or liquidated damages under such contracts. For each dispute, Respondent is to list the following information: a) Identify the contract to which the dispute related; b) Explain what the dispute related to; and c) Explain whether there was a resolution of the dispute and provide a brief summary of the resolution. Additional supporting documentation may be requested as needed. d) If the dispute is ongoing, identify the status of the dispute. e) If the dispute could in any way affect the Respondent's ability to perform on any resulting contract for this solicitation, Respondent must provide additional information regarding any potential impact as well as Respondent's mediation plan. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 33 of 74 Page 591 of 1299 If the Respondent has had no disputes during the timeframe identified, the Respondent is to provide a signed, notarized statement indicating that the vendor has no current disputes with any customers and the vendor has not had any contract disputes with any of its vendors in the past five years. 4.4.1.5 Tab 5 Financial and Industry Standing and Strength Each Respondent is required to provide information regarding its "Financial and Industry Standing and Strength" in order to demonstrate that it is financially stable, in good standing with creditors and Microsoft, and has the resources necessary to provide software licenses, maintenance and perform the services outlined in this ITN on a statewide basis. a) Financial Statements Respondents are to include financial statements for the last three full-calendar years, prepared in accordance with Generally Accepted Accounting Principles. (Financial documentation may be combined into one file and uploaded as one document.) i. DMS will consider the Respondent's financial viability to perform the services outlined in this ITN. ii. DMS will base the consideration of the Respondent's financial viability on the Financial Statements. DMS will find Respondent's financial viability acceptable or unacceptable based upon the financial strength of the company. iii. Financial status will not be scored. b) Vendor Price Sheet Submission, Attachment 6 Pricing information is identified in section 7.13, Pricing and Minimum Orders, of the ITN. Associated forms are listed below. Attachment 6, Vendor Price Sheet is provided for your review. Price Sheets are not to be submitted as part of the initial Reply. Price Sheets will be requested during the negotiation period. DOWNLOAD A BLANK COPY OF ATTACHMENT 6,VENDOR PRICE SHEET c) Preferred Pricing Affidavit, Attachment 7 Contractors are to submit to the Department, at least annually, a copy of the completed Attachment 7 as required in subsection 6.10, Preferred Price Affidavit Requirement, of this solicitation document. DOWNLOAD A BLANK COPY OF ATTACHMENT 7, PREFERRED PRICING AFFIDAVIT Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 34 of 74 Page 592 of 1299 d) Savings / Price Reductions, Attachment 8 Respondent are to submit one accurately completed Attachment 8 with their Reply containing the Microsoft software and services offered to the State of Florida and a method(s) for the Department to verify the savings information provided. Attachment 8 will not be used to determine award, only to verify the Savings / Price Reductions being offered. Attachment 8 is to be submitted to the Department electronically using MFMP. DOWNLOAD ATTACHMENT 8, SAVINGS/PRICE REDUCTIONS 4.4.2 Other Required Documentation a) Department of State Registration Form (Statement of Good Standing) Respondent is to submit a copy of its active registration (www.sunbiz.org)with the Department of State, which authorizes the company to do business in Florida. b) Certification Forms In the event that the Department's evaluation results in identical evaluations of replies, the Department will select a Respondent based on the criteria identified in subsections 287.187(4), 287.057(l 1), Florida Statutes and Rule 60A-1.011, F.A.C. Please provide the following documentation, if applicable. • Certification of Drug-Free Workplace, Attachment 9 (required for all vendors) • Certification of Minority Business (optional) • Certification of Wartime or Service Disabled Veteran (optional) DOWNLOAD A COPY OF ATTACHMENT 9, CERTIFICATION OF DRUG-FREE WORKPLACE If these do not apply to your company, please upload a document with a statement to that effect. c) Purchase Orders/ Invoices All respondents are to provide a minimum of three purchase orders or invoices with the reply package to document the sales of software similar to those listed in the Respondent's reply. Purchase orders or invoices are to indicate the date the order was received and the date the order was shipped to the Customer. Purchase orders provided should be comparable or represent a typical order that would be placed by a state agency or eligible user (i.e. city, county or school). Purchase orders may, but are not required to, match the references cited above. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 35 of 74 Page 593 of 1299 d) E-Verify Respondent must also provide Employment Verification (E-Verify) information per subsection 6.11 of this solicitation. The Respondent is to include a screenshot of the E-Verify company information registration page. e) Emergency Situations, Attachment 10 Respondent is to provide a completed copy of Attachment 10. DOWNLOAD A COPY OF ATTACHMENT 10, EMERGENCY SITUATIONS f) Scrutinized Company Certification, Attachment 11 Respondent is to provide a completed copy of Attachment 11. DOWNLOAD A COPY OF ATTACHMENT 11, SCRUTINIZED COMPANY CERTIFICATION 4.5 Vendor Reply Upload Respondent is to upload their complete reply as follows. (Be sure to include all completed forms for this section.) 4.5.1 Upload Tab 1 , Company Information reply. (Company information, Attachment 1, Attachment 2, and Capacity information) 4.5.2 Upload Tab 2, Experience and Ability reply (Company History, Company Organization Chart, and Prior Work Experience, LSP Experience, Expertise, Attachment 3 and supporting documentation, Attachment 4, and MCT certifications) 4.5.3 Upload Tab 2, Experience and Ability reply (Reply to section 7 as identified in section 4.3.1, Reply Format, and subsection 4.4.1.2, Experience and Ability to Provide Microsoft Software.) 4.5.4 Upload Tab 3, References/Past Performance reply (Attachment 5) 4.5.5 Upload Tab 4, Disputes reply 4.5.6 Upload Tab 5, Financial reply (Financial Statements) 4.5.7 Upload Tab 5, Financial reply, Other Forms (Attachment 7 and Attachment 8) Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 36 of 74 Page 594 of 1299 4.5.8 Upload Tab 5, Financial, Other Required Documents (Statement of Good Standing, Certifications, Attachment 9, Attachment 10, E-Verify Information, Attachment 11, and Purchase Orders.) 4.5.9 Upload Additional Information (Upload any additional information pertinent to Respondent's submission such as software licenses, maintenance and services literature as applicable.) 4.6 Redacted Submissions The following subsection supplements section 19 of the PUR 1001. If a responding vendor considers any portion of the documents, data or records submitted in reply to this solicitation to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Respondent must mark the document as "Confidential" and simultaneously provide the Department with a separate redacted copy of its reply and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy is to contain the Department's solicitation name, number, and the name of the responding vendor on the cover, and is to be clearly titled "Redacted Copy." The Redacted Copy should only redact those portions of material that the Respondent claims are confidential, proprietary, trade secret or otherwise not subject to disclosure. In the event of a request for public records pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, to which documents that are marked as confidential are responsive, the Department will provide the Redacted Copy to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the responding vendor such an assertion has been made. It is the responding vendor's responsibility to assert that the information in question is exempt from disclosure under Chapter 119 or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the responding vendor in a legal proceeding, the Department will give the responding vendor prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable law). The responding vendor is to be responsible for defending its determination that the redacted portions of its reply are confidential, proprietary, trade secret, or otherwise not subject to disclosure. By submitting a solicitation, the responding vendor agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to the responding vendor's determination that the redacted portions of its solicitation are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If the responding vendor fails to submit a redacted copy of information it claims is confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 37 of 74 Page 595 of 1299 4.6.1 Redacted Copies Please attach any Redacted Copies. 4.7 Informational Forms The following forms are for information purposes only and are not required to be completed and returned with the reply submission. 4.7.1 Vendor Checklist This form is a checklist to assist Respondents in ensuring that all required parts of the reply have been gathered, completed and submitted in the appropriate section of the reply. DOWNLOAD A COPY OF THE VENDOR CHECKLIST 4.7.2 Quarterly Reporting Form This form is a sample of the form that must be submitted at the end of each quarter as outlined in subsection 7.18, Reporting. DOWNLOAD A COPY OF THE QUARTERLY REPORTING FORM 4.7.3 Product Update Form This form is a sample of the form that must be submitted when reporting software licenses, maintenance and services changes as detailed in subsections 7.16, New Software licenses, maintenance and services Additions, and 7.17, Product Deletions/Modifications, of the ITN. DOWNLOAD A COPY OF THE PRODUCT UPDATE FORM 4.7.4 Sample Contract This is a sample of a potential contract document. The final contract will be provided to awarded Respondents after the notice of contract award has been posted. The Contract will become effective upon the last date signed. DOWNLOAD A COPY OF THE SAMPLE MICROSOFT CONTRACT 4.7.5 Timeline of Events The Timeline of Events, subsection 2.2, contains all of the pertinent times and dates connected with this solicitation. Respondents should become familiar with this document. The dates and times within the Timeline of Events may be subject to change. All changes to the Timeline of Events will be noticed through an Addendum to the solicitation posted to the VBS and added to the solicitation in MFMP. It is the responsibility of the Respondent to check for any changes in both locations. FOR CONVENIENCE, DOWNLOAD A COPY OF THE TIMELINE OF EVENTS Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 38 of 74 Page 596 of 1299 4.7.6 Complete Copy of the ITN Respondents may download a copy of the complete ITN for review and reply purposes. For convenience, a PDF and Word version is provided. Download a copy of the complete ITN THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 39 of 74 Page 597 of 1299 5 Selection Methodology Each evaluator will score the Respondents in the areas of: 1) Expertise, and 2) Capacity. The Department will add these two scores along with the score for past performance, for a Final Evaluation Score. The Final Evaluation Scores for all Respondents will be used to rank the Replies (Reply with the highest score = 1, the second highest = 2, etc.). The ranking for each Reply will be used to establish a competitive range to determine which Respondents may be invited to participate in negotiations. The Department intends to first negotiate with the three most highly ranked Respondents, but the Department reserves the right to negotiate with fewer Respondents, more than three Respondents, or to reject all Replies 5.1 Expertise Respondent's expertise will be evaluated (see section 5.6) to determine their understanding and ability to provide all Microsoft agreements for Government and Academic entities, as outlined in subsection 4.4.1.2, Tab Two, Experience and Ability to Provide Microsoft Software. 5.2 Capacity Respondents will be evaluated based on their demonstrated ability to provide coverage for all State of Florida Eligible Users as defined section 4.4.1.1.g of this solicitation and as outlined in the Statement of Work, section 7. 5.3 Past Performance Respondent's past performance will be evaluated as outlined in subsection 4.4.1.3, Tab Three, References and Past Performance, and in section 5.6, Evaluation Criteria Scoring. 5.4 Value-added Services Value-added Services will also be considered during the negotiation stage along with the Respondent's expertise capacity, price and past performance. The Department reserves the right to not award proposed services, if proposed services are out of scope of this ITN or if the Respondent cannot demonstrate to the Department's satisfaction their ability to provide such services to the State. 5.5 Negotiation Phase The Department may provide specific agenda topics to the invited Respondent(s) prior to the beginning of negotiations. The Department reserves the right to negotiate concurrently or separately with competing Respondents. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply does not affect this right. Pricing will be requested during the Negotiation Phase and will be negotiated to achieve the best pricing for all Florida Government and Academic entities. The pricing proposed for all contract years will be discussed and considered as part of the best value determination. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 40 of 74 Page 598 of 1299 The Vendor Price Sheets provided include specific Select Plus and Enterprise Agreement software or software bundles for which all Respondents moved forward to the negotiation period must provide upon request. Respondents may also provide other Microsoft software; however, discounts offered for the software lists are to apply to all software proposed (i.e. x percent for Select Plus, x percent for Enterprise, x percent for Academic). 5.6 Evaluation Criteria Scoring Respondent replies are to be evaluated using the following scale. Performance Measure Total Possible Points Maximum Points Expertise (see section Scale of 1 — 10 for each item 105 points 4.4.1.2 for detail) • Demonstrated high knowledge • Knowledge of and ability = 15 points Microsoft Agreements • Demonstrated some and Core knowledge and ability = 5 Competencies points • Customer Service • Demonstrated little knowledge • Knowledge of and ability = 1 point Government and • Demonstrated no knowledge agencies or ability = 0 points • License Management • Subject Matter Expertise • Training and Instruction • Transition Plan Capacity (see section • Coverage of entire state = 100 100 points 4.4.1.1.g and section 7.6) points • Demonstrates ability • Partial coverage = 0 points to cover the entire State of Florida for all eligible users Past Performance • Each reference meeting the 100 points Reference responds minimum criteria = 20 Points "Yes" to 9 of 15 • Each reference that does not questions. meet the minimum criteria = 0 points Total Possible Points 305 Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 41 of 74 Page 599 of 1299 Scoring Example: Step 1 A total score will be calculated for each reply by each individual Evaluator. Vendor Evaluator A Evaluator B Evaluator C Points Points Points Respondent1 305 305 300 Respondent2 245 260 241 Res ondent3 285 295 285 Res ondent4 210 210 202 Respondent 5 31 31 35 Step 2 The Evaluator scores will be reviewed and averaged. The ranking of each Reply will be used to establish a competitive range to determine which Respondent may be invited to participate in negotiations. The Department intends to first negotiate with the three most highly ranked Respondents, but the Department reserves the right to negotiate with fewer Respondents, more than three Respondents, or to reject all Replies. The Department reserves the right to negotiate concurrently or separately with selected Respondents. Vendor Evaluator Evaluator Evaluator Average A Points B Points C Points Points Respondent1 305 305 300 303 Res ondent2 245 260 241 249 Respondent3 285 295 285 232 Respondent4 210 210 202 207 Respondent5 31 31 35 32 5.7 Basis of Award After negotiations are completed, the Negotiation team will rank the Respondents based upon their capacity, demonstrated ability to provide expertise, best pricing, and past performance. The Department reserves the right to make a single award or to make multiple awards to Responsive and Responsible Respondents as determined to be in the best interest of the State of Florida, and to accept or reject any and all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State of Florida's best interests. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 42 of 74 Page 600 of 1299 Any outstanding transaction fees owed or open reports listed in MFMP must be resolved to the Department's satisfaction prior to entering into any contract. 5.8 Reply Disqualification Replies that do not meet all requirements, specifications, terms, and conditions of the solicitation or fail to provide all required information, documents, or materials may be rejected as not responsive. Respondents whose replies, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a contract may be rejected as not responsible. The Department reserves the right to determine which replies meet the requirements of this solicitation, and which Respondents are Responsive and Responsible. 5.9 Identical Evaluations of Replies In the event that the Department's evaluation results in identical evaluations of replies, the Department may elect a respondent based on the criteria identified in subsections 287.057(l 1), 295.187(4), Florida Statutes, and Rule 60A-1.011, Florida Administrative Code, where applicable. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 43 of 74 Page 601 of 1299 6 General (PUR 1000) and Special Contract Terms and Conditions This section contains the General Contract Conditions and the Special Contract Conditions for this solicitation. 6.1 PUR1000 General Contract Conditions, PUR 1000, is incorporated by reference and may be downloaded and viewed by clicking on the link here: PUR 1000. 6.2 Special Contract Conditions Respondents must meet the following special contract conditions: 6.2.1 Electronic Invoice The Contractor is to supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MFMP. Contractor agrees, upon Department's request, to establish electronic invoicing within ninety (90) days of written request. Electronic invoices are to be submitted to the Customer through the Ariba Network (AN) in one of three mechanisms as listed below. 6.2.1.1 Commerce eXtensible Markup Language (cXML) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for electronic invoicing. 6.2.1.2 Electronic Data Interchange (EDI) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an EDI environment. This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services. 6.2.1.3 Purchase Order (P.O.) Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the Ariba Network (AN) for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the P.O. into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 44 of 74 Page 602 of 1299 to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the software licenses, maintenance and services made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the Electronic Invoicing upon contract award. 6.2.2 Catalog Specifications (Services included, if applicable) Vendor Price Sheets submitted by an awarded vendor with the solicitation are incorporated into the Contract as a software licenses, maintenance and services Catalog. Any additional terms and conditions contained in the Catalog will not apply to the Contract. 6.2.3 Purchasing Card Program Contractor must accept the Universal card format Purchasing Cards (e.g., American Express, MasterCard, and Visa). However, the Purchasing Card is not the exclusive method of payment (e.g., Purchase Order). The method of ordering and payment (e.g., Purchase Order, Purchasing Card) is to be selected by the Eligible User. 6.2.4 Compliance with Laws The Contractor is to comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. For example, Chapter 287, of the Florida Statutes and Rule 60A of the Florida Administrative Code govern the Contract. The Contractor is to comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any such applicable laws, roles, codes, ordinances and licensing requirements, may be grounds for Contract termination. 6.2.5 Liability and Worker's Compensation Insurance During the Contract term, the Contractor at its sole expense is to provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, at a minimum, is to be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost is to be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of$500,000, including hired and non-owned liability, Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 45 of 74 Page 603 of 1299 and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. The Contract is to not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor are not to be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies are to be through insurers authorized to write policies in Florida. 6.2.6 Detail of Bills Contractor is to submit bills for fees or other compensation for services or expenses in detail sufficient enough for a proper pre-audit and post-audit. The Department reserves the right to request additional documentation. 6.2.7 Bills for Travel Bills for travel expenses, if permitted, are to be submitted in accordance with section 112.061, Florida Statutes. 6.2.8 Public Records The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution or subsection 11 9.07(l), Florida Statutes. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access as required in this section. If, under the Contract, the Contractor is providing services and is acting on behalf of the Department as provided under subsection 119.011(2), Florida Statutes, the Contractor, subject to the terms of paragraph 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, is to: a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 46 of 74 Page 604 of 1299 confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Please see section 4.6, Redacted Submissions, for additional guidance with regard to public records requests. 6.2.9 Intellectual Property The parties do not anticipate that any Intellectual Property will be developed or created as a result of the Contract. However, in such case as it is developed or created, any Intellectual Property developed or created as a result of the Contract will belong to and be the sole property of the State of Florida. This provision will survive the termination or expiration of the Contract. 6.10 Preferred Price Affidavit Requirement The Department will provide the Preferred Pricing Affidavit, incorporated by reference, for completion by an authorized representative of the Contractor attesting that the Contractor is in compliance with the preferred pricing provision in section 4(b) of the PUR 1000 form. The Contractor agrees to submit to the Department, at least annually, the completed Preferred Pricing Affidavit. (See section 4.4.1.5 and 4.5.8 for form and submittal information.) 6.11 Employment Verification (E-Verify) Pursuant to State of Florida Executive Order Number 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E-Verify system to verify eligibility of all new employees hired by the Contractor to work in the U.S. during the Contract term. Also, Contractor is to include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Contract utilize the E-Verify system to verify the eligibility of all new employees hired by the subcontractor to work in the U.S. during the Contract term. (See section 4.4.2 and 4.5.9 for additional information.) 6.12 Scrutinized Company List Pursuant to subsection 287.135(5), F.S., by signing a contract or renewal of a contract where the value exceeds $1 million to which this clause is attached, the Respondent or Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S. Pursuant to subsection 287.135(3)(b), F.S, Department may immediately terminate any contract for cause if the Contractor is found to have submitted a false certification Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 47 of 74 Page 605 of 1299 under subsection 287.135(5), F.S., 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. 6.13 Commitment to Diversity in Government Contracting The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service- disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, wartime-, and service- disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelp(_dms.myflorida.com. Upon request, the Contractor is to 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. 6.14 Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the agenda. Prior to the meeting, the Contractor is to provide input for the agenda to the Department for review and acceptance. The Contractor is to address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. 6.15 Ethical Business Practices Any vendor awarded business as a result of this ITN is to work in partnership with the State to ensure a successful and valuable contract, and ethical practices are required of State employees, Contractors, and all parties representing the Contractor. All work performed under this contract will be subject to review by the Inspector General of the State of Florida, and any findings suggesting unethical business practices may be cause for termination or cancellation. 6.16 Product Variations/Custom Orders New variations, substitutions, including custom orders of existing software licenses, maintenance and services awarded under the Contract will be considered by the Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 48 of 74 Page 606 of 1299 Department if it is in the best interest of the State. All modifications and special requests must receive prior written approval from the Department before execution of the purchase. Proposed changes are not to compromise the integrity of the software licenses, maintenance or services performance. 6.17 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract (via the established Complaint to Vendor process (PUR 7017 form) may result in default proceedings and cancellation. 6.18 Sales and Use Tax It is the responsibility of the Contractor to determine how work accomplished under this contract would be subject to a Use Tax as written in the "Sales and Use Tax" Rule 12A-1, Florida Administrative Code. Any questions concerning the "Use Tax" as it relates to this Contract are to be directed to the Taxpayer Assistance section at the Department of Revenue (DOR) (800) 352-3671, Monday through Friday, 8 a.m. to 7 p.m. (ET). For more information visit the DOR website at http://dor.myflorida.com/dor/businesses. 6.19 Insurance, Loss Deductible The Customer is to be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible is to be the sole responsibility of the Contractor providing such insurance. Upon request, the Contractor is to furnish the Customer an insurance certificate proving appropriate coverage is in full force and effect. 6.20 Performance and Payment Bonds The authority and responsibility for requesting performance and payment bonds is to rest with the Customer. Under this contract, the Customer issuing the purchase order may request a performance and payment bond. Inability to provide a bond is to result in the Contractor being found in default of the contract. 6.21 Warranty Microsoft's standard warranty is to cover all software and contractual services of the Contract. Microsoft's standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. Microsoft's standard warranty coverage must be identical to or exceed the most inclusive of those normally provided for the software and contractual services specified herein that are sold to any state or local governments. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 49 of 74 Page 607 of 1299 Should Microsoft's standard warranty conflict with any requirements, specifications, terms, or conditions of the Contract, the Contract terms and conditions are to prevail. 6.22 Contract Revisions Notwithstanding General Contract Conditions, section 42 of the PUR 1000 Form, the following types of revisions can be made to the Contract upon written authorization by the Department: 1) Contractor's Information Worksheet; 2) Ordering Instructions Form; 3) Contract Quarterly Report Form; 4) Catalog Revisions; 5) Any other forms included as part of the ITN solicitation documents. Only the above listed provisions can be made without a formal Contract amendment. General Contract Conditions, section 42 of the PUR 1000, applies to all other modifications to the Contract. 6.23 Third Party Audits and Reporting Requirements At no additional cost to the State, the Contractor is to contract with an independent third party firm (to be approved by the Department) to conduct, at a minimum, at least one random sampling of the Contractor's price list per quarter. The random sample is to be large enough to ensure the results of the audit are at a 95 percent level of confidence with a margin of error of+/- three (3) percent. Specifically, the third party firm will confirm the discounts off the Microsoft ERP Level D price list for government and ERP Level A for academic, which will be posted on the DMS contract website, are the same as or better than with the discounts offered at contract award. The third party firm is to provide the results of each quarterly audit to the Department's Contract Manager. At a minimum, the audit is to identify the following: • Date of the audit • Name of the auditor • Items selected in the random sampling • Price listed on the Microsoft ERP price list • The Contractor's minimum discount rate for that item • The price resulting from Microsoft ERP minus Contractor discount • Price on the Contractor's price sheet • The audit results (i.e. difference +/-) Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 50 of 74 Page 608 of 1299 The Contractor's failure to comply with this requirement may result in financial consequences and may also result in the Contractor's immediate removal from the Contract. The third party auditor may, upon the Department's request, be asked to also compare actual price quotes received by an Eligible User to ensure that price quotes to Customers are the same as or better than pricing on the Contractor's price sheet most recently approved by the Department. Upon such request, the third party auditor is to provide to the Department the same information as noted above as it relates to that individual price quote. The third party auditor is to consider the pricing information provided to them confidential and is to not release the information to any other party outside of the Department. 6.24 Financial Consequences The Contract Administrator shall periodically review the Contractor's Compliance with the responsibilities and deliverables in the Contract. If the Contractor fails to meet and comply with the responsibilities and deliverables established in the Contract, Contractor will be subject to damages. See subsection 7.20 for additional information. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 51 of 74 Page 609 of 1299 7 Statement of Work Respondents are to have the capability to provide Microsoft software and services to all Eligible Users within the State of Florida in accordance with the solicitation documents and to the satisfaction of the Department. 7.1 Current Microsoft Agreements The current Microsoft contract contains the following agreements: • Master Business Agreement (MBA) o State and Local Government ■ Enterprise Agreements (includes Office 365 and other Cloud Solutions) ■ Select Plus Agreement o Academic Agreements ■ Enrollment for Education Solutions (EES), which replaced the Campus and School Agreement (includes Office 365 and other Cloud solutions) ■ Select Plus Agreement ■ Library and Museum Agreement (currently in the addition process) • Master Services Agreement (MSA) o Premier Support o Consulting Services Information regarding the agreements listed above can be found on the Department's website at: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/state contracts and agreements/state term contracts/microsoft license maintenance services/form s and other information 7.2 In Scope Respondents are to provide Microsoft software licenses and maintenance with optional support offerings. The Department will work directly with Microsoft to establish any master licensing agreements and associated services for the Contract; however, each customer will be required to sign individual license agreements to establish the term (i.e. 12 or 36 months) and any special requirements of the customer agreement(s). Licenses, maintenance and services under this solicitation may be provided in any of the following ways: • All Microsoft perpetual and subscription licenses, which may include the agreement types identified under the MBA in subsection 7.1; • Software maintenance (standard and optional); • Value-added services directly related to Microsoft software such as the following: Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 52 of 74 Page 610 of 1299 o Limited, small-scale (short duration (less than 3 months), low person hours (less than 480 hours), and small team (less than five members)) consulting services; o Installation assistance; and o Associated software training. Respondents are to submit replies that include all Microsoft software licenses and maintenance, and may propose additional services such as documentation, training, installation, and other value-added services. The forms provided in this solicitation are to be used for the reply as identified in section 4, Vendor Submission. Respondent may make copies if additional pages of the provided forms are needed. 7.3 Out of Scope Items that are out of scope are not to be considered and may be a basis for finding the Respondent non-responsive. Items that are out of scope include, but are not limited to, the following: • Software provided by software publishers other than Microsoft • Information Technology Hardware (i.e. personal computers, laptops and tablets) and hardware accessories and services. • Large scale consulting services (services provided directly by Microsoft are under a separate contract). Additional consulting services for large scale projects that are available on other Department State Term Contracts. 7.4 Frequently Purchased Software The chart below identifies the software license counts for the Microsoft software most frequently purchased by the State. The chart includes the name of the software type, the date last reviewed by Microsoft, and the associated total (to date) license counts on file with Microsoft. It also identifies license counts for Office 365 (0365). (License counts for 0365 for schools were not provided by Microsoft.) The Department expects to receive increased discounts for these frequently purchased software licenses and maintenance and may standardize EAs at some point during the contract term with input from the Agency for State Technology. Discount rates are discussed in further detail in subsection 7.13.3. Respondents may also propose alternative approaches for EAs such as a recommended standard EA, server-based EA, which would be separate from desktop, user-based EA, or a mechanism for combining the EAs of various agencies as they go through Data Center Consolidation as required in Chapter 282, Florida Statutes, with co-term expirations and effective dates. Enterprise Software Date License Counts Top Three Software (State and Local Gov't) Core/Enterprise/Individual Client Access 4/3/2014 321,584 Licenses (CALS) Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 53 of 74 Page 611 of 1299 Windows O/S 4/3/2014 191,767 Office Professional 4/3/2014 120,034 Other Software Frequently Purchased Exchange (standalone Exchange standard and 6/9/2014 22,561 Enterprise CALs) Visio (standard and professional) 6/9/2014 3,896 Project (standard and professional) 6/9/2014 2,523 0365 Purchases (State and Local Gov't) *Office 365 (E3/G3)—State Agencies 8/22/2014 61,203 *Office 365 (E3/G3)—Cities and Counties 4/3/2014 9,682 *Office 365 numbers are listed separately for State Agencies and Cities/Counties due to special waterfall pricing offered by Microsoft to State Agencies. It is the State's goal to combine license counts for 0365 to achieve even lower pricing. 7.5 LSP Competencies In order to meet the varying needs of all Eligible Users, the following Microsoft Competencies are desired. Per subsection 4.4.1.2, Tab 2, Respondents are to submit in section 4.5, Vendor Reply, a completed copy of the Microsoft Core Competency Checklist, indicate Gold or Silver competency rating along with their reply, and provide competency verification in the form of certificates or other documentation from Microsoft as proof of competency. The Department desires a broad coverage of listed Competencies to ensure that the wide varieties of the State's needs are met. LSPs are encouraged to add additional competencies throughout the life of the contact and to provide new or updated certifications to the Contract Administrator as they become available. Application platform Core infrastructure • Application Development Devices and Deployment • Application Integration Identity and Access • Application Lifecycle Management Management and Virtualization • Business Intelligence Server Platform • Data Platform Business Productivity Customer segments • Collaboration and Content Midmarket Solution Provider • Communications Small Business • Digital Advertising • Messaging Additional Competencies • Project and Portfolio Management Business Productivity Online Suite • Cloud Accelerate Business applications Cloud Essentials • Customer Relationship Management Distributor • Enterprise Resource Planning Hosting • Intelligent Systems Learning • Mobility Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 54 of 74 Page 612 of 1299 • OEM • Software Asset Management • Office 365 Cloud Deployment Partner • Volume Licensing • WebsiteSpark 7.6 LSP Responsibilities LSP(s) awarded a contract under this ITN will be responsible for the following: 7.6.1 Microsoft Licenses and Support Services LSP will act as a representative of Microsoft by providing a means for all Eligible Users to purchase Microsoft software licenses, maintenance and services under the Contract. 7.6.2 License Management LSP will document its plan for managing all Microsoft software licenses sold under the Contract. License management should include, but is not limited to the following: • Tracking of Software Licenses sold to ensure that Customers are fully aware of future expiration dates well in advance of expiration to ensure that licenses do not lapse unless intended by the Customer. • License tracking support (website and vendor assistance as needed) • Tracking of individual licenses and server licenses exempt from Chapter 282, Florida Statute, requirements. • Standardization of customer (agency/OEU) names to facilitate ease of tracking licenses purchased. • Provide a single contact for license tracking and a trained licensing specialist to assist Customers with licensing questions. After Contract award, the LSP will update the plan, as needed, and will provide a copy of any revised plans to the Department's Contract Administrator. 7.6.3 Customer Service The State highly values excellent customer service and expects the LSP to provide the best possible customer service to all state agencies and OEUs. The LSP's Contract Manager is responsible for monitoring the customer service provided to Customers by LSP's staff, sales and support teams, and employing, as necessary, corrective measures identified in the customer service plan proposed in the ITN reply to section 4.4.1.2.e).6, Customer Service, to ensure that the LSP will provide and maintain the highest quality of customer service possible. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 55 of 74 Page 613 of 1299 7.6.4 Training and Instruction Contractors will implement the training and instructions plan proposed under section 4.4.1.2 of the ITN in the following areas: 7.6.4.1 Microsoft Certified Training for Resellers Contractors will provide evidence that they have successfully completed Microsoft Certified Training (MCT) and will promptly provide the Department with documentation for any updated MCT completed throughout the contract term, including that required to maintain Contractor's status as an LSP or any equivalent or higher successor designation. 7.6.4.2 Customer Training Contractors will provide training to Customers for all widely used (i.e. Office Professional) Microsoft software and services. Training may be offered in any of the following formats: • Web-based; • Tutorials; • Documentation; • Classroom setting; and • Classroom settings that can also be broadcast to other agency/OEU offices throughout the state and that may be recorded for future playback. 7.6.4.3 Contractor's Staff Training Contractors are to provide training for staff to ensure they are properly trained to support this Contract. At a minimum, training will ensure the following: • Contractor Contract Manager understands all deliverables and requirements unique to the Contract and is capable of meeting all requirements in a timely and professional manner; • Staff understands Florida government purchasing processes, Customer unique issues and concerns with respect to the purchase of Microsoft software and services; • Staff is knowledgeable about all Microsoft software licenses, maintenance and services for which they are responsible; • Staff are properly educated with regard to Florida pricing to ensure that Customers are quoted from the correct price lists; • Staff are Customer friendly; and • Staff providesrp ompt and accurate replies to Customer requests. 7.7 Contractor Deliverables and Responsibilities Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 56 of 74 Page 614 of 1299 Contractors are responsible for all deliverables and responsibilities identified within this solicitation. Failure to perform as required within this document may result in financial consequences and any other consequences as outlined within this solicitation. 7.7.1 Quotes Contractor quotes must be provided to Customers on company letterhead, on an official company quote form, or via the MFMP eQuote tool that clearly identifies the following: • Company name; • Appropriate contact information; • Quote number and date of quote; • Quote effective and termination dates; • The name of the agency/OEU to which the quote is provided; • Customer's physical and delivery address; • Customer's name and contact information; • Detailed description of each item quoted; • Unit price (Florida Price); • Number of units to be purchased (quantity); • Total price; • Additional savings achieved through volume discount/additional negotiations, if any; • Any specific requirements made by the ordering agency/entity (as identified in the Purchase Order or Statement of Work; and • Any special instructions (i.e. download instructions) for the ordering agency/entity. The detail provided within the quote must provide enough information that the Customer can clearly understand what they are purchasing, delivery date and download instructions, how much they are paying for the items purchased and any additional terms associated with the purchase. In addition, if the quote offers custom skus, which reflect additional savings, Contractor must also identify the standard sku numbers that would have been used had the Customer purchased the items separately. The Customer must have confidence that the quote provided is a valid quote from the Contractor, that the price quoted directly correlates to the Florida Price and that any additional savings achieved through a volume discount or additional negotiation is clearly noted. 7.7.2 Product Delivery Schedule Delivery is requested within 30 calendar days after receipt of any order. If this delivery date cannot be met, the Contractor must state on the Vendor Price Sheet, Purchase Order, or on an individual price quote to the requesting Customer the number of days Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 57 of 74 Page 615 of 1299 required to deliver the software or service at the ordering Customer's designated location. Failure to state the delivery time obligates the LSP to complete delivery within 30 days unless otherwise mutually agreed between the Contractor and the Customer. Extended delivery dates may be considered when in the best interest of the ordering entity. A Customer may request and negotiate with the LSP for a shorter term delivery at the Customer's expense, if necessary, for emergency orders. Software licenses may be downloaded, if available, as an acceptable method of delivery. See subsection 7.8.1.1 of this solicitation for additional requirements for downloaded software. 7.7.3 Freight On Board (F.O.B.) Destination All proposed discounts submitted are to include the full cost of standard ground delivery to any destination within Florida (prices must reflect FOB destination, inside delivery to the Customer placing the order or their designee). All deliveries must be made during normal State work hours and within the agreed upon number of days unless otherwise arranged and coordinated by the Customer requesting the software. The Contractor will give the Customer immediate notice of any anticipated delays or company shutdowns that will affect the delivery requirement. Loss or damage that occurs during shipping, prior to the order being received by the Customer, is the Contractor's responsibility. All orders are to be properly packaged to prevent damage during shipping. 7.7.4 Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the Transaction Fee Reporting and vendor training subsections under Vendors on the MFMP website. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk at Fee Processing(_myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. 7.8 Product Specifications The following information provides guidance regarding software licenses, maintenance and services acceptance, cost, product revisions. 7.8.1 Product Acceptance Section 215.422, Florida Statutes, states "Approval and inspection of goods or services is to take no longer than 5 working days unless the reply specifications, purchase order, or contract specifies otherwise." Any special conditions must be Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 58 of 74 Page 616 of 1299 expressed in writing either on the P.O. or in the SOW that is attached to the P.O. The vendor and customer must agree to any special acceptance time frames in advance. If a software license is downloaded, then the P.O. date will be the acceptance date. 7.8.1.1 Downloaded Software If software download is available, Customers may download software upon the Contractor's acceptance of the P.O. Upon acceptance of the P.O., the Contractor is to provide to the Customer clear instructions for all downloads along with the link for downloading the purchased software. If downloaded software appears to contain errors or if the file is corrupt, the Customer shall be encouraged by the Contractor to immediately contact the Contractor to resolve the issue. The Contractor shall also encourage the Customers to download purchased software as soon as they receive the download instructions because the software license begins (unless otherwise agreed) on the date of P.O. acceptance by the vendor and NOT the date of download. If software download issues cannot be resolved, the Contractor is to either promptly refund the Customer's money or provide software in another format acceptable to the Customer. 7.8.1.2 Shipped Software If software is shipped to the Customer, then the Customer will have 5 business days from the date of physical receipt of the software to accept the software. All software to be shipped under the Contract must be delivered in the original shrink-wrap packaging provided by Microsoft to insure freedom from tampering. The State will not accept re- packaged software. An occurrence of any Customer receiving re-packaged software may result in contract termination. Respondent's reply must include a "total satisfaction" return policy for unopened media and all documentation and shall not impose any restocking fees or liability on the Customer for such returns. Total satisfaction policies may include software replacement with compatible features and capabilities, length of time (i.e. three years following software installation date), or caveat (i.e. total satisfaction applies to software that is continuously maintained). The LSP must accept all orders and furnish software required during the full term of this contract and any extensions thereof unless other arrangements have been mutually agreed upon by the LSP and Contract Administrator. In order for software to be deemed accepted, software is conditioned upon the following: Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 59 of 74 Page 617 of 1299 • The software is free of computer viruses as determined by commercially available antivirus software. • The software must be delivered with the relevant manuals or access was provided to electronic manuals, as applicable. • The required functionality is fulfilled as determined by the software operating in conformity with the applicable Microsoft software licenses, maintenance and services specifications. 7.9 Technology Upgrades and Additions The Department intends to obtain for the duration of the Contract or any contract renewals or extensions thereof, software licenses, maintenance and services that reflect the industry's latest technology. The Department recognizes that there will be new software licenses, maintenance and services and new software versions that will become available during the life of this Contract that is not yet released on the date of contract award. The LSP may add new Microsoft software licenses, maintenance and services, delete software no longer offered, or request to modify software bundles or definitions consistent with the Microsoft offering for the State of Florida and the discounts offered by the LSP. Change requests may be submitted to the Department Contract Administrator using the form provided in the ITN. All items offered under this ITN must remain within the scope of the contract in discount, price and functionality. Any proposed revisions must comply with the requirements listed in subsections 7.16 and 7.17 of this solicitation. The Department reserves the right to review the software most frequently purchased on an annual basis and to request additional discounts, if appropriate. All new software and services will be conditioned upon approval from the Department. 7.10 Software Requirements The following software requirements are to be a part of all software purchases and are to supersede any requirements located in Microsoft's terms and conditions. 7.10.1 Version Purchase Orders are to be deemed to reference Microsoft's most recently released version of the software at time of order, unless an earlier version is specifically requested in writing by the Customer and the Contractor is willing to provide such version. 7.10.2 Software License The Department understands that Microsoft's software license terms and conditions may be provided to Customers along with purchased software; however, such license terms are neither considered a part of, nor are they to supersede, the Contract. Upon Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 60 of 74 Page 618 of 1299 request from a Customer, the Contractor shall assist the Customer in resolving conflicts between any software license terms and the Contract with Microsoft. Where software is acquired on a licensed basis, the following terms are to constitute the license grant to the Customer ("Licensee"): 7.10.2.1 Scope: Licensee is granted a non-exclusive license to use, execute, reproduce, display, perform, or merge the software licenses, maintenance and services within its Enterprise up to the maximum licensed capacity identified on the purchase order. The software may be accessed, used, executed, reproduced, displayed, or performed up to the capacity measured by the applicable licensing unit identified on the purchase order. 7.10.2.2 Documentation for Perpetual Licenses: Upon request, the Contractor is to deliver to the Licensee, at the Contractor's expense, (1) one master electronic copy and one hard copy of software documentation or (2) one master electronic copy and hard copies of the software documentation by type of license in the following amounts, unless otherwise agreed: for individual/named user, one copy per Licensee; for concurrent users, ten copies per site; for processing capacity, ten copies per site. The master electronic copy is to be in either CD-ROM or other acceptable format and usable without conversion (for example, if a unit has only a CD-ROM drive, software is to be provided on CD). The Contractor will grant the Licensee a perpetual license, where applicable, and the right to make, reproduce (including downloading electronic copies), and distribute, either electronically or otherwise, copies of software documentation as necessary to enjoy full use of the software licenses, maintenance and services in accordance with the terms of the license. Licensee's right to use the documentation is limited to Licensee's internal business purposes in conjunction with Licensee's use of the software. 7.10.2.3 Documentation for Subscription Licenses: Upon request, the Contractor is to provide to the Licensee, at the Contractor's expense, access to electronic copies of the software subscription documentation. Access to this documentation is not to require a user id or password and must be available for the ordering entity to share with their agency employees, for business purposes, as appropriate. 7.10.2.4 Technical Support and Maintenance: Licensees may acquire support services from Contractor on an order. The Contractor shall ensure the provision of error corrections, patches, updates, revisions, fixes, upgrades, and new releases (collectively "Updates") to Licensee at no additional charge. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 61 of 74 Page 619 of 1299 Help Desk assistance may be made available via toll-free or local telephone call or on-line. The Contractor is to assist the Licensee in maintaining the software so as to ensure Licensee has the ability to use the software in accordance with the software documentation, without significant functional downtime to ongoing operations during the maintenance term. The maintenance term(s) and any renewals are independent of the Contract term, but must comply with PUR 1000, Purchase Order Duration, requirements. The Licensee may discontinue maintenance at the end of any current maintenance term upon notice to the Contractor; the maintenance term will not automatically renew. If the Licensee does not initially acquire, or discontinues maintenance, the Licensee may at any later time reinstate maintenance without any penalties or other charges, by paying the Contractor the amount, if any, required in order to bring the software up to the current software version. Chapter 215, Florida Statutes prohibits State agencies from paying for any software licenses, maintenance and services not received. Therefore, the State will not pay a reinstatement fee if during the time of maintenance lapse no software updates, bug fixes or patches were provided for that software to other customers. 7.10.2.5 Transfers/Reassignment: Licensee's operations may be altered, expanded, or diminished. Licenses may be transferred, renegotiated or combined for use at an alternate or consolidated site not originally specified in the license, including transfers between agencies and sites. There will be no additional license or other transfer fees due, provided that (1) the maximum capacity of the consolidated machine is equal to the combined individual license capacity of all licenses running at the consolidated or transferred location or (2) if the maximum capacity of the consolidated server is greater than the individual license capacity being transferred, a logical or physical partition or other means of restricting access will be maintained within the computer system to restrict use and access to the software to that unit of licensed capacity solely dedicated to beneficial use for Licensee. If the maximum capacity of the consolidated machine is greater than the combined individual license capacity of all licenses running at the consolidated or transferred site, and a logical or physical partition or other means of restricting use is not available, the fees due the Contractor is to not exceed the fees otherwise payable for a single license for the upgrade capacity. 7.10.2.6 Restricted Use by Third Parties: Outsourcers, facilities management, service bureaus and employees of other services retained by Licensee will have the right to use the software licenses, maintenance and services to maintain Licensee's operations, including data processing, provided that (1) Licensee gives notice to the Contractor of such third party, site of intended use of the software licenses, maintenance and services, and Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 62 of 74 Page 620 of 1299 means of access, (2) the third party has executed, or agrees to execute, the software licenses, maintenance and services manufacturer's standard nondisclosure or restricted use agreement, which agreement is to be accepted by the Contractor, and (3) the third party is to maintain a logical or physical partition within its computer system to restrict access to the program to that portion solely dedicated to beneficial use for Licensee. Licensee is to not be liable for any third party's compliance or noncompliance with the terms of the nondisclosure agreement, nor is to the nondisclosure agreement create or impose any liabilities on the State or the Licensee. Any third party with whom a Licensee has a relationship for a State function or business activity will have the temporary right to use software licenses, maintenance and services, provided that such use is to be limited to the period during which the third party is using the software licenses, maintenance and services for the function or activity. 7.10.2.7 Archival Backup: Licensee may use and copy the software and related documentation in conjunction with reproducing a reasonable number of copies for archival backup and disaster recovery procedures. 7.10.2.8 Confidentiality: The software is a trade secret, copyrighted and proprietary software licenses, maintenance and services. Licensee and its employees are not to disclose or otherwise distribute or reproduce any software to anyone other than as authorized under the Contract. Licensee is not to remove or destroy any of the Contractor's proprietary markings. 7.10.2.9 Restricted Use: Except as expressly authorized by the terms of license, Licensee is not to copy the software; cause or permit reverse compilation or reverse assembly of the software or any portion; or export the software in violation of any U.S. Department of Commerce export administration regulations. 7.10.2.10 Proof of License: The Contractor will provide to each Licensee that places a purchase order either (1) the Microsoft license confirmation certificates in the name of the Licensee, (2) a written confirmation from Microsoft accepting the software invoice as a proof of license. The Contractor will submit a sample certificate, or alternative confirmation, in a form acceptable to the Licensee, (3) an executed Contractor order document, or (4) access to an electronic file that documents all agency purchases. If an electronic file is provided, the file must maintain license proof of purchase throughout the term of the license agreement, including renewals of such agreement. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 63 of 74 Page 621 of 1299 The Contractor will be responsible for tracking licenses purchased and licenses owned by each agency/OEU; however, the agency/OEU will be responsible for tracking the deployment of each license purchased. 7.10.2.11 Audit of Licensed Usage: The Contractor or Microsoft may periodically audit, no more than annually and at its expense, use of software licenses at any site where a copy resides provided that (1) the Contractor gives Licensee at least thirty days written advance notice, (2) the audit is conducted during the Licensee's normal business hours, (3) the audit is monitored by a State Inspector General's office or designee or, for non-state agency Licensees, by an independent auditor chosen by mutual agreement of the Licensee and Contractor as follows: the Contractor is to recommend a minimum of three auditing/accounting firms, from which the Licensee is to select one; in no case will the Business Software Alliance, Software Publishers Association, or Federation Against Software Theft be recommended by the Contractor or used, directly or indirectly, to conduct audits, (4) the Contractor and Licensee will designate a representative who will be entitled to participate, who is to mutually agree on audit format, and who is to be entitled to copies of all reports, data, or information obtained from the audit, and (5) if the audit shows that the Licensee was not in compliance, the Licensee is to true-up (purchase) additional licenses necessary to bring it into compliance and will pay for the unlicensed software at the Contract price then in effect or, if none, then at the Contractor's U.S. commercial list price. Once such additional licenses and capacities are purchased, Licensee is to be deemed to have been in compliance retroactively, and Licensee is to have no further liability of any kind for the unauthorized use of the software licenses, maintenance and services. 7.10.2.12 Bankruptcy: The Contract is subject to the terms of section 365(n) of the United States Bankruptcy Code ("Code") if the Contractor files a bankruptcy petition. Contractor's failure to perform its continuing obligations may constitute a material breach of the Contract excusing performance by the Licensee. 7.10.2.13 Security: No Department data or information will be transferred or stored offshore or out of the United States of America. State agencies are encouraged to consult with their Information Security Officers to ensure compliance with Florida laws and rules. 7.11 Software Support The following information outlines the standard and optional support for all software proposed by the Respondent. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 64 of 74 Page 622 of 1299 7.11 .1 Standard Support Contractors will provide the following levels of support, under the Contract: • Microsoft's standard software warranty; • Inside delivery, with buyer set-up and installation; • Corrective support—to assist in the resolution of identifiable and reproducible software problems. The Contractor will provide a toll free number at Microsoft for Customers to call for assistance with software issues that cannot be resolved by the Contractor and the Contractor is to work with the Customer and Microsoft to ensure the issue(s) are resolved; • Electronic software information — Provide access to software patches, a symptom solution database, software licenses, maintenance and services descriptions, specifications, technical literature, etc.; • Customer service windows — minimum of 8 hours a day, 5 days a week Monday — Friday, excluding State of Florida holidays; and • Toll-free number for Contractor Customer service. 7.11 .2 Optional Support Optional Support that may be offered as value-added services on purchases such as: • Maintenance upgrades (Maintenance upgrades may be purchased at time of software purchase, at the end of a normal maintenance period, after a maintenance lapse, or at other appropriate times identified by Microsoft); • Software licenses, maintenance and services and documentation updates; • Software Training (for individual or software suites); • Installation services; • Annual review of software maintenance; and • Additional customer service coverage options such as: 0 24/7/365 0 Extended hours 0 After hours contact for emergency orders Optional support levels resulting in increased cost to Customers are to be clearly and separately identified on the Respondent's Vendor Price Sheet as part of the Value-add tab. Optional support is to also be offered at the same percentage discount rate as the awarded category of items to which the optional support is associated. 7.11 .3 Software Training The Contractor may provide training for each type of Microsoft software proposed. All discount percentages or rates must be included on the Vendor Price Sheet on the Value-add tab. The Department will determine which training services proposed will be included in the contract award. After contract award, the Contract Administrator will Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 65 of 74 Page 623 of 1299 have final approval as to which training services submitted on a Software licenses, maintenance and services Change Request form will be included in the Contractor's Catalog. Additionally, if Customers express a specific need for training not currently offered under the Contract, the Contract Administrator may request that the Contractor provide such training. 7.11 .4 Value-added Services Value-added services may be offered by the Contractor. If offered, the Respondent must provide a detailed description, list price, corresponding discount and Florida price. Value-added services will be considered during the negotiation phase of the evaluation process. A separate tab has been provided on the Vendor Price Sheet for the purpose of consideration. Additional Value-added services may be submitted after contract award on the Product Update Form; however, the Contract Administrator will have final approval before the service may be marketed or sold to customers. 7.12 License Management Contractor will be responsible for managing all Microsoft software licenses sold under this contract and will be responsible for tracking all license expiration dates, potential renewals and maintenance options. Contractors may also offer any reporting capabilities that would allow Customers to view Customer specific information of all Microsoft software purchased under the Contract. If offered, Customer specific information will, at a minimum, include the following information: • Agency/OEU name; • Date of purchase; • Software title; • Number of licenses purchased; • License term; • License expiration date; • Name of individual who placed the order and any contact information available; and • Any other pertinent information. 7.13 Pricing and Minimum Orders The following sections provide guidance regarding pricing, discount rates, minimum orders and promotional pricing requirements. 7.13.1 Microsoft's Florida ERP Price List Microsoft has provided to the Department an initial ERP price List. Upon award and for the term of the contract, the LSP is to provide an updated ERP price list on a monthly basis or as often as Microsoft provides an updated ERP price list to the LSP. The Department may verify the ERP price list with Microsoft at any time to ensure that Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 66 of 74 Page 624 of 1299 the price list provided by the LSP is accurate. All Microsoft software offered by the LSP must be included on the proposed Vendor Price Sheet for evaluation. Respondents are to include on the Vendor Price Sheet the Microsoft Florida ERP Level D price (government) or Florida ERP Level A (academic), the LSP discount rate off of the ERP Level price, and the resulting Florida price after the discount is applied, for each software license, maintenance and service proposed. Respondents must also indicate the pricing for the renewal years. 7.13.2 Pricing Pricing offered to the State of Florida for this solicitation is to be the best price available to the State and is to be comparable to or better than the best available pricing from similarly situated government entities. Other states similar in size and buying power to the State of Florida are California, New York, and Texas. Respondents must provide pricing for the initial contract term and pricing for the renewal term as required in subparagraph 287.057(1)(a)2, Florida Statutes. 7.13.3 Discount Rate The discount percentages submitted in the Respondent's Best and Final Offer (BAFO) during the negotiations phase will be considered the minimum discount offered and will be applied to all future Contract price lists for all State of Florida contract customers and is to be submitted to the Department for review and approval. The overall discount levels will remain firm for the term of the contract, including renewals. Volume discounts and promotions above the proposed discounts are acceptable and encouraged. Promotional discounts will not necessitate a contract modification of the reply discounts. All Microsoft software offered in the Respondent's reply must be offered at a discount off Microsoft's ERP Florida Level (Level D - Government and Level A -Academic) price list. All training, support, and other value-add items and services offered in this reply must be listed as a discount off of the LSP's current publically available price list. Pricing offered must be the best price available to the State of Florida and be comparable to or better than pricing offered to other similarly situated states such as California, New York and Texas. The Respondent may include additional discounts and tiered pricing, if applicable. NOTE: 1. The Department has requested that Microsoft lower the amount that the LSP pays to Microsoft in order to increase the discount rates for this contract. Discount rates from the Microsoft ERP price list under the current contract are as follows: a. Select Plus Agreements —27.90% b. Enterprise Agreements —27.25% Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 67 of 74 Page 625 of 1299 c. Academic Agreements-23.40% d. Misc. — 33.33% e. Additional discounts offered for large quantity orders The State expects to receive greater savings under the new Contract. Respondents are therefore encouraged to work with Microsoft to provide the very best pricing available to the State of Florida. After contract award, the Contractor may increase the discount rate at any time by submitting the Software licenses, maintenance and services Update Form to the Contract Administrator. 2. The Department will not be obligated to pay any costs not identified on the Vendor Price Sheet. 3. Any cost not identified in the Contract, but subsequently incurred by the Contractor in order to achieve successful operation, will be borne by the Contractor. 4. Vendor Price Sheets may be reproduced. 5. Contractors may expand items to identify all proposed services, training, maintenance, and other options as appropriate. 7.13.4 Minimum Orders There is to be no minimum order requirements for orders; however, Respondents may offer tiered discount pricing, volume discounts, or aggregated sales level discounts for Microsoft software purchases as appropriate. 7.14 Promotional Pricing All promotional pricing and/or subsequent increased discounts must be extended to all qualified purchase orders from Eligible Users received during the effective date of the price reduction or promotion. The State acknowledges that retail promotions offered to the general public on retail software will not apply to the discounts in this Contract. Any promotions offered in conjunction to this Contract will be specifically limited to the items that are listed in the Vendor Price List. 7.15 Price Adjustments Discounts proposed for Microsoft software licenses, maintenance and services are not to decrease for the entire Contract term, including renewals. If at any point during the Contract Microsoft reduces the LSP cost for software licenses or maintenance, the LSP shall pass on the additional savings to the Customers and shall submit a corrected Vendor Price List to the Contract Administrator. Contractor may offer price decreases at any time during the contract term, including renewal periods. Price increase requests are to be based upon the Producer Price Index (PPI) for Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 68 of 74 Page 626 of 1299 Software Publishers, PCU5112-5112 and supplemented with documentation from Microsoft that demonstrates a price increase is justified, are limited to no more than one time per a twelve month period (i.e. each January or on contract anniversary), are subject to the Contract Administrator's approval, and is to not exceed more than 0.5 percent per year or a maximum of 2.0 percent over the life of the contract. If the PPI does not indicate an increase, then no price increase is to be allowed. Producer Prig Index Industry Data Series Id: PCU5112--5112-- Industr-j: Sofrware pul llahers Product: Sofrware pul llahers Base Bade: ,3 312 D o wnitoaa eXis '!fear ]an Feb Mar r May Jinn cul Aug- Nov Dec Annual � Y;0 99.4 177.4 10-0.4 170.4 103.73 10-7.2 99.8 99.7 99.61 99.9 99.8 99..3 99.8 o Oars 98.8 99.5 99.3: 99.9 99.4 99.7 99.2 99.7 100.7 10,0.8 100.6 100.3 99.8 :k3U96 -101.0 .-100.1 99.1 98.7 103 10-0.3 1 0.0 109.1 1€30.3 170- 6 -100.6, -100.3 190.1 23117 99.5 99.9 99.9 100.1 99.15 99.4 99.5 99.9 99.5 99.4 99.4 99.3: 99.6 4:�k3a8 99.8 99.,6 10+1.0- 171.7 171.4 10-0.2 10-1.4 10]1.7 99.4 171.0 , 101.6 10-7,.4 190.7'' 230 1.01.2 1071.1 1730.Ot 100.0 99.9 99.7 98,.E 99.3. 98..4 9 .k3 94.9 94.6 98.,9 i 2319] 94.4 94.4 94.6 94.4 94.2 93.6 93.8 94.1 94.7 93.9 93.E 93.9 94.1 2311 93.9 ......... 94.03........ 94.,7 94-2 93.9.... 93.,9...... 94.1........ 94.43.........94.3 .........94 7 ........94.1 ......... 94.2 -94.01 2312 94..7 94..1 93.0 92.4 92..1 92.1 92.1 92..93 93.7 92..7 91..5 +91..6 92.6 2313 92.4 ......... 92.'..2... 92.4 92.1.... 92.5.. . 93.,2 ... 92.3........ 92.5 .........92.7 ... 92 4 ........92.5 92.2(P) 2.5W 2014 41.8(P) 92.9(-) 92.8(P) P : PreHminaryr. All indexes are subject to revision four months after original publication The Department reserves the right to request additional savings at any time during the contract period based upon sales volume, changes in purchasing practices, changes in software models, or other reasons as appropriate. 7.16 New Product Additions New products within the scope of this solicitation may be considered for addition to the contract on a quarterly basis. All requests for approval will be made in writing using the Product Update form provided during the ITN process, and are to include software literature and pricing of new software, maintenance, or services may not be marketed as approved prior to written approval from the Contract Administrator. Acceptance of new software licenses, maintenance and services addition requests are contingent upon the successful submission of a complete and accurate quarterly sales report as identified in subsection 7.18, Reporting. Approval is solely within the discretion of the Department and must be within the scope of this ITN. 7.17 Product Deletions/Modifications Software and services may be updated in the form of product deletions or modifications on a quarterly basis. Software licenses, maintenance and services deletions must be identified in the Product Update form provided by the Contract Administrator. Product modifications must also Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 69 of 74 Page 627 of 1299 be identified on the Product Update form and require approval of the Contract Administrator before changes can be implemented by the Contractor. Modifications may be in the form of changes to the product ID number, description or Microsoft price; however, the software/service discount rates must remain the same or better than the originally proposed discount rate, and must continually be competitive with pricing offered (the same as, or better than) to similarly situated states such California, New York and Texas. 7.18 Reporting Each Contractor must submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year: Quarter 1 - (July-September) — Due by October 31 Quarter 2 - (October-December) — Due by January 31 Quarter 3 - (January-March) — Due by April 30 Quarter 4 - (April-June) — Due by July 31 Each Quarterly Sales Report must be in Excel format ("Contract Quarterly Report" form is to be provided by the Department) and is to include the following information: 1. Contractor's Name and contact information 2. Detail of time period covered by included data 3. Total sales including detail of list price and contract price 4. Transaction detail is to include the following: Transaction Detail Description of Detail Part Number/SKU Your software licenses, maintenance and services part number, if applicable Model Number/Service Type Model number or description of type of service Software licenses, maintenance and Description of software licenses, maintenance services Description and services or service MFG Manufacturer, Publisher, Service Provider Item Category Description of the software licenses, maintenance and services category Item Subcategory Additional grouping for item Item / Service Name Given name of Item or Service Customer or Agency Name State Agencies, Universities, Political Subdivisions, Other Eligible Users United Nations Standard Software UNSPSC Code licenses, maintenance and services and Services Code (UNSPSC) UOM Unit of Measure Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 70 of 74 Page 628 of 1299 UOM Description Description of unit of measure (see example) Volume Qty Number of items/services purchased/provided Order Date Order Date Date Delivered Delivered date to Customer Purchase Type Purchase Order, Payment Card, Other List Price List price (Market + fee contracts use market price) Total List Price List price times volume quantity Contract Price Contracted price with State of Florida per contract terms Total Contract Price Contract price times volume quantity Failure to provide quarterly and annual sales reports, including those indicating no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) and the end of the Contract year may result in the Contractor being found in default and cancellation of the contract by the Department. Upon request, the Contractor will report to the Department spend data with certified and other minority business enterprises. Reports must 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 Customer ordering under the terms of this contract. Initiation and submission of the Contract Sales Reports will be the responsibility of the Contractor without prompting or notification by the Contract Administrator. The Contractor will submit the completed Contract Sales Report forms by email to the Contract Administrator no later than the due date indicated above for each quarter. The State reserves the right to request additional information as needed. 7.19 Ordering Instructions Each Contractor will use the ordering instructions they provided per the ITN, subsection 4.4.1.1, Tab 1e. The completed information may be posted in MFMP and on the Department's contract web page to assist Customers in successfully placing orders with awarded Contractors. The Contractor may also consider offering a line item or punch-out catalog in MFMP to assist State agency Customers with software purchases. If Contractor desires to provide such catalog, the Contract Administrator will assist the Contractor in working with the MFMP team to ensure successful implementation. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 71 of 74 Page 629 of 1299 7.20 Financial and Other Consequences The following financial consequences will apply for nonperformance of the contract by a Contractor. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform/comply with provisions of the Contract. These consequences for non-performance are not to be considered penalties. 7.20.1 Service Level Agreement (SLA) Performance State Agencies and OEUs may add financial consequences in their statements of work as a form of protection from the Contractor or failing to meet performance requirements within any negotiated SLA or purchase order. 7.20.2 Incorrect Price Quotes Customer quotes that are higher than the Department approved Florida Contract price will result in a financial consequence of an additional one percent discount off of the discount rate offered at the time of quote, which will be reflected on the revised quote to that Customer. If the Department becomes aware that incorrect pricing quotes continue even after the financial consequences have been applied on quotes to Customers, the Department reserves the right to institute additional corrective measures such as an increased discount rate of one percent for the Contract, contract suspensions or contract termination. 7.20.3 Third Party Audit Third party audit report findings that indicate LSP Vendor Price Sheets are not consistent or better than pricing or discounts accepted at Contract award may result in the following actions: Pricing identified in the third party pricing audit, (see subsection 6.23) not matching Microsoft ERP Florida Level D (government) or ERP Florida Level A (academic) pricing minus Contractor discount to Florida may result in a financial consequence of an additional one percent discount, per occurrence, for all contract pricing. Additional discount rates will be cumulative. If LSP is determined to have more than four occurrences during the term of the Contract, the Contract may not be renewed, or may be suspended or terminated. 7.21 Subcontractors The Contractor may use a subcontractor in order to provide adequate services and training of any software proposed. The decision to allow subcontractors is at the sole discretion of the Contractor. If approved, all subcontractors are to be the direct responsibility of the Contractor that entered into such subcontract. The Contractor is responsible for all liability, terms and conditions within the contract. If a subcontractor is authorized to conduct business on behalf of Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 72 of 74 Page 630 of 1299 the Contractor and the subcontractor is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the subcontractor is to be resolved between the Contractor and the subcontractor. The State of Florida is not a party to any agreement entered into between the Contractor and its subcontractor(s). The Contractor is responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and the Contractor is to ensure that all such subcontractors meet the following requirements: • Have an ACTIVE Registration with the Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https:Hvendor.myfloridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business operations/State purchasing/vendor informatio n/convicted suspended discriminatory complaints vendor lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 73 of 74 Page 631 of 1299 8 Addenda This section contains all addenda to this solicitation. Addenda to the solicitation will be made in accordance with subsections 2.5 and 2.6 of this solicitation. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Licensing Solutions Providers of Microsoft Software and Services ITN No. 07-43230000-L Page 74 of 74 Page 632 of 1299 Department of MANAGEMENT SERVICES We serve those who serve Florida AMENDMENT NO.: 3 Contract Renewal State Term Contract No.: 43230000-15-02 State Term Contract Name: Licensing Solutions Providers of Microsoft Software and Services This Amendment No. 3 ("Amendment") to the Licensing Solutions Providers of Microsoft Software and Services, 43230000-15-02 ("Contract"), between the State of Florida, Department of Management Services ("Department"), and SHI International Corp. ("Contractor"), collectively referred to herein as the "Parties," is effective upon execution by both Parties. WHEREAS, the Department, on February 1, 2016, executed a state term contract authorizing the purchase of Microsoft Software and Services from SHI International Corp., effective through January 31, 2019; and WHEREAS Amendment No. 2 subsequently renewed the Contract through January 31, 2020; and WHEREAS, the Parties agreed that the Contract may be amended by mutual agreement as provided in section VI, "Amendments," of the Contract; and, WHEREAS, the Parties agree to renew the Contract as provided in section III, "Renewal Terms," of the Contract. NOW THEREFORE, for the mutual covenants contained herein, the Parties agree as follows: I. Contract Amendment. The Contract is amended to remove Microsoft Azure Cloud Solutions and Services from Contract No. 43230000-15-02, Licensing Solutions Providers of Microsoft Software and Services. Microsoft Azure Cloud Solutions and Services are available for purchase through Alternate Contract Source No. 43230000-NASPO-16-ACS, for Cloud Solution Providers, effective February 1, 2020. II. Contract Amendment. The Contract is amended to replace the current Reseller discount of 18.2% off of estimated retail price (ERP) for Government EA pricing, with the following: Government EA Discount = 18.5% Minimum This discount shall become effective on February 1, 2020, and will expire on January 31, 2022, unless the Contract is extended through mutual agreement by both parties. This discount shall be the minimum discount extended to Customers by SHI International Corp. for applicable software and services. Licensing Solution Providers of Microsoft Software and Services State Term Contract No.: 43230000-15-02 Page 1 of 2 Page 633 of 1299 Department of MANAGEMENT SERVICES We serve those who serve Florida AMENDMENT NO.: 3 Contract Renewal State Term Contract No.: 43230000-15-02 State Term Contract Name: Licensing Solutions Providers of Microsoft Software and Services III. Contract Amendment. As required by section 287.135(3)(b), Florida Statutes, section 17, "Scrutinized Company List," of the Contract's Exhibit A: Special Contract Conditions, is amended to add the following sentence: The Department may unilaterally terminate this Contract if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. IV. Contract Renewal. The Contract is hereby renewed for two (2) years, with a new Contract expiration date of January 31, 2022. V. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VI. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services SHI International Corp. By: By: Name: Tami Fillyaw Name: Title: Chief of Staff Title: Date: Date: Licensing Solution Providers of Microsoft Software and Services State Term Contract No.: 43230000-15-02 Page 2 of 2 Page 634 of 1299 ANAGEENT SERVICES We serve those who serve Florida AMENDMENT O.: 3 Contract Renewal State Term Contract No.: 43230000-15-02 State Term Contract Name: Licensing Solutions Providers of Microsoft Software and Services III. Contract Amendment. As required by section 287.135(3)(b), Florida Statutes, section 17, "Scrutinized Company List," of the Contract's Exhibit A: Special Contract Conditions, is amended to add the following sentence: The Department may unilaterally terminate this Contract if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. IV. Contract Renewal. The Contract is hereby renewed for two (2) years, with a new Contract expiration date of January 31, 2022. V. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VI. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services SHI International Corp. r By: Bye -Ytj ' r - Name: Tami Flllya Name: Kristina Mann Title: Chief of Staff Title: Sr. Lead Contract Specialist Date: I Date: 1/29/20 Licensing Solution Providers of Microsoft Software and Services State Term Contract No.: 43230000-15-02 Page 2 of 2 Page 635 of 1299 I RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 AN AGREEMENT WITH MICROSOFT CORPORATION UTILIZING 6 THE STATE OF FLORIDA CONTRACT #43230000-15-02 FOR 7 SOFTWARE LICENSING THROUGH SOFTWARE HOUSE 8 INTERNATIONAL FOR A THREE YEAR PERIOD IN THE ANNUAL 9 AMOUNT OF $188,874.48; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach is currently using several core Microsoft 13 products which Agreement for use will expire December 31, 2018; and 14 WHEREAS, continuing with a new Microsoft Enterprise Agreement will allow the 15 ITS Department to upgrade to the latest software versions as they are release which will ensure 16 that the City will be able to collaborate with our citizens, other government entities and 17 businesses as newer software applications are used; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon the 19 recommendation of staff, deems it in the best interest of the citizens and residents of the City 20 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with 21 Microsoft Corporation for a period of three(3)years utilizing State of Florida Contract number 22 43230000-15-02 for software licensing through Software House International in the annual 23 amount of$188,874.48. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 27 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby approves 29 and authorizes the City Manager to sign an Agreement with Microsoft Corporation for a three 30 (3) year period for software licensing through Software House International under State C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\94D9E2F4-BB9C-408D-B622-7C3D9BEC64F9\Boynton Beach.13644.1.Piggy-back -_State_of FL (software_licensing)_Microsoft Agreement -_Reso.docx Page 636 of 1299 31 Contract number 43230000-15-02 in the annual amount of $188,874.48, a copy of which is 32 attached hereto as Exhibit"A" 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2018. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Aimee Kelley 48 49 VOTE 5o ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) 59 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\94D9E2F4-BB9C-408D-B622-7C3D9BEC64F9\Boynton Beach.13644.1.Piggy-back -_State_of FL (software_licensing)_Microsoft Agreement -_Reso.docx Page 637 of 1299 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for November 17, 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 *Bound Tree Medical City's Medical Piggyback December 1, $110,000 LLC Supplies Monroe County 2020 thru Annual Contract#91-0- November Estimate 2016 30, 2021 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Page 638 of 1299 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Bound Tree Medical, LLC ® 2nd Renewal and Amendment D Addendum 11-17-20 100K + REQUEST FOR BID EXTENSIONS Page 639 of 1299 2nd RENEWAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I OF MONROE COUNTY, FLORIDA, AND BOUND TREE MEDICAL,LLC FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS THIS 2nd RENEWAL (hereinafter "RENEWAL") to the contract for the purchase of medical supplies and pharmaceuticals is made and entered into this 21" day of October 2020 by and between the Monroe County Board of County Commissioners and the Board of Governors Fire and Ambulance District I of Monroe County, Florida, hereinafter referred to as"COUNTY" and Bound Tree Medical LLC, hereinafter referred to as"CONTRACTOR". WITNESSETH: WHEREAS, on December 1, 2016, the parties entered into an agreement whereby the Contractor is to provide medical supplies and pharmaceuticals to the County; and WHEREAS, the original agreement had an initial three-year term beginning December 1, 2016 through November 30, 2019 with two one-year options for renewal subject to the approval of the County, and WHEREAS, on November 20, 2019 the COUNTY entered into the I" Renewal and Amendment Agreement and exercised the first of the one year options to renew and also amended the original agreement in order to incorporate certain federal provisions, and WHEREAS,the COUNTY desires to exercise the second one year renewal option; NOW THEREFORE, in consideration of the mutual promises and covenants contained in this RENEWAL, the parties agree: SECTION 1. The parties' December 1, 2016 agreement, a copy of which is attached and incorporated into this renewal as Exhibit A, is hereby renewed for a one-year term beginning December 1, 2020 and terminating November 30, 20121. SECTION 2. Paragraph 5 of the original agreement is amended to read; 5. PRICING is set forth in the Medical Supply Discount Off List and Pricing Workshect(Attachment A—Oct. 2020). This will be inserted in the contract Page 1 of 6 Page 640 of 1299 which outlines both a discount in the form of a percentage off list and pricing on specified numbered items. SECTION 3. Subparagraph 9.M. of the original agreement is amended to read; M.Invoicing. The CONTRACTOR shall furnish the COUNTY complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order and as outlined on the Medical Supply Discount Off List and Pricing Worksheet Attachment A —Oct. 2020. Invoices are also to reflect the provisional price discount in the form of a percentage at which the CONTRACTOR will sell these items off its list price. The COUNTY will not accept an aggregate invoice. As part of the award process the COUNTY may request a sample invoice. Invoices shall contain, but are not limited to, the following information: o Invoice number o Company name o Purchase order number o Location and dates of delivery o Cost of items as stated on the contract and extended price to reflect total cost for number of items received CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. SECTION 4. Paragraph 16, as incorporated in the 1st Renewal and Amendment Agreement, is amended to read; 16. MAINTENANCE OF RECORDS - CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Page 2 of 6 Page 641 of 1299 Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,running from the date the monies were paid by the COUNTY. SECTION 5. Paragraph 12 of the original agreement is amended to read; 12. ADDITIONAL REQUIRED STATEMENTS/VERIFICATION/ AFFIDAVITS. Attached hereto in attachments. Attachment A - Medical Supply Discount Off List and Pricing Worksheet Attachment B - Submission Proposal Response Form Attachment C -Non-Collusion Affidavit Attachment D - Lobbying and Conflict of Interest Attachment E - Drug Free Workplace Attachment F -Public Entity Crime Statement Attachment G - Local Preference (if applicable) Attachment H - Scope of Services Response Form Attachment I-Request for Waiver of Insurance Requirements (if applicable) Attachment J -Vendor Certification Regarding Scrutinized Companies List SECTION 6. The following FEMA/FDEM REQUIREMENTS are hereby added to the Agreement as paragraphs 19, 20, 21, 22 and 23; 19. ACCESS TO RECORDS - CONTRACTOR and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security(DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. CONTRACTORS must: 1. Cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant 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. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. Page 3 of 6 Page 642 of 1299 20. DHS SEAL, LOGO AND FLAGS - CONTRACTOR shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 21. CHANGES TO CONTRACT - CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 22. The CONTRACTOR is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division). 23.The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. SECTION 7. The following language is hereby added to the Agreement as paragraph 24; 24. NONDISCRIMINATION - The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Page 4 of 6 Page 643 of 1299 Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. SECTION 8. In all other respects, the parties' December 1, 2016 original agreement and the November 20, 2019 I st Renewal and Amendment Agreement not inconsistent herewith remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Page 5 of 6 Page 644 of 1299 IN WITNESS WHEREOF, each party hereto has caused this Extension to be executed by its duly authorized representatives. AL) BOARD OF COUNTY 3 t: KEVIN MADOK,CLERK COMMISSIONERS OF MONROE COUNTY,FLORIDA F Deputy Clerk By: Mayor ATf 14M BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY,FLORIDA I� 10 G 0 By: t��11014 1 BOUND TREE MEDICAL,LLC Mayor Chairperson By: (Signature) Rhiannon Greene 1 Senior Vice President Pricing Name and Title Date: 10/08/2020 STATE OF: Ohio _ p COUNTY OF: Franklin Subscribed and sworn to(or affirmed)before me,by means of❑physical presence orZronlinegotarixa#ioL Of- on I❑ Og iozo {date} by ��+�AnnDv� Free o (name of affiant). He/She is personally known to me or has produced pecsono.ln oije- (type of identification)as identification. N5AR"UB11C r �. < ADRIANNE=SH000H ' Wary Ps."ic,State of Ohio Page G of fi *` My Comnrssicxi Fagpirea: September 07,2025 _ - Page 645 of 1 99 Attachment A - OCT.2020 Item List for Monroe County RFP-91-0-2016 Renewal #2 IMS LIMITED 373369 NALOXONE 2MG 2ML LUERJET 1029B IDEA/CS CS $ 427.00 $ 427.00 ANSELL HEALTHCARE 297770 Gloves,Freeform EC,XL,Extended Cuff,Nitrile,Latex Free,Powder Free 50/bx IObx/cs BX $ 14.57 $ 14.57 PRODUCTS LLC ANSELL HEALTHCARE 297755 Gloves,Freeform EC,MED,Extended Cuff,Nitrile,Latex Free,Powder Free 50/bx IObx/cs BX $ 14.57 $ 14.57 PRODUCTS LLC ANSELL HEALTHCARE 297760 Gloves,Freeform EC,LG,Extended Cuff,Nitrile,Latex Free,Powder Free 50/bx IObx/cs BX $ 14.57 $ 14.57 PRODUCTS LLC INTERSURGICAL 2114-87302 i-gel 02 Resus Pack,MED Adult,incl size 4 i-gel 02,Lube,Strap,for Pts 50-90 kg 6ea/cs EA $ 23.59 $ 23.59 INCORPORATED___ ABBOTT E6251 Glucose Test Strips,Precision Xtra,Capillary 50/bx 12bx/cs*Not approved for multi patient BX $ 22.22 $ 22.22 use* AQUABILITI 600-10 IV Flush Syringe,Normal Saline,10 ml,Prefilled 12 cc Syringe,Sterile 100ea/bx 4bx/cs EA $ 0.36 $ 0.36 STRYKER 230107 DEFIB/PACING/ECG PADS PEDI W/QUIK-COMBO CONNECTOR FOR LP15,LP12,LP10,UPS PR $ 31.47 $ 31.47 CONMED CORPORATION 354431 INTRAVENOUS(IV)DRESSING TRANSPARENT ADULT 100/BX 5BX/CS VENT-GARD BX $ 38.02 $ 38.02 MEDTRONIC(covidien) 177268 SMART CAPNOLINE PLUS NON INTUBATED,ORAL NASAL W/02 TUBING, EA $ 9.84 $ 9.84 ADULT/INTERMEDIATE 100EA/BX PFIZER INC.(HOSPIRA) 374921 EPINEPHRINE 1:10000 IMG IOML LIFESHIELD SYRINGE 1019A IOEA/BX BX $ 61.70 $ 67.51 SAGENT PHARMACEUTICALS, 0301-68 Adenosine 12mg,4ml Luer Lock Syringe 10/BX BX $ 262.80 $ 262.80 INC. AMBU 2144-KV033 King Vision Video Laryngoscope Blade,Channeled,Disp,I8mm,w/White LED,Digital CMOS EA $ 27.99 $ 27.99 Camera l0ea/cs IMS LIMITED 371006 ATROPINE IMG IOML LUER JET 1006B l0EA/PK PK $ 106.90 $ 106.90 BPI LABS,LLC 103-10 Epinephrine lmg,lml ampule lea 10ea/pk PK $ 138.90 $ 138.90 INTERSURGICAL 2114-87303 i-gel 02 Resus Pack,LG Adult,incl size 5 i-gel 02,Lube,Strap,for Pts 90 plus kg 6ea/cs EA $ 23.59 $ 23.59 INCORPORATED PFIZER INC.(HOSPIRA) 4755-02 ONDANSETRON 4MG 2ML VIAL 25EA/BX BX $ 20.87 $ 20.87 B.BRAUN MEDICAL,INC 358001 IV Solution,Sodium Chloride 0.9%500ml Bag 24ea/cs BBraun L8001 EA $ 2.49 $ 2.49 McKESSON C/O EVUS 0430-04 *SEE NOTES*NitroMist 400 mcg Spray,4.1 gm Bottle,90 metered doses EA $ 175.09 $ 175.09 PHARMACEUTICALS PFIZER INC.(HOSPIRA) 376637 SODIUM BICARBONATE 8.4%LIFESHIELD SYRINGE 1035A IOEA/BX BX $ 113.51 $ 124.26 PFIZER INC.(HOSPIRA) 6695-02 AMIDATE(ETOMIDATE)40MG,20ML VIAL IOEA/BX BX $ 79.90 $ 79.90 PFIZER INC.(HOSPIRA) 375204 QUELICIN 200MG IOML VIAL*REFRIGERATION REQUIRED*25EA/BX BX $ 745.49 $ 745.49 CURAPLEX 2745-10108 Curaplex ECG Chart Paper,Thermal,108mm,Red Grid,for Physio-Control LPII,LP12,LP15 RL $ 1.84 $ 1.84 1/RL 60RL/CT STRYKER 236086 DEFIB/PACING/ECG PADS ADULT W/QUIK-COMBO CONNECTOR 2FT LEAD,LP12,LP15 1/PR PR $ 25.74 $ 25.74 l0PR/BX 5BX/CS CURAPLEX 1841-14000 Curaplex Tourniquet T'x 18",Blue,Rolled,Latex-Free 250/BG 2BG/CS BG $ 22.25 $ 22.25 B.BRAUN MEDICAL,INC 7800-09 IV Solution,Sodium Chloride 0.9%1000ml Bag 12ea/cs EA $ 2.48 $ 2.48 INTERSURGICAL 2114-87301 i-gel 02 Resus Pack,SM Adult,incl size 3 i-gel 02,Lube,Strap,for Pts 30-60 kg 6ea/cs EA $ 23.59 $ 23.59 INCORPORATED CONMED CORPORATION C32716 ConMed Positrace Diaphoretic Electrode 600/CS CS $ 104.38 $ 104.38 AMSINO INTERNATIONAL INC 35108306 INTRAVENOUS(IV)ADMINISTRATION SET NEEDLE FREE 1 Y SITE 1 VALVE 10 DROP 83 IN EA $ 1.75 $ 1.75 50/CS Hikma Pharmaceuticals USA 0376-25 DIPHENHYDRAMINE 50MG/ML IML SDV 2035-BENADRYL 25 VIALS/PK PK $ 31.75 $ 31.75 Inc FRESENIUS 0616-03 AMIODARONE 150MG 3ML VIAL 25EA/PK 30PK/CS PK $ 47.50 $ 47.50 AMSINO INTERNATIONAL INC C944304 EXTENSION WITH AMSAFE NEEDLELESS INJECTION SITE 8 I 100/CS EA $ 1.46 $ 1.46 CURAPLEX 1330-86100 MFG B/O Curaplex Alcohol Prep Pad,Large,Sterile 100/BX l0BX/CS BX $ 2.52 $ 2.52 PFIZER INC.(HOSPIRA) 379094 C2 FENTANYL 0.05MG/ML 2ML SDV 25/BX BX $ 33.99 $ 33.99 AMBU 2144-KV031 King Vision Video Laryngoscope Blade,Standard,Disp,13mm,w/White LED,Digital CMOS EA $ 27.99 $ 27.99 Camera 10ea/bx AMBU 520-211 BVM,SPUR II,ADULT W/MEDIUM ADULT MASK,INDIVIDUALLY BOXED 12/CS EA $ 10.05 $ 10.05 IMS LIMITED 373304 Calcium Chloride lgm,IOml Luer Jet 1010B 10/BX BX $ 109.90 $ 109.90 PFIZER INC.(HOSPIRA) 377515 DEXTROSE 50%25GM,50ML ANSYR SYRINGE 1013C IOEA/BX BX $ 95.84 $ 104.86 BAXTER HEALTHCARE-DMG 118-260842EA Dopamine 400MG/D5W 250MI Bag 18EA/CS CS $ 235.62 $ 235.62 BAXTER HEALTHCARE-DMG 356612 INTRAVENOUS(IV)EXTENSION SET NEEDLE FREE WITH 2 Y SITES 43 IN 48/CS INTERLINK EA $ 2.63 $ 2.63 SPACELABS HEALTHCARE 1850-80424 Pressure Infuser,UNIFUSOR,1000ml Infusion Cuff w/Aneroid Gauge and Thumbwheel EA $ 11.97 $ 13.54 Valve 24ea/cs CURAPLEX 16353 Curaplex Multi-Trauma Dressing,12 in x 30 in,Sterile,50ea/cs EA $ 1.01 $ 1.04 NEPHRON PHARMACEUTICALS 9501-25 ALBUTEROL0.083% 2.5MG/3ML 25VIALS/BX BX $ 3.65 $ 3.65 CORP LAERDAL MEDICAL CORP. L980010 Extrication Collar,Stifneck Select,Adult,Adjustable,Nasal Cannula Hook EA $ 5.20 $ 5.20 VUR TRADING CO.,INC 209936 HAND CLEANSER FOAMING ALCOHOL BASED 9 OZ 24/CS ALCARE PLUS EA $ 9.97 $ 9.97 LAERDAL MEDICAL CORP. 020500 Endotracheal Tube Holder,Thomas,Adult,for ET/SGA Tubes 6.5mm ID to 21mm OD EA $ 2.78 $ 2.78 SMITHS MEDICAL ASD,INC. 532002 VENTILATION CIRCUIT DISPOSABLE WITH PEEP VALVE 10/BG EA $ 19.57 $ 23.04 CARDINAL HEALTH-PHARMA 0542-02 Adenosine 6mg,2ml Vial 10ea/bx BX $ 39.30 $ 39.30 Page 646 of 1299 Attachment A-OCT.2020 Item List for Monroe County RFP-91-0-2016 Renewal #2 BEMIS MANUFACTURING 595410 SUCTION CANISTER WITH PREATTACHED 6 FT TUBING GREEN 1200cc 48/CS EA $ 6.29 $ 6.29 COMPANY GERI-CARE 911316 Aspirin 81mg Chewable,Orange Flavor 36/Bottle BT $ 0.79 $ 0.79 ADI MEDICAL 667000 BODY BAG BASIC VINYL STRAIGHT ZIPPER 6 GAUGE 36 IN X 90 IN 10/CS EA $ 6.47 $ 6.98 NICE-PAK 285484 GERMICIDAL WIPES EXTRA LARGE 8 IN X 14 IN 65/TUB 6TUB/CS SANT-CLOTH HB TB $ 7.72 $ 7.72 NICE-PAK 440128 LUBRICATING JELLY PDI STERILE, 2.7GM 144/BX 12BX/CS BX $ 9.67 $ 9.67 AMBU 2442-21403 MFG B/O BVM,SPUR II,PEDI,COLLAPSED,DISP,WITH MASK AND EXPIRATORY HEPA EA $ 29.39 $ 29.39 FILTER,12EA/CS AMBU AMSINO INTERNATIONAL INC 35608306 IV Admin Set,Pediatric 83 in,60 Drop,l Y-Site,1 Valve 50ea/cs EA $ 1.92 $ 1.92 SMITHS MEDICAL ASD,INC. 353055 CATHETER INTRAVENOUS(IV)LATEX FREE 18 GAUGE X 1.25 IN 50/BX 200/CS PROTECTIV EA $ 1.80 $ 1.80 DYNAREX CORPORATION 1360-07546 Ammonia Inhalant,Ampules 10/bx BX $ 2.30 $ 2.30 BAUSCH HEALTH US LLC 464631 INSTA-GLUCOSE 31GM 2064 EA $ 3.59 $ 3.59 MEDSOURCE INTERNATIONAL 533-MS-GZCS4BG Conforming stretch bandage,gauze,4 in.,sterile,12rl/bg 8bg/cs BG $ 3.25 $ 3.31 CURAPLEX 61411 *KIT ITEM ONLY*Curaplex Paramedic Shears,Black 7.25 in 50pr/bx PR $ 0.78 $ 0.78 CURAPLEX 301-IOOEA Curaplex Oxygen Nasal Cannula,Adult,Conventional,Clear,Flared Prongs,7 ft tubing, EA $ 0.31 $ 0.31 50ea/cs PFIZER INC.(HOSPIRA) 371113 C4 MIDAZOLAM IOMG,2ML VIAL(5MG/ML)10/BOX CS13(VERSED) BX $ 15.45 $ 15.45 BAXTER HEALTHCARE-DMG 358437 IV Solution,Sodium Chloride 0.9%100ml Bag,Singles 96ea/cs EA $ 2.08 $ 2.08 CURAPLEX 301-200EA Curaplex Select Nebulizer,Small-volume,Hand-held,T-piece,Mouthpiece,Flextube,7 ft EA $ 0.65 $ 0.65 Tubing 50/cs Cambridge Sensors USA,LLC 952000 COLD PACK INSTANT 5.5 IN X 10 IN 24/CS RAPID COLD CS $ 26.47 $ 26.47 BECTON DICKINSON 629663 SYRINGE ONLY LUER LOCK 50CC 40/BX 4BX/CS BECTON DICKINSON 309653 BX $ 21.85 $ 21.85 FRESENIUS 0424-05 FLUMAZENIL 0.5MG,5ML VIAL IOVIALS/BX ROMAZICON BX $ 91.50 $ 91.50 PFIZER INC.(HOSPIRA) 0074553401 SODIUM BICARBONATE 4.2%IOML INFANT LIFESHIELD 1043A IDEA/BX BX $ 120.00 $ 131.35 TELEFLEX LLC 021005 MFG B/O Berman Airway#5 100MM Ig Adult Lavender 50/BX Bulk EA $ 0.17 $ 0.17 CURAPLEX 2021-14630 Curaplex Select Nasopharyngeal Airway,14 Fr,3.Omm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 2021-14655 Curaplex Select Nasopharyngeal Airway,22 Fr,5.5mm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 2021-14660 Curaplex Select Nasopharyngeal Airway,24 Fr,6.Omm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 BECTON DICKINSON 1641-76618 Safety Needle,BD Eclipse,18 ga x 11/2 in.,100/bx 12bx/cs BX $ 27.72 $ 27.72 DYNAREX CORPORATION F165200 BANDAGE ADHESIVE CLOTH 1 IN X 3 IN 100/BX 24BX/CS BX $ 2.25 $ 2.25 CURAPLEX 2021-14640 Curaplex Select Nasopharyngeal Airway,18 Fr,4.Omm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 MEDEGEN MEDICAL 290116 BIOHAZARD BAG RED 7-10 GAL 23 X 23 1.2MIL 500/CS EA $ 0.09 $ 0.09 PRODUCTS CARDINAL HEALTH 8888268086 SALEM GASTRIC SUMP TUBE 8 FR,24 IN 10/CS EA $ 7.44 $ 7.44 PFIZER INC.(HOSPIRA) 371100 C4 LORAZEPAM 2MG IML VIAL 10/BOX *REFRIGERATE**CS01 BX $ 22.83 $ 22.83 WATER-JEL TECHNOLOGIES 1522-21620 Burn Dressing,Facial,Water-Jel,12 inch X 16 inch EA $ 13.33 $ 13.33 GREAT PLAINS BALLISTICS 021410 AIR FLOW MONITOR BAAM 100/CS EA $ 6.47 $ 6.47 CURAPLEX 533-MS-YKIOEA Curaplex Yankauer Suction Bulb Tip Only with Control Vent,Sterile 50ea/cs EA $ 0.80 $ 0.80 FRESENIUS 660-05 Metoprolol 5mg,5ml vial IDEA/BX BX $ 15.80 $ 15.80 CURAPLEX 32762 Curaplex Disposable Penlight 6/pk,60pk/cs PK $ 4.50 $ 4.50 MEDIQUE PRODUCTS 25711 Hydrogen Peroxide,Topical Solution,16 oz Bottle,12ea/cs EA $ 0.98 $ 0.98 CONMED CORPORATION 231620 ELECTRODES PEDIATRIC 3/PK IOPK/BX 20BX/CS HUGGABLE BX $ 5.26 $ 5.26 LAERDAL MEDICAL CORP. 260201 EXTRICATION COLLAR BABY NO NECK 50/CS STIFNECK EA $ 5.55 $ 5.64 DYNAREX CORPORATION 540047 PREPARATION RAZORS 50/BX 5BX/CS GALLANT 4251(250EA/CS) EA $ 0.37 $ 0.37 SMITHS MEDICAL ASD,INC. 350534 STOPCOCK 4 WAY WITH SWIVEL AND MALE LUER LOCK 50/CS EA $ 1.19 $ 1.22 MEDSOURCE INTERNATIONAL 533-MS-SC14EA Suction Catheter,14 Fr,coiled,w/whistle tip and thumb control port,sterile,disp,LF EA $ 0.20 $ 0.22 50ea/cs TELEFLEX LLC 021003 Berman Airway Size 3 80MM Small Adult Green 50/BX Bulk EA $ 0.17 $ 0.17 WATER-JEL TECHNOLOGIES 710206 BURN DRESSING WATER-JEL 2I X 6I 60/CT EA $ 2.79 $ 3.07 CARDINAL HEALTH 2231-91110 Salem Gastric Sump Tube,10 Fr,36 inch 50ea/cs EA $ 1.99 $ 1.99 MEDSOURCE INTERNATIONAL 533-MS-SCO8EA Suction Catheter,8 Fr,coiled,w/whistle tip and thumb control port,sterile,disp,LF EA $ 0.20 $ 0.22 50ea/cs MEDSOURCE INTERNATIONAL 533-MS-SC12EA Suction catheter,12 Fr,coiled,w/whistle tip and thumb control port,sterile,disp,LF EA $ 0.20 $ 0.22 50ea/cs CARDINAL HEALTH 2114-32216 NG Tube,Levin,16 Fr,Clear,48 inch,Markings 18,22,26 and 30 in,Open Distal End, EA $ 1.06 $ 1.06 50ea/cs CARDINAL HEALTH 2114-33018 NG Tube,Levin,18 Fr,Clear,48 inch,Markings 18,22,26 and 30 in,Open Distal End, EA $ 1.06 $ 1.06 50ea/cs CURAPLEX 64250 Curaplex Sharps Solo,Sharps container with one time lockable seal,6.5 in 24ea/cs EA $ 1.35 $ 1.35 PFIZER INC.(HOSPIRA) 1312-30 C2 HYDROMORPHONE 2MG/ML IML CPJ 10/BX BX $ 28.52 $ 31.25 MEDICAL SUPPLY SOLUTIONS, NS5251 UD Saline,Modudose,3ml,Sodium Chloride 0.9%,for Inhalation,Easy Open Twist/Pull EA $ 0.13 $ 0.13 INC 100ea/bx 10bx/c Page 647 of 1299 Attachment A-OCT.2020 Item List for Monroe County RFP-91-0-2016 Renewal #2 CURAPLEX 2021-14635 Curaplex Select Nasopharyngeal Airway,16 Fr,3.5mm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 30061MS Curaplex Burn Sheet,60 inch x 90 inch,Sterile 50ea/cs EA $ 2.09 $ 2.12 MEDSOURCE INTERNATIONAL 533-MS-SC18EA Suction catheter,18 Fr,coiled,w/whistle tip and thumb control port,sterile,disp,LF EA $ 0.20 $ 0.22 50ea/cs CARDINAL HEALTH 2114-31412 NG Tube,Levin,12 Fr,Clear,48 inch,Markings 18,22,26 and 30 in,Open Distal End, EA $ 1.06 $ 1.06 50ea/cs CURAPLEX 38020 Curaplex Endotracheal Tube with Stylette,9.Omm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 MEDSOURCE INTERNATIONAL 533-MS-SC06EA Suction Catheter,6 Fr,coiled,w/whistle tip and thumb control port,sterile,disp,LF EA $ 0.20 $ 0.22 50ea/cs CARDINAL HEALTH 2114-71114 NG Tube,Levin,14 Fr,Clear,48 inch,Markings 20,24,28 and 32 in,Open Distal End, EA $ 1.11 $ 1.11 50ea/cs TELEFLEX LLC 021002 Berman Airway Size 1 60MM Child Black 50/66 Bulk EA $ 0.17 $ 0.17 TELEFLEX LLC D4244 Airway,Berman 70MM LG Child White 50/BX Bulk EA $ 0.17 $ 0.17 CAPITAL WHOLESALE DRUG 0047-22 LTD QTY-USE 0409-0047-22 Solu-Medrol,125mg,2ml ACT-O-VIAL 25ea/bx BX $ 295.50 $ 295.50 TELEFLEX LLC 020603 MASK NON-REBREATHER PARTIAL HIGH CONCENTRATION,100%02, ADULT 50/CS EA $ 1.10 $ 1.10 TELEFLEX LLC 021004 Berman Airway#490MM Medium Adult Yellow 50/BX Bulk EA $ 0.17 $ 0.17 PFIZER INC.(HOSPIRA) 0409-4350-03 Diltiazem 100mg ADD-vantage Vial,Non-Refrig,(ADD-vantage diluent required-sold BX $ 152.40 $ 166.73 .separately).10EA/BX DYNAREX CORPORATION 083501P Dressing,Abdominal,Combine Pad,Sterile,5 in x 9 in 20/pk 20pk/cs PK $ 2.15 $ 2.15 DYNAREX CORPORATION 10635 bandage,Ace-type,Dynarex,elastic,latex-free,6m 50ea/cs EA $ 0.91 $ 0.91 MEDUNE INDUSTRIES,INC. 1072-80347 Wash Basin,Rectangular,6 Quart,Graphite,50ea/cs EA $ 0.68 $ 0.74 DYNAREX CORPORATION 1350-14547 Triple Antibiotic Ointment,0.9gm Foil Pack 144/bx 12bx/cs BX $ 11.89 $ 11.89 WATER-JEL TECHNOLOGIES 1522-36304 Burn Wrap,Water Gel,Foil Pouch lea 4ea/cs EA $ 54.00 $ 54.00 PFIZER INC.(HOSPIRA) 1632-01 VECURONIUM 10MG lOML VIAL(POWDER)10EA/BX BX $ 88.80 $ 88.80 B.BRAUN MEDICAL,INC 1633-05305 Syringe Only,5cc,Luer Lock,100ea/bx 20bx/cs EA $ 0.11 $ 0.11 B.BRAUN MEDICAL,INC 1633-10010 Syringe Only,lOcc,Luer Lock,100ea/bx 12bx/cs EA $ 0.13 $ 0.13 PFIZER INC.(HOSPIRA) 1893-01 C2 Morphine Sulfate,10mg/ml,lml PF CPJ 10/bx BX $ 24.09 $ 26.34 CURAPLEX 2021-14650 Curaplex Select Nasopharyngeal Airway,20 Fr,S.Omm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 2021-14665 Curaplex Select Nasopharyngeal Airway,26 Fr,6.5mm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 2021-14670 Curaplex Select Nasopharyngeal Airway,28 Fr,7.Omm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 2021-14675 Curaplex Select Nasopharyngeal Airway,30 Fr,7.5mm,Latex Free PVC 10ea/bx EA $ 2.29 $ 2.29 CURAPLEX 2112-38004 Curaplex Endotracheal Tube with Stylette,4.Omm,Uncuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CARDINAL HEALTH 2211-65950 SUCTION TUBING CONNECTOR YTYPE STERILE 50/CS CS $ 74.33 $ 74.33 AMBU 2442-54402 BVM,SPUR II,NEONATE,INFANT WITH OXYGEN RESERVOIR TUBE 12/CS EA $ 13.28 $ 13.28 LAERDAL MEDICAL CORP. 260202 EXTRICATION COLLAR PEDIATRIC 50/CS STIFNECK EA $ 5.59 $ 5.68 SPACELABS HEALTHCARE 2614-32016 BP Cuff,SoftCheck,Child,Disposable,Vinyl,Single Tube with HP/Bayonet Fitting 5ea/bx EA $ 2.29 $ 3.10 SPACELABS HEALTHCARE 2614-63516 BP Cuff,SoftCheck,Adult,Disposable,Vinyl,Single Tube with HP/Bayonet Fitting 5ea/bx EA $ 3.47 $ 3.97 SPACELABS HEALTHCARE 2614-81416 BP Cuff,SoftCheck,Infant,Disposable,Vinyl,Single Tube with HP/Bayonet Fitting 5ea/bx EA $ 1.95 $ 2.12 SPACELABS HEALTHCARE 2614-82616 BP Cuff,SoftCheck,SM Adult,Disposable,Vinyl,Single Tube with HP/Bayonet Fitting 5ea/bx EA $ 2.56 $ 3.29 MEDTRONIC(covidien) 2722-76800 CO2 Sampling Line,Microstream Filterline Set,Adult/Pediatric,14ft long,Airway Adapter EA $ 8.89 $ 8.89 25ea/bx WELCH ALLYN,INC.. 2733-57505 *NON-RETURNABLE*Probe Covers,Braun ThermoScan Pro 4000 Thermometer,Disposable BX $ 14.79 $ 14.79 200/bx 25bx/cs DUKAL CORP. 276-8506BG Gauze sponge,basic economy,2 in x 2 in,12 ply,non-sterile,200/bg 40bg/cs BG $ 0.92 $ 0.92 DYNAREX CORPORATION 279-3343BX Gauze sponge,sterile,4 in x 4 in,12 ply,2/pk,25pk/bx 24bx/cs BX $ 1.75 $ 1.75 3M HEALTH CARE 291860 *NON-RETURNABLE*Particulate Respirator,N95,REG Size,Cup,Blue,Nosefoam,Fluid BX $ 19.92 $ 19.92 Resistant,Disp,L ANSELL HEALTHCARE 297750 Gloves,Freeform EC,SM,Extended Cuff,Nitrile,Latex Free,Powder Free 50/bx 10bx/cs BX $ 14.57 $ 14.57 PRODUCTS LLC......_ CURAPLEX 301-439EA Curaplex High efficiency HEPA filter,w/port,hydrophobic paper,TV greater than 500ml EA $ 2.39 $ 2.39 50ea/cs CURAPLEX 301-B3010EA Curaplex Select GreenLine/D Laryngoscope Blade,MAC 1,Fiber Optic,Infant,Disposable EA $ 3.89 $ 3.89 20ea/cs CURAPLEX 301-B3020EA Curaplex Select GreenLine/D Laryngoscope Blade,MAC 2,Fiber Optic,Child,Disposable EA $ 3.89 $ 3.89 20ea/cs CURAPLEX 301-B3030EA Curaplex Select GreenLine/D Laryngoscope Blade,MAC 3,Fiber Optic,MED Adult, EA $ 3.89 $ 3.89 Disposable 20ea/cs CURAPLEX 301-B3040EA Curaplex Select GreenLine/D Laryngoscope Blade,MAC 4,Fiber Optic,LG Adult,Disposable EA $ 3.89 $ 3.89 20ea/cs CURAPLEX 301-B3100EA Curaplex Select GreenLine/D Laryngoscope Blade,MILLER 0,Fiber Optic,Neonate, EA $ 3.89 $ 3.89 .......Disposable 20ea/cs Page 648 of 1299 Attachment A-OCT.2020 Item List for Monroe County RFP-91-0-2016 Renewal #2 CURAPLEX 301-B3110EA Curaplex Select GreenLine/D Laryngoscope Blade,MILLER 1,Fiber Optic,Infant,Disposable EA $ 3.89 $ 3.89 20ea/cs CURAPLEX 301-B3120EA Curaplex Select GreenLine/D Laryngoscope Blade,MILLER 2,Fiber Optic,Child,Disposable EA $ 3.89 $ 3.89 20ea/cs CURAPLEX 301-B3130EA Curaplex Select GreenLine/D Laryngoscope Blade,MILLER 3,Fiber Optic,MED Adult, EA $ 3.89 $ 3.89 Disposable 20ea/cs CURAPLEX 301-B3140EA Curaplex Select GreenLine/D Laryngoscope Blade,MILLER 4,Fiber Optic,LG Adult, EA $ 3.89 $ 3.89 Disposable 20ea/cs EMERGENCY PRODUCTS& 3176-07705 HAND-E HAND HOLD DEVICE YELLOW EA $ 16.99 $ 16.99 RESEARCH SMITHS MEDICAL ASD,INC. 353042 CATHETER INTRAVENOUS(IV)LATEX FREE 16 GAUGE X 1.25 IN 50/BX 200/CS PROTECTIV EA $ 1.80 $ 1.80 SMITHS MEDICAL ASD,INC. 353048 CATHETER INTRAVENOUS(IV)LATEX FREE 14 GAUGE X 1.25 IN 50/BX 200/CS PROTECTIV EA $ 1.80 $ 1.80 SMITHS MEDICAL ASD,INC. 353050 CATHETER INTRAVENOUS(IV)22 GAUGE X 1 IN 50/BX 200/CS PROTECTIV EA $ 1.80 $ 1.80 SMITHS MEDICAL ASD,INC. 353056 CATHETER INTRAVENOUS(IV)LATEX FREE 20 GAUGE X 1.25 IN 50/BX 200/CS PROTECTIV EA $ 1.80 $ 1.80 PFIZER INC.(HOSPIRA) 371104 C4 DIAZEPAM 5MG/ML 2ML LUER LOCKING CARPUJECT 10/BX CS04 BX $ 317.68 $ 317.68 CURAPLEX 38001 Curaplex Endotracheal Tube with Stylette,2.5mm,Uncuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38002 Curaplex Endotracheal Tube with Stylette,3.Omm,Uncuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38003 Curaplex Endotracheal Tube with Stylette,3.5mm,Uncuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38005 Curaplex Endotracheal Tube with Stylette,4.5mm,Uncuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38011 Curaplex Endotracheal Tube with Stylette,S.Omm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38012 Curaplex Endotracheal Tube with Stylette,5.5mm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38014 Curaplex Endotracheal Tube with Stylette,6.5mm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38015 Curaplex Endotracheal Tube with Stylette,7.Omm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38016 Curaplex Endotracheal Tube with Stylette,7.5mm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38017 Curaplex Endotracheal Tube with Stylette,B.Omm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 CURAPLEX 38018 Curaplex Endotracheal Tube with Stylette,8.5mm,Cuffed 10ea/bx 10bx/cs EA $ 1.52 $ 1.52 HARTWELL MEDICAL LLC 4162 Convenience Bag,BioHoop,50cc-2000cc,Emesis and Hazardous Waste Bag,No Hook EA $ 1.55 $ 1.58 12ea/pk 40pk/cs DMS 5060220 Restraint Strap,Orange,2 pc,5 ft,Nylon,Metal Push Button Buckle,Loop Ends EA $ 7.39 $ 7.58 QMED CORPORATION 533764 Ventilator Circuit,Universal,Portable,Adult,72 in,Disp,for use vv/PB 2800 Series,HT50 EA $ 5.73 $ 5.73 15/cs MEDSOURCE INTERNATIONAL 533-MS-SC16EA Suction catheter,16 Fr,coiled,w/whistle tip and thumb control port,sterile,disp,LF EA $ 0.20 $ 0.22 50ea/cs BEMIS MANUFACTURING 592041 SUCTION CANISTER DISPOSABLE RED TOP 800cc 100/CS EA $ 2.93 $ 2.93 COMPANY SUN MED 792-9-0212-72EA ET Tube Introducer 15 Fr x 70 cm,straight tip,flex,disp,sterile 10ea/bx EA $ 4.79 $ 4.79 ADI MEDICAL D4808 SUCTION TUBING ONLY 1/4 IN X 6 FT 50/CS EA $ 0.60 $ 0.65 MORRISON MEDICAL D6411 HEAD BLOCKS STICKY FOAM-PAIR PR $ 5.02 $ 7.06 PRODUCTS DYNAREX CORPORATION F165631 TAPE ADHESIVE CLOTH SURGICAL 1 IN X 10 YDS 12/BX 12BX/CS BX $ 7.70 $ 7.70 DYNAREX CORPORATION F165632 TAPE ADHESIVE CLOTH SURGICAL 2 IN X 10 YDS 6/BX 12BX/CS BX $ 7.70 $ 7.70 CURAPLEX PU80000 Curaplex VACUUM SPLINT SET,DISPOSABLE EA $ 285.00 $ 314.43 TELEFLEX LLC SD121950 Berman Airway 50MM Individually Wrapped Lt.Blue 50/BX EA $ 0.36 $ 0.36 Discontinued Items PROTECTIVE INDUSTRIAL 295561 *DC-VEND-NO SUB*NON-RETURNABLE*SLEEVE WHITE GAUNTLET,ELASTIC OPENINGS,18 EA $ 0.20 PRODUCTS,INC. IN 200/CS CURAPLEX 1124-03680 *DC-USE 1124-32400*Curaplex Triangular Bandage,Polypropylene 240ea/cs EA $ 0.27 CURAPLEX 51150 *DC-USE 023312*Curaplex NPA 12F 3.Omm,Latex Free PVC 1/EA 10EA/BX 10BX/CS EA $ 1.15 Potential Subs CURAPLEX 1124-32400 Curaplex Triangular Bandage,Muslin 12/pk 20pk/a 40 in x 40 in x 56 in PK $ 3.24 MEDSOURCE INTERNATIONAL-023312 NASOPHARYNGEAL AIRWAY-NPA-LATEX FREE PVC 12 FRENCH 10/BX RUSCH EA $ 2.29 IMPORT Page 649 of 1299 Attachment B SUBMISSION PROPOSAL RESPONSE FORM SET PRICING FOR MEDICAL SUPPLIES AND PHARMACEUTICALS Proposer's Name and Mailing Address: Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd Dublin, OH 43016 Telephone and Fax Numbers: I have included: f • Proposal/Tabbed Sections Y • Medical Supply Discount Off List and Pricing Worksheet (Attachment A) • Submission Proposal Response Form (Attachment B) V • Non-Collusion Affidavit (Attachment C) J • Lobbying and Conflict of Interest Clause Form (Attachment D) • Drug Free Workplace Form (Attachment E) • Public Entity Crime Statement (Attachment F) • Local Preference Form (Attachment G) ! • Scope of Services Response Form (Attachment H) • Insurance Requirements,Indemnification/Hold Harmless, f and Request for Waiver of Insurance Requirements (Attachment 1) V (Check mark items above, as a reminder that they are included). I state that I am authorized to submit this proposal. STATE OF Ohio ignature of Proposers) COUNTYOF Franklin Vice President Date 9/06/2016 PERSONALLY APPEARED BEFORE ME,the undersigned authority, kh f tr}non who,after first being sworn by me,(name of individual signing}affi ature in the space provided above on this 6th day of♦ ��i ,20 i 6 i DWd DO II My commission e= 0"PM806106 NOTARY PUBLI � � fill Page 650 of 1299 Attachment C NON-COLLUSION AFFIDAVIT 1, Rhiannon Greene ,according to law,on my oath,and under penalty of perjury,depose and say that: I. lam Vice President ofthe firmof Bound Tree Medical, LLC the bidder/responder making the proposal for the project described in the Notice of Request for Competitive Solicitations for: Medical Supplies and Pharmaceuticals and I executed the said proposal with full authority to do so. 2. The prices in this proposal have been arrived at independently without collusion,consultation,communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder/responder or with any competitor. 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder/responder and will not knowingly be disclosed by the biddedresponder prior to the opening of the responses, directly or indirectly,to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person,partnership or corporation to submit,or not to submit,a proposal for the purpose of restricting competition. 5. Th ents contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon e truth of statements contained in this affidavit in awarding contracts for said project. AW 09/06/2016 (Signature ofBidder/Responder) (Date) Rhiannon Greene, Vice President Print Name/Title STATE OF: Ohio COUNTY OF: Franklin PERSONALLY APPEARED BEFORE ME,the undersigned authority, KV,!t.h n o 1/1 It fu A R (name of individual signing Affidavit),who,after first being sworn by me,affixed his/her signature in the space provided above on this 6th day of September 20 16 MyCommissio� t i ` David Mello II NOTARY IC L *� 1to�ryPu6it;8mrdONO Z � C�am�on 6q>tw�upult tb� Ui11111N� Ad Page 651 of 1299 j Attachment D LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY.FLORIDA ETHICS CLAUSE Rhiannon Greene, Vice President warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10- 1990 or any County officer or employee in violation of Section 3 of Ordinance No, 10-1990. For breach or violation of this provision, the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price,or otherwise recover,the full amount of any fee,commission, percentage,gift, or consideration paid to the former County officer or employee. (Signature) Date: 9/06/2016 STATE OF: Ohio COUNTY OF: Franklin PERSONALLY APPEARED BEFORE ME,the undersigned authority, (name of individual signing Affidavit), who, after first being sworn by me, affixed his/her signature in the space provided above on this stn day of September 20 16 . My Commission Expires: ! a AL & NOTILRYPUBLIC David bdello II Q. WwAVA%20 Page 652 of 1299 Attachment E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Sound Tree Medical LLC (Name of Business) i. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free Workplace,any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives 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), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such Conviction. i 5. Imposes a sanction on,or requires the satisfactory participation in,a drug abuse assistance or rehabilitation program if such is available in the employee's community,for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. i As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Di t Bidder's Signature Rhiannon Greene, Vice President 9/06/2016 Date �``,�`,��1{{II 111 f►�/���'''r '= David Mello H '`colntawtolt��tlpu�ttasc�o �N/III{{lN� f Page 653 of 1299 E Attachment F PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Pound Tree Medi Cal, LLC (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Rhiannon Greene, Vice President Date: 9/0612016 STATE OF: Ohio COUNTY OF: Franklin Subscribed and sworn to(or affirmed)before me on the Etta day of September ,20 16 by k;T, 'Abr (name of individual signing Affidavit). He/She is personallyown to me or has produced (type of identification)as identification. My Commission Expires: ' IAL r* NOTARY TBLTC David Zdello II *: �ry Pubic,9�1r ddio WuAodit Page 654 of 1299 y i Attachment G "Not Applicable LOCAL PREFERENCE FORM ** A. Vendors claiming a local preference according to Ordinance 023-2004 must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1 Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Telephone Number Address Address Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF } On this day of 20 before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. My commission expires. Notary Public (Seal) Print Name **This Form is only required if Local Preference is applicable pursuant to Sec.2-349,Monroe County Code. Page 655 of 1299 4 i Attachment H - Scope of Services Response Form 2016 The Proposer will be evaluated on compliance with the below service requirements. By submitting a proposal,the Proposer agrees that these provisions will be part of the agreement between the parties. YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) QUALITY ASSURANCE PROVISIONS Ordered Supplies/Receiving: A system of test inspections shall be used to assure quality and quantity of materials received by County. Materials will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately by the Monroe County Logistics Specialist to the Supplier and x shall be corrected within a two(2)business day time frame when the County has made that report within normal working hours of 8 am to 5 pm Monday through Friday. Material Safety Data Sheet(MSDS): Any items delivered must be accompanied by a MSDS. The MSDS will be maintained by the County and must include the following information: 1. The Chemical name and the common name of the x toxic substance. 2. The hazards or other risks in the use of the toxic x substance,including: a) The potential for fire,explosion,corrosively x and reactivity; b) The known acute and chronic health effects of risk from exposure,including the medical x conditions which are generally recognized as being aggravated by exposure to the toxic substance;and c) The primary routes of entry and symptoms of x overexposure. 3. The proper precautions,handling practices, necessary personnel protective equipment,and x Page 656 of 1299 i Attachment H - Scope of Services Response Form 2016 YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) other safety precautions in the use of,or exposure to,the toxic substances,including appropriate emergency treatment in the case of overexposure. 4. The emergency procedure for spills,fires,disposal x and first aid. 5. A description,in lay terms,of the known specific J potential health risks posed by the toxic x substance intended to alert any person reading this information. 6. The year and month,if available,that the information was compiled and the name, x address,and emergency telephone number of I the manufacturer responsible for preparing the information. I Supply rime: I Proposers must be able to supply contracted requested supplies within a three(3)business day time frame of normal request of supplies when the County has made x i that request within normal working hours of 8 am to 5 pm Monday through Friday. I Natural or Man-Made Emergencies: During emergency(natural or man-made emergencies) situations,Proposers must be able to supply requested supplies on a next day basis,twenty-four(24)hours a x day seven(7)days a week. PROPOSERSLIABILITY Warranty: It shall be the Proposer's responsibility to submit at the time of shipment the original manufacturer's warranty x for the materials supplied. Page 657 of 1299 6 t 5 i 1 Attachment H - Scope of Services Response Form 2016 f E YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Defects: Upon un-packaging and discovering defects to materials shipped by Supplier,any medical supplies and/or X pharmaceuticals requiring replacement shall be finalized within five(5)working days of reporting the defect. (See also information required behind Tab 2 regarding warranties and replacements.) Guarantee: The material(s)supplied shall be guaranteed to be free from defect of composition,conception and workmanship for a minimum period of 120 days from the date of acceptance by the County.Any parts or portions found not in accordance with this specification will be rejected by the County and returned to the Proposer at the Proposer's expense for immediate replacement. Quality: --- ----- --- ---------_— The materials to be furnished shall be currently in production and shall be of the manufacturer's standard r. or better quality. Quantities: The quantities listed on the Medical Supply Discount Off List and Pricing Worksheet(Attachment A)are estimated quantities for one(1)year and are for cost comparison only. Any reference to forecasted or estimated quantities within the proposal documents is intended to inform the proposers of approximate x annual requirements.The County shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification.The County may purchase as little as zero percent(0%)or exceed as much as one hundred percent(100%)of the forecasted or estimated quantities. Page 658 of 1299 i 3 Attachment H - Scope of Services Response Form 2016 i YES YES NO SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Packaging: Only-materials that are packaged in the original factory fresh packaging shall be accepted.No materials that have been re-packaged or that are in the adulterated or damaged packages shall be accepted at the receiving location,nor shall after-market materials be accepted at the receiving location.Any attempts by the Proposers to furnish the County with other than first quality materials shall constitute default as outlined in this specification. j i Refrigeration: f Maintaining a specific temperature range throughout the shipping process is essential to the quality of healthcare products. Proposer has the ability to ship x I i products in a proper temperature-controlled environment. Only materials which have been properly j shipped in a temperature-controlled environment shall be accepted by the COUNTY. _ } Expiration Dates: Where applicable,all merchandise shall have a minimum expiration date of 18 months from date of shipment,and date must be displayed on the package. CONDITIONS Authorization: z Proposer has the ability to handle orders placed by the electronic ordering software Operative IQ. (All orders shall be placed via Monroe County by individual Purchase Orders generated by the County's electronic ordering software,Operative IQ,or as"Open"Purchase orders.) Furnishing Proposal Items: Contract items are to be furnished on an"as needed, when needed basis"during the life of the contract. ?' E t i Page 659 Of 1299 Attachment H - Scope of Services Response Form [ 2016 YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Delivery: Materials ordered shall be delivered within three(3) business days after receipt of order.Failure to do same x shall be considered breach of contract or default,and the County shall utilize its options as stated within the contract. Backorders: In the event an item is not immediately available at the time of an order,and able to be delivered within three (3)days,the County shall have the option of purchasing x the item from another vendor. Penalties: The County reserves the right to increase or decrease quantities shown without penalty. x Samples(Medical Supplies only): From time to time,either at the stage of the Proposal or subsequently while the contract is in force,the Proposer may wish to recommend an alternative to an item listed on Medical Supply Discount Off List and Pricing Worksheet(Attachment A). in those situations, the County may require the Proposer or the Proposer may elect to submit a sample for inspection,to ensure x that the alternative is of similar quality. Such samples shall be labeled with the Proposer's name and item number and shall be furnished free of charge. The vendor can determine whether the sample should be returned or destroyed. Samples not destroyed will be returned upon request at the Proposer's expense within ten days following receipt of the sample. Substitution: No items will be substituted without the prior written approval of the County. Any violation of such procedure may result in a possible cancellation of the x contract. All approved substitutes shall be annotated as such on the Proposer's shipping document(s). i Page 660 of 1299 Attachment H - Scope of Services Response Form 2016 �.ss�e■ ma�soaea YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Proposal Prices: Proposal prices quoted on Medical Supply Discount Off List and Pricing Worksheet(Attachment A)shall be firm and shall not be amended after the dates and time of x the proposal opening. Any attempt by the Proposer to amend said proposal prices shall constitute default as outlined in this specification. Shipping Costs: Prices quoted in the Proposal and Proposal Response form shall include all shipping costs,shipped F.O.B x Marathon,Florida or to the facility location specified by the requestor or the purchase order. Taxes: All taxes of any kind and character payable on account of the word done and materials furnished under the award shall be paid by the Proposer and shall be x deemed to have been included in the proposal. The County is exempt from all state and federal sales,use, transportation,and excise taxes. Infringement: Proposal prices must include all royalties and costs arising from patents,trademarks,and copyrights in any way involved in the work. Whenever the Proposer is required or desires to use any design,device,material or process covered by letters of patent or copyright,the Proposer shall indemnify and save harmless the County, i its officers,agents,and employees from any and all x claims of infringement by reason of the use of any such patented design,toll, material,equipment or process, to be performed under the contract,and shall indemnify the said County,its officers,agents and employees for any costs,expenses and damage which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. `s I 3 a i i Page 661 of 1299 4 Attachment H - Scope of Services Response Form 2016 YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Award Changes: No changes,over the contract period,shall be permitted unless prior written approval is given by the County and,where applicable,confirmed by the x Monroe County Board of Commissioners. Assignment: No Proposer shall assign the contract or any rights or obligations thereunder to a subcontractor without the X written consent of the County and approval of the Monroe County Board of Commissioners. Price Escalation: The County will allow a price escalation provision with this award. The original proposal prices quoted on Medical Supply Discount Off List and Pricing Worksheet (Attachment A)shall be firm for a one,1)year minimum period. A price escalation/de-escalation will be allowed one(1)year after the beginning of the award period and at one(1)year intervals thereafter, provided the Proposer notifies the County,in writing of any requested price changes at least sixty(60)days prior to those changes taking effect. This request must be accompanied by a certified letter from the Proposer's supplier showing the price increase to the contractor.The price increase to the County shall be limited to the percentage increase to the Proposer as stated in this letter. If,at the point of exercising the price escalation provision,market media indicators show that the prices have decreased,and that the Proposer has not passed the decrease on to the County,the County reserves the right to place the Proposer in default,cancel the contract,and remove the Proposer from the County's proposer list for a period of time deemed suitable to the County. Page 662 of 1299 Attachment H - Scope of Services Response Form 2016 YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Invoicing: The Proposer shall furnish the County complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order and as outlined on the Medical Supply Discount Off List and Pricing Worksheet(Attachment A). Invoices are x also to reflect the provisional price discount in the form of a percentage at which the Proposer will sell these items off its list price. The County will not accept an aggregate invoice. As part of the award process,the County may request a sample invoice. Invoices shall contain, but not limited to the following information: • Invoice number • Company name • Purchase order number • location and dates of delivery • Cost of items as stated on Proposal Response and extended price to reflect total cost for number of items received. Prompt Payment Act: The Proposer agrees to accept payment per the terms of the Florida Local Government Prompt Payment Act. x Normal processing time is approximately 30 days from presentation of the invoice. Ordering: Proposers will provide web-based online ordering website designed specifically for service. X Disaster Recovery: Proposers have a proven Disaster Support Program in place and can demonstrate previous experience in disaster recovery supply chain management and shall x provide the County with emergency numbers for these situations.These numbers will be updated immediately if the contact number changes. Page 663 of 1299 Attachment H - Scope of Services Response Form 2016 YES NO YES SERVICE REQUIREMENT can cannot Can comply, comply comply but with specified deviations (please detail deviations below) Indemnification and Insurance Requirements: The Proposer can comply with the insurance requirements outlined in Attachment I to the RFP,or has submitted a Request for Waiver(also found in " Attachment 1). Also,the Proposer can comply with the indemnification and hold harmless requirements(also found in Attachment 1). Page 664 of 1299 i ATTACHMENT J VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Purchase of Medical Supplies and Pharmaceuticals Respondent Vendor Name: Bound Tree Medical, LLC Vendor FEIN: 31-1739487 Vendor's Authorized Representative Name and Title: Rhiannon Greene/ Senior Vice President, Pricing Address: 5000 Tuttle Crossing Blvd., Dublin, OH 43016 City: Dublin State: OH Zip: 43016 Phone Number 800-533-0523 Email Address: submitbids@boundtree.com Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further Page 665 of 1299 understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Rhiannon Greene , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Rhiannon Greene Title: Senior Vice President, Pricing Note: The List are available at the following Department of Management Services Site: htta://www.dsns.lnyflorida.coln/business o�crations/stateurchasin /vendor information/convi cted_suscndcd_diseriminatory�comlaints vendor_lists Page 666 of 1299 DATE(MWDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this LD certificate does not confer rights to the certificate holder in lieu of such endorsement(s). tv PRODUCER CONTACTNAME: Aon Risk services Northeast, Inc. PHONE FAX Columbus OH Office (A/C.No.EM): (866) 283-7122 AlC.No.; (800) 363-0105 445 Hutchinson Avenue E-MAIL 6 Suite 900 ADDRESS: _ Columbus OH 43235 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire insurance Co. 19682 Sarnova, Inc., Bound Tree Medical, LLC INSURER B: Hartford Casualty Insurance Co 29424 5000 Tuttle Crossing Blvd. Dublin OH 43016 USA INSURER C: sentinel Insurance Company, Ltd 11000 INSURER D: Medmarc casualty Ins Co 22241 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570065283042 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYW MMIDD LIMITS A X COMMERCIALGENERALLIABILITY UUNVG3435 1ZIOlIZO17 EACH OCCURRENCE $1,000,000 CLAIMS-MADE —1 OCCUR DAMAGE TO nR= 5300,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 ro POLICY ❑X PRO- JECT O LOC PRODUCTS-COMP/OPAGG Excluded ui OTHER: o n CY 33 UUN VG3435 12/01/2016 12/01/2017 COMBINED SINGLE LIMIT `O AUTOMOBILE LIABILITY S1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) O 2 OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS HIRED AUOTOSY NON-OWNED PRO='D AMAGE V ONLY AUTOS ONLY Per d B X UMBRELLALIAB TOCCIMUR 33RHUVG1892 12/01/2016 12/01/2017 EACH OCCURRENCE 510,000,000 L) EXCESS LIAB MADE AGGREGATE $10,000,000 DED I X RETENTION$10,000 WORKERS COMPENSATION AND PER STATUTEOTH- EMPLOYERS'LIABILITY YIN ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT _ D Products Liab 160H380015 12/01/2016 12/01/2017 Aggregate Limit $10,000,000 claims Made SIR Aggregate $150,000 SIR applies per policy ter s & conditions Per OCC Limit $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached ff more space is required) Re: Account No. 104754. Monroe County BOCC is included as Additional insured in accordance with the policy provisions of the General Liability and Auto Liability policies. kk GEMENTtI DA WAIVER N/A YES„ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe county BOCC AUTHORIZED REPRESENTATIVE - 1111 12th St. Suite 408 Key west FL 33040 USA e�Gxon i �Gw7V6 c//fe.�edc.//o �lnelci46✓>� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 667 of 1299 AGENCY CUSTOMER ID: 570000037575 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. Sarnova, Inc., Bound Tree Medical, LLC POLICY NUMBER See Certificate Number: 570065283042 CARRIER NAIC CODE See Certificate Number: 570065283042 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR POLICY POLICY ADDL SUBR POLICY NUMBER LIMITS LTR TYPE OF INSURANCE INSD WVD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER D Products Liab 160H380015 12/01/2016 12/01/2017 SIR Per 550,000 claims Made Occurrence SIR applies per policy to ms & conditions ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Page 668 of 1299 AGENCY CUSTOMER ID.SARNINC-01 BDICKSON LOC#: A O' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Sanova,Inc.Bound Tree Medical,LLChom son Flanagan Executive Liability Group 5000 Tuttle Crossing Blvd. POLICY NUMBER P.O.Box 8023 EE PAGE 1 Dublin,OH 43016 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: EE PA E 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Named Insureds 1.Sarnova,Inc. FEIN:262386055 2.Bound Tree Medical Products,Inc. FEIN:731646550 3.Tri-Anim Health Services, Inc. FEIN:952959155 4.Bound Tree Medical, LLC FEIN: 311739487 5.Sarnova HC LLC FEIN:262549813 6.Emergency Medical Products Inc. FEIN:391164909 7.Cardiovascular Concepts,Inc. FEIN:751835412 E i t ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 669 of 1299 DATE(MM/DD/YYYY) A �® CERTIFICATE OF LIABILITY INSURANCE 12/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain !7- this p y, policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 'a NAME: Aon Risk services Northeast, Inc. PHONE FAX W Columbus OH Office (A/C.No.Ezt): (866) 283-7122 (AN Columbus (800) 363-0105 'a 445 Hutchinson Avenue E-MAIL x° Suite 900 ADDRESS: Columbus OH 43235 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Medmarc Casualty Ins Co 22241 Sarnova, Inc., Bound Tree Medical, LLC INSURER B: Hartford Fire Insurance Co. 19682 5000 Tuttle Crossing Blvd. Dublin OH 43016 USA INSURER C: sentinel Insurance Company, Ltd 11000 INSURER D: Hartford Casualty Insurance Co 29424 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570079659291 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as re uested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (POLICY (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y 33UUNVG3435 127012019 12 70l 2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE F71 OCCUR Approvednageme t with Attahments UAMAUL 10 NEN I FU PREMISES(Ea occurrence) $300,000 .�L-. MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 P'LAGGREGATE LIMITAPPLIES PER: 10-17-2020 GENERAL AGGREGATE $2,000,000 POLICY PEO ❑LOC PRODUCTS-COMP/OPAGG Excluded r OTHER: o r C Y 33 UUN VG3435 12/01/2019 12/01/2020 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $1,000,000(Ea accident) X ANYAUTO BODILY INJURY(Per person) 0 O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE RW ONLY AUTOS ONLY (Per accident) U 'C W DX UMBRELLA LIAB X OCCUR 33RHUVG1892 12/01/2019 12/01/2020 EACH OCCURRENCE $10,000,000E O EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X RETENTION $10,000 WORKERS COMPENSATION AND PER STATUTE OTH- EMPLOYERS'LIABILITYER Y/N ANY PROPRIETOR/PARTNER/ E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Products Liab 1190H380015 12/01/2019 12/01/2020 Aggregate Limit $10,000,000 Claims Made Agg Deductible $150,000 Per OCC Limit $10,000,000 4L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) s'ei RE: Account No. 104754. Monroe County BOCC is included as Additional Insured in accordance with the policy provisions of the Wj General Liability and Automobile Liability policies. =16- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. y yZy Monroe County BOCC AUTHORIZED REPRESENTATIVE 1111 12th St., Suite 408 Key West FL 33040 USA R-0 air v� _ ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks ofACO Page 670 of 1299 AGENCY CUSTOMER ID: 570000037575 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. Sarnova, Inc. , Bound Tree Medical , LLC POLICY NUMBER See Certificate Numbe 570079659291 CARRIER I NAIC CODE See Certificate Numbe 570079659291 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SURR POLICY NTNIRER LLNIITS LTR TYPE OF INSURANCE IVSD WVD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) OTHER A Products Liab 190H380015 12/01/2019 12/01/2020 PerOcc $50,000 claims Made Deductible ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Page 671 of 1299 1.The document is not attached, but is part of the record. See 11/22/2016 Agreement in this folder. Page 672 of 1299 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS November 17, 2020 REQUESTING DEPARTMENT. Materials and Distribution DEPARTMENT CONTACT. Michael Dauta TERM: December 1, 2020 thru November 30, 2021 SOURCE FOR PURCHASE. 91-0-2016 ACCOUNT NUMBER. 502-0000-141-0100 VENDOR(S). Boundtree Medical ANNUAL ESTIMATED EXPENDITURE. $110,000 DESCRIPTION: On February 18, 2020, City Commission approved the utilization of the Monroe County Contract # 91- 0-2016 for the City's medical supplies for $95,000. The Agreement allows for one (1) additional one- year renewal. The vendor has agreed to renew for an additional year. 9 8.A. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission Meeting.) Explanation of Request: Legacy at Boynton Beach will occupy 2.76 acres in the CRA's Downtown District. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels classified Mixed-Use High (MXH), and zoned CBD, Central Business District. The applicant has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH classification and carrying that classification's maximum density of 80 dwelling units per acre (du/ac). The rezoning would support a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of retail adjacent to Federal Highway. Although the proposed density of 98 du/ac exceeds the maximum density permitted in MU-C zoning, the project's location in the Downtown Transit–Oriented Development District (DTODD) allows the developer—contingent on the participation in the City's Workforce Housing Program—to utilize the DTOD District's 25 percent density bonus. MU-C is the designation recommended for this location by the CRA Plan. All areas north of the proposed project up to NE 4th Avenue, and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built(Ocean 500, Marina Village and Casa Costa) or approved (Ocean One and The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the vision of the Downtown District embedded in the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project(in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 50 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The master plan includes features designed to mitigate the negative impacts of the project's height, bulk and scale on the adjacent low-rise residential properties. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on-street parking, street trees, and wide sidewalks. The Planning and Development Board reviewed this item at its September 22, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Page 674 of 1299 Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Legacy rezoning D Staff Report Staff Report D Attachment Exhibit Al. Owner list D Location Map ExhibitA2. Location Map D Location Map Exhibit B. Existing FLU classification D Location Map Exhibit CIL Existing Zoning D Location Map Exhibit C2. Proposed Zoning D Attachment Exhibit D. CRA Plan recommendation Page 675 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 LEGACY AT BOYNTON BEACH FROM CBD (CENTRAL 7 BUSINESS DISTRICT) TO MU-C (MIXED-USE CORE); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the applicant has requested to rezone the parcels to Mixed Use-Core 14 (MU-C), a zoning designation corresponding to the MXH classification and carrying that 15 classification's maximum density of 80 dwelling units per acre (du/ac); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from CBD 26 (Central Business District) to MU-C (Mixed Use-Core). A location map is attached hereto as 27 Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 28 PARCEL I 29 30 BINGHAM PROPERTY: 31 LOTS 5, 6, 7 AND 8, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF- 32 WAY AND LOTS 95 AND 96 AND LOTS 65 AND 66 OF "THE LAWNS", 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF 34 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCEL II 37 38 BOWDEN PROPERTY: 39 LOTS 9, 10, 11 AND I2 AND THE NORTH 10 FEET OF LOT I3, LOTS 15 AND 16, 1 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 676 of 1299 40 "THE LAWNS", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 41 BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 42 FLORIDA, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY. 43 44 PARCEL III 45 46 SCAGGS PROPERTY: 47 LOTS 67, 68, 69 AND 70, "THE LAWNS", ACCORDING TO THE PLAT THEREOF 48 ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR 49 PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 50 51 PARCEL IV 52 53 DSS PROPERTIES PROPERTY: 54 LOTS 71 AND 72, "THE LAWNS", ACCORDING TO THE PLAT THEREOF ON FILE 55 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM 56 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 57 58 PARCEL V 59 60 GARCIA PROPERTY: 61 CONDOMINIUM PARCEL A OF INTRACOASTAL MEDICAL BUILDING 62 CONDOMINIUM, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE 63 DECLARATION OF CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 64 IN OFFICIAL RECORDS BOOK 3229,PAGES 180 THROUGH 214 OF THE PUBLIC 65 RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL AMENDMENTS 66 THERETO. 67 68 PARCEL VI 69 70 RUGGERI PROPERTY: 71 UNIT B OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, ACCORDING 72 TO THE DECLARATION THERE OF RECORDED IN OFFICIAL RECORDS BOOK 73 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 74 FLORIDA, AND ALL AMENDMENTS THERETO. 75 76 PARCEL VII 77 78 CHIODO PROPERTY: 79 UNIT C OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 80 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 81 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 82 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 83 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 84 85 PARCEL VIII 86 87 SOLIS PROPERTY: 88 THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14, LESS THE WEST 25 FEET 89 THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA FOR ROAD 90 RIGHT OF WAY PURPOSES, AND ALL OF LOTS 61, 62, 63 AND 64, "THE LAWNS", 91 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 69 2 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 677 of 1299 92 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 93 94 PARCEL IX 95 96 SPENCER PROPERTY: 97 UNIT D OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 98 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 99 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 100 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 101 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 102 103 PARCEL X 104 105 VACATED RIGHT-OF-WAY 106 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 107 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 108 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 109 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 110 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 111 FOLLOWS: 112 113 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 114 00000'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF 115 SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; 116 THENCE NORTH 88046'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF 117 SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 118 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH 119 FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST 120 ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND 121 PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 122 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT- 123 OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID 124 LOTS 8, 96,AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. 125 126 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 127 BEACH,PALM BEACH COUNTY, FLORIDA AND CONTAINING 120,347 SQUARE 128 FEET, (2.7628 ACRES), MORE OR LESS. 129 130 131 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 132 accordingly. 133 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 134 Section 5. Should any section or provision of this Ordinance or any portion thereof be 135 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 136 remainder of this Ordinance. 3 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 678 of 1299 137 Section 6. This ordinance shall become effective immediately upon passage. 138 FIRST READING this day of October, 2020. 139 SECOND, FINAL READING and PASSAGE this day of , 2020. 140 CITY OF BOYNTON BEACH, FLORIDA 141 YES NO 142 143 Mayor— Steven B. Grant 144 145 Vice Mayor—Ty Penserga 146 147 Commissioner—Justin Katz 148 149 Commissioner—Woodrow L. Hay 150 151 Commissioner— Christina L. Romelus 152 153 VOTE 154 ATTEST: 155 156 157 158 Crystal Gibson, MMC 159 City Clerk 160 161 162 (Corporate Seal) 4 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 679 of 1299 LOCATION MAP Exhibit A Z• 1 �'� ` ��� � f �����h i�� � fit` k is�.. k � - �Lj � ,: E Ocean roomve , i � 19S si� tl � i � ➢}' Y`, r +t {M 4 i e ` f SE 1st Ave — ,a l st t + W4 f �; —E2nc! Ave t,9 Page 680 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Craig Pinder, Planner II DATE: September 16, 2020 PROJECT: Legacy at Boynton Beach REZN 20-001 REQUEST: Approve Legacy at Boynton Beach Rezoning (REZN 20-001) from CBD Central Business District to MU-C Mixed-Use Core with a master plan for 274 multi-family residential units and 12,422 square feet of retail. PROJECT DESCRIPTION Property Owners: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agents: Brian M. Seymour, Gunster and Mark Richards, Kim ley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6t" Street (see Exhibit "A2") Existing Land Use/ Zoning: Mixed Use-High (MU-H)/ CBD Central Business District Proposed Land Use/ Zoning: Mixed Use-High (MU-H)/ MU-C Mixed Use-Core Proposed Use: Mixed-use project with 274 multi-family units and approximately 12,422 square feet of retail Page 681 of 1299 Page 2 GCI Residential REZN 20-002 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way of SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6t" Street; West: Right-of-way of Federal Highway, then a mixed use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. BACKGROUND Legacy at Boynton Beach will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (the Plan). The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The parcels are classified as Mixed-Use High (MXH), the future land use (FLU) category allowing a maximum density of 80 dwelling units per acre (du/ac), and zoned CBD, Central Business District. The developer has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH future land use classification and carrying that classification's maximum density of 80 du/ac. The MU-C is the designation recommended for this location by the Plan. The applicant proposes to develop a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of ground retail adjacent to Federal Highway. The proposed density of 98 du/ac exceeds the requested zoning's maximum density; however, since the project is located within the Downtown Transit–Oriented Development District (DTODD), the developer—contingent on the participation in the City's Workforce Housing Program—can utilize the DTOD District 25 percent density bonus. 2 Page 682 of 1299 Page 3 GCI Residential REZN 20-002 Currently, there are three existing projects within close proximity to the project site that are zoned MU-C, including 500 Ocean, Casa Costa, and Marina Village. In addition, the Ocean One site plan has been approved under the MU-C zoning, but has not yet been constructed. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested rezoning of the subject site aligns with the CRA's plan that calls for a vibrant downtown where people can live, work, and play in an environment that's bikeable and walkable. This vision is to be implemented through the development of the highest density and intensity projects within the area, supported by the City's most intense FLU and zoning designations and by the opportunity for additional DTOD District's density bonuses. A heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter service station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density for between 11 and 16 dwelling units per acre. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The Proposed MU-C zoning district is consistent with the recommendation of the 2016 CRA Community Redevelopment Plan and the City's Comprehensive Plan. The MU-C zoning district is intended to replace the existing Central Business District (CBD) zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: Policy 1.18.1 The City shall continue to implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within the Downtown TOD District(a % mile 3 Page 683 of 1299 Page 4 GCI Residential REZN 20-002 radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor). The inner X-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian-friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not create an isolated district, nor will it constitute a grant of special privelege to the property owner. As stated in criterion "b", the proposed MU-C zoning designation is consistent with the recommendations of the CRA Plan and Comprehensive Plan and implements the MXH future land use classifcation as identified on the City's Future Land Use Map. All areas north of the proposed project (up to NE 4th Avenue), and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One, The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is beeing gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The MXM classification is already on the ground on the north side SE 2nd Avenue, where all properties with the exception of the commercial lot on the corner of SE 2nd Avenue and the Federal Highway are residential and zoned R-3 (Multi-Family), a designation inconsistent with the MXM future land use category. 4 Page 684 of 1299 Page 5 GCI Residential REZN 20-002 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning is a mixed-use high density development whose residents will have access to alternative modes of transportation including Palm Tran bus service along the Federal Highway corridor (with a bus stop located in front of the project), and, eventually, the Coastal Link station. In addition, the project also provides pedestrian connectivity through activated ground retail that supports the development of a pedestrian-friendly downtown and encourages residents and visitors to use a form of active transportation (walking or biking) for short trips instead of a private vehicle. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer, and solid waste was reviewed earlier as a part of the area-wide FLUM amendment following the adoption of the CRA Plan. (The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046.) The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,769 new daily trips, 59 new am peak hour trips and 138 new pm peak hour trips. The Traffic Division confirmed that, since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The PBC School District's review of The School Capacity Availability Determination (SCAD) letter submitted by the applicant concluded that there will be no negative impacts on the public school system. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. 5 Page 685 of 1299 Page 6 GCI Residential REZN 20-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to criterion "c," as well as responses to criteria "a" and "b". The proposed master plan supported by the subject rezoning is compatible in scale and character with several nearby developments, either already built or approved. It is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be compatible with the future redevelopment of the surrounding areas as the implementation of the Plan continues. The project is likely to increase some local property values. The master plan includes features designed to mitigate the negative impacts of the project's incompatible height, bulk and scale on the adjacent low-rise residential properties—a two-story condominium to the east, residential parcels to the south, across from the SE 2nd Avenue, and the Sterling Village community farther south and east of the SE 6th Street. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on street parking, street trees, and wide sidewalks. For details, see the corresponding staff report. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors 6 Page 686 of 1299 Page 7 GCI Residential REZN 20-002 to the City. Moreover, the density increase in the DTOD District is essential for support of the future Tri-Rail Coastal Link commuter service. The project has a potential to add a significant contribution to the City's tax base ("g2"). The direct impact on job generation would be modest ("g4"); however, there will be substantial indirect (multiplier) effects through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The subject property is currently classified as Mixed Use-High. The proposed rezoning corresponds to that FLU classification and does not affect the type of land uses allowed on the property. The project includes 12,422 square feet of retail uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no adequate sites elsewhere downtown for a high intensity mixed use project without considerable land assembly efforts. The City's downtown has very little vacant land left. The property is already classified MXH; both the MXH classification and the proposed zoning designation are consistent with the CRA Plan recommendation for the area. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with the requirements of the MU- C zoning district and the site development standards of Part III (LDR), Chapter 4 prior to the issuance of any permits or certificate of occupancy. For the master plan/site plan review, see the corresponding staff report. 7 Page 687 of 1299 Page 8 GCI Residential REZN 20-002 RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and found that it implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. Therefore, staff recommends that the subject request be approved. s Page 688 of 1299 206 S Federal Highway 625 SE 2nd Ave 0010 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 Bowden INC Sara N Garcia 1622 NE 4th Street 625 SE 2nd Ave#A Boynton Beach, FL 33434 Boynton Beach, FL 33435 SE V Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 One Twelve South Fed Hwy INC Maria CS Ruggeri W Bingham c/o PO Box 1182 3549 Harbor Cir Boynton Beach, FL 33425 Delray Beach, FL 33483 SE V Avenue 625 SE 2nd Ave 0030 08-43-45-27-04-000-0670 08-43-45-27-04-000-0030 Joseph W Scaggs Linda and Christopher Chiodo 728 Casa Loma Blvd 2515 SW 13th Ct Boynton Beach, FL 33435 Boynton Beach, FL 33426 SE 1st Avenue 625 SE 2nd Ave 0040 08-43-45-27-04-000-0710 08-43-45-27-04-000-0040 DSS Properties Howard and Marianne Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 689 of 1299 Federal Highway 08-43-45-27-04-000-0131 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 212 S Federal Highway 08-43-45-27-04-000-0150 Downtown Properties of South Florida LLC 4283 Fox Trace Boynton Beach, FI 33436 Page 690 of 1299 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ���'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 691 of 1299 Exhibit B LEGACY AT BOYNTON BEACH: FUTURE LAND USE E-Ocean-Ave MEDR _ , SE 1-st-Ave � t� I W SITE � S E i2 nd Ave N d-Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre I MIXED USE HIGH (MXH), 80 D.U./Acre 0 45 90 180 270 qV99 Exhibit C1 LEGACY AT BOYNTON BEACH: CURRENT ZONING E-Ocean-Ave a _ SE=1-St=Ave W W I ME 0 W ------ --SE i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 e1V99 Exhibit C2 LEGACY AT BOYNTON BEACH: PROPOSED ZONING E-Ocean-Ave a = SE=1-St=Ave W W SI E 0 W U S E i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 e1V99 EXHIBIT D. CRA PLAN FLU RECOMMENDATION ` ' FOR LEGACY AT BB SITE I �.YC I � � f mar ' til I ry t � P $ � r � w R....5onal(R) t i {x. - - Indusinal (1? Low Density Residential(LDR)5 du/ac 1Medum Density Residential(MDR)11 du/ac High Density iResidential(HDR)15 dulac =Special High Density Residential(SHDR)20du/ac Instiluationa9(PPGI) 9 f :,Local Retail Commercial(LRC) General Commercial(GC) ( j,,J�`, 't+�r�+l fxed Use Low(MUL)20 dulac Mixed Use Medium(MUM)50 dulac MMered Use High(MUH)80 du/ac TOD � f. Figure 43: Recommended Land Use for the Downtown District 87 Page 695 of 12 8.B. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 11t Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: The applicant is requesting to abandon (ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NW SP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the attached analysis, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends APPROVAL of the request, subject to the accompanying conditions. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: Page 696 of 1299 ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of a portion of the 45 foot ROW D Staff Report Staff Report D Location Map Exhibit A® Location Map D Location Map Exhibit B -Abandonment Area D Drawings Exhibit C ® Survey D Conditions of Approval Exhibit D ® Conditions of Approval Page 697 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF THE IMPROVED 45 FOOT WIDE RIGHT-OF-WAY OF 6 SOUTHEAST 1sT AVENUE RUNNING EAST FROM FEDERAL 7 HIGHWAY FOR A DISTANCE OF APPROXIMATELY 175 FEET; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of the improved 45- 14 foot wide right-of-way of SE Pt Avenue extending from Federal Highway east for a distance 15 of approximately 175 feet; and 16 17 WHEREAS,staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a 26 public purpose other than retention of a utility easement, if warranted and therefore 27 recommends approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of the improved 45 foot wide right-of-way of SE Pt Avenue running 37 east from Federal Highway for a distance of approximately 175 feet. The property being 38 abandoned is more particularly described as follows: 39 40 PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE 41 A PORTION OF THE RIGHT-OF-WAY OF SE ist AVENUE LYING BETWEEN LOT 8, 42 LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 43 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 44 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 45 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 46 FOLLOWS: 47 {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 698 of 1299 48 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 49 00000'00"EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID 50 LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66;THENCE NORTH 51 88046'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 52 ALSO BEING THE NORTH LINE OF SAID LOTS 66,65,AND 9,FOR 174.99 FEET TO A 53 POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US 54 HIGHWAY NO. 1); THENCE NORTH 00000'00"WEST ALONG SAID EAST RIGHT-OF- 55 WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY 56 EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 57 88046'20"EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 58 ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO 59 THE POINT OF BEGINNING. 60 61 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 62 BEACH,PALM BEACH COUNTY,FLORIDA AND CONTAINING 7,875 SQUARE FEET, 63 MORE OR LESS. 64 65 Section 3. The City Manager is hereby authorized and directed to execute the 66 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 67 of Palm Beach County, Florida. 68 69 Section 4. This Ordinance shall take effect immediately upon passage. 70 71 FIRST READING this day of October, 2020. 72 73 SECOND, FINAL READING AND PASSAGE THIS day of October, 2020. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 77 YES NO 78 Mayor— Steven B. Grant 79 80 Vice Mayor—Ty Penserga 81 82 Commissioner—Justin Katz 83 84 Commissioner—Woodrow L. Hay 85 86 Commissioner— Christina L. Romelus 87 88 VOTE 89 ATTEST: 90 91 92 Crystal Gibson, MMC 93 City Clerk 94 95 96 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 699 of 1299 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the improved 45 foot wide right-of-way of SE lst Avenue running east from Federal Highway for a distance of approximately 175 feet. The property being abandoned is more particularly described as follows: PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9,LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS",ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST ALONG SAID EAST RIGHT-OF-WAY,LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95,FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of October, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 700 of 1299 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 701 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-023 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: September 15, 2020 SUBJECT: Request for abandonment of a portion of the improved 45 foot wide right-of- way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet (ABAN 20-009). BACKGROUND The applicant, Evan Vlaeminck with GCI Acquisitions LLC is requesting to abandon(ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1 st Avenue extending from Federal Highway east for a distance of approximately 175 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. This abandonment is for the following platted street segment: A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and Exhibit"C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. Page 702 of 1299 Page 2 Memorandum No. PZ 20-023 ABAN 20-009 The following is a description of the zoning districts and land uses of the properties that surround the subject request. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: North: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of MU-Core (Mixed Use Core). South: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of Mixed Use Core (MU-C). East: The continuation of the right-of-way for SE 1St Avenue, then farther east developed multifamily with a Future Land Use classification of Medium Density Residential (MEDR) and a Zoning designation of Multifamily (R-3). West: Right-of-way for Federal Highway, then farther west a developed mixed-use project known as 500 Ocean Future with a Future Land Use classification of Mixed Use High (MXH)and a Zoning designation of Mixed Use Core(MU-C). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection, with the provision of the relocation of the existing utilities (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost. AT&T No objection, with conditions (see Exhibit D) Florida Public Utilities No objection Comcast No objection, with conditions (see Exhibit D) Windstream No objection Page 703 of 1299 Page 3 Memorandum No. PZ 20-023 ABAN 20-009 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions based on the remaining street network in the immediate vicinity and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segment, located within the confines of the proposed development of Legacy of Boynton Beach, no longer serves a public purpose other than retention of necessary utility easements, if warranted and therefore recommends APPROVAL of the request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\_Staff Report ABAN 20-009.doc Page 704 of 1299 Exhibit A PROPOSED ABANDONMENT - GENERAL LOCATION , VI : !� b - #� f § L W _ s 1 s,. I ff r Page 705 of 1299 Exhibit B PROPOSED ABANDONMENT �- �� �) 75 )� -- �• �9s�y�(t lis}� t �,}sS�F1(� ) � � � �� - a 5 $r� y SSE� 1st Ave �� S p P t r I �s r 4' _ �•�_ �, � its�s , y Page 706 of 1299 EXHIBIT "C" rim SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 LEGAL DESCRIPTION: (RIGHT-OF-WAY VACATION) A PORTION OF THE RIGHT—OF—WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT—OF—WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO.1) BEING N00°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF PALM BEACH COUNTY. FILE: Cl RESIDENTIAL SHEF 1F 2 ,; THIS �:/tH I:ELALN NOR SCALE: N/A DRAWN: L.S. CpMPHD 2 ORDER NO.: 67201DATE: 5/18/20RIGHT-OF-WAY VACATION OHN �dPULICE, PROFESSIONAL SUA91❑ BET ° BURNS, PROFESSIONAL SURVPNBEACH,PALM BEACH COUNTY,FLORIDA ❑ VISOR R. GILBERT, PROFESSIONAL S6274 I RESIDENTIAL SITE STATE OF FLORIDA FOR: GC Page 707 of 1299 EXHIBIT "C" cis SKETCH AND LEGAL DESCRIPTION cm BY SURVEYORS,PULICEE LAND 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E-MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 I=W LOT 5 LOT 96 LOT 95 N�. EAST LINE 1 I LOT 95 LOT 6 POINT OF LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 25' BEGINNING ~1 LOT 7 SE'CORNER I THE I LAWNS" — LOT 95 PLAT BOOK 9, PAGE 69 LOT 8 SOUTH LINE r. L� LOTS 8, 95, 96 LU — Q r r �e O- NORTH RIGHT- O t� SqE 1 Sty YE , g/ o O OF-WAY LINE Ca L Z N8846'20'W 174.99' o SOUTH RIGHT- 07T IGHT- _ O C OF-WAY LINE NORTHI66 NE CORNER�65 U_ ILOT 10 ] LOT 66 ®_ X30 EAST LOT 66 wc'6LOT 67 LOT 68 I LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 j 11� LOT 65 LOT 66 "THE LAWNS"I �I 5' _ LOT 12 PLAT BOOK 9, PAGE 69 =Iw = LOT 13-+ � - - - —+ — � - - -� — - - - - � �Q Wo LOT 14� LOT 64 LOT 63 LOT 62 LOT 61 LOT 60 LOT 59 LOT 58 LOT 57 LOT 56 LOT 15� LOT 16 SE 2nd AVENUE FILE: Cl RESIDENTIAL $I-IEE"r 2 OF 2 THIS DOCUMENT IS NEITHER FULL OR SCALE: 1°'=80° DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 67201 DATE: 5/18/20 RIGHT-OF-WAY VACATION BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA FOR: GCI RESIDENTIAL SITE Page 708 of 1299 EXHIBIT "D" Conditions of Approval Project Name: Legacy at Boynton Beach File number: ABAN 20-009 Reference: 41h review of plans identified as a Abandonment 20-009 with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ UTILITIES Comments: 1. Per the City Utility Department, the approval of the requested abandonment is contingent on the relocation of the existing X utilities. PLANNING & ZONING Comments: 2. The approval of the requested abandonment is contingent on the permitting and construction of the project within the allowable X timeline permitted by the Development Order and/or the Building Division. UTILITY COMPANIES Comments: 3. Per Comcast, a new easement is required to replace the existing fiber and coax cable; the developer will be responsible for X associated cost. 4. Per AT&T, active service on property 625 SE 2nd Avenue must be X disconnected before demolition. 5. FP&L has not responded to the request for abandonment as of the date of this report. If easements and relocation of utilities are X necessary the developer will be responsible for associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\Exhibit D-COA ABAN 20-009.doc Page 709 of 1299 8.C. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight(8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to rezone the property from CBD (Central Business District) to Mixed-Use Core (MU-C). The second application, NWSP 20-003, is for New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25%. Lastly, an application for the Abandonment(ABAN 20-009) of a portion of SE 1st Avenue, east of Federal Highway has been submitted. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of three (3) Engineering Waivers. The architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the coastal architectural style. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: Page 710 of 1299 None recommended Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit All ® PCN and Owner List D Location Map Exhibit A2 ® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 711 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: September 16, 2020 PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agent: Brian M. Seymour, Gunster and Mark Rickards, Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: Mixed Use-High (MXH) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: CBD (Central Business District) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi-family units, approximately 12,422 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 2.76 acres Page 712 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 2 Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6th Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to 2 Page 713 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 3 rezone the property from CBD (Central Business District) to Mixed- Use Core (MU-C). The second application, NWSP 20-003, is for a New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25% (see Exhibit C —Conditions of Approval). Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1St Avenue, east of Federal Highway has been submitted. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,769 new daily trips with 59 AM peak trips and 138 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. The Fire Department has requested additional information to ensure that the drive aisles and turnarounds are meeting the City's requirements (see Exhibit C—Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 3 Page 714 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 4 The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee-in-lieu-of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The projects access design is contingent on the approval of three (3) Engineering Waivers. The first Engineering Waiver is a request to reduce the driveway throat depth from the required 100 feet to 60 feet; the second request is to waive the require 12-foot-wide left turn lane for the left turn movement into the garage on SE 2nd Ave; the last request is to reduce the required 22-foot width of SE 2nd Ave to 20.9 feet (see Exhibit C — Conditions of Approval). A portion of SE 1St Avenue is proposed to be abandoned (refer to concurrent application ABAN 20-009) and will no longer connect to Federal Highway, but instead will provide direct access to the parking garage. In addition, the project also provides 20 on-street parking spaces to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet in width and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that may be used for outdoor dining and commercial uses. The project also proposes a private dog park along the eastern property line and a hardscaped plaza along the north property line to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for studios and one-bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (155 studios and one-bedrooms, and 119 two and three-bedrooms), which would require 404 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 41 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,422 square feet of retail, thereby requiring an additional 63 parking spaces (see Exhibit C — Conditions of Approval). In addition to this, the developer will maintain a parking agreement with Two George's to provide 20 parking spaces 4 Page 715 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 5 for their use. Under this standard methodology for calculating required off-street parking spaces, a grand total of 528 parking spaces would be required. The site plan proposes 530 parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 510 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 20 on-street parking spaces; ten (10) on Federal Highway; and ten (10) on SE 2nd Avenue. Landscaping: The Plant List (Sheet L200) indicates that the project would add a total of 100 canopy and palm trees, 297 accent and shrub specimens, and 1,469 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Natchez Crape Myrtle, Gumbo Limbo, Pigeon Plum, Yellow Bells, Cabada Palm, Alexander Palm, Royal Palm, and Sabal Palmetto. The applicant has chosen Coontie, Milkweed, and Firebush as butterfly attracting plants. Projects proposed in the Mixed-Use Core (MU-C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed around the private terraces and along the building foundation, and street trees placed between 5 Page 716 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 6 the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Lastly, a 15-foot wide urban landscape buffer is provided along the east property line; a wall is required within the buffer to mitigate impact to the adjacent property (see Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Ave the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 12,422 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. A portion of the parking garage is visable from SE 1 st Ave and is to be treated with a landscaped wall feature (see Exhibit C — Conditions of Approval). Of the 274 residential units, 20 are studio, 135 are one (1) bedroom, 93 are two (2) bedroom, and 26 are three (3) bedroom units. The units range in size from 650 square feet to 1,350 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU-C) zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac. (based on a 25% density bonus gained from particpation in the Work Force Housing Program) and a minumum FAR of 2.0; the project has a proposed FAR of 2.91. Building Height: The maximum building height allowed in the MU-C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at eighty-four (84)feet, with an overall height of approximately ninety-four(94)feet, 56 feet below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back ten (10) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. 6 Page 717 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 7 Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero (0) build-to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet— 5 feet for street trees, 10 feet for sidewalks, plazas, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 23 feet and 25 feet. Along SE 2nd Avenue, the building setback is between 3.4 feet and 3.9 feet except for the areas of the ground floor amenity deck, which is setback to approximately 85 - 120 feet. The building setback along SE 1St Avenue is approximately 5 - 14 feet. The eastern property line abuts the adjacent property where the setback is 30 feet and includes a dog park with landscaping. Lastly, the building is setback between approximately 26 and 62 feet from the northern property line to allow for the required useable open space. Amenities: As noted above, the project proposes a hardscaped plaza at the northern end of the project which connects to the pedestrian zone along Federal Highway. In addition, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zones abut SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment. The developerwill also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project (see Exhibit C— Conditions of Approval). Design: The intended architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black 7 Page 718 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 8 window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the Coastal architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Sustainability: Mixed use developments must achieve a minimum of 25 sustainability points (see Exhibit "C" — Conditions of Approval). The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof -impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 8 Page 719 of 1299 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 9 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Green Wall - Provide a minimum of 600 square feet of an irrigated vegetated wall, which is visible from right- of-way or private amenities. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH-1 & PH-2) include 19 freestanding pole light fixtures, with pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures along 500 Ocean and Casa Costa. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot-candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Team regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\_Legacy at Boynton Beach Staff Report(NWSP 20-003)DRAFT.doc 9 Page 720 of 1299 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave#A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1St Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 212 S Federal Highway One Twelve South Fed Maria CS Ruggeri 08-43-45-27-04-000-0150 Hwy INC 3549 Harbor Cir Downtown Properties of W Bingham c/o PO Box South Florida LLC 1182 Delray Beach, FL 33483 4283 Fox Trace Boynton Beach, FL 33425 625 SE 2nd Ave 0030 Boynton Beach, FI 33436 SE 1St Avenue 08-43-45-27-04-000-0030 08-43-45-27-04-000-0670 Linda and Christopher Chiodo Joseph W Scaggs 2515 SW 13th Ct 728 Casa Loma Blvd Boynton Beach, FL 33426 Boynton Beach, FL 33435 625 SE 2nd Ave 0040 SE 1St Avenue 08-43-45-27-04-000-0040 08-43-45-27-04-000-0710 Howard and Marianne DSS Properties Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 721 of 1299 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ���'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 722 of 1299 Exhibit B — Project Plans Page 723 of 1299 oZOL/eo/6o�Ltl°HHf 1j HOV36 NOLNd09 IN" sosce OII IVUN30232J IOS w o oz �N�53�d��� �N ��ozo�� sw erv�Nw�,ti oma.a3 � Nd1d �l�s ao�a3avd3ad o 'ad'dwntaoe avnwsor Noaoa adas� �OV39 UJOH��(Aalwi000zaoeL NOINAOS J.OVSEI1 v ��3�oad HHH 6R F� W - J U u v a� <m pAQ< mss 133aiS H19 35 s _ El 6.0 �uw r w w0. 1 1 ea - � nnenen a nnn �a m8 u yu d - 3 t d'3=^ LLEo� T 11 NO u o z ®I g o..o.o-o.E� �LLLL oz��c ----49999499--,0 - �Wd � o000000000aownu w ooa000 E > n 4g 'a �C mao 0-0 4 - 55 m - a a<IrW a --g x� `$ Z w p W 0 g �zzs �zz= - LL H FT Hm eff s o. n W w v . , g a nZ h € W k H f 23 I OY o{ m e , b b mmm.m mmmmmmm,. o � E mmmm ..,,"":`.:=4 /.VMH`JIH ]Vd343J 5 ... .. ... 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E m xl W Nm LLLL�� E�m t 40000 � uF v n� Iv o , q w v p a Eo w 'o mY — s� o= �m �a =�vo �v z E gva�000 n LLL i. IM 41 y LJ M ... .m m�m 1/7 1 NI[ � � Page 73 of 1299 b ^ �kW hs-tli E� u aa� ------------------- -7a, x Hill HIM �� ��r ��, n' v 1111111■I'A� �P � :� r, ■�:1�:1�1 I � I NO OUR WHOM 4 ' n I 4A, � } f 77 �i qctcc�d q O�UA09 '4-�H V�—N -M J-xdnO,'d 0 NN I(I S, °1e e�OeeSBZ HDV39 NOiN),O9 iV),:)VE)31 earns l3VdWl wnslA U t Fa Page 733 of 1299 0.,d,, .,�a,a--F EXHIBIT "C" Conditions of Approval Project Name: Legacy at Boynton Beach (GCI Residential) File number: NWSP 20-003 Reference: 41h review of plans identified as a New Site Plan with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. City has received an Engineering Waiver request for the driveway X throat depth at the SE 2nd Ave access. The plan appears to have 60 ft in lieu of the required 100 ft. Please provide additional information to support the request. The project is conditioned on the waiver's approval. 2. The left turn movement into the parking garage on SE 2nd Avenue X may require a 12 foot wide left turn lane. Prior to permitting revisions to the design of SE 2nd Avenue are required or the submittal of an Engineering Waiver Request. 3. SE 2nd Ave shall be 22' wide per the City's Engineering Handbook X Detail P-1 "Roadway Design Criteria". The current proposal does not meet this requirement. There is existing back-out parking on the south side of the road that is encroaching onto the ROW. If this cannot be met submit an Engineering Waiver Request with an engineer's justification an opinion regarding any added safety elements included in this design that will allow these spaces to continue to function safely. 4. Prior to construction, developer shall submit a construction staging X plan to the Engineering Department. The plan shall indicate the approach to construction parking, materials staging and other aspects of construction coordination. The plans shall also indicate what will be done to keep traffic from using the driveway between 618 and 630 E Ocean Drive to access the GCI site during and after construction. 5. Prior to building permit approval, the Developer shall provide X evidence of screening the residential windows along the south side of SE 2nd Avenue, specifically 610 SE 2nd Avenue, from vehicle headlights. 6. Prior to building permit approval provide a plan and document X detailing the parking configuration and locating where residents, visitors, employees, and retail customers will park in the parking garage, and the location of access gates. Should the gates cause traffic to stage into the City's right-of-way, post development, the City reserves the right to require the removal or relocation of the gates at the Developers expense. Page 734 of 1299 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 2 of 5 7. Prior to permitting the site drainage calculations and plans, X including any existing drainage the site may be receiving from off- site, shall be submitted and approved by the City and the SFWMD and/or DEP. Should the drainage design require changes to the site plan, the developer shall be required to apply for a site plan modification. 8. Note that the existing 48" RCP in the FDOT ROW is the main trunk X line serving 500 Ocean and NE 4th St basin and cannot be taken out of service and rerouted without an acceptable temporary bypass. 9. The trash service shall be a dock height, roll off type compactor X unit. Provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How and where will bulk trash be handled? 10. Prior to permitting provide a narrative describing how the delivery X area will be used and what steps will be taken to keep vehicular access open at all times. Note that services provided to this site will need to be able to be provided without accessing private property. 11. Provide an AutoTurn simulation for the City's ASL solid waste X trucks. 12. The access to the dumpster is designed as the City's standard X detail for a Shunt turnaround (see detail P-11). This detail requires a 50 ft stub out with a 30' radius. Revise plans accordingly. 13. Relocate the proposed fire hydrant across the street from the X loading zone further east as its current location interferes with the turning radii. 14. The developer is responsible for replacing the existing FPL street X lighting with underground wires and decorative street lighting to match the west side of Federal Highway and City standards. 15. If the project is utilizing the Downtown Stormwater improvement X Watershed then provide documentation that shows there is available capacity. The "fee-in-lieu-of" capital contribution for properties utilizing the installed storm water treatment and/or conveyance facilities within that watershed are as follows: A. Capital cost per impervious square food for water quality is $2.05 B. Capital cost per impervious square foot for water quantity is $0.18 C. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Page 735 of 1299 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 3 of 5 Watershed. FIRE Comments: 16. Provide a detail of the proposed fire engine turnaround on 1St X Avenue, include all the applicable dimensions. 17. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 18. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 19. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 20. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment application (ABAN 20-009). 21. The Art in Public Places form is incomplete. Please indicate the X proposed value of the project, the 1% Art Fee, and the 30% and 70% figures. The Art proposal is to be approved by the City's Art Commission. 22. Enhance the proposed green wall/ landscaped fagade and X architectural elements on the east fa ade to better screen the Page 736 of 1299 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 4 of 5 portion of the garage that is not wrapped and is visible from off-site. Ensure that parked vehicles and sloped ramp cannot be seen. 23. Please provide a drawing depicting how the direct pedestrian route X from the garage parking to the commercial spaces and Federal Highway sidewalk will be enhanced, and signed, in order to ensure it is easy for those parking in the garage to locate and follow. The drawing should show an interior view of the garage, depicting signage directing the public to the pedestrian corridor, and how this doorway will be enhanced and signed to easily catch the eye of someone who just parked and is looking for that doorway. 24. Per the Sustainability Code, please provide, and label on the plans, X one (1) Level 2 Electric Charging Station capable of servicing two (2) parking spaces for every 50 units, or fraction thereof, plus one (1) for the non-residential component of the project.. 25. Please provide a detailed typical floor plan for the studio unit, X including square footage. 26. The proposed lighting levels on the roof of the garage exceed the X maximum allowed foot-candles. Please reduce the levels to meet the maximum foot-candles allowed by code (5.9). Staff recommends lowering the height of the light fixtures on the roof to reduce the impact. 27. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 28. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. 29. Please depict location and footprint of the proposed PalmTran bus X stop. Additionally, please provide a letter of concurrence from Palm Tran. 30. Provide a detail drawing of the proposed bus shelter, designed X utilizing architectural elements, materials and colors matching the proposed building. 31. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 32. Prior to issuance of any permits, a narrative and phasing drawing X shall be provided outlining how the required Two Georges Restaurant will be provided throughout the construction of the project. 33. The proposed landscaping along the east side of the project is X required to meet the Urban Landscape Barrier regulations. Please Page 737 of 1299 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 5 of 5 revise the drawings to meet those requirements. 34. Provide a detail of the decorative 6' tall buffer wall to be located X within the landscape barrier along the east property line. 35. Please clearly indicate the location of the required bike racks, X including the architectural design of the covering, if not located within the building. 36. Please correct the parking calculations for the non-residential uses X at 1 parking space per 200 square feet, then revise the total parking calculation total for parking required and parking provided. 37. Provide a detail of the proposed fence/wall separating the amenity X area from the public sidewalk. Proposal should include architectural enhancements and possibly an integrated green /vine wall feature or public art. 38. The project's approval is conditioned upon its participation in the X City's Workforce Housing Program or the project shall conform to the City's density provisions of the Downtown Transit Oriented Development District . COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION /COMMITMENTS 39. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\C0As\Legacy at Boynton NWSP 20- 003 COA.doc Page 738 of 1299 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) APPLICANT: Evan Vlaeminck, GCI Acquisitions LLC APPLICANT'S ADDRESS: 25101 CHARGIN BOULEVARD, SUITE 300, BEACHWOOD, OHIO 44122 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B"ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\NWSP 20-003 DO.doc Page 739 of 1299 8.D. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Ordinance No. 20-038 - Second Reading -Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low(MXL). Applicant: Elisabeth Roque/Wells Landing Apartments LLC Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elisabeth Roque/ Wells Landing Apartments LLC Explanation of Request: The proposed Future Land Use (FLU) amendment and rezoning will support the 1.23-acre north part of the Wells Landing mixed-use project. The properties assembled for the south part of the project have already been reclasified to the the CRA Plan's recommended Mixed-Use Medium (MXM) future land use and rezoned to MU-2, Mixed-Use 2 zoning district. The project will be developed with the use of the Low-I ncome Housing Tax Credit (LI HTC) financing tool. The program provides nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax liability in exchange for the development of affordable rental housing. Both affordable housing and commercial uses are in short supply in the Heart of Boynton (HOB) District, which has been an area of disinvestment for decades. In recent years, efforts mounted by the CRA and the City, in partnership with local non-profits, resulted in development of single-family homes in several locations. These efforts continue, but there is also a need— recognized by the CRA Plan—for development of quality affordable multi-family rental housing. While the Plan endorses preservation of the single-family neighborhoods west of Seacrest Boulevard, it recommends significant reclassifications to mixed uses and higher residential densities for the lands east of the corridor. The south side of the Martin Luther King (MILK) Jr. Boulevard is one of the three areas recommended for and already under a high intensity MXM future land use category. The subject site—along with the remainder of the two-block area extending to NE 11th Avenue—was envisaged by the Plan to become a Seacrest Boulevard-fronting, commercial hub for the District under the Local Retail Commercial future land use, which does not allow residential uses. However, it became increasingly clear that limiting the land uses in this area to commercial is unlikely to be supported by the market. The proposed reclassification to the mixed- use future land use and zoning will address this issue. The developer is requesting to amend the site's future land use from the existing Local Retail Commercial and Medium Density Residential classifications to Mixed Use Low (MXL), and to rezone the site from C-2 Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed Use 1. The project will include 24 multi-family units and 8,530 square feet of commercial space. The Planning and Development Board reviewed these requests at its October 27, 2020 meeting and forwards them with a recommendation of approval. How will this affect city programs or services? No direct effects on programs or services Page 740 of 1299 Fiscal Impact: Future increase in property tax revenue Alternatives: None recommended Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area and therefore furthers Strategic Plan Project 2.5 which is implementation of the Community Redevelopment Agency Plan. CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving land use designation for Wells Landing D Ordinance Ordinance approving Wells Landing Rezoning D Staff Report Staff Report D Location Map ExhibitA. Location Map D Location Map Exhibit B1. Current FLU D Location Map Exhibit B2. Proposed FLU D Location Map Exhibit CIL Existing Zoning D Location Map Exhibit C2. Proposed Zoning D Location Map Exhibit D. CRA Plan recommendation Page 741 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS WELLS LANDING NORTH 7 AND DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) 9 AND MEDIUM DENSITY RESIDENTIAL (MEDR) TO MIXED-USE 10 LOW (MXL); PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 North 31 PARCEL 1: 32 LOT 1, MEEKS ADDITION TO BOYNTON,ACCORDING TO 33 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC 34 RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCEL 2: S:\CA\Ordinances\Planning\Land Use\Wells Landing LUA-Ordinance.Docx Page 742 of 1299 37 LOTS 4 THROUGH 9,INCLUSIVE, BLOCK 1,FRANK 38 WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 39 PLAT BOOK 9,PAGE 3,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 40 41 is amended from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) 42 to Mixed-Use Low (MXL). 43 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 44 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 45 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 46 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 47 including appeals, are exhausted. In the event that the effective date is established by state law 48 or special act, the provisions of state act shall control. 49 FIRST READING this day of November, 2020. 50 SECOND, FINAL READING and PASSAGE this day of , 2020. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 54 55 Mayor— Steven B. Grant 56 57 Vice Mayor—Ty Penserga 58 59 Commissioner—Justin Katz 60 61 Commissioner—Woodrow L. Hay 62 63 Commissioner— Christina L. Romelus 64 65 VOTE 66 ATTEST: 67 68 69 70 Crystal Gibson, MMC 71 City Clerk 72 (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Wells Landing LUA-Ordinance.Docx Page 743 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 WELLS LANDING NORTH FROM C-2 NEIGHBORHOOD 7 COMMERCIAL AND R-2 SINGLE AND TWO FAMILY 8 RESIDENTIAL TO MU-1 MIXED-USE 1; PROVIDING FOR 9 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter,from C-2 Neighborhood Commercial and R-2 Single and Two 15 Family Residential to MU-1 Mixed Use l; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-2 26 Neighborhood Commercial and R-2 Single and Two Family Residential to MU-1 Mixed-Use 1. 27 A location map is attached hereto as Exhibit"A" and made a part of this Ordinance by reference. 28 Legal Description: 29 PARCEL 1: 30 LOT 1, MEEKS ADDITION TO BOYNTON,ACCORDING TO 31 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC 32 RECORDS OF PALM BEACH COUNTY, FLORIDA. 33 34 PARCEL 2: 35 LOTS 4 THROUGH 9,INCLUSIVE, BLOCK 1,FRANK I S:\CA\Ordinances\Planning\Rezoning\Wells Landing North-Rezone-Ordinance.Docx Page 744 of 1299 36 WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 37 PLAT BOOK 9,PAGE 3,PUBLIC RECORDS OF PALM BEACH COUNTY, 38 FLORIDA. 39 40 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 41 accordingly. 42 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 43 Section 5. Should any section or provision of this Ordinance or any portion thereof be 44 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 45 remainder of this Ordinance. 46 Section 6. This ordinance shall become effective immediately upon passage. 47 FIRST READING this 4th day of November, 2020. 48 SECOND, FINAL READING and PASSAGE this day of , 2020. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor—Ty Penserga 55 56 Commissioner—Justin Katz 57 58 Commissioner—Woodrow L. Hay 59 60 Commissioner— Christina L. Romelus 61 62 VOTE 63 ATTEST: 64 65 66 67 Crystal Gibson, MMC 68 City Clerk 69 70 71 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Wells Landing North-Rezone-Ordinance.Docx Page 745 of 1299 Exhibit A LOCATION MAP zz k , � k r r Martin utherzXn r 1 � 1 ( S 1 S NE 9th /we 0 25 50 100 150 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-022 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: October 15, 2020 PROJECT: Wells Landing North LUAR 20-004 REQUEST: Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL), and Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi- family units and 8,530 square feet of commercial. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments LLC Applicant: Elisabeth Roque/Wells Landing Apartments LLC Agent: Brian Herbert/ Gallo Herbert Architects Location: North side of E Martin Luther King Jr. Blvd, approximately 150 feet from the corner of E Martin Luther King Jr. Blvd and N Seacrest Blvd, extending north to the corner of NE 1St Street and NE 11 t" Avenue. Existing Land Use/ Zoning: Local Retail Commercial (LRC) and Medium Density Residential (MEDR) / C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential Proposed Land Use/ Mixed-Use Low (MXL)/MU-1, Mixed-Use 1 Zoning: Page 747 of 1299 Page 2 Wells Landing North LUAR 20-004 Proposed Use: Mixed-use project with 24 multi-family units and approximately 8,530 square feet of commercial Acreage: 1.232 acres Adjacent Uses: North: Developed single-family homes and a vacant parcel, classified Medium Density Residential (MEDR) and zoned R- 2, Single-and Two-Family; north of the northeast part of the site, right-of-way of NE 11th Avenue and farther north, developed single-family homes, classified Medium Density Residential (MEDR) and zoned R-2, Single-and Two-Family; South: Right-of-way of E Martin Luther King Jr. Blvd, farther south Wells Landing South site, clasified Mixed-Use Medium (MXM) and zoned MU-2, Mixed-Use 2; East: On the southeast, vacant parcel classified Local Retail Commercial (LRC) and zoned C-2; on the northeast, right-of- way of NE 1St Street and farther east, Bride of Christ Tabernacle Church, classified Medium Density Residential (MEDR) and zoned R-2, Single-and Two-Family; West: On the southwest, developed property (church) and then two vacant pproperties, all classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; farther west, right-of-way for N. Seacrest Blvd. BACKGROUND The proposed Future Land Use (FLU) amendment and rezoning will support the 1.23- acre north part of the Wells Landing mixed-use project. The properties assembled for the south part of the project have already been reclasified to the the CRA Plan's recommended Mixed-Use Medium (MXM) future land use and rezoned to the corresponding MU-2, Mixed-Use 2 district. While the CRA Plan (the Plan) endorses preservation of the single-family neighborhoods west of Seacrest Blvd, its vision for the lands east of Seacrest Blvd involves significant reclassifications to mixed uses and higher residential densities. The south side of the Martin Luther King (MLK) Jr. Boulevard is one of the three areas recommended for and already under a high intensity MXM future land use category. Importantly, the Plan emphasises redevelopment of the Boulevard into a key commercial area for the Heart of Boynton (HOB) District. The MLK Jr. Boulevard Overlay implements this vision, requiring commercial uses on the street frontage. 2 Page 748 of 1299 Page 3 Wells Landing North LUAR 20-004 The site subject to the proposed reclassification —along with the remainder of the two- block area extending to NE 11th Avenue—was envisaged by the Plan to become a Seacrest Boulevard-fronting, commercial hub for the District under the Local Retail Commercial FLU, which does not allow residential uses. However, it became increasingly clear that the market will not entirely support the Plan's vision. To accommodate a mixed-use project with a residential component of 24 multi-family units and 8,530 square feet of commercial space, the developer is requesting to amend the site's future land use from the existing Local Retail Commercial and Medium Density Residential to Mixed Use Low (MXL), and to rezone the site from C-2 Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed Use 1. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested Future Land Use Map (FLUM) amendment and rezoning will support a part of a mixed-use project to be developed with the use of Low-Income Housing Tax Credit (LIHTC) financing mechanism. The program provides nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax liability in exchange for the development of affordable rental housing. Both affordable housing and commercial uses are in short supply in the Heart of Boynton (HOB) District, which has been an area of disinvestment for decades. In recent years, efforts mounted by the CRA and the City, in partnership with local non-profits, resulted in development of single-family homes in several locations. These efforts continue, but there is a need—recognized by the CRA Plan—for development of quality affordable multi-family rental housing in the HOB District. The subsidy provided through the LIHRC will allow a second such development (after Ocean Breeze East) to be built. The project will also include 8,530 square feet of commercial space. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. 3 Page 749 of 1299 Page 4 Wells Landing North LUAR 20-004 The proposed FLUM amendment and rezoning is generally consistent with the vision for the HOB District embedded in the the CRA Plan. However, as noted in the BACKGROUND section of this report, it is not consistent with the specifc future land use recommendation for lands assembled for the northern part of the Wells Landing development. This recommendation calls for Local Retail Commercial FLU for a two- block, 3.3 acre area between Martin Luther King Blvd and NE 11th Avenue, extending east to NE 1St Street and beyond (see Exhibit D). Note that the Local Retail Commercial classification does not allow residential uses; it is highly unlikely that the market would support commercial-only redevelopment of this area as recommended. The proposed use includes 8,530 feet of commercial space. Moreover, the amendment leaves three parcels fronting Martin Luther King Blvd west of the subject site under the LRC and C-2 designations, inviting a commercial node at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. The combined residential densities of the north and south parts of the project will likely generate enough demand to support the future node as well as commercial uses housed within the project. Finally, it should also be noted that—except for one property adjacent to the project and facing Martin Luther King, Jr. Boulevard—the CRA Plan recommends Mixed-Use Low classification for lands lying to the east of the subject site, between Martin Luther King Blvd and NE 11th Avenue. The proposed rezoning would therefore be consistent with the future redevelopment of the nearby areas. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. See responses to criteria "a" and "b". The proposed rezoning would result "in more desirable and sustainable growth for the community". There is a need—recognized by the CRA Plan—for development of quality affordable multi-family rental housing in the HOB District. The Plan endorses preservation of the single-famiy neighborhoods west of N. Seacrest Blvd, while recommending reclassifications to mixed uses and higher densities for a significant share of areas east of the Boulevard. In these areas, the land use patterns will undergo gradual change. Consistent with the Plan (except for the commercial node fronting Seacrest Blvd), the block between Martin Luther King, Jr. Boulevard and NE 9th Avenue was already reclassified to Mixed-Use Medium and rezoned to MU-2 district, allowing densities up to 40 du/acre (50 du/acre with a density bonus). South of NE 7th Avenue, the construction of the Ocean Breeze East project has recently been completed. Although the proposed MXL future land use category allows for a lesser intensity, it is 4 Page 750 of 1299 Page 5 Wells Landing North LUAR 20-004 already related to adjacent and nearby classifications in that it will support a mixed-use project with a sustainable design recommended by the Plan. Also, as already noted earlier in this report, lands east of the subject site will eventually carry the same classification. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning constitutes a significant contribution to sustainable, high density redevelopment integrating residential and commercial uses in the HOB District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. The Palm Tran bus route along Seacrest Blvd would ensure access to public transportation. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception; it is also located within the Traffic Concurrency Exemption Area (TCEA) and therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. The applicant submitted the traffic study with information required for projects in TCEA-designated areas including trip generation, assignment throughout the Test 1 Radius of Development Influence and traffic at the site access. 5 Page 751 of 1299 Page 6 Wells Landing North LUAR 20-004 Schools. The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The proposed FLUM and rezoning support the northern part of Wells Landing project. The properties assembled for the southern part of the project already have the mixed-use classification of MXM (Mixed-Use Medium) and a corresponding MU-2, Mixed-Use 2 zoning. As noted earlier in this report, the CRA Plan recommends Mixed-Use Low classification for lands lying to the east of the subject site, between Martin Luther King Blvd and NE 11th Avenue. The proposed rezoning would therefore be consistent with the future redevelopment of the nearby areas. The CRA Plan envisages mixed uses and higher densities for a significant share of HOB District east of the Seacrest Boulevard. The master plan includes features designed to mitigate the negative impacts of the project's height and scale on the adjacent low-rise residential properties (see the corresponding staff report for details). The proposed FLUM and rezoning is related to the needs of the neighborhood and the City as a whole. Affordable housing and commercial uses are in short supply in the HOB District, which has long been an area of disinvestment. The CRA Plan recognizes the need for development of quality attainable rental housing; moreover, the combined densities of the north and south parts of the project will generate significant demand for commercial uses within the project and elsewhere in the District. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available, 6 Page 752 of 1299 Page 7 Wells Landing North LUAR 20-004 (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project would generate economic development benefits for the HOB District through responding to the community needs for affordable housing, jobs and commercial uses (g3 and g4) while furthering the process of blight elimination (g7). It will also contribute to the enhancement of the City tax base (g2). h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request reduces the amount of land available for commercial-only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed-Use Low (MXL) category. Also, as noted in response to criterion "b", the proposed FLUM amendment and rezoning is not consistent with the CRA Plan's LRC future land use recommendation for the site. However: (i) the proposed use includes 8,530 feet of commercial space; (ii) the amendment leaves three parcels fronting Martin Luther King Blvd east of the subject site under the LRC and C-2 designations, inviting a commercial node at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard; and (iii) the combined residential densities of the north and south parts of the project will likely generate enough demand to support the future node as well as commercial uses housed within the project. Finally, the proposed FLU amendment and rezoning meets at least four conditions under criterion "g". L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. 7 Page 753 of 1299 Page 8 Wells Landing North WAR 20-004 The parcels assembled for both the north and the south sections of the proposed development included CRA-owned properties, which made the project financially feasible. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The master plan/ site plan shall comply with the requirements of the MU-1 zoning district. For details, see the corresponding staff report. RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and found it to be consistent with the CRA Plan's vision for redevelopment of the Heart Boynton District District. Therefore, staff recommends that the subject request be approved. s Page 754 of 1299 Exhibit A LOCATION MAP zz k , � k r r Martin utherzXn r 1 � 1 ( S 1 S NE 9th /we 0 25 50 100 150 Exhibit B1 WELLS LANDING NORTH CURRENT FLU 4 t � MEDR 1 m MEDR i Z S ',7 E � t { Martin, uther King � t i =k S �rI Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) ;E 0 25 50 100 150 Exhibit B2 WELLS LANDING NORTH PROPOSED FLU 0 ' MEDR �t - _ - - NE1th 1Ave. > 1 m E R MEDR Z Jv Z SATE d F 4 � MXL r " " " , MartinLuther:King Jr� Blvd " Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre f MIXED USE LOW (MXL), 20 D.U./Acre PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 25 50 100 150 Exhibit C1 WELLS LANDING NORTH CURRENT ZONING j. d f f R� 6 } K �1 �K �k5at NEJ11th Ave r m HW21 - N LU d Z '40) C.2 t SITE 4 MartinLuther King Jr�FBlvd S f x Legend Zoning ` , 1 R2 Duplex, 10 du/ac NE 9tN C2 Neighborhood Commercial MU-2 Mixed Use 2, 40 du/ac 0 25 50 100 150 Exhibit C2 WELLS LANDING NORTH PROPOSED ZONING r 1 R'"" - - _ - NEJ11th Ave i Z tW - � C 2 SITE �- MartinLuther King JrFBlvd FIs � 'r i ( cm t 4 ,r Legend Zoning R2 Duplex, 10 du/ac E 9th Ave C2 Neighborhood Commercial MU-2 Mixed Use 2, 40 du/ac MU-1 Mixed Use 1, 20 du/ac 0 25 50 100 150 Exhibit D Figure 63: Recommended Land Use for the Heart of Boynton District Y _ t (f a t � Mho § rl W% LEGEND .._-- Recreational(R) 6�w Industrial(p Low Density Residential(LDR)5 dWac Medium Density Residential(MDR)11 dulac High Density Residential(HDR)15 du/ac Special High Density Residential(SHUR)20dW.ac Instituational(PPGI) --- Local Retail Commercial(LRC) General Commercial(GC) =Mixed Use Low(MUL)20 du/ac Mixed Use Medium(MUM)50 du/ac Mixed Use High(MUH)80 du/ac TOD 3 Page 760 of 12 8.E. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approve Wells Landing North (NW SP 20-004)for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. (Tabled from the November 4, 2020 Commission meeting.) Explanation of Request: The proposed Wells Landing development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 1.23 acres and is composed of several undeveloped parcels. The mixed-use building is proposed on the southern portion of the site. The first floor will contain over 8,000 square feet of commercial space, an expanded pedestrian zone, and an urban plaza. The second and third levels of the building will contain 20 one-bedroom apartments and four (4) two-bedroom apartments. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional dwelling units will increase the City's tax base, and provide much needed attainable housing within the Heart of Boynton. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area within the CRA, and therefore furthers Strategic Plan Project 2.5 which is implementation of the Boynton Beach Community Redevelopment Plan. CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: Page 761 of 1299 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 762 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-024 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Luis Bencosme, Planner II DATE: October 13, 2020 PROJECT NAME: Wells Landing North (NWSP 20-004) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments, LLC Applicant: Elizabeth Roque, Wells Landing Apartments, LLC Agent: Brian Herbert, Gallo Herbert Architects Location: Northeast corner of NE 11th Avenue and NE 1St Street, extending south to Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit "A" — Site Location Map) Existing Land Use: Local Retail Commercial (LRC) & Medium Density Residential (MEDR) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: Neighborhood Commercial (C-2) & Duplex (R-2) Proposed Zoning: MU-1 (Mixed Use 1) Proposed Use: Mixed use development with 24 affordable housing dwelling units, approximately 8,530 square feet of commercial space, and associated parking and related site improvements. Acreage: 1.23 acres Page 763 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 2 Adjacent Uses: North: Developed single-family and two-two family residential properties, classified Medium Density Residential (MEDR)and zoned R-2 (Duplex); farther north, the right-of-way for NE 11th Avenue; South: Right-of-way for East Martin Luther King Jr. Boulevard; further south developed and undeveloped commercial and mixed-used properties classified Local Retail Commercial (LRC) and Mixed Use-Medium (MXM) and zoned C2 (Neighborhood Commercial) and MU-2 (Mixed- Use 2). East: Developed and undeveloped residential properties classified Medium Density Residential (MEDR) and zoned R2 (Duplex). West: Developed and undeveloped commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial); further west right-of-way for N. Seacrest Boulevard. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Wells Landing development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 1.23 acres and is composed of several undeveloped parcels. The applicant is requesting approval of several concurrent applications associated with the Wells Landing North development (see the respective staff reports). The first application, Land Use Map Amendment and Rezoning (LUAR 20-004), is to revise the existing Future Land Use Classifications of the subject properties from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed-Use Low(MXL), as well as rezone the properties from Neighborhood Commercial (C-2) and Duplex (R-2) to Mixed-Use 1 (MU-1). The second application, New Major Site Plan (NWSP 20-004), is for the proposed three (3)-story building consisting of 8,530 square feet of ground floor commercial space along East Martin Luther King Jr. Boulevard, 24 affordable dwelling units comprised of a mix of one-bedroom and two-bedroom apartments, associated site improvements, and amenities. Finally, the applicant is applying for two Abandonments (ABAN 20-001 &20-002), to vacate a five (5) foot alley and the unimproved right-of-way of N E 1 st Street. 2 Page 764 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). The traffic study provided indicates that this project is expected to generate 538 net daily trips, 12 net A.M. peak hour trips and 43 net P.M. peak hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The City's water capacity can meet the projected potable water demand for this project. The applicant has agreed to provide two independent sources of water and a looped portable water main. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, reclaimed water is available. The applicant has agreed to make any necessary improvements to connect and use this resource for irrigation purposes (See Exhibit"C"-Conditions of Approval). The applicant has also agreed to make several upgrades to utility lines in the vicinity of the project as part of the site development, and will remove, cap and plug the sewer laterals that are currently not in service (See Exhibit "C" - Conditions of Approval). Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. The Engineering Department is requesting additional information on any historic surface water flows directed to the site, to ensure they are accommodated into the post development design (See Exhibit "C" - Conditions of Approval). 3 Page 765 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 4 Access: The development has two points of ingress/ egress. The main vehicular point of access is located on East Martin Luther King Jr. Boulevard. The secondary point of access is located on NE 11th Avenue.These two points of access are connected by a two-way, 24-foot-wide, drive-isle to ensure safe, adequate and efficient vehicular circulation throughout the site. In addition, the project proposes pedestrian access by providing eight(8)on- street parking spaces along East Martin Luther King Jr. Boulevard. The on- street parking spaces are intended to provide retail users convenient and quick access to the first-floor retail spaces, as well as additional parking for the project. It is also intended to create a safer pedestrian environment by providing a physical barrier between the vehicular traffic and the sidewalk. The walkways around the building are a minimum of five (5)-foot wide and expand to 17 feet to provide access to the building entrances. Also, the building design includes a central urban plaza that improves pedestrian circulation and access to proposed commercial spaces. Parking: Off-street parking forthe MU-1 zoning district requires 1.5 parking spaces for studios and one-bedroom units, and two (2) parking spaces for two (2) or more bedroom units. The project proposes a total of 24 units (20 one- bedroom apartments and four (4) two-bedroom apartments), which would require 38 parking spaces. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, which adds another4 parking spaces to the total. The commercial spaces—which is intended for uses related to retail—requires one (1) parking space per 200 square feet of gross floor area,which computes to 43 additional parking spaces. Underthis standard methodology for calculating required off-street parking spaces, a grand total of 85 parking spaces would be required (See Exhibit "C" - Conditions of Approval). The applicant submitted a parking study that recommends a 15% parking reduction based on the parking rates suggested by four nationally recognized publications in the parking industry, the implementation of Transportation Demand Management (TDM) program, and the parking ratios provided by comparable projects—thus reducing the required amount of parking spaces to 72. The study indicates that the project's parking demand will be lowered by the inclusion of covered bicycle racks that can accommodate 12 bicycles, installation of a kiosk in the clubhouse to provide bus route and ride sharing information, and restricting tenants to a maximum of 2 vehicles per unit. Furthermore, the parking analysis compares the proposed parking ratio with similar Centennial projects located in South Florida (Pembroke Park and Miami-Dade); the projects include Pembroke Villas, Country Club Villas Phase II and Viscaya Villas. According to the analysis, the comparable projects have not experienced any parking issues, even though they provide less parking per bedroom in comparison to the Wells Landing North development. The site plan proposes a total of 85 parking spaces, 79 of which are off-street parking spaces and eight (8) on-street parking spaces. The parking spaces conform to the dimensional standards required for parking spaces within the CRA of 9 feet by 18 feet for 90-degree parking and 4 Page 766 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 5 8 feet by 22 feet for parallel spaces. Additionally, the residential, visitor, and commercial spaces will be clearly marked with signs or painted parking bumpers and monitored by management (See Exhibit "C" - Conditions of Approval). The parking lot will be located on the north side of the site and fully screened from view from East Martin Luther King Jr. Boulevard by the proposed building. It will also be effectively screened from view of adjacent properties with landscape buffers. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 67 trees including 61 canopy trees and 6 palm trees, 1,024 shrub specimens, and 974 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer,within landscape islands, and along the right-of-way.All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Pigeon Plum, Pink Trumpet Tree and Japanese Blueberry, including Single Alexander Palm Trees. The applicant has chosen Milkweed, Gold Mound Duranta and Dwarf Firebush as the project's butterfly attracting plant species. Projects proposed in the Mixed-Use 1 (MU-1) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the"Streetscape Design"concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities(benches/seatwalls, lighting, accent plantings). The proposed streetscape design for the project includes canopy street trees (High Rise Live Oak) — installed in planters and spaced 20 feet on center—and shrubs (Green Island Ficus) planted around the base of the trees. The streetscape has been designed with the street trees placed between the sidewalk and active area to provide a pleasant pedestrian pathway that is shaded to the maximum extent possible. Additionally, landscape buffers are provided along the west, north and east property lines. The buffers consist of Pigeon Plum trees spaced 20 feet on center, and shrubs (Podocarpus and Wax Jasmine). The buffer along the west and north property lines also incorporate a six (6)-foot tall decorative masonry wall. Lastly, foundation planting is proposed on the west side of the building consisting of 5 (five) closely spaced trees (Japanese Blueberry), and two hedges (Podocarpus and Milweed). Building and Site: The project site comprises of several undeveloped parcels — totaling 1.23 acres and abutting East Martin Luther King Jr. Boulevard to the south. One of the subject parcels is located on the north side of the site abuting NE 11th 5 Page 767 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 6 Avenue. This parcel will be part of the proposed parking lot and provide a secondary entrance to the project. The mixed-use building is proposed on the south side of the site. The second and third levels of the building will contain 20 one-bedroom apartments and four (4) two-bedroom apartments. Additionally, the apartments will contain a balcony that either faces south towards the street or north towards the parking lot. The first floor will include 8,530 square feet of commercial space — intended for retail uses. Also the first floor will contain a 2,090 square foot urban plaza intended for public events. The plaza also separates the 1St floor of the building into two separate areas, each containing four (4) commecial units. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 1 (MU-1) zoning district has a maximum allowable FAR of 2.5; the project propoes 0.62. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 24 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the MU-1 (Mixed Use 1) zoning district is 55 feet. The proposed building elevations depict the height of the mixed-use building just over 44 feet, which is 16 feet below the maximum allowable height. Setbacks: The MU-1 (Mixed Use 1) zoning district requires no building setbacks from the Martin Luther King Jr. Boulevard right-of-way, but rather a build-to line which accommodates for the required pedestrian zone. The pedestrian zone along East Martin Luther King Jr. Boulevard is required to have the following components: 1) a five (5)foot wide street tree area, measured from the back of the curb, 2) an eight (8) foot wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) a five (5) foot wide active area, measured from the edge of the sidewalk. The project proposes an expanded pedestrian area along this street at approximately 25.5 feet from the back of the curb. The building is setback approximately 10 feet from the east side property line, 52 feet from the west side property lines, and 68 feet from the rear(north) property line. The proposed setbacks conform to the MU-1 setback requirements. Amenities: As previously stated, project proposes an expanded pedestrain zone to accomadte activity activity along the right-or-way. The project also proposes a large covered urban plaza centrally located on the frontage creating an urban courtyard on the ground floor of the building. The plaza is accessible from both the pedestrian zone along East Martin Luther King Jr. Boulevard and the parking lot on the north side of the building. This feature is an extension of the required active area as it encourages a mixture of active uses along the exterior of the ground floor retail spaces and provides space for public events. Additionally, the pedestrian zone is designed with the required street trees planted between the sidewalk and active area to ensure 6 Page 768 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 7 proper shading. The area also includes several benches to encourage the use of the space. The project is located at walking distance to the newly renovated Sara Sims Park, which provides the following amenities: basketball courts, BBQ grills, fitness trail, horseshoe court, open play area, pavilions, racquetball court and restrooms. Also, the project is at a short walking distance to the Palm Tram bus stops near the corner of East Martin Luther King Jr. Boulevard and N. Seacrest Boulevard. Lastly, covered bike racks are provided on the north side of the site, near the building. Design: The intended architectural style for the project is Floribbean Style, which is an interpretation of Old Florida Style architecture. This architectural style helps to create a sense of identity for the East Martin Luther King Jr. Boulevard Overlay zone as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical facade articulation, and a combination of architectural features, materials and complementary colors. The facade of the commercial base of the building along East Martin Luther King Jr. includes an extensive use of vertically oriented vision glass windows and doors, as well as horizontal vinyl siding and concrete panels. The extensive use of glass at the base of the building is a key component of the building design as it provides a sufficient amount of transparency-fostering a welcoming environment. This area is shaded by architectural overhangs and `eyebrows' above the front and rear doors The upper portions of the building — second and third levels — include balconies with decorative railings and vertically oriented windows and sliding doors. The materials consist of smooth stucco, horizontal vinyl siding and concrete panels. The project will include a contemporary standing seam metal hip roof, which enhances the look of the building. Mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting Martin Luther King Jr. Boulevard steps back at the center to create a covered courtyard area that resembles a gazebo—an architectural element that defines the focal point.Also, the building frontage steps back several times to break the building mass and add architectural interest and variety to the building. Sustainability: Mixed use developments consisting of 21 dwelling units and up to 50 units must achieve a minimum of 20 sustainability points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star 2 -qualified. Minimum SEER 16. 7 Page 769 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 8 Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof- Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 2 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. Building Color— Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting — Provide energy efficient lighting such as LED 1 -lighting for building interiors for 100% of proposed lighting. Energy star appliances —All appliance with in a building are 2 100% energy star. Insulation - Provide increased insulation to achieve a 2 minimum R-19 in walls and R-38 in the ceiling. WATER CONSERVATION & MANAGEMENT Reuse Water- Utilization of reuse water for irrigation (if requested and approved by the Utilities Department to be 4 brought to the site). URBAN NATURE Tree Canopy— Provide canopy trees in an amount that 2 exceeds the minimum number of required trees by 10%. TRANSPORTATION Electric Charging Stations - Provide four (4) over the 2 required number of electric car charging stations. Total Points 21 Lighting: The photometric plans (Sheets (Sheets EPH-001 N & EPH-101 N) include 10 freestanding pole light fixtures, with pole height of 25 feet. It also includes 4 light fixtures mounted to the building walls. The City's Land Development Regulations requires limits the lighting levels to a maximum of 5.9 foot- candles. The Site Photometric Plan depicts lighting levels below the above- mentioned foot-candles limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit"C" — Conditions of Approval). Public Art: As a low-income housing project, this project is exempt from participating in the Art in Public Places Program. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 8 Page 770 of 1299 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 9 S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\Wells Landing North Staff Report NWSP 20-004.doc 9 Page 771 of 1299 Exhibit A WELLS LANDING LOCATION MAP } t == ME 11 th Ave LU 1`S Martin- LutherAing Jr BI�d t �1n " -- N E 9' h 14ve � fff, ts1f 0 25 50100 15 Elo-ilmomv-IM311,13H 0-11wo ------------ C? N oz o I > I 'I hL Z<� z :11 2 5 �Sl 5n; 10 0 GO Z� 81 S zo ------- ----- ------- [T�F- II F�g I/dli 1 7 ----------- El —01 0 ------- ----- ----- Leo <— -tt aw MOM IUas is,ao�aeau — .......................... E10311HOMV-IM311,13H 0-11wo ------------- C? 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L-------------------------------- ---- - I II � 0 ---- I ------------------------------------ I ---- -------------- ---------------- W k W� (W' LP `ccc rn NI � z ` a c� z w z z w s w z m � � azw o� wo N wz� F—I z x W I d a o w �x � (OIAO2IdwlNnl _ — — -- 't,Z Ob6 M lb,9d.LON V m},��� �Z 1 <F ,I 133ais- iSl 3N - m _ _— z z ,000SI M„bS,LO.ION wo / 0 > z ro / w F w / D m U F� 10 di 11-1 'l 10 .or � Q w ow � ,b0 09 L M„ g,Sb.ION 110I I, ii " o�> wl } I o ° �. x Naz Q J x� It Do CoQ .0ivdQJX3—_— — �J�� o o fA d o� o a, 0- a •• 1O� � ,ZZ N Obl M Ib 9A.lO ZZ � a- •moo o HY�0VHE)M ' oo rp n_z_ _ c) Uj 2 U Q §;. ag33 ~ o m ge (w 99 po C/7 W ❑ r� - o _ ❑ �nw a w N z c ❑ w w s cu mo p 0 0 u ❑ U a i l ❑ w a ❑ ll S1 ?5 r! n� _ _ COQ a� EXHIBIT "C" Conditions of Approval Project Name: Wells Landing North File number: NWSP 20-004 Reference: 4th review of plans identified as a New Site Plan with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The access on East Martin Luther King Jr. Blvd. is classified as an X intermediate driveway and must provide a minimum of 50 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. 2. The access on NE 11th Ave. is classified as a minor driveway and X must provide a minimum of 25 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. 3. Provide a five (5) wide sidewalk on NE 11th Avenue. X 4. Show that each ingress/egress is designed to accommodate a 25' X minimum radius. 5. The area of the unimproved right-of-way of NE 1St Street which is X proposed to be abandoned shall be graded, irrigated and sodded. 6. Any existing `historic' surface water flows, directed to the site, shall X be accommodated into the post development design. 7. Provide irrigation to landscape planters located within Martin X Luther King Jr. Blvd. 8. Developer is responsible for the replacement of existing FPL street X lighting adjacent to site with underground decorative street lighting to match City's standards. 9. Provide a proposed addressing plan. X 10. Provide landscape screening around the parking lot to prevent light X pollution from car headlights onto adjacent residences. 11. The existing 6-inch water main on East Martin Luther King Blvd. is X an Asbestos Cement pipe and shall be replaced with a 12-inch C-900 PVC pipe to the full length of the project property lines. The tapping sleeve of the new main will be located on the west side of Seacrest Blvd. Page 782 of 1299 Wells Landing North NWSP 20-004 Conditions of Approval Page 2 of 4 12. The proposed project will make any necessary improvements to X connect to the City's reclaimed water infrastructure. FIRE Comments: 13. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 14. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 15. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 24 units, the fee will be $14,280 (24 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 16. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment applications (ABAN 21-001 and ABAN 21-002) and the associated conditions of approval. 17. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 18. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. Page 783 of 1299 Wells Landing North NWSP 20-004 Conditions of Approval Page 3 of 4 19. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 20. Provide a detail of the proposed decorative 6' tall buffer wall to be X located within the landscape barrier along the east property line and ensure it is shown consistently on all plans. 21. provide a detail of the covered bike racks. Sheet with detail X provided in the south side project, but not the north. 22. Revise the landscape to show the landscape islands are fully X planted with shrub and ground cover materials. 23. Provide a letter of approval from the Palm Beach Country Traffic X Division stating that the project meets the Palm Beach County Traffic Performance Standards. 24. Provide an approval letter from the School District of Palm Beach X County confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units. 25. Revise parking calculations to reflect 85 required parking spaces X 26. Revise plans to note that residential, visitor, and commercial X spaces will be clearly marked with signs or painted parking bumpers and monitored by management. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. 27. Sidewalks, street lights, site amenities, commercial leasable X space, and trees for the project shall meet the requirements of Section 18.2.a) through k), Required Project Improvements, of the Purchase and Sale Agreement between the Boynton Beach CRA and Wells Landings Apartments, LLC. ADDITIONAL REPRESENTATION / COMMITMENTS 28. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the Page 784 of 1299 Wells Landing North NWSP 20-004 Conditions of Approval Page 4 of 4 applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\Exhibit C - COA Wells Landing NORTH NWSP 20-004.doc Page 785 of 1299 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wells Landing North (NWSP 20-004) APPLICANT: Elizabeth Roque, Wells Landing Apartments LLC APPLICANT'S ADDRESS: 7735 NW 146 Street Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. LOCATION OF PROPERTY: Northeast corner of NE 11th Avenue and NE 1St Street, extending south to Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit "A2" — Site Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\NWSP 20-004 DO.doc Page 786 of 1299 8.F. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Ordinance No. 20-040 - Second Reading - Request for abandonment of a portion of the unimproved 30 foot wide right-of-way of NE 1St Street running north and south from NE 11th Avenue south approximately 150 feet(ABAN 21-002) Proposed Ordinance No. 20-041 - Second Reading - Request for abandonment of a portion of an unimproved five (5)foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). Explanation of Request: The applicant, Elizabeth Roque with Wells Landing Apartments LLC, is requesting to abandon (ABAN 21- 002) a portion of the unimproved 30-foot wide right-of-way of NE 1St Street extending from NE 11th Avenue south 150 feet; and to abandon (ABAN 21-001) a portion of an unimproved five (5) foot wide alley from Seacrest Boulevard east approximately 436.5 feet (see Exhibit"A" —Location Map). The request for abandonment is concurrent with a New Site Plan Application (NW SP 20-004) and a Land Use Map Amendments and Rezoning Application (LUAR 20-004) for a proposed mixed-use project, Wells Landing North, which contains 24 dwelling units and 8,530 square feet of commercial space. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: The abandoned parcels will be added to the tax roll. Alternatives: None recommended Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 787 of 1299 ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of 30 ft ROW D Ordinance Ordinance approving abandonment of 5 ft Alleyway D Staff Report Staff Report D Location Map Exhibit A® General Location Map D Location Map Exhibit B ® Location Map ABAN 21-001 D Location Map Exhibit B ® Location Map ABAN 21-002 D Drawings Exhibit C ® Survey ABAN 21-001 D Drawings Exhibit C ® Survey ABAN 21-002 D Conditions of Approval Exhibit D ® Conditions of Approval Page 788 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF THE UNIMPROVED 30 FOOT WIDE RIGHT-OF-WAY OF NE 6 1sT STREET RUNNING NORTH AND SOUTH FROM NE 11TH 7 AVENUE SOUTH APPROXIMATELY 150 FEET; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH 9 SHALL BE RECORDED WITH THIS ORDINANCE IN THE 10 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of the unimproved 30 14 foot wide right-of-way of NE lst Street running north and south from NE 11th Avenue south 15 approximately 150 feet; and 16 17 WHEREAS,staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a 26 public purpose other than retention of a utility easement, if warranted and therefore 27 recommends approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of the unimproved 30 foot wide right-of-way of NE lst Street 37 running north and south from NE 11th Avenue south approximately 150 feet. The property 38 being abandoned is more particularly described as follows: 39 40 THAT PORTION OF THE ROAD RIGHT OF WAY FOR N.E. IST STREET (THIRD 41 STREET AS LABELED ON PLAT) AS SHOWN ON THE PLAT OF MEEKS AND 42 ANDREWS ADDITION TO BOYNTON,ACCORDING TO THE PLAT THEREOF AS 43 RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH 44 COUNTY, FLORIDA, BOUNDED AS FOLLOWS: 45 ON THE NORTH BY THE WESTERLY PROJECTION OF THE NORTH LINE OF 46 LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft RO".docx Page 789 of 1299 47 BOYNTON; ON THE EAST BY THE WESTERLY LINE AND SOUTHERLY 48 EXTENSION OF SAID WESTERLY LINE OF LOT 10, BLOCK 3 OF SAID MEEKS 49 AND ANDREWS ADDITION TO BOYNTON; ON THE SOUTH BY THE 50 SOUTHERLY LINE OF THE PLAT OF SAID MEEKS AND ANDREWS ADDITION 51 TO BOYNTON;AND ON THE WEST BY THE EAST LINE AND THE SOUTHERLY 52 EXTENSION OF THE EAST LINE OF LOT 1, MEEKS ADDITION TO BOYNTON, 53 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54 54,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 55 CONTAINING 4,650 SQUARE FEET MORE OR LESS. 56 57 58 Section 3. The City Manager is hereby authorized and directed to execute the 59 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 60 of Palm Beach County, Florida. 61 62 Section 4. This Ordinance shall take effect immediately upon passage. 63 64 FIRST READING this day of_November, 2020. 65 66 SECOND, FINAL READING AND PASSAGE THIS day of , 2020. 67 68 CITY OF BOYNTON BEACH, FLORIDA 69 70 YES NO 71 Mayor— Steven B. Grant 72 73 Vice Mayor—Ty Penserga 74 75 Commissioner—Justin Katz 76 77 Commissioner—Woodrow L. Hay 78 79 Commissioner— Christina L. Romelus 80 81 VOTE 82 ATTEST: 83 84 85 Crystal Gibson, MMC 86 City Clerk 87 88 89 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft RO".docx Page 790 of 1299 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the unimproved 30 foot wide right-of-way of NE lst Street running north and south from NE 11th Avenue south approximately 150 feet. The property being abandoned is more particularly described as follows: THAT PORTION OF THE ROAD RIGHT OF WAY FOR N.E. 1 ST STREET(THIRD STREET AS LABELED ON PLAT) AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERLY PROJECTION OF THE NORTH LINE OF LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERLY LINE AND SOUTHERLY EXTENSION OF SAID WESTERLY LINE OF LOT 10, BLOCK 3 OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON;AND ON THE WEST BY THE EAST LINE AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 1, MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9,PAGE 54,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 4,650 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of November, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft RO".docx Page 791 of 1299 and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft ROW).docx Page 792 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF AN UNIMPROVED FIVE (5) FOOT WIDE ALLEY RUNNING 6 EAST TO WEST FROM SEACREST BOULEVARD EAST TO 7 APPROXIMATELY 436.5 FEET; AUTHORIZING THE CITY 8 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of an unimproved five 14 (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 15 feet; and 16 17 WHEREAS, staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject alleyway no longer serves a public 26 purpose and therefore recommends approval of the request, subject to the accompanying 27 conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of an unimproved five (5) foot wide alley running east to west from 37 Seacrest Boulevard east to approximately 436.5 feet. The property being abandoned is more 38 particularly described as follows: 39 40 THAT PORTION OF THE 5 FOOT RESERVED AREA(ALLEY)AS SHOWN ON THE 41 PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT 42 THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF 43 PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: 44 ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 1 THROUGH 9,INCLUSIVE 45 OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE 46 WESTERLY RIGHT OF WAY LINE FOR N.E. IST STREET (THIRD STREET AS {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 793 of 1299 47 LABELED ON PLAT), AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS 48 ADDITION TO BOYNTON,ACCORDING TO THE PLAT THEREOF AS RECORDED 49 IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, 50 FLORIDA; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS 51 ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9,PAGE 54;AND 52 ON THE WEST BY THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD 53 AS NOW LAID OUT AND IN USE, ALL BEING IN THE PUBLIC RECORDS OF 54 PALM BEACH COUNTY, FLORIDA. 55 CONTAINING 2,183 SQUARE FEET MORE OR LESS. 56 Section 3. The City Manager is hereby authorized and directed to execute the 57 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 58 of Palm Beach County, Florida. 59 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 FIRST READING this day of_November, 2020. 63 64 SECOND, FINAL READING AND PASSAGE THIS day of , 2020. 65 66 CITY OF BOYNTON BEACH, FLORIDA 67 68 YES NO 69 Mayor— Steven B. Grant 70 71 Vice Mayor— Ty Penserga 72 73 Commissioner—Justin Katz 74 75 Commissioner—Woodrow L. Hay 76 77 Commissioner—Christina L. Romelus 78 79 VOTE 80 ATTEST: 81 82 83 Crystal Gibson, MMC 84 City Clerk 85 86 87 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 794 of 1299 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet. The property being abandoned is more particularly described as follows: THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 1 THROUGH 9, INCLUSIVE OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE FOR N.E. IST STREET (THIRD STREET AS LABELED ON PLAT), AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54; AND ON THE WEST BY THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD AS NOW LAID OUT AND IN USE, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 2,183 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of November, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 795 of 1299 BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 796 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-001 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: October 16, 2020 SUBJECT: Request for abandonment of a portion of the unimproved 30 foot wide right- of-way of NE 1St Street running north and south from NE 11th Avenue south approximately 150 feet(ABAN 21-002); and a request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). BACKGROUND The applicant, Elizabeth Roque with Wells Landing LLC is requesting to abandon (ABAN 21-002)a portion of the unimproved 30-foot wide right-of-way of NE 1St Street extending from NE 11th Avenue south 150 feet; and to abandon (ABAN 21-001) a portion of an unimproved five (5) foot wide alley from Seacrest Boulevard east approximately 436.5 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-004) and a Land Use Map Amendments and Rezoning Application (LUAR 20-004) for a proposed mixed-use project, Wells Landing North, which contains 24 dwelling units and 8,530 square feet of commercial space. This abandonment is for the following two street segments: ABAN 21-001 THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 1 THROUGH 9,INCLUSIVE OF SAID PLAT OF MEEKS ADDITION TO BOYNTON;ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE FOR N.E. 1 ST STREET(THIRD STREET AS LABELED ON PLAT),AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54;AND ON THE WEST BY THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD AS NOW LAID OUTAND IN USE, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. CONTAINING 2,183 SQUARE FEET MORE OR LESS; AND ABAN 21-002 THAT PORTION OF THE ROAD RIGHT OF WAY FOR N.E. 1ST STREET (THIRD STREET AS LABELED ON PLAT) AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERLY PROJECTION OF THE NORTH LINE OF LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERLY LINE AND SOUTHERLY EXTENSION OF SAID WESTERLY LINE OF LOT 10,BLOCK 3 OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE SOUTH BY THE Page 797 of 1299 Page 2 Memorandum No. PZ 21-001 ABAN 21-001 &ABAN 21-002 SOUTHERLY LINE OF THE PLAT OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON; AND ON THE WEST BY THE EAST LINE AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 1, MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 4,650 SQUARE FEET MORE OR LESS. The location maps attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit"B"- "Proposed Abandonment" shows the location of the subject property and Exhibit "C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject requests. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: ABAN 20-001 North: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of MU-1 (Mixed Use 1) and; single family and duplex residences with a Future Land Use classification of Medium Density Residential and a Zoning designation of R-2 (Duplex). South: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of MU-1 (Mixed Use 1) and; developed and undeveloped commercial property with a Future Land Use classification of Local Retail Commercial and a Zoning designation of C-2 (Neighborhood Commercial). East: The continuation of the right-of-way for the alley,then farther the right-of-way for NE 2nd Street. West: Right-of-way for Seacrest Boulevard, then farther west single family and duplex residences with a Future Land Use classification of Medium Density Residential and a Zoning designation of R-2 (Duplex). ABAN 20-002 North: Right-of-way for NE 11th Avenue, then farther north the continuations of the right-of-way for NE 1St Street. South: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of MU-1 (Mixed Use 1) and; undeveloped commercial property with a Future Land Use classification of Local Retail Commercial and a Zoning designation of C-2 (Neighborhood Commercial). East: Developed commercial property, currently a church,with a Future Land Use classification of Medium Density Residential and a Zoning designation of R-2 (Duplex). West: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of Page 798 of 1299 Page 3 Memorandum No. PZ 21-001 ABAN 21-001 &ABAN 21-002 MU-1 (Mixed Use 1). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection, with the requirement of 12 foot wide easement over existing drainage infrastructure on NE 1St Street (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. Relocation of utilities will be necessary they will be at the developer's cost (see Exhibit D). AT&T No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost (see Exhibit D). Florida Public Utilities No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost (see Exhibit D). Comcast No objection. Windstream No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost (see Exhibit D). RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject right-of-way segment no longer serves a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North Abandonment-ABAN 21-001 ABAN 21- 002\_StaffReport\_Staff Report ABAN 21-001 ABAN 21-002.doc Page 799 of 1299 Exhibit A WELLS LANDING ABANDONMENTS 4 t s V/ �3 i k t a m ABAN 21-001 t t- Martin Luther'King Jr Blvd .ti t� NE 9th t ; 0 35 70 0„ 142r)r) 21 Exhibit B WELLS LANDING ABANDONMENT ABAN 21 -001 S. the r Z NE 11 th we Aql �8 Martin Luther King ,!r Blvd tis,, a S`i3 l 0 20 40 80 12 Exhibit B WELLS LANDING ABANDONMENT ABAN 21 -002 j , , f- a 4a — i hti' � s# i i i '11 Martin Luther ing Kr Blued 0 1530 60 90F44199 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET I OF I J ~Z MEEKS ADDITION TO BOYNTON Q (LOTS 1-8 AAD A PORTION OF LOT 9) (n h (PLAT BOOK 9, PAGE 54) 5'RESERVED AREA I� N89°59'54"W. (ALLEY)PLAT BOOK 9, SOUTH LINE PLAT PAGE 54 d m 0 BOOK 9, PAGE 54 436.60' o W Q z� 436.55' Q N89°59'54 BLOCK 1, FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) W J U Z DESCRIPTION- SURVEYOR'S NOTESfLEGEND.• THAT PORTION OF THE 5 FOOT RESERVED AREA THIS IS NOT A SURVEY (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE = CENTERLINE PLA T THEREOF AS RECORDED IN PLA T BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH THE SOUTH LINE OF PLA T COUNTY, FLORIDA, BOUNDED AS FOLLOWS: BOOK 9, PAGE 54 IS ASSUMED TO BEARS N.89°5954"W. ON THE NORTH BY THE SOU THERL Y LINE OF LOTS 1 THROUGH 9, INCLUSIVE OF SAID PLA T OF MEEKS ADDITION TO BOYNTON,• ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE FOR N.E. IST STREET (THIRD STREET AS LABELED ON PLA T), AS SHOWN ON THE PLA T OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ON THE SOUTH BY THE SOU THERL Y LINE OF THE PLA T OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLA T BOOK 9, PAGE 54, AND ON THE WEST BY THE EAST PAUL D. ENGLE RIGHT OF WAY LINE OF SEA CREST BOULEVARD SURVEYOR & MAPPER NO. 5708 AS NOW LAID OUT AND IN USE, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DATE. OCTOBER 7, 2020 CONTAINING 2,183 SQUARE FEET MORE OR O'BRIEN, SUI TER do O'BRIEN, INC. LESS. CER TIFICA TE OF AUTHORIZA TION#LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N.W. 17TH A VENUE, SUITE K-1 ORDER NO. 19-60"5' ALLEY R/W ABANDONMENT" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 age 8U3 ot 1299 XSDramngsIGENERALCADDIGxdl5'ALLEYABANDONMENT--10/07/2020--02.03PM-- Scale1:240.0000 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET I OF I _ N.E. 11TH AVENUE _ DESCRIPTION.• 400, THA T PORTION OF THE ROAD RIGHT OF WA Y N.89'f954"W. FOR N.E. 1ST STREET (THIRD STREET AS NORTH LINE LABELED ON PLA T) AS SHOWN ON THE PLA T OF LOT 10, MEEKS AND ANDREWS ADDITION TO BOYNTON, BLOCK 3 ACCORDING TO THE PLAT THEREOF AS N 15.0' 15.0' RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC li I RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERL Y PROJECTION OF THE NORTH LINE OF LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERL Y o LINE AND SOUTHERL Y EXTENSION OF SAID WESTERLY LINE OF L 0 T 10, BLOCK 3 OF SAID io MEEKS AND ANDREWS ADDITION TO BOYNTON,• ON THE SOUTH BY THE SOUTHERL Y LINE OF THE PLA T OF SAID MEEKS AND ANDREWS o i p O ADDITION TO BO YNTON,• AND ON THE WEST BY w Z THE EAST LINE AND THE SOUTHERL Y Z ow EXTENSION OF THE EAST LINE OF LOT 1 O z' U)O MEEKS ADDITION TO BOYNTON, ACCORDING TO Z W m THE PLA T THEREOF AS RECORDED IN PLA T X CO AY I o BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM W m O Qo O BEACH COUNTY, FLORIDA. � O°� O o LESS. 4,650 SQUARE FEET MORE OR OOti �o `moi`- Jp m o W o SURVEYOR'S W MT ILEGEND.- Q �I w ~O THIS IS NOT A SURVEY i J Q = CENTERLINE THE WEST LINE OF L 0 T 1 (PLAT BOOK 9, PAGE 54) IS ASSUMED TO BEARS N.1007'54"W. i i SOUTH LINE OF 1501 150, LOT 10, BLOCK 3 PAUL D. ENGLE i SURVEYOR & MAPPER N0. 5708 5'RESERVED AREA 5'RESERVED AREA (ALLEY)PLAT BOOK 9, I (ALLEY)PLAT BOOK 5, PAGE 54 PAGE 84 DATE. OCTOBER 7, 2020 O'BRIEN, SUITER do O'BRIEN, INC. N89° 9'54"w. CER TIFICA TE OF AUTHORIZA TION#LB353 30.00 L,01 TH LAE OF SURVEYOR AND MAPPER IN RESPONSIBLE BLOCK 1, FRANK WEBBER ADD. PLAT BOOK 5, CHARGE. PAUL D. ENGLE (PLAT BOOK 9,PAGE 3) PAGE 84 955 N.W. 17TH A VENUE, SUITE K-1 DELRORDER NO. 19-60'NE. 1ST R/W ABANDONMENT" (561) 2 BEACH FLORIDA 2-J2 (561) 276-4501 (561) 732-3279 age bU4 Ot 129 X-IDraw4ngsIGENERALCADDIGxcANE1STSTREETABANDONMENT--10/07/2020--02.02PM-- Sc21e 1:240.0000 EXHIBIT "D" Conditions of Approval Project Name: Wells Landing North File number: ABAN 21-001 &ABAN 21-002 Reference: 1St review of plans identified as an Abandonment 21-0001 and Abandonment 21-002 with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The City requires a twelve-foot-wide utility easement centered on X the existing stormwater pipe within right-of-way of NE 1St Street. PLANNING &ZONING Comments: None. UTILITY COMPANIES Comments: 2. If any utility companies that which have not responded to the X request for abandonment as of the date of this report require an easement and/or relocation of utilities the developer will be responsible for the associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION / COMMITMENTS 3. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North Abandonment-ABAN 21-001 ABAN 21-002\_StaffReport\Exhibit D-COA ABAN 21-001 and ABAN 21-002.doc Page 805 of 1299 8.G. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Approve Wells Landing South (NW SP 20-005) New Site Plan for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC (Tabled from the November 4, 2020 Commission meeting.) Explanation of Request: The Wells Landing South development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the Boynton Beach Community Redevelopment Plan. The project area totals 2.69 acres in size and is composed of several undeveloped parcels. The project proposes two (2), four (4)-story multi-family residential buildings—a building on the north side of the site consisting of 1-3 bedroom apartments, and a building on the west side consisting of 1-3 bedroom apartments, leasing office, fitness center and trash room. The majority of the apartment units include a balcony, patio or front. The ground floor apartment units facing East Martin Luther King Jr. Boulevard will have covered front porches in order to meet the active area requirement of the Land Development Regulations and to allow the residential use to "engage" with the street. This application is being processed concurrently and in conjunction with the Wells Landing North site plan application, representing the other portion of this mixed-use development consisting of a three (3)-story with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on 1.23-acre site. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional units will contribute to the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area within the CRA, and therefore furthers Strategic Plan Project 2.5 which is implementation of the Boynton Beach Community Redevelopment Plan. CLIMATE ACTION APPLICATION: N/A Page 806 of 1299 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 807 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-027 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Luis Bencosme, Planner II DATE: October 13, 2020 PROJECT NAME: Wells Landing (NWSP 20-004) REQUEST: Approval of a New Site Plan Application for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments, LLC Applicant: Elizabeth Roque, Wells Landing Apartments, LLC Agent: Brian Herbert, Gallo Herbert Architects Location: North of NE 9th Avenue, south of E. Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit "A"— Site Location Map) Existing Land Use: Mixed-Use Medium (MXM) Proposed Land Use: Mixed-Use Medium (MXM) Existing Zoning: MU-2 (Mixed Use 2) Proposed Zoning: MU-2 (Mixed Use 2) Proposed Use: Multi-family residential development with 100 affordable housing dwelling units, and associated parking and related site improvements. Acreage: 2.69 acres Page 808 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 2 Adjacent Uses: North: Developed outparcel classified Mixed Use Medium (MXM) and zoned MU-2 (Mixed Use 2); further north the right-of-way for East Martin Luther King Jr. Boulevard and undeveloped commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial). South: Right-of-way for NE 91h Avenue; further south developed property classified Public& Private Governmental/Institutional (PPGI)and zoned Public Usage (PU). East: Developed residential properties classified Medium Density Residential (MEDR) and zoned R2 (Duplex). West: Developed commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Wells Landing South mixed-use development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 2.69 acres in size and is composed of several undeveloped parcels. The applicant is requesting approval of a New Major Site Plan (NWSP 20- 005) application for the construction of two (2), four-story buildings consisting of 100 affordable dwelling units comprised of a mix of one, two, and three-bedroom apartments, associated site improvements, and amenities. The parking lot will be located on the southern portion of the site, one building will be located along East Martin Luther King Jr. Boulevard, and one building perpendicular to East Martin Luther King Jr. Boulevard. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of 2 Page 809 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 3 Approval). The traffic study provided indicates that this project is expected to generate 544 net daily trips, 36 net a.m. peak hour trips and 44 net p.m. peak hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The City's water capacity would meet the projected potable water demand for this project. The applicant has agreed to provide two independent sources of water and looped portable water main. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, reclaimed water is available. The applicant has agreed to make any necessary improvements to connect and use this resource for irrigation purposes (See Exhibit"C"-Conditions of Approval). The applicant has also agreed to make several upgrades to utility lines in the vicinity of the project as part of the site development, and will remove, cap and plug the sewer laterals that are currently not in service (See Exhibit "C" - Conditions of Approval). Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. The Engineering Department is requesting additional information on any historic surface water flows directed to the site, to ensure they are accommodated into the post development design (See Exhibit "C" - Conditions of Approval). Access: The development has one point of ingress/egress located on NE 91h Street. The entry drive leads to the project's parking lot located on the south side of the site, which has a two-way access isle that is of sufficient width to ensure safe, adequate and efficient vehicular circulation. The project also proposes an open play area composed of stabilized subgrade on the southeast side of the site. This area includes a 20-foot wide entry drive composed of stabilized surface material, which will be used strictly by emergency response vehicles during emergency situations. In addition, the project proposes 28 on-street parking spaces along East 3 Page 810 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 4 Martin Luther King Jr. Boulevard and NE 91h Avenue. The on-street parking spaces are intended to provide residents convenient and quick access to the buildings, as well as additional parking for the project. It is also intended to create a safer pedestrian environment by providing a physical barrier between the vehicular traffic and sidewalk. The proposed sidewalk is a minimum of eight (8) feet in width measured from the back of the curb to the center of the street trees located in the required five (5)-foot wide street tree area. The street tree area includes canopy trees to shelter pedestrians from the elements. The sidewalk along NE 9th Avenue is at least seven (7) feet wide and shielded from street vehicular traffic by on-street parallel parking. Additionally, the project proposes clearly marked walkways. The parking lot is traversed by a walkway with appropriate markings to provide a safe route from the NE 91h Avenue sidewalk to the building located on the north side of the site. Walkways are also proposed around the building to provide access to the entrances of both buildings. Parking: Off-street parking forthe MU-2 zoning district requires 1.5 parking spaces for studios and one-bedroom units, and two (2) parking spaces for two (2) or more bedroom units. The project proposes a total of one 100 units (4 one- bedroom apartments, 72 two-bedroom apartments and 24 three-bedroom apartments),which would require 198 parking spaces.Additionally,the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 15 parking spaces to the total. Under this standard methodology for calculating required off-street parking spaces, a grand total of 213 parking spaces would be required (See Exhibit "C" - Conditions of Approval). The applicant submitted a parking study that recommends a 22% parking reduction based on the parking rates suggested by four nationally recognized publications in the parking industry, the implementation of Transportation Demand Management (TDM) program, and the parking ratios provided by comparable projects—thus reducing the required amount of parking spaces to 166. The study indicates that the project's parking demand will be lowered by the inclusion of covered bicycle racks that can accommodate 12 bicycles, installation of a kiosk in the clubhouse to provide bus route and ride sharing information, and restricting tenants to a maximum of 2 vehicles per unit. Furthermore, the parking analysis compares the proposed parking ratio with similar Centennial projects located in South Florida (Pembroke Park and Miami-Dade); the projects include Pembroke Villas, Country Club Villas Phase II and Viscaya Villas. According to the analysis, the comparable projects have not experienced any parking issues, even though they provide less parking per bedroom in comparison to the Wells Landing North development. The site plan proposes 145 off-street parking spaces and 28 on-street parking spaces. The parking spaces conform to the dimensional standards required for parking spaces within the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. 4 Page 811 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 5 The parking lot will be located on the south side of the project site and fully screened from view of the East Martin Luther King Jr. Boulevard right-of-way by the proposed buildings. It will also be effectively screened from view of adjacent properties and NE 91h Avenue right-of-way with appropriate landscape buffers and landscape strip. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 142 trees — including 90 canopy trees, 3 small, multi-trunk trees and 49 palm trees — 1,024 shrub specimens, and 974 small shrubs/groundcover plants. The plant material is proposed around the site perimeter, around the building base, within the parking lot landscape islands and street tree area. Additionally, all plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low"or"medium"watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Pigeon Plum, Pink Trumpet, Japanese Fern, Silver Buttonwood, Spanish Stopper, Jacaranda Tree, Japanese Privet, Royal Palm, Single Alexander Palm and Double Montgomery Palms. The applicant has chosen Milkweed, Anderson Crepe Hibiscus, Dwarf Firebush and Dwarf Pentas as the project's butterfly attracting plant species. Projects proposed in the Mixed Use 2 (MU-2) district are subject to the "Streetscape Design"portion of the landscape code regulations.These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience.This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The proposed streetscape design for the project includes canopy street trees (Live Oak"High Rise")—planted inside five (5)feet by five (5)feet tree pits— and three (3) Royal Palms located in front of the leasing office and fitness center. Additionally, the streetscape design includes shrubs (Green Island Ficus) around the base of the street trees—which shall be substituted with flexi-pave (See Exhibit"C"-Conditions of Approval)—and ten (10) benches. The streetscape has been designed with the street trees placed between the sidewalk and active area to provide a pleasant pedestrian pathway that is shaded to the maximum extent possible. The Landscape Plan (L2) depicts landscape buffers along the west and east property lines. The landscape buffer along the east property line is comprised of a six(6)-foot tall decorative wall and a variety of trees (Gumbo Limbo, Pigeon Plum, Pink Trumpet Tree and Single Alexander Palms) and shrubs (Podocarpus, Red Tip Copcoplum and Variegated Schefflera). The landscape buffer along the west side consists of trees (Pigeon Plum) and hedge (Podocarpus). Lastly, the proposed landscape strip along the NE 91h Avenue right-of-way includes canopy trees (Live Oak "High Rise") and a hedge (Podocarpus). 5 Page 812 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 6 Building and Site: The project site is comprise of primarily undeveloped parcels—totaling 2.69 acres in size and abutting East Martin Luther King Jr. Boulevard to the north and NE 91h Avenenue to the south. One of the subject parcels is deleloped with a two-family residential building. Additionally, the site surrounds a developed outparcel that currently has a convenience store (MLK Quick Stop) that is not incuded in this project. The project proposes two (2), four(4)-story multi-family residential buildings — a building on the north side of the site consisting of 1-3 bedroom apartments, and a building on the west side consisting of 1-3 bedroom apartments, leasing office, fitness center and trash room. The majority of the apartment units include a balcony, patio or front. The ground floor apartment units facing East Martin Luther King Jr. Boulevard will have covered front porches in order to meet the active area requirement and allow the residential use to engage with the street.. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 2 (MU-2) zoning district has a maximum allowable FAR of 3.0; the project propoes 1.03. The District also has a maximum allowable density of 40 dwelling units per acre — limiting the project to 107 units. The project proposes 100 units. Building Height: The maximum building height allowed in the MU-1 (Mixed Use 1) zoning district is 55 feet. The building elevations depict a proposed building height of 51 feet, 1 inch. Setbacks: The MU-2 (Mixed Use 2) zoning district requires no building setbacks from the Martin Luther King Jr. Boulevard right-of-way, but rather a build-to line which accommodates for the required pedestrian zone. The pedestrian zone along East Martin Luther King Jr. Boulevard is required to have the following components: 1) a five (5)foot wide street tree area, measured from the back of the curb, 2) an eight (8) foot wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) a five (5) foot wide active area, measured from the edge of the sidewalk. The project proposes an expanded pedestrian area along this street at approximately 25.5 feet from the back of the curb. The project proposes two multi-family buildings. The building on the north side of the site is setback approximately 15.75 feet from the east side property line and 13.75 feet from the west side property line. Furthermore, the second building proposed on the west side of the site is setback approximately 17.5 feet from the west side property line and 13.5 feet from the east side property line. Amenities: As previously stated, the project proposes an expanded pedestrain zone to accomadte activity along the right-or-way.Also, the pathway along the south side of the building mirrors the pedestrian zone along East Martin Luther 6 Page 813 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 7 King Jr. Boulevard. The project amenities include a large open play outdoor area (3,500 square feet) for residents to enjoy the outdoors and engage in physical activities. This area will include a driveway composed of stabilized subgrade, which will be limited to fire trucks and blocked by mountable curbs.Additionally, the building located on the west side of the site will include a fitness center, which has been strategically located next to the leasing office and adjacent to the Martin Luther King Jr. Boulevard pedestrian area. The project is located at walking distance to the newly renovated Sara Sims Park, which provides the following amenities: basketball courts, BBQ grills, fitness trail, horseshoe court, open play area, pavilions, racquetball court and restrooms.Also, the project is at walking distance to the Palm Tram bus stops located near the corner of East Martin Luther King Jr. Boulevard and N. Seacrest Boulevard. Lastly, covered bike racks are provided on the north side of the site, near the building. Design: The intended architectural style for the project is Floribbean Style, which is an interpretation of Old Florida Style architecture. This architectural style helps to create a sense of identity for the East Martin Luther King Jr. Boulevard Overlay zone as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical facade articulation, and a combination of architectural features, materials and complementary colors. The building facing Martin E. Luther King Jr. Boulevard features a strong building base (first level) that include covered front porches and patios — consisting of decorative railings and supporting columns. The facade materials include horizontal vinyl siding, concrete panels and smooth stucco. The second building located on the west side of the site has similar facade design features (balconies with decorative railings), materials (horizontal vinyl siding, smooth stucco and concrete panels) and light pastel colors Spare White, Bluebell, Topiary Tint, Pineapple Cream and Greek Vanilla). The facade of the fitness center/ leasing office fronting East Martin Luther King Jr. Boulevard includes concrete panels, vertically oriented vision glass doors and side panels, as well as eyebrows above the front and side entrance doors. The upper portions of the building—second, third and fourth levels—include balconies with decorative railings and vertically oriented windows and sliding doors. The project also proposes an articulated roof line consisting of standing seam metal hip roofs; flat roofs decorated with metal work; and towers that rise higher than the rest of the building. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The front porches and balconies protrude from the building 7 Page 814 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 8 mass, which break the building mass and add architectural interest and variety to the building design. Additionally, the facades are softened by foundation planting. Sustainability: Mixed use developments consisting of 21 dwelling units and up to 50 units must achieve a minimum of 20 sustainability points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star 2 -qualified. Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof- Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 2 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. Building Color— Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting — Provide energy efficient lighting such as LED 1 lighting for building interiors for 100% of proposed lighting. Energy star appliances —All appliance with in a building are 2 100% energy star. Insulation - Provide increased insulation to achieve a 2 minimum R-19 in walls and R-38 in the ceiling. WATER CONSERVATION & MANAGEMENT Reuse Water- Utilization of reuse water for irrigation (if requested and approved by the Utilities Department to be 4 brought to the site). URBAN NATURE Tree Canopy— Provide canopy trees in an amount that 2 exceeds the minimum number of required trees by 10%. TRANSPORTATION Electric Charging Stations - Provide four (4) over the 2 -required number of electric car charging stations. Total Points 21 Lighting: The photometric plans (Sheets EPH-001S & EPH-101S) include 15 freestanding pole light fixtures, with pole height of 25 feet. It also includes 8 light fixtures mounted to the building walls. The City's Land Development Regulations requires limits the lighting levels to a maximum of 5.9 foot- candles. The Site Photometric Plan depicts lighting levels below the above- mentioned foot-candles limit. 8 Page 815 of 1299 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 9 Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit"C" — Conditions of Approval). Public Art: As a low-income housing project, this project is exempt from participating in the Art in Public Places Program. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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C7 a rn W rn N z � w z 0 -- w z 0 a C7 00 k Oo'00 M Ll,9Z.l ,00 SS M„Ll9Z.lON �� `Vr� r o 0 89'05 MZ49l loN 0 i' 1 � — 133tl 5 15 3N �9C OL M,SZ 9Z.lON ' 13 46 Mm <d �[[[lll, o zl / •� z z 1� CO3 r ♦ ¢- 41 '�/I ` �r z m la f ( \ I J`�pf33 oo z E yy z " F � o Z OO OZL M90 Z£.10 y— Ek ' i I w 1 0 i; A w 0 0 _ 9�d� � � �►a EXHIBIT "C" Conditions of Approval Project Name: Wells Landing South File number: NWSP 20-005 Reference: 4th review of plans identified as a New Site Plan with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The access on the western lot is classified as an minor driveway X and must provide a minimum of 25 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. 2. Remove and replace the five-foot-wide sidewalk on NE 91h Avenue X for the length of the site. 3. Show that each ingress/egress is designed to accommodate a 25' X minimum radius. 4. Any existing `historic' surface water flows, directed to the site, shall X be accommodated into the post development design. 5. Along East Martin Luther King Jr. Blvd, remove the valley gutter X curb and replace with a type D curb. 6. Repair and/or replace the five-foot-wide sidewalk along East Martin X Luther King Jr. Blvd. 7. Provide irrigation to landscape planters located within East Martin X Luther King Jr. Blvd. 8. Developer is responsible for the replacement of existing FPL street X lighting adjacent to site with underground decorative street lighting to match City's standards. 9. Provide a proposed addressing plan. X 10. Provide landscape screening around the parking lot to prevent light X pollution from car headlights onto adjacent residences. 11. The existing 6-inch water main on East Martin Luther King Blvd. is X an Asbestos Cement pipe and shall be replaced with a 12-inch C-900 PVC pipe to the full length of the project property lines. The tapping sleeve of the new main will be located on the west side of Seacrest Blvd. 12. The proposed project will make any necessary improvements to X connect to the City's reclaimed water infrastructure. Page 831 of 1299 Wells Landing South NWSP 20-005 Conditions of Approval Page 2 of 4 FIRE Comments: 13. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 14. Provide a detail of the turn-around purposed at the dead-end X parking area located on the south west corner of the site. 15. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 16. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 100 units, the fee will be $59,500 (100 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 17. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment applications (ABAN 21-001 and ABAN 21-002) and the associated conditions of approval. 18. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 19. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. Page 832 of 1299 Wells Landing South NWSP 20-005 Conditions of Approval Page 3 of 4 20. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 21. Provide a detail of the covered bike racks. Sheet with detail X provided in the south side project, but not the north. 22. Revise the landscape to show the landscape islands are fully X planted with shrub and ground cover materials. 23. Provide a letter of approval from the Palm Beach Country Traffic X Division stating that the project meets the Palm Beach County Traffic Performance Standards. 24. Provide an approval letter from the School District of Palm Beach X County confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units. 25. Revise plans to note that residential, visitor, and commercial X spaces will be clearly marked with signs or painted parking bumpers and monitored by management. 26. The landscape buffer between the project and neighboring X residential shall be a minimum of 12 feet in width and densely planted 27. Revise the Landscape Plans to depict the proposed 6 foot tall X buffer wall. 28. Revise Landscape Plans to clearly indicate that the plantings X around the buildings have groupings of palms or individual canopy trees a minimum of 50% the height of the structure. 29. Revise plans to demonstrate that the lighting levels at the side X property lines do not exceed 0.3 foot-candles. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. 30. Sidewalks, street lights, site amenities, commercial leasable X space, and trees for the project shall meet the requirements of Section 18.2.a) through k), Required Project Improvements, of the Page 833 of 1299 Wells Landing South NWSP 20-005 Conditions of Approval Page 4 of 4 Purchase and Sale Agreement between the Boynton Beach CRA and Wells Landings Apartments, LLC. ADDITIONAL REPRESENTATION / COMMITMENTS 31. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing South NWSP 20-005\_StaffReport\Exhibit C - COA Wells Landing South NWSP 20-005.doc Page 834 of 1299 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wells Landing South (NWSP 20-005) APPLICANT: Elizabeth Roque, Wells Landing Apartments LLC APPLICANT'S ADDRESS: 7735 NW 146 Street Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a multi-family residential development consisting of two (2), four-story buildings with 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. LOCATION OF PROPERTY: North of NE 9th Avenue, south of E. Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing South NWSP 20-005\NWSP 20-005 DO.doc Page 835 of 1299 8.H. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Ordinance No. 20-042 - Second Reading -Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. Explanation of Request: Based on Florida Statute 553.73 4(a), the state legislature has enabled the ability of local jurisdiction, subject to certain limitations, to adopt amendments to the administrative provisions of the Florida Building Code (Chapter 1). Such "local" amendments may be more stringent than the minimum standards described by Florida Statutes, and are to be transmitted to the State within thirty (30) days after being enacted. The local amendments typically address local issues and conditions that are unique and distinctive to each jurisdiction or within the corresponding County when coordinating efforts facilitate county-wide coordination and adoption of universal standards or processes. Accordingly, the City of Boynton Beach Building Division proposes to modify our local administrative chapter (Chapter 1) of the Florida Building Code. These proposed amendments are in conjunction with the county- wide efforts under the County's Building Code Advisory Board (BCAB), which primarily acts to maintain a universal permitting system with respect to process and interpretation of building codes throughout the county. Most of the proposed amendments as indicated in the attachments are current amendments being processed by the State, along with a few amendments representing products of the County's coordinated efforts. The purpose of a few selected amendments are as follows: * To allow the Building Official to close an expired permit after six years if there are no life safety hazards (Subsection 105.5.1). * To protect a new owner of a home that is the subject of an open permit or permit violations involving a prior owner, by maintaining all rights and remedies against the property owner or contractor listed on the permit (Subsection 105.6.1). * To clarify the methodology for calculating permit valuations to include "replacement" values, and reference the acceptable sources for costs estimates as published by the International Code Council (ICC)(Subsection 109.3). * To allow the Building Official the ability to administratively reduce penalty fees from four- to two-times the penalty fee with justifiable cause (Subsection 109.4). * To clarify that the threshold inspection rules apply to both new construction as well as applicable restoration or repair projects (Subsection 110.8). * To omit the requirements of surety from the temporary certificate of occupancy (TCO) process (Subsection 111.3). How will this affect city programs or services? No affect Fiscal Impact: Non-budgeted Page 836 of 1299 N/A Alternatives: Apply the Florida Building Code without the Administrative Amendments tailored to the specific requirements of the City of Boynton Beach and Palm Beach County. Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance adopting Boynton each D Ordinance Administrative Amendments to the Florida Building Code Boynton each Administrative Amendments to D Addendum the 7th Edition (2020) of the Florida Building Code® Draft Clean Versio Boynton each Administrative Amendments to D Addendum the 7th Edition (2020) of the Florida Building Code® strike Draft (AutoRecovered) Page 837 of 1299 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA; PROVIDING FOR THE ADOPTION OF THE 5 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS 6 TO THE FLORIDA BUILDING CODE 7th EDITION 7 (2020); PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission I may adopt amendments to the administrative provisions of the Florida Building Code to deal 12 with local issues and conditions that are unique and distinctive to each jurisdiction, subject to 13 the limitations in said statute; and 14 WHEREAS,the City of Boynton Beach has adopted the Boynton Beach Amendments 15 to the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; and 16 the Florida Building Code 6th Edition (2017) on December 19, 2017; and 17 WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative 18 Amendments to the Florida Building Code 7th Edition (2020); and 19 WHEREAS, as required by law, such amendments will be transmitted to the State 20 within 30 days after this enactment of the amendments. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. That the Boynton Beach Administrative Amendments to the Florida 26 Building Code 7th Edition (2020), are hereby amended by adopting those provisions contained 27 in Exhibit"A" which is attached hereto and incorporated herein by reference. 28 Section 3. As required by law, these amendments will be transmitted to the State 29 within 30 days after this enactment of the amendments. S:ACA\Ordinances\BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 838 of 1299 30 Section 4. That ordinances or parts of ordinances in conflict herewith be and the 31 same are hereby repealed, provided that in the event of a conflict with respect to the 32 administration of the building codes, existing administrative laws or rules of the City shall 33 control. 34 Section 5. Should any section or provision of this Ordinance or any portion thereof 35 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 36 remainder of this Ordinance. 37 Section 6. Authority is hereby given to codify this Ordinance. 38 Section 7. This Ordinance shall become effective immediately. 39 FIRST READING this 4th day of November, 2020. 40 SECOND, FINAL READING AND PASSAGE this day of , 2020. 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice-Mayor—Ty Penserga 47 48 Commissioner—Justin Katz 49 50 Commissioner—Woodrow L. Hay 51 52 Commissioner— Christina L. Romelus 53 54 VOTE 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 S:ACA\Ordinances\BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 839 of 1299 Exhibit"A" TE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE i i n ��� ORDINANCE NO. EFFECTIVE Deee r3-!,2417December 31, 2020 BEGINNING WITH PERMIT NO. nn0l-0001 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561)742-6350 Office (561)742-6357 Fax This document can be downloaded online—at no charge—fay visiting the'Farms&Applifotrans"sectron of the Burfdng Dimon page on the City of Boynton Beach we s4e at wa wwu,faoynton-faeaeh.ore� 1 Page 840 of 1299 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 2429 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 4443 Section 110 INSPECTIONS 4445 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES iW58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 6&62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 6463 Section 117 VARIANCES IN FLOOD HAZARD AREAS 66 Section 118 WIND LOADS &766 Section 119 SEVERABILITY 66 2 Page 841 of 1299 SECTION 101 GENERAL 101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as"this code." 101.2 Scope. The provisions of this code shall apply to the construction, Alteration, relocation, enlargement, replacement,Repair,equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family Dwellings and multiple single-family Dwellings(Townhouses) not more than three Stories above Grade Plane in height with a separate Means Of Egress and their accessory structures not more than three stories above grade plane in height,shall comply with the Florida Building Code,Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code,Building. 101.3 Intent.The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, Means of Egress facilities, stability, sanitation,adequate light and ventilation,energy conservation,and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building,system or plan by this jurisdiction,under the requirements of this code,shall not be construed in any court as a warranty of the physical condition of such building,system or plan or their adequacy. This jurisdiction 3 Page 842 of 1299 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.Further,no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes,as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas.The provisions of the Florida Building Code,Fuel Gas Shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code.These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems,incinerators and other energy-related systems. 101.4.3 Plumbing.The provisions of the Florida Building Code,Plumbing shall apply to the installation, Alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 101.4.5 Fire prevention.For provisions related to Florida Fire Prevention Codef re. e v^^ ieR,refer to the Florida Fire Prevention Code.The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage,handling or use of structures,materials or devices;from conditions hazardous to life,property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repair,Alteration or removal of fire suppression,Automatic Sprinkler Systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation Shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings.The provisions of the Florida Existing Building Code shall apply to matters governing the Repair,Alteration,change of occupancy,Addition to and relocation of existing buildings. 4 Page 843 of 1299 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,Florida Building Code. Building,and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code,Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention.City of Boynton Beach Land Development Regulations(LDR)shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4,Article X,Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever,the Building Official is mentioned in the code,it is also intended to mean the Building Official's designee,wherever applicable. SECTION 102 APPLICABILITY 102.1 General.Where there is a conflict between a general requirement and a specific requirement,the specific requirement shall be applicable.Where,in any specific case,different sections of this code specify different materials,methods of construction or other requirements,the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to,zoning requirements,land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design,construction,erection, alteration,modification,repair or demolition of public or private buildings,structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally,a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities,juvenile justice facilities,or state universities,community colleges,or public education facilities,as provided by law. 102.2 Building.The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building,structure or facility or floating residential structure,or 5 Page 844 of 1299 any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations,repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building.The following buildings, structures and facilities,except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a)Building and structures specifically regulated and preempted by the federal government. (b)Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d)Temporary buildings or sheds used exclusively for construction purposes. (e)Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513,Florida Statutes)relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.Permits shall be required for structural support and tie down,electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f)Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation,transmission,or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production,or any sound-recording equipment used in such production,on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.As used in this paragraph,the term"chickee"means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials,and that does not incorporate any electrical,plumbing,or other non-wood features. (i) Family mausoleums not exceeding 250 square feet(23 m2)in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite,marble,or reinforced concrete. 0)Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k)A building or structure having less than 1,000 square feet(93 m2)which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1,2011,if the building or structure: 1.Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map;and 6 Page 845 of 1299 3.Is not connected to an off-site electric power or water supply. (1)Service providers of water,sewer,storm,gas,cable,telephone,or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80,Florida Statutes,facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395,Florida Statutes,and Part II of Chapter 400,Florida Statutes,and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved,provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection;and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state,if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7.The requirements of Florida Building Code,Existing Building Volume,are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 7 Page 846 of 1299 1.At its own option,each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a.Addition,alteration,or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure,whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed$5,000 within any 12-month period. c.Building and inspection fees. 2.However,the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas,as defined in the code,unless the enforcement district or local enforcement agency has determined that the work,which is otherwise exempt,does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3.Each code exemption,as defined in sub-subparagraphs 1a,1b,and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4.However,each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation.No added capacity,system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one-or two-family dwelling. Exception:Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number,shall be construed to refer to such chapter,section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 8 Page 847 of 1299 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards,the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4,the provisions of this code or the Florida Codes listed in Section 101.4,as applicable,shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity.In the event that any part or provision of this code is held to be illegal or void,this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures.The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change,except as is specifically covered in this code,the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code,as applicable,for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change,except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code(prior to March 1,2002),the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code(after March 1,2002),the wind speed map of the Florida Building Code shall be applicable. (3)A relocated building shall comply with the flood hazard area requirements of the new location,if applicable. 9 Page 848 of 1299 102.8 Existing mechanical equipment.An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency.The Division of Building Safety is hereby created and the official in charge thereof shall be known as the B4uilding Oefficial Or Building Code Administrator. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority,the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties,see 101.4.4 Property maintenance.For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 103.4 Restrictions on employees.(Reserved). SECTION 104 DUTIES AND POWERS OF THE-BUILDING OFFICIAL 104.1 General.The Building Official is hereby authorized and directed to enforce the provisions of this code.The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions.Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review Construction Documents and issue Permits for the erection, and Alteration, demolition and moving of buildings and structures,and service systems,inspect the premises for which such Permits have been issued and enforce compliance with the provisions of this code. 10 Page 849 of 1299 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.For applications for reconstruction,rehabilitation,Repair,Alteration, Addition or other improvement of existing buildings or structures located in Flood Hazard Areas,the Building Official shall determine if the proposed work constitutes substantial improvement or Repair of Substantial Damage. Where the Building Official determines that the proposed work constitutes Substantial Improvement or Repair of Substantial Damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections.The Building Official shall make all of the required inspections,or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification.The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry.Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe,dangerous or hazardous,the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code,provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied,the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.If entry is refused,the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry,no owner or occupant or any other persons having charge,care or control of any building, structure,or premises shall fail or neglect,after proper request is made as herein provided,to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of records.The Building Official shall keep official records of applications received,Permits and certificates issued,fees collected,reports of inspections,and notices and orders issued.Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code,while acting for thejurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or 11 Page 850 of 1299 criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings.The Building Official or any subordinate shall not be liable for cost in any action,suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials,equipment and devices Approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment.The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless Approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code,the Building Official shall have the authority to grant modifications for individual cases,upon application of the owner or owner's representative,provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility,life and fire safety,or structural requirements.The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas.The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials,design and methods of construction and equipment.The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been Approved.An alternative material,design or method of construction shall be Approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality,strength,effectiveness,Fire Resistance,durability and 12 Page 851 of 1299 safety. Where the alternative material, design or method of construction is not Approved,the Building Official shall respond in writing,stating the reasons why the alternative was not Approved. 104.11.1 Research reports.Supporting data,where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from Approved sources. 104.11.2 Tests.Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code,or in order to substantiate claims for alternative materials or methods,the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction.Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods,the Building Official shall approve the testing procedures.Tests shall be performed by an Approved Agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code.Any requirements necessary for strength,stability or proper operation of an existing or proposed building,structure,electrical,gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes,shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required.Any contractor,owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct,enlarge,alter,repair,move,demolish,or change the occupancy of a building,tenancy or structure,or to erect, install,enlarge,alter, repair,remove,convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements,flood resistant elements, site drainage elements,the installation of which is regulated by this code or Part III,Chapter 2,Article IV of the BBFL Code of Ordinance,or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s).A^y ewrier^ 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical,gas, mechanical or plumbing or interior nonstructural office system(s),the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations.The Building Official shall be notified of major changes and shall retain the 13 Page 852 of 1299 right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall be obtained for each facility and for each construction trade,as applicable.The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records.The person to whom an annual Permit is issued shall keep a detailed record of Alterations made under such annual Permit.The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated.The Building Official is authorized to revoke such permit,if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12,Florida Statutes,a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct,develop,or modify a public swimming pool without proof of application,whether complete or incomplete,for an operating permit pursuant to Section 514.031,Florida Statutes.A certificate of completion or occupancy may not be issued until such operating permit is issued.The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553,Florida Statutes.The local enforcing agency may confer with the Department of Health,if necessary,but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit.Exemptions from Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance.As Determined by The Building Official, Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00,providing,however,that such work will not adversely affect the structural integrity, fire rating,exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 14 Page 853 of 1299 3. Temporary motion picture,television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one-and two-family dwellings,but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies,but they may be subject to Zoning permits. 6. In the case of roofing repairs,a permit may not be required for work having a value of less than $500,unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of Approved portable electrical equipment to Approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions,but do apply to equipment and wiring for a power supply and the installations of towers and antennas-_except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems:A Permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1.Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1.Portable heating appliance. 2.Portable ventilation equipment. 3.Portable cooling unit. 15 Page 854 of 1299 4.Steam,hot or chilled water piping within any heating or cooling equipment regulated by this code. 5.Replacement of any part that does not alter its approval or make it unsafe. 6.Portable evaporative cooler. 7.Portable s-Self-contained refrigeration system containing 10 pounds(5 kg)or less of refrigerant and actuated by motors of 1 horsepower(746 W)or less. 8. The installation,replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures and the removal and reinstallation of water closets,provided such repairs do not involve or require the replacement or rearrangement of valves,pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings_This does not include water heaters,bathtubs,or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation,the Permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official,including the work address, nature of emergency,and scope of work immediately,or by the next business day. 105.2.2.Minor repairs.Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof,the removal or cutting of any structural beam or load-bearing support,or the removal or change of any required Means Of Egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition to, Alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety,and such repairs shall not violate any of the provisions of the technical codes. 16 Page 855 of 1299 105.2.3 Public service agencies.A Permit shall not be required for the installation,Alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit.To obtain a Permit,the applicant shall first file an application therefore in writing on a form furnished by the D4ivision of 134uilding Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board,if applicable, and must comply with the requirements of Section 713.135(5)and(6),Florida Statutes. Each application shall be inscribed with the date of application,and the code in effect as of that date.For a building permit for which an application is submitted prior to the effective date of the Florida Building Code,the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1,2017,a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include,but are not limited to,e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application.The Building Official shall examine or cause to be examined applications for Permits and amendments thereto within a reasonable time after filing. If the application or the Construction Documents do not conform to the requirements of pertinent laws,the Building Official shall reject such application in writing,stating the reasons therefore.If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto,the Building Official shall issue a Permit therefore as soon as practicable. When authorized through contractual agreement with a school board,in acting on applications for permits,the Building Official shall give first priority to any applications for the construction of,or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings,structures,and facilities of state universities, state colleges,and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction,erection,alteration,modification, repair,or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is 17 Page 856 of 1299 to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471,Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than$125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation,addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating,ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than$125,000.This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one,two,three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system.Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1:When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit(system)is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump.The six heat pumps are connected to a single water cooling tower.The cost of the entire heating,ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical,electrical,or plumbing document for any new building or addition which includes a medical gas,oxygen,steam,vacuum,toxic air filtration,halon,or fire detection and alarm system which costs more than$5,000. 18 Page 857 of 1299 5. Electrical documents.(See Florida Statutes,Section 471.003(2)(h)).Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than$125,000;and 2.a. Requires an aggregate service capacity of greater than 600 amperes(240 volts)on a residential electrical system or greater than 800 amperes(240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units;or c. Requires a heating,ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity,or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed,dated,and stamped such document as provided in Section 471.025,Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514,Florida Statutes 105.3.2 Time limitation of application. An application for a Permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing,or for any 6 months J180 daysl period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a Permit has been issued;except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension shall be requested in writing prior to the abandonment date,with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction,erection, alteration,modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the 19 Page 858 of 1299 application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes,Workers'Compensation,every employer shall,as a condition to receiving a building permit,show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38,Florida Statutes. 105.3.6 Asbestos removal contractor exemption.Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving,removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building,the building is not for sale or lease,and the work is performed according to the owner-builder limitations provided in this paragraph.To qualify for exemption under this paragraph,an owner must personally appear and sign the building permit application.The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.You have applied for a permit under an exemption to that law.The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license.You must supervise the construction yourself.You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease,or the building is a farm outbuilding on your property.If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption.You may not hire an unlicensed person as your contractor.Your work must be done according to all local,state and federal laws and regulations which apply to asbestos abatement projects.It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings.Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition,provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit,specifically,without limitation,date of execution,building owner or dealer,and anticipated date of completion. However,the construction activity must commence within 6 months of the contract's execution.The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way.A permit shall not be issued by the Building dfficial for the construction, alteration,or relocation of any building,structure,or system impacting any street,alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 20 Page 859 of 1299 I--- 105.4 Conditions of the permit.The issuance or granting of a Permit shall not be construed to be a Permit for,or an approval of,any violation of any of the provisions of this code or of any other ordinance of any other federal,state and local laws,ordinances,codes and regulations.Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal,state and local laws,ordinances,codes and regulations shall not be valid.The issuance of a Permit based on Construction Documents and other data shall not prevent the Building Official from requiring the correction of errors in the Construction Documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal,state and local laws,ordinances,codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate,cancel,alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans,construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months(180 Days)after its issuance,or if the work authorized by such permit is suspended or abandoned for a period of six months(180 Days)after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment,a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit,or revalidation(renewal)of the original permit,is not obtained within six months 180 daysl from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction,order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant,in writing,one or more extensions of time,for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated,prior to expiration. 21 Page 860 of 1299 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority.There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration.Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired far more than six months(180 Days)shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights,the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code _reguirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. -,Rless the v0ark 9-R the site is eemprierieed withiR 199 days after 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a Formatted:Font:Bold property owner, regardless of whether the property owner is the one listed on the application for the building permit,may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7)and 489.503(6),Florida Statutes. 3._) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency,the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material,design or method of construction. 22 Page 861 of 1299 4.)A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection,if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section,the term `°close" means that the requirements of the permit Formatted:Font:Bold have been satisfied. 105.5.1.2 For the purposes of this subsection,an open permit shall mean a permit that has not satisfied Formatted:Font:Bold all requirements for completion as listed in Section f^V^;^,.t r^,., pew— —at has beeR the QJW;PiG1 @ii r wfs fer^ pleb^r as defined cam,495.544. after(40.1 years ef expipatieR wheR Re safety hazard exists and Re Geale vielat;eRs have beeR previeusly W„4-,� 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations-Construction Industry Licensing Board(CILB)or Palm Beach County Construction Industry Licensing Board(CILB),as applicable,and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,or the construction,erection,alteration,modification,repair,or demolition of a building,is found by the local enforcing agency to be not in compliance with the Florida Building Code,the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based,and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 23 Page 862 of 1299 105.6.1Arms Length Purchaser-Pursuant to Section 553.79(16), Florida Statutes,a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the ermit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However,the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code,when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.42 Violation of code provisions.The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction,erection,alteration,repair,moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit.The building Permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement.In accordance with Section 713.135,Florida Statutes,when any person applies for a building permit,the authority issuing such permit shall print on the face of each permit card in no less than 14-point,capitalized,boldfaced type:"WARNING TO OWNER:YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos.The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003,Florida Statutes,and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption"of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,providing a copy for the person the permit is issued to and another copy for the building permit files.The treatment certificate shall provide the product used,identity of the applicator, 24 Page 863 of 1299 time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used,to establish a verifiable record of protective treatment.If the soil chemical barrier method for termite prevention is used,final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection.A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided.The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance.Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection.This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit forthe entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings,show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains,loads and stability.Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official,are hazardous or complex,the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work.In addition,they shall be responsible for conformity to the permit,provide copies of inspection reports as inspections are performed,and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468,Florida Statutes,and that any person conducting inspections is qualified as a building 25 Page 864 of 1299 inspector under Part III of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official(See also Section 107.6). Exception:Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection.When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is$50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of$750,000 or more, or,if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within this Code or Florida Building Code,Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a)A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one-or two-family residential building permit the inspection of any portion of a building,structure,or real property that is not directly impacted by the construction,erection,alteration,modification,repair,or demolition of the building,structure,or real property for which the permit is sought. (b)This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2.A change of occupancy as defined in the Florida Building Code. 3.A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4.A historic building as defined in the Florida Building Code. (c)This subsection does not prohibit a local enforcing agency,or any local building code administrator, inspector,or other official or entity,from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph(a). 2.Inspecting a physically nonadjacent portion of a building,structure,or real propertythat is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph(a). 26 Page 865 of 1299 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building,structure,or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph(a). 4.Inspecting any portion of a building,structure,or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30,Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section,the term: (a) "Contractor"means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505,that is hardwired and operating at low voltage,as defined in the National Electrical Code Standard 70,Current Edition,or a new or existing low-voltage electric fence,and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems,access controls,battery recharging devices,and video cameras. (c) "Low-voltage electric fence"means an alarm system,as defined ins.489.505,that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system"means a burglar alarm system or smoke detectorthat is not hardwired. (2) Notwithstanding any provision of law,this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency.However,a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project,and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No.60335-2-76,Current Edition. (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence.The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. 27 Page 866 of 1299 (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than$40 per label per project per unit.The local enforcement agency may not require the payment of any additional fees,charges,or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label.A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project.However,a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (8)to the local enforcement agency within 14 days after completing the project.A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner,tenant, contractor,or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customers Name 28 Page 867 of 1299 Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above.I certify that all of the foregoing information is true and accurate. (Signature of Owner,Tenant,Contractor,or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards.If a low-voltage alarm system project fails an inspection,the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county,district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance,inspection,or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489,Florida Statutes. 29 Page 868 of 1299 SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted.Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf(2.40 kN/m2),such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each Story in which they apply,using durable signs.It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy.A certificate of occupancy required by Section 111 shall not be issued until the floor load signs,required by Section 106.1,have been installed. 106.3 Restrictions on loading.It shall be unlawful to place,or cause or permit to be placed,on any floor or roof of a building,structure or portion thereof,a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of Construction Documents, statement of Special Inspections,geotechnical report and other data shall be submitted in two or more sets with each Permit application.The Construction Documents shall be prepared by a Registered Design Professional where required by Chapter 471, Florida Statutes&61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional Construction Documents to be prepared by a Registered Design Professional. Electronic media documents shall be submitted when required by the Building Official,in a format acceptable to the Building Official,and may require only one set of submittals. Exception:The Building Official is authorized to waive the submission of Construction Documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of Construction Documents is not necessary to obtain compliance with this code. If the design professional is an architect,interior designer,or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481,Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes,then he or she shall affix his or her official seal to said drawings,specifications and accompanying data,as required by Florida Statute. 107.2 Construction documents. Construction Documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. 30 Page 869 of 1299 Construction Documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when Approved by the Building Official. Construction Documents shall be of sufficient clarity to indicate the location,nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information,in the form of notes or otherwise,as to the quality of materials,where quality is essential to conformity with the technical codes. Such information shall be specific,and the technical codes shall not be cited as a whole or in part, nor shall the term"legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data.The Building Official may require details,computations,stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings,specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal,signature and date as state law requires. 107.2.1.3 Quality of building plans.Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper,cloth or other acceptable medium.The Building Official may establish, through Departmental policy,other standards for plans and specifications,including electronic format,in order to provide conformity to its electronic permit review and record retention program.This policy may include such things as minimum size,shape,contrast,clarity,or other items related to records management.Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings.Shop drawings for the Fire Protection System(s)shall be submitted to indicate conformance to this code and the Construction Documents and shall be Approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The Construction Documents shall show in sufficient detail the location, construction, size and character of all portions of the Means Of Egress including the path of the Exit Discharge to the Public Way in compliance with the provisions of this code.In other than occupancies in Groups R-2,R-3,and I-1,the Construction Documents shall designate the number of occupants to be accommodated on every floor,and in all rooms and spaces. 31 Page 870 of 1299 107.2.4 Exterior wall envelope. Construction Documents for all buildings shall describe the Exterior Wall Envelope in sufficient detail to determine compliance with this code.The Construction Documents shall provide details of the Exterior Wall Envelope as required, including flashing, intersections with dissimilar materials,corners,end details,control joints,intersections at roof,eaves or parapets,means of drainage,water-resistive membrane and details around openings. The Construction Documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the Construction Documents maintain the weather resistance of the Exterior Wall Envelope.The supporting documentation shall fully describe the Exterior Wall system which was tested,where applicable,as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.(CA7834) 107.2.5-6 Site plan.The Construction Documents submitted with the application for Permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site,distances from Lot Lines,the established street grades and the proposed finished grades and,as applicable,flood hazard areas,floodways,and Design Flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition,the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for Permit is for Alteration or repair or when otherwise warranted. 107.2.66.1 Design flood elevations.Where Design Flood elevations are not specified,they shall be established in accordance with Section 1612.3.1.Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.65.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite.These plans must be open to inspection by the Building Official or a duly authorized representative,as required by the Florida Building Code. 107.2.76 Structural information.The Construction Documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 32 Page 871 of 1299 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection,assembly or construction at the site.Erection,assembly (including utility crossover connections)and construction at the site are subject to local permitting and inspections.Photocopies of plans approved according to FAC 61-41.009,Florida Administrative Code,shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2.Industrial construction on sites where design,construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt,subject to approval by the Building Official,from review of plans and inspections,providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a Permit, the Construction Document shall be Approved,in writing or by stamp,as"Reviewed for Code Compliance." One set of Construction Documents so reviewed shall be retained by the Building Official.The other set shall be returned to the applicant,shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Construction Documents, construction or designated occupancy of a structure for which a lawful Permit has been heretofore issued or otherwise lawfully authorized,and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval.(See also Section 105.13 of this code.)The Building Official is authorized to issue a Permit for the construction of foundations or any other part of a building or structure before the Construction Documents for the whole building or structure have been submitted,provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code.The holder of such Permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a Permit for the entire structure will be granted.This provision only applies to the Florida Building Code;all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge.Where it is required that documents be prepared by a Registered Design Professional,the Building Official shall be authorized to require the Owner or 33 Page 872 of 1299 the owner's authorized agent to engage and designate on the building Permit application a Registered Design Professional who shall act as the Registered Design Professional In Responsible Charge. If the circumstances require, the Owner or the owner's authorized agent shall designate a substitute Registered Design Professional In Responsible Charge who shall perform the duties required of the original Registered Design Professional In Responsible Charge.The Building Official shall be notified in writing by the Owner or the owner's authorized agent if the Registered Design Professional In Responsible Charge is changed or is unable to continue to perform the duties. The Registered Design Professional In Responsible Charge shall be responsible for reviewing and coordinating submittal documents prepared by others,including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals.For the purposes of this section,deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official.The Registered Design Professional in Responsible Charge shall list the deferred submittals on the Construction Documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the Registered Design Professional In Responsible Charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building.The deferred submittal items shall not be installed until the deferred submittal documents have been Approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471,Florida Statutes,or Chapter 481 Florida Statutes,by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471,481 or 489,Florida Statutes. 107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building Official shall include the following minimum criteria and documents:a floor plan;site plan;foundation plan;floor/roof framing plan or truss layout;all fenestration penetrations;flashing;and rough opening dimensions;and all exterior elevations: Commercial Buildings: 34 Page 873 of 1299 Building 1.Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve(PIV) Set back/separation(assumed property lines) Location of specific tanks,water lines and sewer lines Flood hazard areas,flood zones,and design flood elevations 2.Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3.Minimum type of construction shall be determined(see Table 503). 4.Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5.Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6.Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction,as applicable 7.Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress 35 Page 874 of 1299 Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8.Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope(including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations(if requirerequested) Foundation Flood requirements in accordance with Section 1612,including lowest floor elevations,enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9.Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating(mechanical) Roofing Deck coatings Insulation Building envelope portions of the Energy Code(including calculation and mandatory requirements) 10.Accessibility requirements shall include the following: Site requirements 36 Page 875 of 1299 Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11.Interior requirements shall include the following: Interior finishes(flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12.Special systems: Elevators Escalators Lifts 13.Energy Code submittal 14-3.Swimming pools: Barrier requirements Spas Wading pools 154.Location and installation details.The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code(including calculation and mandatory requirements) 2. Equipment 37 Page 876 of 1299 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10.Location of water supply line 11.Grease traps 12.Environmental requirements 13.Plumbing riser 14.Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) 38 Page 877 of 1299 Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10.Chimneys,fireplaces and vents 11.Appliances 12.Boilers 13.Refrigeration 14.Bathroom ventilation 15.Laboratory 16.Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 39 Page 878 of 1299 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10.Design flood elevation 11.Gas portions of the Energy Code(including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential(one-and two-family): 1. Site requirements: Set back/separation(assumed property lines) Location of septic tanks 2. Fire-resistant construction(if required) 3.Fire 4-3. Smoke detector locations 54. Egress Egress window size and location stairs construction requirements 6�. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables,and structural calculations(if required) Termite protection Design loads Wind requirements 40 Page 879 of 1299 Building envelope Structural calculations(if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,and flood damage-resistant materials 84.Accessibility requirements:show/identify accessible bath 9�.Impact resistant coverings or systems 108.Residential Energy Code submittal(including calculation and mandatory requirements) 118.Electrical: Electric service riser with wire sizes,conduit detail and grounding detail Complete load calculations,Panel schedules 128.Mechanical: Equipment and location,Duct systems 13-1.Plumbing: Plumbing riser 148.Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location 41 Page 880 of 1299 Riser diagram/shutoffs latieRs 154.Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation(assumed property lines) Location of septic tanks(if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size(if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units,water heaters,etc.; 2. Reroofs(as determined by leGal j ,V; GtieR Building official); 3. Minor electrical,plumbing and mechanical repairs; 4. Annual maintenance permits; 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver;or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 42 Page 881 of 1299 107.4 Amended construction documents. Work shall be installed in accordance with the Approved Construction Documents,and any changes made during construction that are not in compliance with the Approved Construction Documents shall be resubmitted for approval as an amended set of Construction Documents. 107.5 Retention of construction documents. One set of Approved Construction Documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work,or as required by state or local laws. 107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes.For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength,stresses,strains,loads and stability.The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure,electrical,gas,mechanical or plumbing systems a certification that the structure,electrical,gas,mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.Where the Building Official relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances.The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14).On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.791 7(a). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General.The Building Official is authorized to issue a Permitfor temporary structures and temporary uses. Such Permits shall be limited as to time of service, but shall not be permitted for more than 180 days.The Building Official is authorized to grant extensions for demonstrated cause. 43 Page 882 of 1299 108.2 Conformance.Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power.The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued.The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting,heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such Permit for a temporary structure or use and to order the temporary structure to be removed wand the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees.A Permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Permit be released until the additional fee,if any,has been paid. 109.1.1 Other fees.A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees,water and sewer capital facility fees, City Park&Recreation fees,Fire Division fees,City Green Building Fee,Palm Beach County Impact fees and State of Florida fees.Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances.The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances.The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2,Article 1,Section 5.The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee(30%of the total Art fee)is due prior to permit issuance. ® Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.2 Schedule of permit fees.On buildings,structures,electrical,gas,mechanical,and plumbing systems Asian text,Adjust space between Asian text and numbers or Alterations requiring a Permit,a fee for each Permit shall be paid as required,in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; 44 Page 883 of 1299 • Certificates of competency(including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations;and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes,tThe applicant for a Permit shall provide an estimated Permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural,electric,plumbing,mechanical,interior finish,relative site work,architectural and design fees, overhead and profit; excluding only land value. in^'...4— ^ ^ '^' ^^^ "Q�.°."'^" '"^ °^r^ is , If,in the opinion of the Building Official,the valuation is underestimated on the application, the Permit shall be denied,unless the applicant can show detailed estimates to meet the approval.Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress.ef the Q„ 4499 ^f{ ^r. Final building Permit valuation shall be set by the Building Official. <---------- Formatted:Space After: 0 pt,Line spacing: single,Don't 109.3.1 Exemptions. adjust space between Latin and Asian text,Don't adjust space p between Asian text and numbers Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than$10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system,and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: 45 Page 884 of 1299 All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. <----- Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.4 Work commencing before permit issuance.Any person who commences any work on a building, Asian text,Adjust space between Asian text and numbers structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required Permit fees or as provided by local ordinance.This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one(1)business day and any unreasonable delay in obtaining those permit(s)shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees.The payment of the fee for the construction,Alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building Permit shall not relieve the applicant or holder of the Permit from the payment of other fees that are prescribed by law. 109.6 Refunds.All permit fees under this section are non-refundable and non-transferable. ® Formatted:Space After: 8 pt,Line spacing: Multiple 1.08 li, Adjust space between Latin and Asian text,Adjust space SECTION 110 between Asian text and numbers INSPECTIONS 110.1 General. Construction or work for which a Permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed^GG� and provided with access for inspection purposes until Approved.Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner or the owner's authorized agent to cause the work to remain exposed ee@& k and provided with access for inspection purposes.The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. CA 7697 110.1.1 Manufacturers and fabricators.When deemed necessary by the Building Official,he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or 46 Page 885 of 1299 fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors,independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure,qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height;or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements_of the building to adequately attest to its compliance.Such inspectors shall be a_registered architect,or engineer.An employee of the architect or engineer licensed under Chapter 468,Part XII,Florida Statutes may perform the inspections,under the_direction of and with final certification from the architect or engineer. Such inspectors_shall submit weekly progress reports including the daily inspections to the Building Official,and including a code compliance opinion of the resident inspector. At the completion of the construction work or project,the architect or engineer shall submit a certificate of compliance to the Building Official,stating that the work was done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued;and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_acceptable to the Building Official,an affidavit for certification of inspection may be_accepted from the permit qualifier; 47 Page 886 of 1299 when accompanied by extensive photographic_evidence of sufficient detail to demonstrate code compliance.The photographic evidence shall be comprehensive in the display of the installation and/or construction—and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite,at the next scheduled inspection.If the photographs are found to be insufficient by the Building Official to demonstrate compliance with this_code and/or the permitted document, or clearly display location identifiers, or are_missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or_construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of_elements of construction which require inspection by the local jurisdiction_under the requirements of 44CFR59 and_44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Formatted:Indent:Left: 0.4" Section 311.1 of the Florida Building Code, Plumbing. 110.2 Preliminary inspection.Subject to the limitations of Florida Statutes Chapter 553.79(20), b44efore issuing a Permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit,the Building Official may examine or cause to be examined any building,electrical,gas, mechanical,or plumbing systems for which an application has been received for a permit to enlarge,alter,repair,move,demolish,install,or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code,Existing Building Volume,may apply. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes.The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A.Building 1. Foundation inspection.To be made after trenches are excavated,forms erected,and required reinforcing steel is in place.The Foundation inspection shall at a minimum include the following building components: 48 Page 887 of 1299 • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1.Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor.A foundation/Form board survey prepared and certified by a registered surveyor may be required,prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction,the elevation certification shall be submitted to the Authority having Jurisdiction.Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4,Article X,Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms,reinforcing steel,shoring,conduit,piping accessories,and other ancillary equipment items are in place,but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board,as required • Sheathing/cladding inspection NOTE:Sheathing fasteners installed and found to be missing the structural member(shiners)shall be removed and corrected prior to installation of the dry-in material. 49 Page 888 of 1299 Exception:ring shank nails shall be bent over and a new fastener installed. 2_3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances,buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors(including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies,joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: ® Exterior wall coverings and veneers Formatted:Indent:First line: 0.25' ® Soffit coverings 4 Roofing inspection.Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings(including in-progress) • Flashing • Sheathing 4.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 54. Energy insulation,thermal and ignition barriers 64. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board,interior and exterior,is in place,but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception:Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly,unless otherwise determined by the Building Official. 50 Page 889 of 1299 74. Final inspection.To be made after the building,including all sub-trade inspections,are completed and ready for occupancy. 77®1 .Elevation Certificate. As part of the final inspection,an elevation certificate shall be submitted to the authority having jurisdiction. 77®2 .A final survey prepared and certified by a registered surveyor may be required at time of final inspection,when applicable. ;�8. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel,bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection,including a pressure test • Deck inspection:to be made prior to installation of the deck material(with forms,deck drains,and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 99.Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 108.®Manufactured building inspections. The division of building safety shall inspect construction of foundations;connecting buildings to foundations;installation of parts identified on plans as site installed items,joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any otherwork done on site which requires compliance with the Florida Building Code.Additional inspections may be required for public educational facilities(see Section 423.27.20 of this code). 118. Where impact-resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. 51 Page 890 of 1299 • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection.To be made after trenches or ditches are excavated,conduit or cable installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3.Low Voltage:To be made for security,alarm,elevator,and special uses. 4.Final inspection.To be made after the building electrical system is complete,all required electrical fixtures are in place and properly connected or protected,and the structure is ready for occupancy. 5. Existing Swimming Pools.To be made after all repairs or alterations are complete, all required electrical equipment,GFCI protection,and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection.To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and all soil,waste and vent piping is complete,and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected,and the structure is ready for occupancy. Note:See Section 312 of the Florida Building Code,Plumbing for required tests. Mechanical 1. Underground inspection.To be made after trenches or ditches are excavated,underground duct and fuel piping installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing are in place and all ducting,and other concealed components are complete,and prior to the installation of wall or ceiling membranes. 52 Page 891 of 1299 -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection.To be made after the building mechanical system is complete,the mechanical system is in place and properly connected,and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed,and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection.To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection.To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes,to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations,any required forms shall be in place prior to inspection.Materials for the foundation shall be on the job,except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor. 53 Page 892 of 1299 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement,and prior to further vertical construction,the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, Fire Blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical,plumbing,heating wires,pipes and ducts are Approved. 110.3.5 Lath,gypsum board and gypsum panel product inspection. Lath,gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture-barrier system shall not be concealed until inspected and approved. 110.3.7b Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies,Smoke Barriers and smoke partition shall not be concealed from view until inspected and Approved. 110.3.8.7 Energy efficiency inspections.Inspections shall be made to determine compliance with Fbc, Energy Conservation and-confirm with the approved energy code submittal(by appropriate trade)and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient,duct system R-value,and HVAC,lighting,electrical and water-heating equipment efficiency. 110.3.99 Other inspections.In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.100 Special inspections.Reserved. 110.3.118 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected,at various intervals,all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion,prior to the issuance of the Certificate of Occupancy or Certificate of Completion.In performing inspections,the Building Official or designee shall give first 54 Page 893 of 1299 priority to inspections of the construction,addition,or renovation to,any facilities owned or controlled by a state university,state community college or public school district. 110.3.12.1 Final inspection.The final inspection shall be made after all work required by the building Permit(S)is completed. 110.3.128.1 Flood hazard documentation. If located in a Flood Hazard Area,shall be submitted to the Building Official prior to the final inspection. 110.3.128.2 Energy Code documentation.If required by energy code path submittal,confirmation that commissioning result requirements have been received by building owner. 110.3.131 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7,Section 2304.13 or Section 2304.11.6,specifically required to be inspected for termites in accordance with Section 2114,or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.1_ Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code,the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1.The system indicated on the plans was installed. 2.The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of Approved inspection agencies,provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests.It shall be the duty of the holder of the building Permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the Permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official.The Building Official,upon notification,shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed,or notify the Permit holder or his or her agent wherein the same fails to comply with this code.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings,shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer,prior to any required mandatory inspections by the threshold building inspector. 55 Page 894 of 1299 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified,the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official,the architect,or the engineer of record.The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.119.9.1 The „^Fere;-------, 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building,which does not meet the minimum size,height,occupancy,occupancy classification,or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7),Florida Statutes,may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector,but the special inspector shall be responsible to the enforcement agency.The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481,Florida Statutes,as an architect. 110.8.4 Each enforcement agency shall require that,on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief,the above described construction of all structural load-bearing components complies with the permitted documents,and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 56 Page 895 of 1299 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures,plans and details be submitted to the enforcement agency for recordkeeping.Each shoring and reshoring installation shall be supervised,inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that,to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633,Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor,as defined in Section 489.105(3)(b),Florida Statutes,within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision,direction,management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety.The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),Florida Statutes,are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property,unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner.This includes,but is not limited to,the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites.Accordingly,developers, contractors and owners of all new residential development,including additions, pools, patios,driveways,decks or similar items,on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the 57 Page 896 of 1299 improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning,hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein.Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from Permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1.The building Permit number. 2.The address of the structure. 3.The name and address of the Owner or the owner's authorized agent. 4.A description of that portion of the structure for which the certificate is issued. 5.A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7.The name of the Building Official. 58 Page 897 of 1299 8.The edition of the code under which the Permit was issued. 9.The use and occupancy,in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design Occupant Load. 12.If an Automatic Sprinkler System is provided,whether the sprinkler system is required. 13.Any special stipulations and conditions of the building Permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid.-° 0 estimated value 8-'C+I--- eenstraetien Feast be seebreaprier to tl-is�redisien bei gappiiea. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion.A Certificate of Completion is proofthat a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This 59 Page 898 of 1299 certificate does not grant authority to occupy a building,such as shell building,prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing,stocking, training, or decorating,when appropriate,to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal,when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints.The Building Official is authorized to require the submittal of digital shape(C-A�F3PDF)files,in a specific format,depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility,source of energy, fuel or power to any building or system that is regulated by this code for which a Permit is required,until released by the Building Official. 112.2 Temporary connection.The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy,fuel or power. 112.3 Authority to disconnect service utilities.The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2.The Building Official shall notify the serving utility,and wherever possible the owner and occupant of the building,structure or service system of the decision to disconnect prior to taking such action.If not notified prior to disconnecting,the owner or occupant of the building,structure or service system shall be notified in writing,as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 60 Page 899 of 1299 113.1 Appointment.There is hereby established a board to be called the Building Board of Adjustment and Appeals,which shall consist of seven members and two alternates.The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include,to the greatest extent possible, an architect,engineer,general contractor,electrical contractor,HVAC contractor,plumbing contractor,and any other contractor licensed category. In addition to the regular members,there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. ® Formatted:Indent:Left: 0.5' 113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2.Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three(3)consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting.A simple majority of the board shall constitute a quorum.In varying any provision of this code,the affirmative votes of the majority present, but not less than three affirmative votes,shall be required. In modifying a decision of the Building Official,not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting,the alternate members,if appointed,shall vote. 113.2.4 Secretary of board.The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings,which shall set forth the reasons for its decision,the vote of each member,the absence of a member,and any failure of a member to vote. 61 Page 900 of 1299 ® Formatted:Indent:Left: 0.5 113.3 Powers.The Building Board of Adjustments and Appeals shall have the power,as further defined in 113.4 of this code,to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official.The owner of a building,structure or service system,or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: :—The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 1. <----- Formatted:Indent:Left: 0.75',Space After: 0 pt,Line 2. The provisions of this code do not apply to this specific case. spacing: single 3. That an equally good or more desirable form of installation can be employed in any specific case,which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances.The Building Board of Adjustments and Appeals,when upon written request, has been so appealed to and after a hearing,may vary the application of any provision of this code to any particular case when, in its opinion,the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1.That special conditions and circumstances exist which are peculiar to the building,structure or service system involved and which are not applicable to others. 62 Page 901 of 1299 2.That the special conditions and circumstances do not result from the action or inaction of the applicant. 3.That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings,structures or service system. <----- Formatted:Indent:Left: 0" 4.That the variance granted is the minimum variance that will make possible the reasonable use of the building,structure or service system. 5.That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health,safety and general welfare. ® Formatted:Indent:Left: 0.5 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both.In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code.Violation of the conditions of a variance shall be deemed a violation of this code. ® Formatted:Indent:Left: 0.75' 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision.Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building,structure or service system,which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may,in the order,limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code.The board shall meet on call of the 63 Page 902 of 1299 chairman,subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings.Upon determination by the chairman, irrelevant,immaterial,or unduly repetitious evidence may be excluded,but all other evidence of a type commonly relied upon by reasonable,prudent persons in the conduct of their affairs shall be admissible,whether or not such evidence would be admissible in a trial in the courts of Florida.Any part of the evidence may be received in written form.The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida,in which case,said evidence shall be signed,sealed,and dated. 113.5.1.2 Testimony.Any member of the Board or the attorney representing the Board may inquire of,or question,any witness before the Board.Any member of the Board,the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board.The Board may consider testimony presented by the Building Official,the petitioner,or any other witness. ® Formatted:Indent:Left: 0.75' 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection.A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final;subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board.The local government may also utilize this Board to convene as the Local Construction Regulation Board(LCRB),as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if the LCRB has found such contractor,through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if it has proof through the public hearing process,that a contractor has been found guilty in another 64 Page 903 of 1299 county or municipality within the past 12 months,of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents.Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 65 Page 904 of 1299 i SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend,repair,move,remove,demolish or occupy any building,structure or equipment regulated by this code,or cause same to be done,in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation.The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, Alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code,or in violation of a Permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of thejurisdiction to institute the appropriate proceeding at law or in equity to restrain,correct or abate such violation,or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties.Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects,constructs,alters or repairs a building or structure in violation of the Approved Construction Documents or directive of the Building Official, or of a Permit or certificate issued under the provisions of this code,shall be subject to penalties as prescribed by law. 114.5 Enforcement.Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens,or seek injunctive relief,or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority.Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe,the Building Official is authorized to issue a stop work order. 66 Page 905 of 1299 115.2 Issuance.The stop work order shall be in writing and shall be given to the Owner of the property involved,the owner's authorized agent or the person performing the work.Upon issuance of a stop work order,the cited work shall immediately cease.The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance.Any person who shall continue any work after having been served with a stop work order,except such work as that person is directed to perform to remove a violation or unsafe condition,shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner,through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official.When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes,it shall be demolished in accordance with this section. Formatted:Indent:Left: 0" 116.1.1 When the Building Official determines a building,structure,electrical,gas,mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A written notice Of Violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. ® Formatted:Indent:Left: 0.5' 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall,upon the building,structure or system,and a copy shall be recorded in the public records of Palm Beach County. 67 Page 906 of 1299 116.1.1.2 In addition,a copy oft he notice,as outlined in this sub-section,shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach,Florida will proceed to have the building,structure or system repaired,demolished or removed(insert stipulated time)after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished,or removed by the owner,notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number)within ten(10)days of the date of this Notice.Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent,at the City of Boynton Beach Building Division Office,within(insert stipulated time)of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice,as provided herein,together with a copy of the recorded "Notice of Intent to Demolish or 68 Page 907 of 1299 Substantially Repair and Inspect"at the Clerk of the Court Office,and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official.The Building Official shall post at each entrance to the building a placard stating:THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person,firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official,or for any person to enter the building,or use the building or system(s)except for the purpose of making the required repairs or of demolishing same. Formatted:Indent:Left: 0.5' 116.1.3 In case the owner,agent,or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate,or to demolish,and remove said building, structure,electrical,gas, mechanical or plumbing system or portion thereof,the Building Official,after having ascertained the cost may take action to cause such building,structure,electrical,gas,mechanical or plumbing system or portion thereof,to be demolished,secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building,structure,or system;or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency,which, in the opinion of the Building Official,involve imminent danger to human life or health,or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands,or abutting land or structures,with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary,and for this purpose may close a public or private way. <----- Formatted:Indent:Left: 0.5' 116.2 Reserved. 69 Page 908 of 1299 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses,and shall constitute a lien upon such property superior to all others except taxes. ® Formatted:Indent:Left: 0.5' 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property,including the street address,which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons.After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed.Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. ® Formatted:Indent:Left: 0.5' 116.4 Appeal.The owner,agent,or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas.Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable,the provisions of R322 of the Florida Building Code,Residential.This section shall not apply to Section 3109 of the Florida Building Code,Building. SECTION 118 WIND LOADS (Section 1609,Florida Building Code) Formatted:Centered 70 Page 909 of 1299 The basic wind speed in miles per hour,for development of wind loads,shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY <---------- Formatted:Centered,Space After: 0 pt If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional,such decision shall not affect the validity of the remaining portions of this code. ® Formatted:Justified,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and numbers 71 Page 910 of 1299 IIS 14 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE 7th Edition (2020) ORDINANCE NO. EFFECTIVE December 31, 2020 BEGINNING WITH PERMIT NO. 21-0001 City of Boynton Beach Division of Development Building Division 100 East Ocean Avenue Boynton Beach, Florida 33435 (561) 742-6350 Office (561) 742-6357 Fax This document can be downlooded online—at no charge—by visiting the"Forms&Application s"sectio n of the Building division page on the City of Boynton Beach website at www.boynton-beoch.org 1 Page 911 of 1299 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 29 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 43 Section 110 INSPECTIONS 45 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES 58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 63 Section 117 VARIANCES IN FLOOD HAZARD AREAS 66 Section 118 WIND LOADS 66 Section 119 SEVERABILITY 66 2 Page 912 of 1299 SECTION 101 GENERAL 101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, Alteration, relocation, enlargement, replacement, Repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family Dwellings and multiple single-family Dwellings (Townhouses) not more than three Stories above Grade Plane in height with a separate Means Of Egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, Means of Egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction 3 Page 913 of 1299 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas.The provisions of the Florida Building Code, Fuel Gas Shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing.The provisions of the Florida Building Code, Plumbing shall apply to the installation, Alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to Florida Fire Prevention Code, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repair, Alteration or removal of fire suppression, Automatic Sprinkler Systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation Shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the Repair,Alteration, change of occupancy,Addition to and relocation of existing buildings. 4 Page 914 of 1299 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever, the Building Official is mentioned in the code, it is also intended to mean the Building Official's designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design,construction,erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities,juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or 5 Page 915 of 1299 any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Family mausoleums not exceeding 250 square feet (23 mz) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k)A building or structure having less than 1,000 square feet(93 mz)which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 6 Page 916 of 1299 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes,facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7.The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 7 Page 917 of 1299 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a.Addition, alteration,or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 8 Page 918 of 1299 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures.The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 9 Page 919 of 1299 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official Or Building Code Administrator. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 103.4 Restrictions on employees. (Reserved). SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review Construction Documents and issue Permits for the erection, and Alteration, demolition and moving of buildings and structures,and service systems, inspect the premises forwhich such Permits have been issued and enforce compliance with the provisions of this code. 10 Page 920 of 1299 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, Repair,Alteration, Addition or other improvement of existing buildings or structures located in Flood Hazard Areas, the Building Official shall determine if the proposed work constitutes substantial improvement or Repair of Substantial Damage. Where the Building Official determines that the proposed work constitutes Substantial Improvement or Repair of Substantial Damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of_records.The Building Official shall keep official records of applications received, Permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code,while acting forthe jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or 11 Page 921 of 1299 criminally rendered liable persona Ilyand is hereby relieved from personal liabiIityfor any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings.The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices Approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless Approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials, design and methods of construction and equipment.The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been Approved.An alternative material, design or method of construction shall be Approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, Fire Resistance, durability and 12 Page 922 of 1299 safety. Where the alternative material, design or method of construction is not Approved, the Building Official shall respond in writing, stating the reasons why the alternative was not Approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from Approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods,the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an Approved Agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required. Any contractor, owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building, tenancy or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements, flood resistant elements, site drainage elements, the installation of which is regulated by this code or Part III, Chapter 2, Article IV of the BBFL Code of Ordinance, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s). 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable.The permit application shall contain a general description of the parameters of work intended to be performed during the year. 13 Page 923 of 1299 105.1.2 Annual Facility permit records. The person to whom an annual Permit is issued shall keep a detailed record of Alterations made under such annual Permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. The Building Official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance. As Determined by The Building Official, Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 14 Page 924 of 1299 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of Approved portable electrical equipment to Approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas, except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems: A Permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 15 Page 925 of 1299 7. Portable self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings. This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the Permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required Means Of Egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition to, Alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage, drain leader,gas, soil,waste,vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A Permit shall not be required for the installation,Alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a Permit, the applicant shall first file an application therefore in writing on a form furnished by the Division of Building Safety for that purpose. 16 Page 926 of 1299 Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include, but are not limited to, e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application.The Building Official shall examine or cause to be examined applications for Permits and amendments thereto within a reasonable time after filing. If the application or the Construction Documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Official shall issue a Permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the Building Official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair,or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 17 Page 927 of 1299 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000.This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one,two,three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1:When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump.The six heat pumps are connected to a single water cooling tower.The cost of the entire heating, ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)). Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than $125,000; and 18 Page 928 of 1299 2.a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units; or c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity, or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a Permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 6 months (180 days) period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a Permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension shall be requested in writing prior to the abandonment date,with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 19 Page 929 of 1299 105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.You have applied for a permit under an exemption to that law.The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be issued by the Building Official for the construction, alteration, or relocation of any building, structure, or system impacting any street, alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 105.4 Conditions of the permit.The issuance or granting of a Permit shall not be construed to be a Permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid.The issuance of a Permit based on Construction Documents and other data shall not prevent the Building Official from requiring the correction of errors in the Construction Documents and other data. The Building Official is also authorized to prevent 20 Page 930 of 1299 occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months (180 Days) after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months (180 Days) after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within six months (180 days) from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired for more than six months (180 Days) shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights,the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code requirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. 21 Page 931 of 1299 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7) and 489.503(6), Florida Statutes. 3.) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section, the term "close" means that the requirements of the permit have been satisfied. 105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all requirements for completion as listed in Section 110. 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations-Construction Industry Licensing Board (CILB) or Palm Beach County Construction Industry Licensing Board (CILB), as applicable, and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,or the construction,erection,alteration, modification, repair,or demolition of building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or 22 Page 932 of 1299 inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 105.6.1 Arm's Length-Purchaser-Pursuant to Section 553.79(16), Florida Statutes,a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However, the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3 Misrepresentation of application.The Building Official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.4 Violation of code provisions.The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The building Permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos.The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 23 Page 933 of 1299 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used,to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided.The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenevera permit is issued in reliance upon an affidavit orwheneverthe work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical 24 Page 934 of 1299 codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c)This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 25 Page 935 of 1299 2. Inspecting a physically nonadjacent portion of a building, structure,or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section, the term: (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or existing low-voltage electric fence, and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. (c) "Low-voltage electric fence" means an alarm system, as defined ins.489.505,that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of law, this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project, and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76, Current Edition. 26 Page 936 of 1299 (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than $40 per label per project per unit.The local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: 27 Page 937 of 1299 UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customer's Name Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above. I certify that all of the foregoing information is true and accurate. (Signature of Owner, Tenant, Contractor, or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards. If a low-voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. 28 Page 938 of 1299 (11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each Story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of Construction Documents, statement of Special Inspections, geotechnical report and other data shall be submitted in two or more sets with each Permit application. The Construction Documents shall be prepared by a Registered Design Professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional Construction Documents to be prepared by a Registered Design Professional. Electronic media documents shall be submitted when required by the Building Official, in a format acceptable to the Building Official, and may require only one set of submittals. Exception: The Building Official is authorized to waive the submission of Construction Documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of Construction Documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulatingthe practice of architecture or interior design as provided for in Chapter481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or 29 Page 939 of 1299 engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction Documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction Documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when Approved by the Building Official. Construction Documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The Building Official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The Building Official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program.This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the Fire Protection System(S) shall be submitted to indicate conformance to this code and the Construction Documents and shall be Approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 30 Page 940 of 1299 107.2.3 Means of egress. The Construction Documents shall show in sufficient detail the location, construction, size and character of all portions of the Means Of Egress including the path of the Exit Discharge to the Public Way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the Construction Documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction Documents for all buildings shall describe the Exterior Wall Envelope in sufficient detail to determine compliance with this code.The Construction Documents shall provide details of the Exterior Wall Envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The Construction Documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the Construction Documents maintain the weather resistance of the Exterior Wall Envelope.The supporting documentation shall fully describe the Exterior Wall system which was tested,where applicable,as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation, and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions. (CA7834) 107.2.6 Site plan. The Construction Documents submitted with the application for Permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site,distances from Lot Lines,the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and Design Flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for Permit is for Alteration or repair or when otherwise warranted. 107.2.6.1 Design flood elevations. Where Design Flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite.These plans must be open to inspection by the Building Official or a duly authorized representative, as required by the Florida Building Code. 31 Page 941 of 1299 107.2.7 Structural information.The Construction Documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the Building Official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a Permit, the Construction Document shall be Approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of Construction Documents so reviewed shall be retained by the Building Official.The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Construction Documents, construction or designated occupancy of a structure for which a lawful Permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. (See also Section 105.13 of this code.)The Building Official is authorized to issue a Permit for the construction of foundations or any other part of a building or structure before the Construction Documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such Permit for the foundation or other parts of a building or structure shall 32 Page 942 of 1299 proceed at the holder's own risk with the building operation and without assurance that a Permit for the entire structure will be granted. This provision only applies to the Florida Building Code; all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a Registered Design Professional, the Building Official shall be authorized to require the Owner or the owner's authorized agent to engage and designate on the building Permit application a Registered Design Professional who shall act as the Registered Design Professional In Responsible Charge. If the circumstances require, the Owner or the owner's authorized agent shall designate a substitute Registered Design Professional In Responsible Charge who shall perform the duties required of the original Registered Design Professional In Responsible Charge. The Building Official shall be notified in writing by the Owner or the owner's authorized agent if the Registered Design Professional In Responsible Charge is changed or is unable to continue to perform the duties. The Registered Design Professional In Responsible Charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official.The Registered Design Professional in Responsible Charge shall list the deferred submittals on the Construction Documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the Registered Design Professional In Responsible Charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been Approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 33 Page 943 of 1299 107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building Official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations;flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction, as applicable 34 Page 944 of 1299 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope (including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations (if requested) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofi ng 35 Page 945 of 1299 Deck coatings Insulation Building envelope portions of the Energy Code(including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Energy Code submittal 14. Swimming pools: Barrier requirements Spas Wading pools 15. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding 36 Page 946 of 1299 Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 37 Page 947 of 1299 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 38 Page 948 of 1299 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Egress Egress window size and location stairs construction requirements 6. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables, and structural calculations (if required) 39 Page 949 of 1299 Termite protection Design loads Wind requirements Building envelope Structural calculations (if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 8. Accessibility requirements: show/identify accessible bath 9. Impact resistant coverings or systems 10. Residential Energy Code submittal (including calculation and mandatory requirements) 11. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 12. Mechanical: Equipment and location, Duct systems 13. Plumbing: Plumbing riser 14. Gas: Gas piping Venting Combustion air Chimneys and vents Appliances 40 Page 950 of 1299 Type of gas Fireplaces LP tank location Riser diagram/shutoffs 15. Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc.; 2. Reroofs (as determined by Building Official); 3. Minor electrical, plumbing and mechanical repairs; 4. Annual maintenance permits; 41 Page 951 of 1299 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the Approved Construction Documents, and any changes made during construction that are not in compliance with the Approved Construction Documents shall be resubmitted for approval as an amended set of Construction Documents. 107.5 Retention of construction documents. One set of Approved Construction Documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure,electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances.The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14). On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.7917(a). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. 42 Page 952 of 1299 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General.The Building Official is authorized to issue a Permit for temporary structures and temporary uses. Such Permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued.The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such Permit for a temporary structure or use and to order the temporary structure to be removed and the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A Permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5.The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30%of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical,gas, mechanical, and plumbing systems or Alterations requiring a Permit, a fee for each Permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: 43 Page 953 of 1299 • Permits; • Plans examination; • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes, the applicant for a Permit shall provide an estimated Permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. If, in the opinion of the Building Official, the valuation is underestimated on the application, the Permit shall be denied, unless the applicant can show detailed estimates to meet the approval. Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress. Final building Permit valuation shall be set by the Building Official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 44 Page 954 of 1299 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required Permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied forwithin one (1) business day and any unreasonable delay in obtaining those permit(s)shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees. The payment of the fee for the construction, Alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building Permit shall not relieve the applicant or holder of the Permit from the payment of other fees that are prescribed by law. 109.6 Refunds. All permit fees under this section are non-refundable and non-transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a Permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed and provided with access for inspection purposes until Approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner or the owner's authorized agent to cause the work to remain exposed and provided with access for inspection purposes. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (CA 7697) 110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or 45 Page 955 of 1299 engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements of the building to adequately attest to its compliance. Such inspectors shall be a®registered architect, or engineer. An employee of the architect or engineer licensed ,under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the Building Official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall-submit a certificate of compliance to the Building Official, stating that the work was,done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format—acceptable to the Building Official, an affidavit for certification of inspection may be_accepted from the permit qualifier; when accompanied by extensive photographicevidence of sufficient detail to demonstrate code compliance.The photographic evidence shall be comprehensive in the display of the installation and/or construction—and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs-are found to be insufficient by the Building Official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 46 Page 956 of 1299 110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction which require inspection by the local jurisdiction-under the requirements of 44CFR59 and-44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Section 311.1 of the Florida Building Code, Plumbing. 110.2 Preliminary inspection. Subject to the limitations of Florida Statutes Chapter 553.79(20), before issuing a Permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected, and required reinforcing steel is in place. The Foundation inspection shall at a minimum include the following building components: • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories 47 Page 957 of 1299 and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the Authority having Jurisdiction.Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article X, Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry-in material. Exception: ring shank nails shall be bent over and a new fastener installed. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: 48 Page 958 of 1299 • Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: • Exterior wall coverings and veneers • Soffit coverings 4. Roofing inspection. Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings (including in-progress) • Flashing • Sheathing 4.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 5. Energy insulation, thermal and ignition barriers 6. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly, unless otherwise determined by the Building Official. 7. Final inspection.To be made after the building, including all sub-trade inspections, are completed and ready for occupancy. 7.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 7.2. A final survey prepared and certified by a registered surveyor may be required at time of final inspection, when applicable. 49 Page 959 of 1299 8. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection, including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 9. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions sha I I exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 10. Manufactured building inspections.The division of building safety shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities(see Section 423.27.20 of this code). 11.Where impact-resistant coverings or impact resistant systems are installed,the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 50 Page 960 of 1299 2. Rough-in inspection.To be made after the roof, framing, fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection.To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof, framing, fire blocking and bracing is in place and all soil,waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection.To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 51 Page 961 of 1299 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or anyfixtures organ appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, Fire Blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are Approved. 52 Page 962 of 1299 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious- moisture-barrier system shall not be concealed until inspected and approved. 110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, Smoke Barriers and smoke partition shall not be concealed from view until inspected and Approved. 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Fbc, Energy Conservation and-confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient,duct system R-value,and HVAC, lighting,electrical and water-heating equipment efficiency. 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.10 Special inspections. Reserved. 110.3.11 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the Building Official or designee shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 110.3.12 Final inspection. The final inspection shall be made after all work required by the building Permit(S) is completed. 110.3.12.1 Flood hazard documentation. If located in a Flood Hazard Area, shall be submitted to the Building Official prior to the final inspection. 53 Page 963 of 1299 110.3.12.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.13 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.14 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1.The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of Approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building Permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the Permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the Permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified,the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.The purpose of the structural inspection plans is to provide specific inspection procedures and 54 Page 964 of 1299 schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents,and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the 55 Page 965 of 1299 responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety.The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning, hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 56 Page 966 of 1299 Exception: Certificates of occupancy are not required for work exempt from Permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1.The building Permit number. 2.The address of the structure. 3.The name and address of the Owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the Building Official. 8. The edition of the code under which the Permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design Occupant Load. 12. If an Automatic Sprinkler System is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building Permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in 57 Page 967 of 1299 error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints. The Building Official is authorized to require the submittal of digital shape (PDF) files, in a specific format, depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a Permit is required, until released by the Building Official. 112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 58 Page 968 of 1299 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Building Official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 59 Page 969 of 1299 113.3 Powers.The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 60 Page 970 of 1299 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision.Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board.Any member of the Board,the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the Building Official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public 61 Page 971 of 1299 inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation.The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, Alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a Permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the Approved Construction Documents or directive of the Building Official, or of a Permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 62 Page 972 of 1299 114.5 Enforcement. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the Owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official. When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or 63 Page 973 of 1299 plumbing system A written notice Of Violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition,a copy of the notice, as outlined in this sub-section,shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished,or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number)within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 64 Page 974 of 1299 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official. The Building Official shall post at each entrance to the building a placard stating:THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BYTHE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the Building Official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the opinion of the Building Official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 65 Page 975 of 1299 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 66 Page 976 of 1299 TE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE i i n ��� ORDINANCE NO. EFFECTIVE Deee r3-!,2417December 31, 2020 BEGINNING WITH PERMIT NO. nn0l-0001 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561)742-6350 Office (561)742-6357 Fax This document can be downloaded online—at no charge—fay visiting the'Farms&Applifotrans"sectron of the Burfdng Dimon page on the City of Boynton Beach we s4e at wa wwu,faoynton-faeaeh.ore� 1 Page 977 of 1299 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 2429 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 4443 Section 110 INSPECTIONS 4445 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES iW58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 6&62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 6463 Section 117 VARIANCES IN FLOOD HAZARD AREAS 66 Section 118 WIND LOADS &766 Section 119 SEVERABILITY 66 2 Page 978 of 1299 SECTION 101 GENERAL 101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as"this code." 101.2 Scope. The provisions of this code shall apply to the construction, Alteration, relocation, enlargement, replacement,Repair,equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family Dwellings and multiple single-family Dwellings(Townhouses) not more than three Stories above Grade Plane in height with a separate Means Of Egress and their accessory structures not more than three stories above grade plane in height,shall comply with the Florida Building Code,Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code,Building. 101.3 Intent.The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, Means of Egress facilities, stability, sanitation,adequate light and ventilation,energy conservation,and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building,system or plan by this jurisdiction,under the requirements of this code,shall not be construed in any court as a warranty of the physical condition of such building,system or plan or their adequacy. This jurisdiction 3 Page 979 of 1299 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.Further,no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes,as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas.The provisions of the Florida Building Code,Fuel Gas Shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code.These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems,incinerators and other energy-related systems. 101.4.3 Plumbing.The provisions of the Florida Building Code,Plumbing shall apply to the installation, Alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 101.4.5 Fire prevention.For provisions related to Florida Fire Prevention Codef re. e v^^ ieR,refer to the Florida Fire Prevention Code.The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage,handling or use of structures,materials or devices;from conditions hazardous to life,property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repair,Alteration or removal of fire suppression,Automatic Sprinkler Systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation Shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings.The provisions of the Florida Existing Building Code shall apply to matters governing the Repair,Alteration,change of occupancy,Addition to and relocation of existing buildings. 4 Page 980 of 1299 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,Florida Building Code. Building,and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code,Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention.City of Boynton Beach Land Development Regulations(LDR)shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4,Article X,Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever,the Building Official is mentioned in the code,it is also intended to mean the Building Official's designee,wherever applicable. SECTION 102 APPLICABILITY 102.1 General.Where there is a conflict between a general requirement and a specific requirement,the specific requirement shall be applicable.Where,in any specific case,different sections of this code specify different materials,methods of construction or other requirements,the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to,zoning requirements,land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design,construction,erection, alteration,modification,repair or demolition of public or private buildings,structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally,a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities,juvenile justice facilities,or state universities,community colleges,or public education facilities,as provided by law. 102.2 Building.The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building,structure or facility or floating residential structure,or 5 Page 981 of 1299 any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations,repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building.The following buildings, structures and facilities,except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a)Building and structures specifically regulated and preempted by the federal government. (b)Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d)Temporary buildings or sheds used exclusively for construction purposes. (e)Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513,Florida Statutes)relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.Permits shall be required for structural support and tie down,electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f)Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation,transmission,or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production,or any sound-recording equipment used in such production,on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.As used in this paragraph,the term"chickee"means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials,and that does not incorporate any electrical,plumbing,or other non-wood features. (i) Family mausoleums not exceeding 250 square feet(23 m2)in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite,marble,or reinforced concrete. 0)Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k)A building or structure having less than 1,000 square feet(93 m2)which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1,2011,if the building or structure: 1.Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map;and 6 Page 982 of 1299 3.Is not connected to an off-site electric power or water supply. (1)Service providers of water,sewer,storm,gas,cable,telephone,or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80,Florida Statutes,facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395,Florida Statutes,and Part II of Chapter 400,Florida Statutes,and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved,provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection;and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state,if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7.The requirements of Florida Building Code,Existing Building Volume,are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 7 Page 983 of 1299 1.At its own option,each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a.Addition,alteration,or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure,whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed$5,000 within any 12-month period. c.Building and inspection fees. 2.However,the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas,as defined in the code,unless the enforcement district or local enforcement agency has determined that the work,which is otherwise exempt,does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3.Each code exemption,as defined in sub-subparagraphs 1a,1b,and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4.However,each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation.No added capacity,system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one-or two-family dwelling. Exception:Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number,shall be construed to refer to such chapter,section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 8 Page 984 of 1299 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards,the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4,the provisions of this code or the Florida Codes listed in Section 101.4,as applicable,shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity.In the event that any part or provision of this code is held to be illegal or void,this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures.The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change,except as is specifically covered in this code,the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code,as applicable,for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change,except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code(prior to March 1,2002),the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code(after March 1,2002),the wind speed map of the Florida Building Code shall be applicable. (3)A relocated building shall comply with the flood hazard area requirements of the new location,if applicable. 9 Page 985 of 1299 102.8 Existing mechanical equipment.An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency.The Division of Building Safety is hereby created and the official in charge thereof shall be known as the B4uilding Oefficial Or Building Code Administrator. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority,the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties,see 101.4.4 Property maintenance.For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 103.4 Restrictions on employees.(Reserved). SECTION 104 DUTIES AND POWERS OF THE-BUILDING OFFICIAL 104.1 General.The Building Official is hereby authorized and directed to enforce the provisions of this code.The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions.Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review Construction Documents and issue Permits for the erection, and Alteration, demolition and moving of buildings and structures,and service systems,inspect the premises for which such Permits have been issued and enforce compliance with the provisions of this code. 10 Page 986 of 1299 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.For applications for reconstruction,rehabilitation,Repair,Alteration, Addition or other improvement of existing buildings or structures located in Flood Hazard Areas,the Building Official shall determine if the proposed work constitutes substantial improvement or Repair of Substantial Damage. Where the Building Official determines that the proposed work constitutes Substantial Improvement or Repair of Substantial Damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections.The Building Official shall make all of the required inspections,or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification.The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry.Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe,dangerous or hazardous,the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code,provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied,the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.If entry is refused,the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry,no owner or occupant or any other persons having charge,care or control of any building, structure,or premises shall fail or neglect,after proper request is made as herein provided,to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of records.The Building Official shall keep official records of applications received,Permits and certificates issued,fees collected,reports of inspections,and notices and orders issued.Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code,while acting for thejurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or 11 Page 987 of 1299 criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings.The Building Official or any subordinate shall not be liable for cost in any action,suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials,equipment and devices Approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment.The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless Approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code,the Building Official shall have the authority to grant modifications for individual cases,upon application of the owner or owner's representative,provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility,life and fire safety,or structural requirements.The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas.The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials,design and methods of construction and equipment.The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been Approved.An alternative material,design or method of construction shall be Approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality,strength,effectiveness,Fire Resistance,durability and 12 Page 988 of 1299 safety. Where the alternative material, design or method of construction is not Approved,the Building Official shall respond in writing,stating the reasons why the alternative was not Approved. 104.11.1 Research reports.Supporting data,where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from Approved sources. 104.11.2 Tests.Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code,or in order to substantiate claims for alternative materials or methods,the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction.Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods,the Building Official shall approve the testing procedures.Tests shall be performed by an Approved Agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code.Any requirements necessary for strength,stability or proper operation of an existing or proposed building,structure,electrical,gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes,shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required.Any contractor,owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct,enlarge,alter,repair,move,demolish,or change the occupancy of a building,tenancy or structure,or to erect, install,enlarge,alter, repair,remove,convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements,flood resistant elements, site drainage elements,the installation of which is regulated by this code or Part III,Chapter 2,Article IV of the BBFL Code of Ordinance,or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s).A^y ewrier^ 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical,gas, mechanical or plumbing or interior nonstructural office system(s),the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations.The Building Official shall be notified of major changes and shall retain the 13 Page 989 of 1299 right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall be obtained for each facility and for each construction trade,as applicable.The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records.The person to whom an annual Permit is issued shall keep a detailed record of Alterations made under such annual Permit.The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated.The Building Official is authorized to revoke such permit,if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12,Florida Statutes,a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct,develop,or modify a public swimming pool without proof of application,whether complete or incomplete,for an operating permit pursuant to Section 514.031,Florida Statutes.A certificate of completion or occupancy may not be issued until such operating permit is issued.The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553,Florida Statutes.The local enforcing agency may confer with the Department of Health,if necessary,but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit.Exemptions from Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance.As Determined by The Building Official, Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00,providing,however,that such work will not adversely affect the structural integrity, fire rating,exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 14 Page 990 of 1299 3. Temporary motion picture,television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one-and two-family dwellings,but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies,but they may be subject to Zoning permits. 6. In the case of roofing repairs,a permit may not be required for work having a value of less than $500,unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of Approved portable electrical equipment to Approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions,but do apply to equipment and wiring for a power supply and the installations of towers and antennas-_except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems:A Permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1.Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1.Portable heating appliance. 2.Portable ventilation equipment. 3.Portable cooling unit. 15 Page 991 of 1299 4.Steam,hot or chilled water piping within any heating or cooling equipment regulated by this code. 5.Replacement of any part that does not alter its approval or make it unsafe. 6.Portable evaporative cooler. 7.Portable s-Self-contained refrigeration system containing 10 pounds(5 kg)or less of refrigerant and actuated by motors of 1 horsepower(746 W)or less. 8. The installation,replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures and the removal and reinstallation of water closets,provided such repairs do not involve or require the replacement or rearrangement of valves,pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings_This does not include water heaters,bathtubs,or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation,the Permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official,including the work address, nature of emergency,and scope of work immediately,or by the next business day. 105.2.2.Minor repairs.Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof,the removal or cutting of any structural beam or load-bearing support,or the removal or change of any required Means Of Egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition to, Alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety,and such repairs shall not violate any of the provisions of the technical codes. 16 Page 992 of 1299 105.2.3 Public service agencies.A Permit shall not be required for the installation,Alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit.To obtain a Permit,the applicant shall first file an application therefore in writing on a form furnished by the D4ivision of 134uilding Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board,if applicable, and must comply with the requirements of Section 713.135(5)and(6),Florida Statutes. Each application shall be inscribed with the date of application,and the code in effect as of that date.For a building permit for which an application is submitted prior to the effective date of the Florida Building Code,the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1,2017,a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include,but are not limited to,e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application.The Building Official shall examine or cause to be examined applications for Permits and amendments thereto within a reasonable time after filing. If the application or the Construction Documents do not conform to the requirements of pertinent laws,the Building Official shall reject such application in writing,stating the reasons therefore.If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto,the Building Official shall issue a Permit therefore as soon as practicable. When authorized through contractual agreement with a school board,in acting on applications for permits,the Building Official shall give first priority to any applications for the construction of,or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings,structures,and facilities of state universities, state colleges,and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction,erection,alteration,modification, repair,or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is 17 Page 993 of 1299 to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471,Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than$125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation,addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating,ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than$125,000.This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one,two,three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system.Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1:When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit(system)is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump.The six heat pumps are connected to a single water cooling tower.The cost of the entire heating,ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical,electrical,or plumbing document for any new building or addition which includes a medical gas,oxygen,steam,vacuum,toxic air filtration,halon,or fire detection and alarm system which costs more than$5,000. 18 Page 994 of 1299 5. Electrical documents.(See Florida Statutes,Section 471.003(2)(h)).Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than$125,000;and 2.a. Requires an aggregate service capacity of greater than 600 amperes(240 volts)on a residential electrical system or greater than 800 amperes(240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units;or c. Requires a heating,ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity,or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed,dated,and stamped such document as provided in Section 471.025,Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514,Florida Statutes 105.3.2 Time limitation of application. An application for a Permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing,or for any 6 months J180 daysl period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a Permit has been issued;except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension shall be requested in writing prior to the abandonment date,with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction,erection, alteration,modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the 19 Page 995 of 1299 application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes,Workers'Compensation,every employer shall,as a condition to receiving a building permit,show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38,Florida Statutes. 105.3.6 Asbestos removal contractor exemption.Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving,removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building,the building is not for sale or lease,and the work is performed according to the owner-builder limitations provided in this paragraph.To qualify for exemption under this paragraph,an owner must personally appear and sign the building permit application.The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.You have applied for a permit under an exemption to that law.The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license.You must supervise the construction yourself.You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease,or the building is a farm outbuilding on your property.If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption.You may not hire an unlicensed person as your contractor.Your work must be done according to all local,state and federal laws and regulations which apply to asbestos abatement projects.It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings.Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition,provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit,specifically,without limitation,date of execution,building owner or dealer,and anticipated date of completion. However,the construction activity must commence within 6 months of the contract's execution.The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way.A permit shall not be issued by the Building dfficial for the construction, alteration,or relocation of any building,structure,or system impacting any street,alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 20 Page 996 of 1299 I--- 105.4 Conditions of the permit.The issuance or granting of a Permit shall not be construed to be a Permit for,or an approval of,any violation of any of the provisions of this code or of any other ordinance of any other federal,state and local laws,ordinances,codes and regulations.Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal,state and local laws,ordinances,codes and regulations shall not be valid.The issuance of a Permit based on Construction Documents and other data shall not prevent the Building Official from requiring the correction of errors in the Construction Documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal,state and local laws,ordinances,codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate,cancel,alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans,construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months(180 Days)after its issuance,or if the work authorized by such permit is suspended or abandoned for a period of six months(180 Days)after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment,a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit,or revalidation(renewal)of the original permit,is not obtained within six months 180 daysl from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction,order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant,in writing,one or more extensions of time,for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated,prior to expiration. 21 Page 997 of 1299 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority.There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration.Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired far more than six months(180 Days)shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights,the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code _reguirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. -,Rless the v0ark 9-R the site is eemprierieed withiR 199 days after 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a Formatted:Font:Bold property owner, regardless of whether the property owner is the one listed on the application for the building permit,may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7)and 489.503(6),Florida Statutes. 3._) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency,the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material,design or method of construction. 22 Page 998 of 1299 4.)A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection,if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section,the term `°close" means that the requirements of the permit Formatted:Font:Bold have been satisfied. 105.5.1.2 For the purposes of this subsection,an open permit shall mean a permit that has not satisfied Formatted:Font:Bold all requirements for completion as listed in Section f^V^;^,.t r^,., pew— —at has beeR the QJW;PiG1 @ii r wfs fer^ pleb^r as defined cam,495.544. after(40.1 years ef expipatieR wheR Re safety hazard exists and Re Geale vielat;eRs have beeR previeusly W„4-,� 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations-Construction Industry Licensing Board(CILB)or Palm Beach County Construction Industry Licensing Board(CILB),as applicable,and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,or the construction,erection,alteration,modification,repair,or demolition of a building,is found by the local enforcing agency to be not in compliance with the Florida Building Code,the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based,and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 23 Page 999 of 1299 105.6.1Arms Length Purchaser-Pursuant to Section 553.79(16), Florida Statutes,a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the ermit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However,the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code,when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.42 Violation of code provisions.The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction,erection,alteration,repair,moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit.The building Permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement.In accordance with Section 713.135,Florida Statutes,when any person applies for a building permit,the authority issuing such permit shall print on the face of each permit card in no less than 14-point,capitalized,boldfaced type:"WARNING TO OWNER:YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos.The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003,Florida Statutes,and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption"of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,providing a copy for the person the permit is issued to and another copy for the building permit files.The treatment certificate shall provide the product used,identity of the applicator, 24 Page 1000 of 1299 time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used,to establish a verifiable record of protective treatment.If the soil chemical barrier method for termite prevention is used,final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection.A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided.The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance.Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection.This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit forthe entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings,show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains,loads and stability.Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official,are hazardous or complex,the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work.In addition,they shall be responsible for conformity to the permit,provide copies of inspection reports as inspections are performed,and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468,Florida Statutes,and that any person conducting inspections is qualified as a building 25 Page 1001 of 1299 inspector under Part III of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official(See also Section 107.6). Exception:Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection.When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is$50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of$750,000 or more, or,if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within this Code or Florida Building Code,Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a)A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one-or two-family residential building permit the inspection of any portion of a building,structure,or real property that is not directly impacted by the construction,erection,alteration,modification,repair,or demolition of the building,structure,or real property for which the permit is sought. (b)This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2.A change of occupancy as defined in the Florida Building Code. 3.A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4.A historic building as defined in the Florida Building Code. (c)This subsection does not prohibit a local enforcing agency,or any local building code administrator, inspector,or other official or entity,from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph(a). 2.Inspecting a physically nonadjacent portion of a building,structure,or real propertythat is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph(a). 26 Page 1002 of 1299 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building,structure,or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph(a). 4.Inspecting any portion of a building,structure,or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30,Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section,the term: (a) "Contractor"means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505,that is hardwired and operating at low voltage,as defined in the National Electrical Code Standard 70,Current Edition,or a new or existing low-voltage electric fence,and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems,access controls,battery recharging devices,and video cameras. (c) "Low-voltage electric fence"means an alarm system,as defined ins.489.505,that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system"means a burglar alarm system or smoke detectorthat is not hardwired. (2) Notwithstanding any provision of law,this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency.However,a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project,and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No.60335-2-76,Current Edition. (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence.The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. 27 Page 1003 of 1299 (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than$40 per label per project per unit.The local enforcement agency may not require the payment of any additional fees,charges,or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label.A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project.However,a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (8)to the local enforcement agency within 14 days after completing the project.A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner,tenant, contractor,or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customers Name 28 Page 1004 of 1299 Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above.I certify that all of the foregoing information is true and accurate. (Signature of Owner,Tenant,Contractor,or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards.If a low-voltage alarm system project fails an inspection,the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county,district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance,inspection,or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489,Florida Statutes. 29 Page 1005 of 1299 SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted.Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf(2.40 kN/m2),such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each Story in which they apply,using durable signs.It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy.A certificate of occupancy required by Section 111 shall not be issued until the floor load signs,required by Section 106.1,have been installed. 106.3 Restrictions on loading.It shall be unlawful to place,or cause or permit to be placed,on any floor or roof of a building,structure or portion thereof,a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of Construction Documents, statement of Special Inspections,geotechnical report and other data shall be submitted in two or more sets with each Permit application.The Construction Documents shall be prepared by a Registered Design Professional where required by Chapter 471, Florida Statutes&61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional Construction Documents to be prepared by a Registered Design Professional. Electronic media documents shall be submitted when required by the Building Official,in a format acceptable to the Building Official,and may require only one set of submittals. Exception:The Building Official is authorized to waive the submission of Construction Documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of Construction Documents is not necessary to obtain compliance with this code. If the design professional is an architect,interior designer,or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481,Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes,then he or she shall affix his or her official seal to said drawings,specifications and accompanying data,as required by Florida Statute. 107.2 Construction documents. Construction Documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. 30 Page 1006 of 1299 Construction Documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when Approved by the Building Official. Construction Documents shall be of sufficient clarity to indicate the location,nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information,in the form of notes or otherwise,as to the quality of materials,where quality is essential to conformity with the technical codes. Such information shall be specific,and the technical codes shall not be cited as a whole or in part, nor shall the term"legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data.The Building Official may require details,computations,stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings,specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal,signature and date as state law requires. 107.2.1.3 Quality of building plans.Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper,cloth or other acceptable medium.The Building Official may establish, through Departmental policy,other standards for plans and specifications,including electronic format,in order to provide conformity to its electronic permit review and record retention program.This policy may include such things as minimum size,shape,contrast,clarity,or other items related to records management.Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings.Shop drawings for the Fire Protection System(s)shall be submitted to indicate conformance to this code and the Construction Documents and shall be Approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The Construction Documents shall show in sufficient detail the location, construction, size and character of all portions of the Means Of Egress including the path of the Exit Discharge to the Public Way in compliance with the provisions of this code.In other than occupancies in Groups R-2,R-3,and I-1,the Construction Documents shall designate the number of occupants to be accommodated on every floor,and in all rooms and spaces. 31 Page 1007 of 1299 107.2.4 Exterior wall envelope. Construction Documents for all buildings shall describe the Exterior Wall Envelope in sufficient detail to determine compliance with this code.The Construction Documents shall provide details of the Exterior Wall Envelope as required, including flashing, intersections with dissimilar materials,corners,end details,control joints,intersections at roof,eaves or parapets,means of drainage,water-resistive membrane and details around openings. The Construction Documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the Construction Documents maintain the weather resistance of the Exterior Wall Envelope.The supporting documentation shall fully describe the Exterior Wall system which was tested,where applicable,as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.(CA7834) 107.2.5-6 Site plan.The Construction Documents submitted with the application for Permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site,distances from Lot Lines,the established street grades and the proposed finished grades and,as applicable,flood hazard areas,floodways,and Design Flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition,the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for Permit is for Alteration or repair or when otherwise warranted. 107.2.66.1 Design flood elevations.Where Design Flood elevations are not specified,they shall be established in accordance with Section 1612.3.1.Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.65.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite.These plans must be open to inspection by the Building Official or a duly authorized representative,as required by the Florida Building Code. 107.2.76 Structural information.The Construction Documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 32 Page 1008 of 1299 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection,assembly or construction at the site.Erection,assembly (including utility crossover connections)and construction at the site are subject to local permitting and inspections.Photocopies of plans approved according to FAC 61-41.009,Florida Administrative Code,shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2.Industrial construction on sites where design,construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt,subject to approval by the Building Official,from review of plans and inspections,providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a Permit, the Construction Document shall be Approved,in writing or by stamp,as"Reviewed for Code Compliance." One set of Construction Documents so reviewed shall be retained by the Building Official.The other set shall be returned to the applicant,shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Construction Documents, construction or designated occupancy of a structure for which a lawful Permit has been heretofore issued or otherwise lawfully authorized,and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval.(See also Section 105.13 of this code.)The Building Official is authorized to issue a Permit for the construction of foundations or any other part of a building or structure before the Construction Documents for the whole building or structure have been submitted,provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code.The holder of such Permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a Permit for the entire structure will be granted.This provision only applies to the Florida Building Code;all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge.Where it is required that documents be prepared by a Registered Design Professional,the Building Official shall be authorized to require the Owner or 33 Page 1009 of 1299 the owner's authorized agent to engage and designate on the building Permit application a Registered Design Professional who shall act as the Registered Design Professional In Responsible Charge. If the circumstances require, the Owner or the owner's authorized agent shall designate a substitute Registered Design Professional In Responsible Charge who shall perform the duties required of the original Registered Design Professional In Responsible Charge.The Building Official shall be notified in writing by the Owner or the owner's authorized agent if the Registered Design Professional In Responsible Charge is changed or is unable to continue to perform the duties. The Registered Design Professional In Responsible Charge shall be responsible for reviewing and coordinating submittal documents prepared by others,including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals.For the purposes of this section,deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official.The Registered Design Professional in Responsible Charge shall list the deferred submittals on the Construction Documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the Registered Design Professional In Responsible Charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building.The deferred submittal items shall not be installed until the deferred submittal documents have been Approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471,Florida Statutes,or Chapter 481 Florida Statutes,by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471,481 or 489,Florida Statutes. 107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building Official shall include the following minimum criteria and documents:a floor plan;site plan;foundation plan;floor/roof framing plan or truss layout;all fenestration penetrations;flashing;and rough opening dimensions;and all exterior elevations: Commercial Buildings: 34 Page 1010 of 1299 Building 1.Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve(PIV) Set back/separation(assumed property lines) Location of specific tanks,water lines and sewer lines Flood hazard areas,flood zones,and design flood elevations 2.Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3.Minimum type of construction shall be determined(see Table 503). 4.Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5.Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6.Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction,as applicable 7.Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress 35 Page 1011 of 1299 Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8.Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope(including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations(if requirerequested) Foundation Flood requirements in accordance with Section 1612,including lowest floor elevations,enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9.Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating(mechanical) Roofing Deck coatings Insulation Building envelope portions of the Energy Code(including calculation and mandatory requirements) 10.Accessibility requirements shall include the following: Site requirements 36 Page 1012 of 1299 Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11.Interior requirements shall include the following: Interior finishes(flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12.Special systems: Elevators Escalators Lifts 13.Energy Code submittal 14-3.Swimming pools: Barrier requirements Spas Wading pools 154.Location and installation details.The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code(including calculation and mandatory requirements) 2. Equipment 37 Page 1013 of 1299 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10.Location of water supply line 11.Grease traps 12.Environmental requirements 13.Plumbing riser 14.Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) 38 Page 1014 of 1299 Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10.Chimneys,fireplaces and vents 11.Appliances 12.Boilers 13.Refrigeration 14.Bathroom ventilation 15.Laboratory 16.Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 39 Page 1015 of 1299 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10.Design flood elevation 11.Gas portions of the Energy Code(including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential(one-and two-family): 1. Site requirements: Set back/separation(assumed property lines) Location of septic tanks 2. Fire-resistant construction(if required) 3.Fire 4-3. Smoke detector locations 54. Egress Egress window size and location stairs construction requirements 6�. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables,and structural calculations(if required) Termite protection Design loads Wind requirements 40 Page 1016 of 1299 Building envelope Structural calculations(if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,and flood damage-resistant materials 84.Accessibility requirements:show/identify accessible bath 9�.Impact resistant coverings or systems 108.Residential Energy Code submittal(including calculation and mandatory requirements) 118.Electrical: Electric service riser with wire sizes,conduit detail and grounding detail Complete load calculations,Panel schedules 128.Mechanical: Equipment and location,Duct systems 13-1.Plumbing: Plumbing riser 148.Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location 41 Page 1017 of 1299 Riser diagram/shutoffs latieRs 154.Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation(assumed property lines) Location of septic tanks(if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size(if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units,water heaters,etc.; 2. Reroofs(as determined by leGal j ,V; GtieR Building official); 3. Minor electrical,plumbing and mechanical repairs; 4. Annual maintenance permits; 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver;or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 42 Page 1018 of 1299 107.4 Amended construction documents. Work shall be installed in accordance with the Approved Construction Documents,and any changes made during construction that are not in compliance with the Approved Construction Documents shall be resubmitted for approval as an amended set of Construction Documents. 107.5 Retention of construction documents. One set of Approved Construction Documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work,or as required by state or local laws. 107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes.For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength,stresses,strains,loads and stability.The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure,electrical,gas,mechanical or plumbing systems a certification that the structure,electrical,gas,mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.Where the Building Official relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances.The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14).On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.791 7(a). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General.The Building Official is authorized to issue a Permitfor temporary structures and temporary uses. Such Permits shall be limited as to time of service, but shall not be permitted for more than 180 days.The Building Official is authorized to grant extensions for demonstrated cause. 43 Page 1019 of 1299 108.2 Conformance.Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power.The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued.The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting,heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such Permit for a temporary structure or use and to order the temporary structure to be removed wand the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees.A Permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Permit be released until the additional fee,if any,has been paid. 109.1.1 Other fees.A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees,water and sewer capital facility fees, City Park&Recreation fees,Fire Division fees,City Green Building Fee,Palm Beach County Impact fees and State of Florida fees.Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances.The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances.The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2,Article 1,Section 5.The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee(30%of the total Art fee)is due prior to permit issuance. ® Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.2 Schedule of permit fees.On buildings,structures,electrical,gas,mechanical,and plumbing systems Asian text,Adjust space between Asian text and numbers or Alterations requiring a Permit,a fee for each Permit shall be paid as required,in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; 44 Page 1020 of 1299 • Certificates of competency(including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations;and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes,tThe applicant for a Permit shall provide an estimated Permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural,electric,plumbing,mechanical,interior finish,relative site work,architectural and design fees, overhead and profit; excluding only land value. in^'...4— ^ ^ '^' ^^^ "Q�.°."'^" '"^ °^r^ is , If,in the opinion of the Building Official,the valuation is underestimated on the application, the Permit shall be denied,unless the applicant can show detailed estimates to meet the approval.Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress.ef the Q„ 4499 ^f{ ^r. Final building Permit valuation shall be set by the Building Official. <---------- Formatted:Space After: 0 pt,Line spacing: single,Don't 109.3.1 Exemptions. adjust space between Latin and Asian text,Don't adjust space p between Asian text and numbers Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than$10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system,and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: 45 Page 1021 of 1299 All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. <----- Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.4 Work commencing before permit issuance.Any person who commences any work on a building, Asian text,Adjust space between Asian text and numbers structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required Permit fees or as provided by local ordinance.This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one(1)business day and any unreasonable delay in obtaining those permit(s)shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees.The payment of the fee for the construction,Alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building Permit shall not relieve the applicant or holder of the Permit from the payment of other fees that are prescribed by law. 109.6 Refunds.All permit fees under this section are non-refundable and non-transferable. ® Formatted:Space After: 8 pt,Line spacing: Multiple 1.08 li, Adjust space between Latin and Asian text,Adjust space SECTION 110 between Asian text and numbers INSPECTIONS 110.1 General. Construction or work for which a Permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed^GG� and provided with access for inspection purposes until Approved.Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner or the owner's authorized agent to cause the work to remain exposed ee@& k and provided with access for inspection purposes.The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. CA 7697 110.1.1 Manufacturers and fabricators.When deemed necessary by the Building Official,he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or 46 Page 1022 of 1299 fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors,independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure,qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height;or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements_of the building to adequately attest to its compliance.Such inspectors shall be a_registered architect,or engineer.An employee of the architect or engineer licensed under Chapter 468,Part XII,Florida Statutes may perform the inspections,under the_direction of and with final certification from the architect or engineer. Such inspectors_shall submit weekly progress reports including the daily inspections to the Building Official,and including a code compliance opinion of the resident inspector. At the completion of the construction work or project,the architect or engineer shall submit a certificate of compliance to the Building Official,stating that the work was done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued;and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_acceptable to the Building Official,an affidavit for certification of inspection may be_accepted from the permit qualifier; 47 Page 1023 of 1299 when accompanied by extensive photographic_evidence of sufficient detail to demonstrate code compliance.The photographic evidence shall be comprehensive in the display of the installation and/or construction—and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite,at the next scheduled inspection.If the photographs are found to be insufficient by the Building Official to demonstrate compliance with this_code and/or the permitted document, or clearly display location identifiers, or are_missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or_construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of_elements of construction which require inspection by the local jurisdiction_under the requirements of 44CFR59 and_44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Formatted:Indent:Left: 0.4" Section 311.1 of the Florida Building Code, Plumbing. 110.2 Preliminary inspection.Subject to the limitations of Florida Statutes Chapter 553.79(20), b44efore issuing a Permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit,the Building Official may examine or cause to be examined any building,electrical,gas, mechanical,or plumbing systems for which an application has been received for a permit to enlarge,alter,repair,move,demolish,install,or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code,Existing Building Volume,may apply. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes.The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A.Building 1. Foundation inspection.To be made after trenches are excavated,forms erected,and required reinforcing steel is in place.The Foundation inspection shall at a minimum include the following building components: 48 Page 1024 of 1299 • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1.Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor.A foundation/Form board survey prepared and certified by a registered surveyor may be required,prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction,the elevation certification shall be submitted to the Authority having Jurisdiction.Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4,Article X,Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms,reinforcing steel,shoring,conduit,piping accessories,and other ancillary equipment items are in place,but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board,as required • Sheathing/cladding inspection NOTE:Sheathing fasteners installed and found to be missing the structural member(shiners)shall be removed and corrected prior to installation of the dry-in material. 49 Page 1025 of 1299 Exception:ring shank nails shall be bent over and a new fastener installed. 2_3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances,buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors(including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies,joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: ® Exterior wall coverings and veneers Formatted:Indent:First line: 0.25' ® Soffit coverings 4 Roofing inspection.Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings(including in-progress) • Flashing • Sheathing 4.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 54. Energy insulation,thermal and ignition barriers 64. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board,interior and exterior,is in place,but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception:Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly,unless otherwise determined by the Building Official. 50 Page 1026 of 1299 74. Final inspection.To be made after the building,including all sub-trade inspections,are completed and ready for occupancy. 77®1 .Elevation Certificate. As part of the final inspection,an elevation certificate shall be submitted to the authority having jurisdiction. 77®2 .A final survey prepared and certified by a registered surveyor may be required at time of final inspection,when applicable. ;�8. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel,bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection,including a pressure test • Deck inspection:to be made prior to installation of the deck material(with forms,deck drains,and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 99.Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 108.®Manufactured building inspections. The division of building safety shall inspect construction of foundations;connecting buildings to foundations;installation of parts identified on plans as site installed items,joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any otherwork done on site which requires compliance with the Florida Building Code.Additional inspections may be required for public educational facilities(see Section 423.27.20 of this code). 118. Where impact-resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. 51 Page 1027 of 1299 • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection.To be made after trenches or ditches are excavated,conduit or cable installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3.Low Voltage:To be made for security,alarm,elevator,and special uses. 4.Final inspection.To be made after the building electrical system is complete,all required electrical fixtures are in place and properly connected or protected,and the structure is ready for occupancy. 5. Existing Swimming Pools.To be made after all repairs or alterations are complete, all required electrical equipment,GFCI protection,and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection.To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and all soil,waste and vent piping is complete,and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected,and the structure is ready for occupancy. Note:See Section 312 of the Florida Building Code,Plumbing for required tests. Mechanical 1. Underground inspection.To be made after trenches or ditches are excavated,underground duct and fuel piping installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing are in place and all ducting,and other concealed components are complete,and prior to the installation of wall or ceiling membranes. 52 Page 1028 of 1299 -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection.To be made after the building mechanical system is complete,the mechanical system is in place and properly connected,and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed,and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection.To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection.To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes,to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations,any required forms shall be in place prior to inspection.Materials for the foundation shall be on the job,except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor. 53 Page 1029 of 1299 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement,and prior to further vertical construction,the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, Fire Blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical,plumbing,heating wires,pipes and ducts are Approved. 110.3.5 Lath,gypsum board and gypsum panel product inspection. Lath,gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture-barrier system shall not be concealed until inspected and approved. 110.3.7b Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies,Smoke Barriers and smoke partition shall not be concealed from view until inspected and Approved. 110.3.8.7 Energy efficiency inspections.Inspections shall be made to determine compliance with Fbc, Energy Conservation and-confirm with the approved energy code submittal(by appropriate trade)and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient,duct system R-value,and HVAC,lighting,electrical and water-heating equipment efficiency. 110.3.99 Other inspections.In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.100 Special inspections.Reserved. 110.3.118 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected,at various intervals,all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion,prior to the issuance of the Certificate of Occupancy or Certificate of Completion.In performing inspections,the Building Official or designee shall give first 54 Page 1030 of 1299 priority to inspections of the construction,addition,or renovation to,any facilities owned or controlled by a state university,state community college or public school district. 110.3.12.1 Final inspection.The final inspection shall be made after all work required by the building Permit(S)is completed. 110.3.128.1 Flood hazard documentation. If located in a Flood Hazard Area,shall be submitted to the Building Official prior to the final inspection. 110.3.128.2 Energy Code documentation.If required by energy code path submittal,confirmation that commissioning result requirements have been received by building owner. 110.3.131 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7,Section 2304.13 or Section 2304.11.6,specifically required to be inspected for termites in accordance with Section 2114,or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.1_ Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code,the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1.The system indicated on the plans was installed. 2.The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of Approved inspection agencies,provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests.It shall be the duty of the holder of the building Permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the Permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official.The Building Official,upon notification,shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed,or notify the Permit holder or his or her agent wherein the same fails to comply with this code.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings,shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer,prior to any required mandatory inspections by the threshold building inspector. 55 Page 1031 of 1299 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified,the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official,the architect,or the engineer of record.The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.119.9.1 The „^Fere;-------, 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building,which does not meet the minimum size,height,occupancy,occupancy classification,or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7),Florida Statutes,may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector,but the special inspector shall be responsible to the enforcement agency.The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481,Florida Statutes,as an architect. 110.8.4 Each enforcement agency shall require that,on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief,the above described construction of all structural load-bearing components complies with the permitted documents,and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 56 Page 1032 of 1299 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures,plans and details be submitted to the enforcement agency for recordkeeping.Each shoring and reshoring installation shall be supervised,inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that,to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633,Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor,as defined in Section 489.105(3)(b),Florida Statutes,within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision,direction,management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety.The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),Florida Statutes,are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property,unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner.This includes,but is not limited to,the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites.Accordingly,developers, contractors and owners of all new residential development,including additions, pools, patios,driveways,decks or similar items,on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the 57 Page 1033 of 1299 improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning,hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein.Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from Permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1.The building Permit number. 2.The address of the structure. 3.The name and address of the Owner or the owner's authorized agent. 4.A description of that portion of the structure for which the certificate is issued. 5.A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7.The name of the Building Official. 58 Page 1034 of 1299 8.The edition of the code under which the Permit was issued. 9.The use and occupancy,in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design Occupant Load. 12.If an Automatic Sprinkler System is provided,whether the sprinkler system is required. 13.Any special stipulations and conditions of the building Permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid.-° 0 estimated value 8-'C+I--- eenstraetien Feast be seebreaprier to tl-is�redisien bei gappiiea. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion.A Certificate of Completion is proofthat a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This 59 Page 1035 of 1299 certificate does not grant authority to occupy a building,such as shell building,prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing,stocking, training, or decorating,when appropriate,to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal,when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints.The Building Official is authorized to require the submittal of digital shape(C-A�F3PDF)files,in a specific format,depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility,source of energy, fuel or power to any building or system that is regulated by this code for which a Permit is required,until released by the Building Official. 112.2 Temporary connection.The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy,fuel or power. 112.3 Authority to disconnect service utilities.The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2.The Building Official shall notify the serving utility,and wherever possible the owner and occupant of the building,structure or service system of the decision to disconnect prior to taking such action.If not notified prior to disconnecting,the owner or occupant of the building,structure or service system shall be notified in writing,as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 60 Page 1036 of 1299 113.1 Appointment.There is hereby established a board to be called the Building Board of Adjustment and Appeals,which shall consist of seven members and two alternates.The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include,to the greatest extent possible, an architect,engineer,general contractor,electrical contractor,HVAC contractor,plumbing contractor,and any other contractor licensed category. In addition to the regular members,there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. ® Formatted:Indent:Left: 0.5' 113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2.Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three(3)consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting.A simple majority of the board shall constitute a quorum.In varying any provision of this code,the affirmative votes of the majority present, but not less than three affirmative votes,shall be required. In modifying a decision of the Building Official,not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting,the alternate members,if appointed,shall vote. 113.2.4 Secretary of board.The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings,which shall set forth the reasons for its decision,the vote of each member,the absence of a member,and any failure of a member to vote. 61 Page 1037 of 1299 ® Formatted:Indent:Left: 0.5 113.3 Powers.The Building Board of Adjustments and Appeals shall have the power,as further defined in 113.4 of this code,to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official.The owner of a building,structure or service system,or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: :—The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 1. <----- Formatted:Indent:Left: 0.75',Space After: 0 pt,Line 2. The provisions of this code do not apply to this specific case. spacing: single 3. That an equally good or more desirable form of installation can be employed in any specific case,which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances.The Building Board of Adjustments and Appeals,when upon written request, has been so appealed to and after a hearing,may vary the application of any provision of this code to any particular case when, in its opinion,the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1.That special conditions and circumstances exist which are peculiar to the building,structure or service system involved and which are not applicable to others. 62 Page 1038 of 1299 2.That the special conditions and circumstances do not result from the action or inaction of the applicant. 3.That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings,structures or service system. <----- Formatted:Indent:Left: 0" 4.That the variance granted is the minimum variance that will make possible the reasonable use of the building,structure or service system. 5.That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health,safety and general welfare. ® Formatted:Indent:Left: 0.5 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both.In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code.Violation of the conditions of a variance shall be deemed a violation of this code. ® Formatted:Indent:Left: 0.75' 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision.Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building,structure or service system,which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may,in the order,limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code.The board shall meet on call of the 63 Page 1039 of 1299 chairman,subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings.Upon determination by the chairman, irrelevant,immaterial,or unduly repetitious evidence may be excluded,but all other evidence of a type commonly relied upon by reasonable,prudent persons in the conduct of their affairs shall be admissible,whether or not such evidence would be admissible in a trial in the courts of Florida.Any part of the evidence may be received in written form.The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida,in which case,said evidence shall be signed,sealed,and dated. 113.5.1.2 Testimony.Any member of the Board or the attorney representing the Board may inquire of,or question,any witness before the Board.Any member of the Board,the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board.The Board may consider testimony presented by the Building Official,the petitioner,or any other witness. ® Formatted:Indent:Left: 0.75' 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection.A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final;subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board.The local government may also utilize this Board to convene as the Local Construction Regulation Board(LCRB),as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if the LCRB has found such contractor,through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if it has proof through the public hearing process,that a contractor has been found guilty in another 64 Page 1040 of 1299 county or municipality within the past 12 months,of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents.Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 65 Page 1041 of 1299 i SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend,repair,move,remove,demolish or occupy any building,structure or equipment regulated by this code,or cause same to be done,in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation.The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, Alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code,or in violation of a Permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of thejurisdiction to institute the appropriate proceeding at law or in equity to restrain,correct or abate such violation,or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties.Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects,constructs,alters or repairs a building or structure in violation of the Approved Construction Documents or directive of the Building Official, or of a Permit or certificate issued under the provisions of this code,shall be subject to penalties as prescribed by law. 114.5 Enforcement.Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens,or seek injunctive relief,or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority.Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe,the Building Official is authorized to issue a stop work order. 66 Page 1042 of 1299 115.2 Issuance.The stop work order shall be in writing and shall be given to the Owner of the property involved,the owner's authorized agent or the person performing the work.Upon issuance of a stop work order,the cited work shall immediately cease.The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance.Any person who shall continue any work after having been served with a stop work order,except such work as that person is directed to perform to remove a violation or unsafe condition,shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner,through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official.When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes,it shall be demolished in accordance with this section. Formatted:Indent:Left: 0" 116.1.1 When the Building Official determines a building,structure,electrical,gas,mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A written notice Of Violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. ® Formatted:Indent:Left: 0.5' 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall,upon the building,structure or system,and a copy shall be recorded in the public records of Palm Beach County. 67 Page 1043 of 1299 116.1.1.2 In addition,a copy oft he notice,as outlined in this sub-section,shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach,Florida will proceed to have the building,structure or system repaired,demolished or removed(insert stipulated time)after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished,or removed by the owner,notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number)within ten(10)days of the date of this Notice.Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent,at the City of Boynton Beach Building Division Office,within(insert stipulated time)of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice,as provided herein,together with a copy of the recorded "Notice of Intent to Demolish or 68 Page 1044 of 1299 Substantially Repair and Inspect"at the Clerk of the Court Office,and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official.The Building Official shall post at each entrance to the building a placard stating:THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person,firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official,or for any person to enter the building,or use the building or system(s)except for the purpose of making the required repairs or of demolishing same. Formatted:Indent:Left: 0.5' 116.1.3 In case the owner,agent,or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate,or to demolish,and remove said building, structure,electrical,gas, mechanical or plumbing system or portion thereof,the Building Official,after having ascertained the cost may take action to cause such building,structure,electrical,gas,mechanical or plumbing system or portion thereof,to be demolished,secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building,structure,or system;or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency,which, in the opinion of the Building Official,involve imminent danger to human life or health,or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands,or abutting land or structures,with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary,and for this purpose may close a public or private way. <----- Formatted:Indent:Left: 0.5' 116.2 Reserved. 69 Page 1045 of 1299 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses,and shall constitute a lien upon such property superior to all others except taxes. ® Formatted:Indent:Left: 0.5' 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property,including the street address,which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons.After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed.Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. ® Formatted:Indent:Left: 0.5' 116.4 Appeal.The owner,agent,or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas.Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable,the provisions of R322 of the Florida Building Code,Residential.This section shall not apply to Section 3109 of the Florida Building Code,Building. SECTION 118 WIND LOADS (Section 1609,Florida Building Code) Formatted:Centered 70 Page 1046 of 1299 The basic wind speed in miles per hour,for development of wind loads,shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY <---------- Formatted:Centered,Space After: 0 pt If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional,such decision shall not affect the validity of the remaining portions of this code. ® Formatted:Justified,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and numbers 71 Page 1047 of 1299 8.1. PUBLIC HEARING 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Ordinance No. 20-043 - First Reading - Request for abandonment of a portion of the SW 6th Street right-of-way consisting of a portion of the unimproved swale abutting the east lot line of the subject property located at 704 SW 25th Avenue (ABAN 20-010). Explanation of Request: The applicant is requesting to abandon a portion (25 feet wide) of the SW 6th Street right-of-way — currently consisting of unimproved swale — in order to construct a single-family residence on the vacant parcel located at 704 SW 25th Avenue, as depicted and described in Exhibit"B" (Sketch and Legal Description). According to the Forest Hills Subdivision Plat (Exhibit C), the parcel borders the Ridgewood Estates and Seacrest Hills Subdivisions. It is also located immediately west of the existing Point of Reference Monument (P.R.M) — which marks the geographical location where the three subdivisions (Forest Hills, Ridgewood Estates and Seacrest Hills) meet. Staff notes that the subject property is the only one with an excessively wide right-of-way along SW 6th Street. The alignment of SW 6th Street was shifted as the result of the three (3) separate plats meeting at this location, resulting in the extraordinarily large unimproved right-of-way segment abutting this parcel. It also caused a swale in excess of that of others in the area, creating the impression that the large grass area is part of the adjacent lot. The typical width of a right-of-way classified as a local street (a.k.a. neighborhood street) is 50 feet. According to the Forest Hills Subdivision plat (Exhibit C), nearly the entire length of the NW 6th Street R.O.W. is 50 feet wide, except for the portion of the R.O.W. in front of the subject property. The width of this portion varies between 73 feet, at the narrowest point, and 105 feet, at the widest point, as depicted in Exhibit "D". The proposed abandonment would reduce the existing R.O.W. width to 50 feet, at the narrowest point, and 79 feet, at the widest point, as shown in Exhibit"E". The resulting swale in front of the subject property will be consistent with the swales in front of other properties in the immediate vicinity and large enough to serve its intended purpose. The Planning and development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? NA Fiscal Impact: NA Alternatives: Non recommended Strategic Plan: Strategic Plan Application: NA CLIMATE ACTION APPLICATION: NA Page 1048 of 1299 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of 25 ft ROW (SW 6th) D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Sketch and Legal Description D Exhibit Exhibit C ® Forest Hills Plat D Exhibit Exhibit D ® Subject Property Without Abandonment D Exhibit Exhibit E ® Subject Property With Abandonment D Addendum Exhibit F ® Conditions of Approval D Exhibit Development Order Page 1049 of 1299 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A 25 FOOT 5 WIDE PORTION OF THE SOUTHWEST 6TH STREET RIGHT-OF- 6 WAY CONSISTING OF A PORTION OF THE UNIMPROVED 7 SWALE ABUTTING THE EAST LOT LINE OF THE PROPERTY 8 LOCATED AT 704 SW 25TH AVENUE; AUTHORIZING THE CITY 9 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE 10 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 11 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, Applicant is requesting abandonment of a 25 foot wide portion of the SW 15 6th Street right-of-way currently consisting of unimproved Swale in order to construct a single 16 family residence on the vacant parcel located at 704 SW 25th Avenue; and 17 18 WHEREAS, Staff has determined that the subject portion of the right-of-way requested 19 to be abandoned does not adversely impact traffic, does not adversely affect other adjacent 20 property owners, subject to the conditions of approval including the provision of the necessary 21 utility easements noted by staff during their review; and 22 23 WHEREAS, comments have been solicited from the appropriate City Departments, and 24 public hearings have been held before the City Commission on the proposed abandonment; and 25 26 WHEREAS, staff has determined that the subject right-of-way no longer serves a public 27 purpose other than retention of a utility easement, if warranted and therefore recommends 28 approval of the request, subject to the accompanying conditions. 29 30 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1.The foregoing whereas clauses are true and correct and incorporated herein by 34 this reference. 35 36 Section 2.The City Commission of the City of Boynton Beach, Florida, does hereby 37 abandon a 25 foot wide portion of the SW 6th Street right-of-way currently consisting of 38 unimproved Swale in order to construct a single family residence on the vacant parcel located at 39 704 SW 25th Avenue. The property being abandoned is more particularly described as follows: 40 41 A PORTION OF THE 50 FOOT RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO 42 LOT 7, BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS 43 RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM 44 BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 45 COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE 46 AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87'19'10" EAST ON 47 THE NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx Page 1050 of 1299 48 POINT OF BEGINNING; THENCE CONTINUE NORTH 87°19'10" EAST ON THE 49 EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE 50 OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE 51 RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING 52 A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 53 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°56'32" EAST ON A LINE 25 54 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7, A 55 DISTANCE OF 79.69 FEET; THENCE SOUTH 87°19'10" WEST ON THE EASTERLY 56 PROLONGATION OF THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 12.50 FEET TO 57 THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, AT WHICH THE 58 RADIUS POINT BEARS NORTH 28003'28" EAST; 59 THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE 60 EAST LINE OF SAID LOT 7: 61 1)NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET 62 AND A CENTRAL ANGLE OF 60000'00", A DISTANCE OF 26.18 FEET TO THE POINT OF 63 TANGENCY; 64 2)NORTH 01056'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY 65 OF A CIRCULAR CURVE TO THE LEFT; 66 3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A 67 RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90044'18", A DISTANCE OF 39.59 68 FEET TO THE POINT OF BEGINNING. 69 70 SAID LANDS LYING IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY, 71 FLORIDA AND CONTAINING 2,545 SQUARE FEET,MORE OR LESS. 72 73 Section 3.The City Manager is hereby authorized and directed to execute the attached 74 Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm 75 Beach County, Florida. 76 77 Section 4.This Ordinance shall take effect immediately upon passage. 78 79 FIRST READING this day of November, 2020. 80 81 SECOND, FINAL READING AND PASSAGE THIS day of , 2020. 82 83 CITY OF BOYNTON BEACH, FLORIDA 84 YES NO 85 Mayor— Steven B. Grant 86 87 Vice Mayor— Ty Penserga 88 89 Commissioner—Justin Katz 90 91 Commissioner—Woodrow L. Hay 92 93 Commissioner—Christina L. Romelus 94 95 VOTE {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx Page 1051 of 1299 96 ATTEST: 97 98 99 Crystal Gibson, MMC 100 City Clerk 101 102 103 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROM.docx Page 1052 of 1299 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 25 foot wide portion of the SW 6t' Street right-of- way currently consisting of unimproved Swale in order to construct a single family residence on the vacant parcel located at 704 SW 25th Avenue. The property being abandoned is more particularly described as follows: A PORTION OF THE 50 FOOT RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO LOT 7, BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87'19'10" EAST ON THE NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 8719'10" EAST ON THE EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°44'18", A DISTANCE OF 39.59 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°56'32" EAST ON A LINE 25 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7, A DISTANCE OF 79.69 FEET; THENCE SOUTH 87019'10" WEST ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 12.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 28003'28" EAST; THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE EAST LINE OF SAID LOT 7: 1)NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 60000'00", A DISTANCE OF 26.18 FEET TO THE POINT OF TANGENCY; 2)NORTH 01056'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF A CIRCULAR CURVE TO THE LEFT; 3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90044'18", A DISTANCE OF 39.59 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA AND CONTAINING 2,545 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of November, 2020. {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx Page 1053 of 1299 CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (SW 6th ROW).docx Page 1054 of 1299 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-028 TO: Chair and Members Planning & Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner II DATE: October 13, 2020 SUBJECT: Request for abandonment of a portion of the SW 61h Street right-of-way (ABAN 20-010) consisting of a portion of the unimproved swale abutting the east lot line of the subject property (704 SW 251h Avenue). Applicant: Zachary Schaffer NATURE OF REQUEST Zachary Schaffer, property owner of 704 SW 25th Avenue, is requesting to abandon a portion of the SW 61h Street right-of-way consisting of 25 feet of unimproved swale located between the existing east property line of the subject property and SW 61h Street. (see Exhibit "A" — Location Map). Should the abandonment be approved, the remaining grass swale would vary in width between 11- 24 feet; consistent with the swale in front of other properties in the immediate vicinity, and sufficient width to serve its intended purpose. The portion of the right-of-way to be abandoned would ultimately increase the subject property's lot area. The abandonment request has been depicted and described in Exhibit"B"(Sketch and Legal Description). BACKGROUND The applicant is requesting to abandon a portion (25 feet wide) of the SW 6th Street right-of-way— currently consisting of unimproved swale — in order to construct a single-family residence on the vacant parcel located at 704 SW 251h Avenue, as depicted and described in Exhibit"B" (Sketch and Legal Description).According to the Forest Hills Subdivision Plat(Exhibit C), the parcel borders the Ridgewood Estates and Seacrest Hills Subdivisions. It is also located immediately west of the existing Point of Reference Monument(P.R.M)—which marks the geographical location where the three subdivisions (Forest Hills, Ridgewood Estates and Seacrest Hills) meet. Staff notes that the subject property is the only one with an excessively wide right-of-way along SW 6th Street. The alignment of SW 61h Street was shifted as the result of the three (3) separate plats meeting at this location, resulting in the extraordinarily large unimproved right-of-way segment abutting this parcel. It also caused a swale in excess of that of others in the area, creating the illusion that the large grass area already is part of the adjacent lot. The typical width of a right-of-way classified as a local street(a.k.a. neighborhood street) is 50 feet. Page 1055 of 1299 Page 2 Memorandum No. PZ 20-028 ABAN 20-010 According to the Forest Hills Subdivision plat (Exhibit C), nearly the entire length of the NW 61h Street R.O.W. is 50 feet wide, except for the portion of the R.O.W. in front of the subject property. The width of this portion varies between 73 feet, at the narrowest point, and 105 feet, at the widest point, as depicted in Exhibit "D". The proposed abandonment would reduce the existing R.O.W. width to 50 feet, at the narrowest point, and 79 feet, at the widest point, as shown in Exhibit"E".The resulting swale in front of the subject property will be consistent with the swales in front of other properties in the immediate vicinity and large enough to serve its intended purpose. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007.A summary of the responses from the easement holders follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection. Public Works/ Utilities - No objection with the following conditions: 1. Provision of a 12' easement; and 2. Prohibition of planting canopy trees within the easement. Planning and Zoning - No objection. PUBLIC UTILITY COMPANIES Florida Power and light - No objection with provision of necessary easements to cover existing and future facilities as needed. AT&T - No objection with provision of necessary easements to cover existing and future facilities as needed. Comcast - No objection Florida Public Utilities No objection with provision of necessary easements to cover existing and future facilities as needed. RECOMMENDATION Staff has determined that the subject portion of the right-of-way requested to be abandoned does not adversely impact traffic, does not adversely affect other adjacent property owners, and therefore no longer serve a public purpose, subject to the conditions of approval including the provision of the necessary utility easements noted by staff during their review. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon this portion of the right-of-way, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "F" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\704 SW 25th (SW 6th Street Abandonment)\Staff Report ABAN_20-010.doc Page 1056 of 1299 EXHIBIT A LOCATION MAP pq 4 , SW 25TH STS}� '''s' r rah H' t. r4 II(' i ,�^^ } W 1 $�. r n} p, i m4 � ISO- Legend � N SUBJECT PROPERTY o ,o zo ao so so Feet A Page 1057 of 1299 SKETCH AND LEGAL DESCRIPTION 11111/202 D PROPOSED 25' RIGHT-OF-WAY ABANDONMENT SW. 25th AVENUE - 50' TOTAL R/W R=25.00' N NORTH LINE OF N87`19'10"E d=90'44'1$" LOT 7, BLOCK 41P-0.B. 25.001 L=39.59' N8T19 10 E 54.68' n P.O.C. 50' R/W Z NW. CORNER OF R=25.00' PER PLAT F LOT 7, BLOCK 4 ' o 9 0'44'18" W o P .B. 25, PG. 57) I to qL=39.59' 3: f "' (n n 1. 04 o w !1.1 I p�W 3 LOT 7, BLOCK 4 �p o z to I Z a. •d' I (P.B. 25, PG. 57) tf) a to (0 N w r NZ J ;1 Z a- 00 ¢ W I N�Z wO I 0 0 I w� m 1 Z J ani' EAST LINE OFY, n w0 ` LOT 7, BLOCK 4 I S87.19'1 0"W U 91.15 — L- --- — 25.00' f e� SOUTH LINE OF R=25.00 4� LOT 7, BLOCK 4 D�60'00'00" oO\v S87`19'10"W L=26.18' =rye�� 12.50 r _ ° , BBREUTA RONS.- 0 15 30 6 sommummm = CENTERLINE 1 inch = 30 ft. P.B. = PLAT BOOK PG. = PAGE POB = POINT OF BEGINNING POC = PO/NT OF COMMENCEMENT R/W = RIGHT—OF—WAY THIS IS NOT A BOUNDARY SURVEY SHEET NO. 2of2 CERT/FICA TION.• SCALE: 1"=30' 7HIS SKETCH MEFTS 7HE STANDARDS OF PRAC77CE AS SET FORTH BY THE FLORIDA BOARD OF PROFES.9CWAL SURVEYORS AND MAPPERS IN DRAWN BY: ELF CHAPTER 5J--17 FLORIDA ADMINISTRAnVE CODE. CHECKED BY:JEK BASELINE LAND SURVEY LLC Date.- 8/31/2020 1400 N.W. 1st COURT JOHN KUHAR SM, State of F/orldo SOCA RA TON, FLORIDA 334 LB 8229 Profe `n i a/ Survewr & Mapper NO. 6711 561, 417-0700 NOT VA UNLESS IT BEARS THE SIGNATURE AND 7HE ORIGINAL RAISED L OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 10B.-20-07-023 age I Ubb_QT I Ztl!J - _ - SKETCH AND LEGAL DESCRIPTION 09/22/202 PROPOSED 25' RIGHT-OF-WAY ABANDONMENT LEGAL DESCRIPTION: A PORTION OF THE 50 FOOT RIGHT—OF—WAY LYING EAST OF AND ADJACENT TO LOT 7, BLOCK 4 OF "FOREST HILLS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25 AT PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7, BLOCK 4 OF THE AFOREMENTIONED PLAT OF "FOREST HILLS"; THENCE NORTH 87'19'10" EAST ON THE NORTH PROPERTY LINE OF SAID LOT 7, A DISTANCE OF 54.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87'19'10" EAST ON THE EASTERLY PROLONGATION OF SAID NORTH PROPERTY LINE OF LOT 7, A DISTANCE OF 25.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90'44'18", A DISTANCE OF 39.59 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01'56'32" EAST ON A LINE 25 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 7, A DISTANCE OF 79.69 FEET; THENCE SOUTH 87'19'10" WEST ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 12.50 FEET TO THE BEGINNING OF A NON—TANGENT CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 28'03'28" EAST; THE FOLLOWING THREE COURSES AND DISTANCES ARE COINCIDENT WITH THE EAST LINE OF SAID LOT 7: 1) NORTHWESTERLY ON THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 60'00'00", A DISTANCE OF 26.18 FEET TO THE POINT OF TANGENCY; 2) NORTH 01'56'32" WEST, A DISTANCE OF 57.88 FEET TO THE POINT OF TANGENCY OF A CIRCULAR CURVE TO THE LEFT; 3) THENCE NORTHWESTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90'44'18", A DISTANCE OF 39.59 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 2,545 SQUARE FEET, MORE OR LESS. THIS IS NOTA BOUNDARY SURVEY SHEET NO. 1 of 2 CER TIFICA TION.• SCALE:AS SHOWN THIS SKETCH MEETS 7HE STANDARDS OF PRACTICE AS S£r FORTH BY 7HE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN DRAWN BY: ELF CHAPTER 517 FLORIDA ADMINIS7MA77VE CODE. CHECKED BY:JEK BASELINE LAND SURREY LLC Date.- 813112020 1400 N.W. 1st COURT -- - BOCA RA TON, FLORIDA 33432 P v yN E. K AR, PSM, State of florido .1.Ln, Surveyor & Mopper N0. s711 (561) 417-0700 LB 8229 NO AUD, UNLESS Ir BEARS THE$16YVAIURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. JOB.20-07-02,3 Page 10596f 1299 °� aJ ri'Nn°, �a �z�d r_ a „•.c o 's "I a e —_ in�i �h eT �Ht&'2 r. ° fi9'� •. � r, ., z a� ,nom � _�� l I E 6 0 I N !N e h— fB IL aB B B r. e 56 p uj_ t E Z�.[➢ it - 0 �w A of ' kD C)v a»'-N % f B�✓ .-o a -� L W — w I � r � oi,P• ✓ ���:,s � �m asa az7 x -� u.. o m" / � o c \ N � dE �1�0� w� © � L— o a r. m \`�✓ >p � N � o1 � .r� �� ea \ w � ! 6 '� mom Q ��.�.d`m IX Z O % o N It UJ o.9 ? Cel e .0 0orl-e .ra-o. „ d r a .h� •�ht%- w�TO ;4/, zz C, _ < 4 v T- - �I 1 i ee.a a II 1,r I v � Y ° l CCE —r f t1'^ W Z (n , N k O LL O r- r x LO O LO LO Ll N O l � a��1fi ,, �. : t glj'rtF ll ll ill' l t k .rtel I� { r 3 t � l L 0 4 �I t Z3 0 O -0 C , CO — O tLLJ W a „ a) �., O Y �1 In r— O LOt LO ,- N N O Z3 E a _ = t I� { r 3 U) C O s £ t f UJ cu i EXHIBIT F Conditions of Approval Project Name: 704 SW 25th- SW 6th Street Abandonment File number: ABAN 20-010 Reference: 1St review documents identified as Abandonment Application with a September 22, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. Provide a 12 feet wide utility easement. X 2. Canopy trees shall not be planted within the easement. X FIRE Comments: Not applicable. POLICE Comments: Not applicable. BUILDING DIVISION Comments: Not applicable. PARKS AND RECREATION Comments: Not applicable. PLANNING AND ZONING Comments: 1. Provide necessary easements to cover existing and future utility X facilities as needed. COMMUNITY REDEVELOPMENT AGENCY Comments: Not applicable. Page 1063 of 1299 704 SW 25th Street—SW 6th Street Abandonment (ABAN 20-010) Conditions of Approval Page 2 of 2 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\704 SW 25th(SW 6th Street Abandonment)WBAN 20-010 COA.docx Page 1064 of 1299 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 704 SW 25th Avenue— SW 6th Street Abandonment (ABAN 20-010) APPLICANT: Zachary Schaffer, Property Owner APPLICANT'S ADDRESS: 4807 NW 16th Terrace, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 1, 2020 APPROVAL SOUGHT: Request for abandonment of a portion of the SW 6th Street right-of-way (ABAN 20-010) consisting of 25 feet of unimproved swale abutting the east lot line of the property located at 704 SW 25th Avenue. LOCATION OF PROPERTY: Portion of the SW 6th Street R.O.W. located south of SW 25th Avenue, and north of SW 25th Place. DRAWING(S): SEE EXHIBITS "B", "C", "D" & "E" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "F" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\704 SW 25th(SW 6th Street Abandonment)WBAN 20-010 DO.doc Page 1065 of 1299 9.A. CITY MANAGER'S REPORT 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Discuss potential ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Explanation of Request: At the October 20, 2020 City Commission meeting, the Commission directed staff to draft an ordinance for their consideration that would prohibit the use and distribution of polystyrene foam (also known as expanded polystyrene, EPS foam, or colloquially as"styrofoam") in City facilities and on City property. Florida Statute 500.90 preempts regulation of polystyrene products but"does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services." Polystyrene foam, a lightweight petroleum-based plastic material, is commonly littered or blown out of trash receptacles and migrates to the storm drain system and eventually to the ocean and beaches. This littered polystyrene foam breaks down in the marine environment into smaller pieces, which are non-biodegradable and which negatively impact water quality and harm marine life that often mistake pieces of polystyrene for food. Polystyrene contains a chemical used in the production process called "styrene" that has been linked to cancer as well as reproductive and developmental disorders, and that leaches from polystyrene into food and drink. For these reasons, community members are increasingly calling for the City to take action to minimize the distribution, waste, and litter of polystyrene materials in the City. How will this affect city programs or services? The following changes to City programs and services may be considered as part of a polystyrene foam waste reduction ordinance: • Modification to all contracts, leases, special event permits, and concession agreements to prohibit the use and distribution of polystyrene foam food ware (with certain exceptions) by City contractors and temporary vendors in City facilities or on City property. • Modification to facility rental policies and agreements to prohibit the use of polystyrene foam food ware by people who rent or lease City facilities. This could include different facility rental rates to incentivize compliance. • Prohibition on the use of unencapsulated polystyrene foam products (food ware, coolers, pool or beach toys, etc.) within the City's public parks, beaches, and on any City marina, pier, dock, or boat ramp. • Public education efforts, for at least six months prior to enforcement, to inform affected persons/entities and to assist with identifying alternatives to polystyrene foam food ware. Fiscal Impact: Non-budgeted If an ordinance is passed, staff will work with stakeholders to identify economical alternatives to polystyrene foam products. Based on preliminary research, biodegradable or recyclable alternatives to polystyrene foam clamshell containers, cups, plates, and bowls were found to cost between zero (0) and fifteen (15) cents more per unit (wholesale and retail prices). Requiring City contractors and temporary vendors to use alternative products is not expected to have a direct impact on the City's budget. Any additional costs to residents who rent City facilities could potentially be offset through discounted facility rental fees. Page 1066 of 1299 Alternatives: Not consider proposed ordinance Strategic Plan: Boynton Beach Branding Strategic Plan Application: Branding Boynton Beach as a sustainable community CLIMATE ACTION APPLICATION: 2020 Climate Action Plan: Strategy G-3.1 Green Office Practices Strategy C-3.1 Waste Reduction & Recycling Is this a grant? 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NEW BUSINESS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Proposed Resolution No. R20-129- Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit and the City. Proposed Resolution No. R20-130- Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC White Collar Unit and the City. Explanation of Request: The terms of the Blue Collar and White Collar Collective Bargaining Agreements (CBAs) between the SEIU Florida Public Services Union, CTW, CLC and the City expired on September 30, 2020. The City and the Union bargained and tentatively agreed to Successor Agreements for a three year term from October 1, 2020 through September 30, 2023. On Thursday, November 5, 2020, members of the respective bargaining units ratified their contracts. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the successor Agreements (attached) for implementation. How will this affect city programs or services? Having Collective Bargaining Agreements in place provides bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. Fiscal Impact: Budgeted A two and a half percent (2.5%) base wage increase for FY20/21 will impact the budget as follows: Blue Collar - $170,000 White Collar- $115,000 The total amount[$285,000] is allocated among the employees' respective departments across funds including: General, Utilities, Solid Waste, and Fleet. Alternatives: Do not approve/ratify the Agreements, which would result in maintaining the status quo and returning to the bargaining table for further negotiations of these contracts. Strategic Plan: Strategic Plan Application: High Performing Organization Climate Action: Climate Action Discussion: Page 1082 of 1299 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Blue Collar CBA for 2020- 2023 D Resolution Resolution approving W hite Collar C BA for 2020 - 2023 D Addendum Union Notice of Ratification D Addendum SElU Blue Collar CBA D Addendum S E I U W hite Collar C BA Page 1083 of 1299 I RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND RATIFYING 5 THE AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH, FLORIDA AND THE SEIU 7 FLORIDA PUBLIC SERVICES UNION, CTW, CLC 8 (SEIU)(BC) FOR THE PERIOD OF OCTOBER 1, 2020 9 THROUGH SEPTEMBER 30, 2023; AND 10 AUTHORIZING AND DIRECTING THE CITY I i MANAGER TO SIGN THE AGREEMENT; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the SEN (BC) Collective Bargaining Agreement is scheduled to 15 expire on September 30, 2020; and 16 WHEREAS, after negotiating, the City and Union came to a tentative agreement; 17 and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 19 the best interests of the residents and citizens of the City to ratify the Agreement and execute 20 the same. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve and ratify the Agreement between the City of Boynton Beach and the SEN 29 Florida Public Services Union, CTW, CLC (Blue Collar) for the period of October 1, 2020 30 through September 30, 2023 and authorize and direct the City Manager to sign the 31 Agreement, a copy of said Collective Bargaining Agreement being attached hereto as 32 Exhibit "A". S:ACA\RESO\Agreements\CBA Ratifications\SEN(BC)CBA 2020-2023-Reso.docx Page 1084 of 1299 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this day of November, 2020. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice-Mayor—Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner— Christina L. Romelus 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 64 S:ACA\RESO\Agreements\CBA Ratifications\SEN(BC)CBA 2020-2023-Reso.docx Page 1085 of 1299 I RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND RATIFYING 5 THE AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH, FLORIDA AND THE SEIU 7 FLORIDA PUBLIC SERVICES UNION, CTW, CLC 8 (SEIU)(WC)FOR THE PERIOD OF OCTOBER 1, 2020 9 THROUGH SEPTEMBER 30, 2023; AND 10 AUTHORIZING AND DIRECTING THE CITY I i MANAGER TO SIGN THE AGREEMENT; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the SEN (WC) Collective Bargaining Agreement is scheduled to 15 expire on September 30, 2020; and 16 WHEREAS, after negotiating the City and Union came to a tentative agreement; 17 and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 19 the best interests of the residents and citizens of the City to ratify the Agreement and execute 20 the same. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve and ratify the Agreement between the City of Boynton Beach and the SEN 29 Florida Public Services Union, CTW, CLC (White Collar)for the period of October 1,2020 30 through September 30, 2023 and authorize and direct the City Manager to sign the 31 Agreement, a copy of said Collective Bargaining Agreement being attached hereto as 32 Exhibit "A". S:ACA\RESO\Agreements\CBA Ratifications\SEN(WC)CBA 2020-2023-Reso.docx Page 1086 of 1299 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this day of November, 2020. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice-Mayor—Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner— Christina L. Romelus 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 64 S:ACA\RESO\Agreements\CBA Ratifications\SEN(WC)CBA 2020-2023-Reso.docx Page 1087 of 1299 Oldbury, Julie From: Joseph Brenner <joseph.brenner@seiufpsu.org> Sent: Thursday, November 05, 2020 4:09 PM To: Oldbury, Julie; LaVerriere, Lori Cc: Anthony Simmons; Simmons, Anthony Calvin; Craig Watson; Michael Sanginito; Renee A Bean; Eichorst, Rob; Karlos Hidalgo Subject: SEIU Notice of Ratification Boynton Beach Blue and White 11.5.2020 Categories: Agenda Julie, I wanted to notify you that the SEN contracts passed today, Blue Collar by a 98.5%yes margin, and White Collar, with a unanimous 100%voting yes. Thanks for your assistance in getting the ratification sites set up and as always, for your spirited and professional bargaining. Please let me know if you have any questions. Best, Joey Brenner, Director Of Organizing and Bargaining, SEIU-Florida Public Services Union joseph.brenner(cseiufpsu,orq 561-308-1919 1 Page 1088 of 1299 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC BLUE COLLAR BARGAINING UNIT October 1, 2020 to September 30,2023 Ratified By Union: Ratified By Commission: Page 1089 of 1299 TABLE OF CONTENTS Article Article Title Page No. No. 1 Preamble 1 2 Recognition 2 3 Non-Discrimination 3 4 Strikes 4 5 Management Rights 5 6 Rights of Bargaining Unit Members 7 7 Union Representation 8 8 Collective Bargaining 10 9 Labor-Management 11 10 Posting of Agreement 12 11 Savings Clause 13 12 Collateral Documents 14 13 Modifications of Conditions 15 14 Entire Agreement and Non-Waiver Provision 16 15 Dues Deductions 17 16 Use of GPS,Tracking, and Monitoring Systems 18 17 Bulletin Boards 19 18 Personnel Files and Bargaining Unit Information 20 19 Recruitment and Selection 21 20 Probationary Period 22 21 Promotion, Demotion, Lateral Transfer,and Reclassification 23 22 Seniority and Layoff 25 23 Discipline and Performance Management 26 24 Grievance and Arbitration 31 25 Insurance 35 26 Pension 37 27 Hours of Work, Overtime, and Breaks 38 28 Compensatory Time 44 29 Holidays 45 30 Wages 48 31 Standby, Call Back and Other Assignment Incentive Pay 49 32 Certifications and Professional Licenses 52 33 Emergency Pay 54 34 Out of Class Assignment Pay 55 35 Training Assignment Pay 56 36 Vacation 57 37 Sick Leave 60 38 Compassionate Leave 62 39 jury Duty 63 40 Unauthorized Absence 64 41 Leaves of Absence 65 42 Modified Work (Light Du 67 43 Workers' Compensation 68 44 Safety and Health 69 45 Drug Free Workplace Policy 70 46 Uniforms and Allowances 71 SEW Blue Collar-10/01/2020-09/30/2023 Page 1090 of 1299 TABLE OF CONTENTS Article Article Title Page No. No. 47 Tuition Assistance 75 48 Bonus Hours and Bonus Increases 76 49 Articles to be Reopened During Agreement Term 77 50 Duration 78 Addenda A Shift Bidding 79 B Overtime Rotation 80 C Standby Pay 82 D Call Back 84 E Drug Free Workplace Policy 86 F Uniforms 97 G Police Communications Center Incentives 98 Signature Pae 99 SEW Blue Collar-10/01/2020-09/30/2023 Page 1091 of 1299 ARTICLE 1 1.0 PREAMBLE 1.1 This Agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City" and the SEIU Florida Public Services Union CTW,CLC,hereinafter referred to as the"Union" or "SEIU." The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective,proper and superior service to the community. 1.2 The parties agree that nothing in this Agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. SEW Blue Collar-1010112020-0913012023 1 Page 1092 of 1299 ARTICLE 2 2.0 RECOGNITION 2.1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services Union, CTW, CLC as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. 2.3 In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC),the unit recognized by the PERC shall control. SEW Blue Collar-10/01/2020-09/30/2023 2 Page 1093 of 1299 ARTICLE 3 3.0 NON-DISCRIMINATION 3.1 The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it, and the Employer and the Union affirm their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. 3.2 No employee shall be discriminated against,as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or membership or non-membership in the Union. SEW Blue Collar-10/01/2020-09/30/2023 3 Page 1094 of 1299 ARTICLE 4 4.0 STRIKES 4.1 The SEIU Florida Public Services Union,CTW, CLC,or their member agents or designees,agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down,strike or unlawful picketing. 4.2 In the event of a strike,work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve (12) hours after commencement of such strike of what legitimate measures it has taken to comply with the provisions of this Article. SEW Blue Collar-10/01/2020-09/30/2023 4 Page 1095 of 1299 ARTICLE 5 5.0 MANAGEMENT RIGHTS 5.1 Except, and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another"shall not apply.Rather,full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights, except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects,and the powers and authority,which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to,the right: 5.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 5.1.2 To maintain economic stability. 5.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 5.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub-contract existing and future work. 5.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-off,schedule, and determine the qualifications of all employees. 5.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 5.1.7 To determine the organization of City government. SEW Blue Collar-10/01/2020-09/30/2023 5 Page 1096 of 1299 5.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 5.1.9 To set standards for service to be offered to the public and standards for the performance of duties of job assignments. 5.1.10 To manage and direct the work of the employees of the City,including the right to assign work and overtime. 5.1.11 To establish, determine, implement and maintain effective internal security practices. 5.1.12 To determine the number,type and grades of positions or employees assigned to an organizational unit, department or project. 5.1.13 To determine lunch,rest periods,clean-up times,starting and quitting time, and number of hours to be worked. Work schedules will be posted and will not be altered in the midst of normal pay periods. 5.1.14 To adopt or enforce cost of general improvement programs. 5.1.15 In a civil emergency,to use personnel in any lawful manner. 5.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 5.3 The City has the right to impose something that is unilateral in nature,and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union, after notice, fails to object to that decision within six(6) months, it shall be considered finally imposed. SEW Blue Collar-10/01/2020-09/30/2023 6 Page 1097 of 1299 ARTICLE 6 6.0 RIGHTS OF BARGAINING UNIT MEMBERS 6.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 6.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the bargaining unit. 6.3 Employees may request a Union representative to be present when the employee is subject to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. SEW Blue Collar-10/01/2020-09/30/2023 7 Page 1098 of 1299 ARTICLE 7 7.0 UNION REPRESENTATION 7.1 The City agrees to recognize the Union's officers and up to six (6) City employee stewards, from each bargaining unit, as agents of the Union. The Union shall furnish written notice to the Director of Human Resources and Risk Management of the designated Union officers and employee stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the six (6) City employee stewards for each bargaining unit. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as steward. 7.2 Non-employee officials of the Union shall, with prior written notification to the City Manager or the Director of Human Resources and Risk Management, be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and/or security purposes. 7.3 Subject to the limitations set forth in Article 8, Section 8.2, Union stewards will be granted leave to engage in collective bargaining or to meet with the representatives of the City for grievance investigation and/or consultation with management representatives to avoid or resolve grievances including Labor-Management meetings. 7.4 The City will provide up to one hundred sixty (160) hours, per bargaining unit, for employee stewards to engage in the following representative union activities: A. To represent an employee who is required to appear at a meeting related to a grievance or arbitration. B. To represent an employee who is responding to disciplinary action or who is the subject of an investigation. C. To represent an employee at his/her predetermination conference. D. To attend collective bargaining as an "additional steward" pursuant to Article 8, Section 8.2. E. To make a presentation at Human Resources' Quarterly New Hire Orientation program. (Non-employee stewards may attend.) F. To attend union conferences, seminars, training, or other union activities related to their representative function, provided such leave does not adversely affect the daily operations of any department. Should the one hundred sixty (160) hours be exceeded, Union stewards engaging in representative activities pursuant to Article 8,Section 8.2 and/or SEW Blue Collar-10/01/2020-09/30/2023 8 Page 1099 of 1299 Section 7.4 of this Article may be released without pay, use accrued vacation time, or use accrued compensatory time at the discretion of the Department Head (or designee), whose approval shall not be unreasonably withheld, unless releasing the employee adversely affects the daily operations of any department. The City may deny the use of such time off if it interferes with productivity or manpower needs. However, the City's exercise of its right shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives employees of their right of representation. 7.5 No employee shall engage in Union business while on duty except as referenced in Section 7.3 of this Article. SEW Blue Collar-10/01/2020-09/30/2023 9 Page 1100 of 1299 ARTICLE 8 8.0 COLLECTIVE BARGAINING 8.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or Designee. The Union shall provide written notice of the names of the collective bargaining representatives to the City Manager and Director of Human Resources and Risk Management prior to the commencement of bargaining. It is understood that only the Union representatives) submitted in the above referenced notice are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager and Director of Human Resources and Risk Management in writing of any changes in the designation of any certified representative of the Union. 8.2 No more than four(4) Union stewards from each bargaining unit may participate in collective bargaining while on duty,without loss of pay. Additional stewards or bargaining unit members may participate in collective bargaining pursuant to Article 7, Section 4, while off duty, or when on pre-approved paid leave. 8.3 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. SEW Blue Collar-10/01/2020-09/30/2023 10 Page 1101 of 1299 ARTICLE 9 9.0 LABOR-MANAGEMENT A joint Labor-Management Committee composed of an equal number of representatives from the Union and Management may meet following thirty(30) days of the ratification of this Agreement and up to such time that negotiations for a successor Agreement commence to discuss subjects as determined by the Committee. SEW Blue Collar-10/01/2020-09/30/2023 11 Page 1102 of 1299 ARTICLE 10 10.0 POSTING OF AGREEMENT 10.1 The City will maintain a copy of this Agreement for inspection in the City Clerk's Office and will have an electronic copy the Agreement available in every Department/Division with SEIU workers. 10.2 The City will post a copy of this Agreement, as ratified,on the City's website. SEW Blue Collar-1010112020-0913012023 12 Page 1103 of 1299 ARTICLE 11 11.0 SAVINGS CLAUSE 11.1 If any provision (Article or Section) of this Agreement is found to be invalid, unlawful, or unenforceable by any court having jurisdiction or by reason of any existing or subsequently enacted legislation or by judicial authority, the remaining provisions of this Agreement shall remain in full force and effect. 11.2 In the event of such finding,either Party may request to open negotiations for a substitute provision by notifying the other Party in writing within thirty (30) calendar days of the date the provision was invalidated. SEW Blue Collar-1010112020-0913012023 13 Page 1104 of 1299 ARTICLE 12 12.0 COLLATERAL DOCUMENTS 12.1 This Collective Bargaining Agreement does not exist in a void. Provisions, as amended from time to time, of the City's Personnel Policy Manual (PPM), Administrative Policy Manual (APM), Departmental Rules, and other policies established by Resolution or Ordinance (collectively referred to as collateral documents) are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement,in which case the terms of this Agreement shall control. SEW Blue Collar-1010112020-0913012023 14 Page 1105 of 1299 ARTICLE 13 13.0 MODIFICATION OF CONDITIONS 13.1 When the City intends to make changes to City or Departmental rules,and/or regulations, the City will provide written notice to SEIU. The notice will include a description of the change and an implementation date, which shall be no less than thirty(30) calendar days from the date of notice. 13.2 If SEIU believes that the modification constitutes a change to wages,benefits, or terms and conditions of employment,then SEIU will have ten(10)calendar days from the date of notice to advise the City in writing that SEIU is requesting pre-implementation or post implementation impact bargaining. Such written request shall identify with specificity the manner in which the modification affects the rights of its members. The request shall also include three (3) dates and times when SEIU is available to meet with the City to discuss/bargain the modification. 13.3 When bargaining is requested, it shall begin no less than ten (10) calendar days following SEIU's request and shall be concluded within fourteen (14) calendar days following the first bargaining session. 13.4 Unless otherwise agreed to by the City and SEIU during their bargaining, the implementation date of change shall take effect as initially announced by the City,subject to SEIU's right to continue impact bargaining. 13.5 This provision is not a waiver, restraint, or limitation on the City's Management Rights, including to unilaterally determine the purpose of its departments, to set standards of services to be offered to the public, and to exercise control and discretion over its organization and operations. 13.6 All references to"days"in this Article shall mean"calendar"days,inclusive of Saturdays, Sundays, and Holidays. SEIU Blue Collar-1010112020-0913012023 15 Page 1106 of 1299 ARTICLE 14 14.0 ENTIRE AGREEMENT AND NON-WAIVER PROVISION 14.1 This Agreement is the complete Agreement between the Parties, cancels all prior practices and agreements,and,except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. 14.2 There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual, and are not under any Civil Service Rule/Regulation heretofore in existence. 14.3 Nothing in this Agreement shall be construed or interpreted as a waiver of SEIU's right to request bargaining or impact bargaining. 14.4 Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. SEW Blue Collar-1010112020-0913012023 16 Page 1107 of 1299 ARTICLE 15 15.0 DUES DEDUCTION 15.1 Employees covered by this Agreement may on the prescribed form,authorize payroll deduction for the purpose of paying the Union dues and/or a uniform COPE deduction. Employees shall receive copies of the form from either the City Finance Department or their Union office. An employee may also authorize payroll deductions by consenting to use the Union's electronic/voice authorization process. 15.2 The Union will initially notify the City as to the amount of dues and/or COPE deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues or COPE deductions will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such a change. To revoke the payment of Union dues and/or COPE deductions,the employee shall go to the Union office or utilize the Union's electronic/voice authorization process, and Union staff shall prepare and mail (or electronic mail) notice of such change to the City's Finance Department 15.3 Dues and COPE deductions shall be deducted each pay period and remitted monthly, and the funds shall be remitted along with a list of employees contributing to the Treasurer of Union within fifteen (15) days after the end of the month. The check for COPE deductions will be submitted to the Union, separately from the check for dues, on a quarterly basis. The Union will indemnify, defend, and hold the City harmless against any claims made or suits instituted against the City related to payroll deduction of Union dues and/or COPE deductions. Evidence of electronic/voice authorizations will be maintained by the Union and provided to the City upon request. 15.4 The Union will furnish forms for such authorization. SEW Blue Collar-1010112020-0913012023 17 Page 1108 of 1299 ARTICLE 16 USE OF GPS,TRACKING,AND MONITORING SYSTEMS The City may install and use GPS or other similar location tracking and monitoring systems on any City property including but not limited to City vehicles and equipment. Information obtained from such systems may be used for any legitimate business purpose. The City will affix a sticker in the front compartment of City vehicles which have these types of systems activated. SEW Blue Collar-1010112020-0913012023 18 Page 1109 of 1299 ARTICLE 17 17.0 BULLETIN BOARDS 17.1 The Union shall be provided space for bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of SEIU members. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings; E. Union newsletter On Track(may be unsigned). 17.2 All other information,including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the Director of Human Resources and Risk Management with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 17.3 The Union shall not post endorsements for candidates who are running for office. 17.4 The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. SEW Blue Collar-1010112020-0913012023 19 Page 1110 of 1299 ARTICLE 18 18.0 PERSONNEL FILES AND BARGAINING UNIT INFORMATION 18.1 Personnel files for all City employees are maintained by the City's Human Resources and Risk Management Department. Employees may inspect and obtain copies of their personnel files pursuant to Florida Public Records Law. 18.2 All bargaining unit members covered by this Agreement must be notified within seventy-two (72) hours of a public records request to review the bargaining unit member's personnel file,unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 18.3 Bargaining unit members may request one electronic copy of their file at no charge once per the term of this Agreement. Additional requests will incur normal charges pursuant to Florida Public Records Law. 18.4 The Union may request, no more frequently than monthly, from the Director of Human Resources and Risk Management an electronic copy with the following information for all bargaining unit employees: • Name • Address (if not exempt from public records) • Hire Date • Work Location • Employee ID • Classification of Employee • Hourly Rate • Dues Deducted • List of Employees in the Bargaining Unit who have left the City in the previous month SEW Blue Collar-1010112020-0913012023 20 Page 1111 of 1299 ARTICLE 19 19.0 RECRUITMENT AND SELECTION 19.1 Recruitment and Selection process and procedures are described in The Hiring Process of the City of Boynton Beach. SEW Blue Collar-1010112020-0913012023 21 Page 1112 of 1299 ARTICLE 20 20.0 PROBATIONARY PERIOD 20.1 All newly hired or rehired employees shall be subject to a probationary period of one (1) year. 20.1.2 This initial probationary period may be extended for up to an additional ninety (90) days with the concurrence of the Department Head, Director of Human Resources and Risk Management, and City Manager. 20.2 All promoted,reclassified,transferred,or demoted employees shall be subject to a probationary period of six (6) months, unless the promotion, reclassification, transfer, or demotion occurs while the employee is still within his/her initial one (1)year probationary period. 20.2.1 In the event an employee is promoted, reclassified, transferred or demoted during his/her initial one (1) year probationary period, the length of the employee's probationary period in the positon to which (s)he is promoted, reclassified, transferred, or demoted will be calculated as follows: The balance of remaining time in the employee's initial one (1) year probationary period plus six (6) months from the effective date of his/her promotion, reclassification,transfer, or demotion. For example: New Hire/Re-hire Date: January 1,2017 Original Probationary Period End Date:December 31,2017 Promotion/Reclassification/Transfer/Demotion Date:June 1,2017 New Probationary Period End Date:June 30,2018 [Seven (7) months remaining in initial one (1)year probation plus six(6) months for a total of thirteen (13) months] 20.3 An Employee, while serving in an initial probationary period, as defined in Sections 20.1 and 20.1.2, or who is promoted, demoted,laterally transferred, or reclassified,as defined in Article 21,to a position outside of his/her current and established Career Path,is considered"at-will"and has no property rights and has no appeal rights for discipline up to and including termination. All other rights of bargaining unit members are applicable to probationary employees unless otherwise stated within this Agreement. 20.4 An employee's probationary status is not in and of itself a factor in layoffs. SEW Blue Collar-10/01/2020-09/30/2023 22 Page 1113 of 1299 ARTICLE 21 21.0 PROMOTION,DEMOTION,LATERAL TRANSFER,AND RECLASSIFICATION 21.1 PROMOTION It is recommended that an employee who is interested in applying for a promotional opportunity be in his/her current position for a minimum of six (6) months and have satisfactory performance. Pursuant to Article 20 each promoted employee is subject to a probationary period of at least six (6) months from his/her date of promotion and is subject to the provisions in Article 20.3. 21.1.1 In the event an employee is promoted while serving in his/her initial one (1) year probationary period, the length of the employee's probationary period in the positon to which (s)he promoted will be calculated as follows: The balance of remaining time in his/her initial one(1)year probation plus six(6) months from the date of promotion. For example: New Hire/Re-hire Date: January 1,2021 Promotion Date:June 1,2021 Promotion Probationary Period End Date:July 1, 2022 [Seven (7) months remaining in initial one (1)year probation plus six (6) months,for a total of thirteen (13) months.] 21.1.2 Upon promotion an employee's rate of pay will be adjusted as follows: a. Promotion of one pay grade: +5%of mid-point of new grade or to minimum of new grade, whichever is higher b. Promotion of two pay grades: +7.5%of mid-point of new grade or to minimum of new grade, whichever is higher c. Promotion of three or more pay grades: +10%of mid-point of new grade or to minimum of new grade, whichever is higher 21.1.3 In no event will the employee's base rate of pay exceed the maximum of the pay grade for the position to which the promotion is made. SEW Blue Collar-1010112020-0913012023 23 Page 1114 of 1299 21.2 DEMOTION Pursuant to Article 20, each demoted employee, whether voluntary or involuntary,is subject to a probationary period of at least six(6)months from his/her date of demotion and is subject to the provisions in Article 20.3. 21.2.1 Upon demotion,an employee's rate of pay will be adjusted as follows: Demotion of one pay grade: -5% of mid-point of current grade (position leaving) Demotion of two pay grades: -7.5%of mid-point of current grade (position leaving) Demotion of three of more pay grades: -10%of mid-point of current grade (position leaving) 21.2.2 In no event will the employee's base rate of pay exceed the maximum of the pay grade for the position to which the demotion is made. 21.2.3 A promoted employee who is demoted prior to completion of his/her probationary period will have his/her pay reduced by the same amount as the promotional increase. 21.2.4 The Director of Human Resources and Risk Management and the City Manager reserve the right to make exceptions to Section 21.2.1 of this Article when they determine that the circumstances surrounding the demotion do not warrant reducing the pay of the demoted employee. 21.3 LATERAL TRANSFER Pursuant to Article 20, each transferred employee, whether voluntary or involuntary,is subject to a probationary period of at least six(6)months from his/her date of transfer and is subject to the provisions in Article 20.3. 21.3.1 Employees transferring from one position to another position in the same pay grade, whether in the same or different department, will maintain the same rate of pay. 21.4 RECLASSIFICATION Pursuant to Article 20,each reclassified employee is subject to a probationary period of at least six (6) months from his/her date of reclassification and is subject to the provisions in Article 20.3. 21.4.1 Reclassifications resulting in a promotion, demotion, or lateral transfer and will follow those specified provisions as outlined in this Article. SEW Blue Collar-10/01/2020-09/30/2023 24 Page 1115 of 1299 ARTICLE 22 22.0 SENIORITY AND LAYOFF The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered, along with the needs of the City, when affecting decisions on vacations, promotions,and shifts. 22.1 Seniority shall be defined as the employee's continuous length of service with the City of Boynton Beach. 22.2 Employees shall lose their seniority for the following reasons: A. Termination B. Retirement C. Resignation D. Failure to report to the Department of Human Resources and Risk Management the intention of returning to work within five (5) days of receipt of recall as verified by certified mail E. Failure to return from military leave within the time prescribed 22.3 The City Manager may lay off any union employee whenever such action is made necessary by reason of shortage of work or funds,the abolishment of a position, consolidation of departments or divisions, privatization, reclassification,or reorganization. A. Employees will be given severance pay when laid off from the City according to the following schedule: Completed Years of Service Severance Pay 0 - 1 year 40 hours 2 - 9 years 80 hours 10 - 19 years 120 hours 20+years 160 hours B. Whenever a layoff of one (1) or more employees becomes necessary,the City Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reasons therefore. C. The Director of Human Resources and Risk Management shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. In order to minimize the disruption of the operations of the City,the order of layoff shall be in reverse order of total continuous time served in the same classification and within the same department. SEW Blue Collar-10/01/2020-09/30/2023 25 Page 1116 of 1299 ARTICLE 23 23.0 DISCIPLINE AND PERFORMANCE MANAGEMENT 23.1 COACHING Supervisors provide information, guidance, and directives to employees on a day-to-day basis, which is a standard method of communication in the workplace. Beyond such standard communication, Coaching is an opportunity for an employee and supervisor to discuss work-related progress and concerns. During coaching, supervisors may provide employees with feedback relating to their day-to-day conduct, behavior, and/or overall performance of their jobs, such as what went well, what could have gone better, reminders, and/or other instructive and constructive communications. Coaching is intended to identify to an employee conduct, behavior, or a performance deficiency in an informal and constructive way before it reaches a level necessitating documented disciplinary action. As Coaching does not constitute discipline, employees are not entitled to Union representation when management is providing such feedback. Coaching, although encouraged,is not required prior to the imposition of discipline. 23.2 PROGRESSIVE DISCIPLINE 23.2.1 The City endeavors to maintain productive and mutually beneficial employment relationships with bargaining unit members. No bargaining unit member shall be disciplined without just cause. When employees violate an established policy, procedure, or rule, or when performance deficiencies are identified, management addresses these issues with employees with the intent to have employees correct their behavior and/or improve their performance. 23.2.2 Progressive discipline allows for the imposition of an appropriate level of discipline depending on the facts and circumstances of each case coupled with consideration of the employee's overall employment and disciplinary history. No two employees or circumstances are identical; therefore, individual employees may have different progressive discipline outcomes. 23.2.2.1 Previous Written Counseling (see Section 23.4) that was issued twenty-four(24)months prior to a current disciplinary matter will not be factored into determining the level of discipline for the current matter. Exceptions to this Section may include previous actions regarding preventable accidents/incidents; moral turpitude; theft; and/or acts of aggression/violence. 23.2.2.2 Previous Written Notice/Reprimand (see Section 23.4) that was issued thirty-six (36) months prior to a current disciplinary matter will not be factored into determining the level of discipline for the current matter. Exceptions to this Section may include previous SEW Blue Collar-10/01/2020-09/30/2023 26 Page 1117 of 1299 actions regarding preventable accidents/incidents; moral turpitude; theft; and/or acts of aggression/violence. 23.2.3 Violations are categorized as Misconduct, Serious Misconduct, or Extreme Misconduct. A non-exhaustive list of examples of different types of violations by category is referenced in the City's Personnel Policy Manual. Progressive discipline does not apply to the following categories of conduct: • Workplace Violence • Harassment • Criminal Activity 23.3 DISCIPLINE PROCESS 23.3.1 Initial Meeting When a supervisor identifies a policy, procedure, or rule violation and/or other performance deficiency, the supervisor may, at his/her discretion, schedule an"Initial Meeting"with an employee to discuss the incident or issue to ensure that(s)he has considered the facts and circumstances from the employee's perspective. Although some circumstances may benefit from a supervisor having an Initial Meeting,there is no requirement to have one in all cases. If the supervisor schedules an Initial Meeting,it is because the employee will be subject to questioning,which may result in discipline. As such, an employee is able to request Union representation to accompany him/her to the Initial Meeting. An employee will be provided with a minimum of forty-eight (48) hours of notice of any scheduled Initial Meeting for which(s)he would be responsible for requesting a Union representative No advanced notice to the employee is required when the supervisor has pre-arranged for a Union representative to attend the Initial Meeting. The employee and Union representative will be allowed up to fifteen (15) minutes to confer,without management present, prior to the start of the Initial Meeting. 23.3.1.2 Requesting/Waiving Union Representation It is the employee's responsibility to arrange for Union representation, if so desired, upon receiving notice to attend an Initial Meeting. An employee who arrives to a prescheduled Initial Meeting without Union representation will be deemed to have waived his/her right to such representation, and the meeting will proceed as scheduled. SEW Blue Collar-10/01/2020-09/30/2023 27 Page 1118 of 1299 23.3.2 Disciplinary Meeting A Disciplinary Meeting may be held with an employee at any time. The purpose of a Disciplinary Meeting is to issue already determined discipline. As an employee will not be expected to answer any questions at this meeting, (s)he is not entitled to Union representation. 23.4 TYPES OF DISCIPLINARY ACTION The following disciplinary actions shall be utilized, and, depending on the severity of the offense,the first disciplinary action may be at any appropriate level, including termination of employment. Minor Discipline: A. Written Counseling B. Written Notice C. Written Notice in Lieu of Suspension, D. Unpaid Suspension of twenty-four (24) hours or less, Major Discipline: A. Unpaid Suspension of more than twenty-four (24) hours B. Disciplinary Demotion C. Termination of Employment 23.5 PERFORMANCE IMPROVEMENT PLAN (PIP) Performance Improvement Plans (PIP) are most commonly used in the following circumstances: • To extend an employee's probationary period; • When an employee receives a performance evaluation,which indicates the employee is not meeting expectations; • When an employee's performance, related to deficiencies in their knowledge, skills, abilities, and/or competencies (K.S.A.C.),has deteriorated over a period of time; or • When an employee's performance, related to deficiencies in their knowledge, skills, abilities, and/or competencies (K.S.A.C.), falls below standard following a newly implemented system, process,and/or procedure. A Performance Improvement Plan describes the employee's current performance issues,states the performance expectations for required area(s) of improvement, and provides an action plan to guide the employee toward improving his/her performance within a defined time period. a. A Performance Improvement Plan may be issued at any time and/or in conjunction with any disciplinary action. SEW Blue Collar-10/01/2020-09/30/2023 28 Page 1119 of 1299 b. Any "Major Discipline" or suspension resulting from the unsuccessful completion of a Performance Improvement Plan is subject to a Predetermination Conference. 23.6 TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION 23.6.1 Minor Discipline A112eal/Response Options: a. There are no appeal options for a Written Counseling or for placing an employee on a Performance Improvement Plan. b. Written Comments Employees may submit written comments in response to any Minor Discipline for inclusion in their personnel files. C. Administrative Appeal Employees may request to have an Administrative Appeal with the Director of Human Resources and Risk Management(or Designee) by making such request in writing or by electronic mail directly to the Director of Human Resources and Risk Management within fourteen (14) calendar days of receipt of a Written Notice, Written Notice in Lieu of Suspension, or Unpaid Suspension of twenty-four (24) hours or less. Within thirty (30) calendar days of conducting an Administrative Appeal, the Director of Human Resources and Risk Management (or Designee) will provide the employee with a written response of his/her determination. This determination is final and not subject to further review or appeal. 23.6.2 Major Discipline A112eal/Response Options: a. Written Comments Employees may submit written comments in response to any Major Discipline for inclusion in their personnel files. b. Predetermination Conference Prior to the imposition of any Major Discipline,employees are entitled to participate in a Predetermination Conference. Employees will be provided a letter explaining their eligibility to participate in the Predetermination Conference. If an employee wishes to participate, (s)he must timely elect to do so by completing and returning the Election of Rights form to the Director of Human Resources and Risk Management by the deadline stated in the letter, and (s)he must SEW Blue Collar-10/01/2020-09/30/2023 29 Page 1120 of 1299 attend the Predetermination Conference as scheduled. An employee may have a representative attend the Conference with him/her. As soon as practical after the Predetermination Conference, the employee will be notified in writing of the City's decision. If no agreement is reached following the City's response to the Predetermination Conference, the Union may refer the matter on behalf of the employee to arbitration by notifying the Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the tenth (10th) day of receipt of the City Manager's response. 23.7 CRIMINAL CHARGES a. If an employee is arrested and charged with a felony offense, the employee shall be placed on Administrative Leave Without Pay until all final dispositions of the criminal charges. An employee who is convicted of, or who pleads guilty or no contest to, a felony or who pleads guilty or no contest in conjunction with a plea negotiation shall be terminated from his/her employment with the City without the right to a Predetermination Conference or appeal through the Grievance process. If an employee is convicted of, or pleads guilty or no contest to a lesser charge or in conjunction with a plea negotiation, (s)he may be terminated from his/her employment with the City pending the outcome of a Predetermination Conference. b. During an Administrative Leave Without Pay under these circumstances, an employee will be paid from any accrued and available vacation and sick leave. SEW Blue Collar-10/01/2020-09/30/2023 30 Page 1121 of 1299 ARTICLE 24 24.0 GRIEVANCE AND ARBITRATION A grievance is defined as a dispute or disagreement involving the application or interpretation of the express provisions of this Agreement. Issues or disputes,which are not grievances as so defined,shall not be subject to arbitration but may be processed through the grievance procedure. The Parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Challenges to discipline are governed by Article 23 -Discipline and Performance Management. All references to "days"in this Article shall mean calendar days. 24.1 Grievance Procedures All grievances and responses to grievances shall be dated and submitted in writing by electronic mail to the Director of Human Resources and Risk Management(or Designee). The Parties agree to the step procedure outlined in this Article and acknowledge that the Parties can only extend stated deadlines by written agreement that matters are temporarily (not to exceed ten (10) days) being held in abeyance. Extensions shall never be inferred by the conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely file or timely advance a grievance to the next step, the grievance is deemed "withdrawn" and cannot be refiled. If the City fails to timely respond at any step, the grievance is deemed "denied"and the Union or Grievant may proceed to the next step. The Parties agree to utilize the Director of Human Resources and Risk Management (or Designee) at all steps as the conduit for receiving and responding to grievances submitted to the City. Grievances at all steps shall be submitted by electronic mail to the Director of Human Resources and Risk Management (or Designee). For the purpose of this Article, "of receipt" shall mean the date the electronic mail message was sent. 24.1.1 Step One - Department Director The Union or Grievant shall submit in writing a Step One grievance on behalf of an employee or group of employees on or by the fifteenth(15th) day of the occurrence or on or by the fifteenth(15th) day of when the employee(s)knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name,job title,and department of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: SEW Blue Collar-10/01/2020-09/30/2023 31 Page 1122 of 1299 a. Statement indicating the grievance is a class action; and b. Signature of an SEIU Union Official(President,Vice-President,Chief of Staff, Deputy Chief of Staff, or non-City employee Lead Negotiator). In the event a grievance does not contain the required information listed above,the Director of Human Resources and Risk Management(or Designee) may return the grievance to the Union or Grievant by electronic mail with a written notification identifying the missing information and deeming the grievance as "incomplete." An "incomplete" grievance must be returned to the Union or Grievant on or by the fifteenth (15th) day of receipt of the grievance. The Union or Grievant will then have five (5) days from the date of receipt of the incomplete grievance to resubmit a complete grievance. If a complete grievance is not resubmitted on or by the fifth (5th) day of receipt,it will be deemed "withdrawn," and the Union or Grievant will not be able to resubmit it. The Department Director's Step One response shall be transmitted to the Union on or by the tenth (10th) day of receipt of a complete grievance. 24.1.2 Step Two - Director of Human Resources and Risk Management (or Designee) If no agreement is reached at Step One, the Union or Grievant may file a Step Two written grievance on behalf of grievant(s)by electronic mail to the Director of Human Resources and Risk Management on or by the seventh (7th) day of receipt of the Step One response. The Step Two written grievance shall describe with specificity the information on which the Union is relying to establish why it believes the Department Director's Step One response is not correct The Director of Human Resources and Risk Management (or Designee), at his/her discretion,may conduct interviews with the grievant(s),the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The Director of Human Resources and Risk Management (or Designee) must notify the Union or Grievant within five (5) days of receipt of the Step Two appeal if (s)he intends to conduct an interview with the grievant(s). Once such notification is made, the time period for the City's Step Two response is tolled until the interviews can be scheduled and conducted. The Director of Human Resources and Risk Management(or Designee) shall respond in writing to the Step Two grievance by electronic mail on or by the twentieth (20th) day of receipt of the Step Two grievance or on or by the twentieth(20th) day following an interview with the grievant(s), if an interview occurred. 24.1.4 Step Three-Arbitration a. If no agreement is reached at Step Two the Union may refer the grievance on behalf of the grievant(s) to arbitration by notifying the Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the twentieth (20th) day of receipt of the Step Two response. The City may also request arbitration by notifying an SEIU Union Official by electronic SEW Blue Collar-10/01/2020-09/30/2023 32 Page 1123 of 1299 mail on or by the twentieth (201h) day of submitting the Step Two response. Employees who are not members of the Union,and who the Union refuses to represent as a result of such non-membership in the Union, may proceed to arbitration on their own and at their own expense, unless the Union has determined that the grievance giving rise to the arbitration has no merit. 24.2 Arbitration Procedures The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of arbitration notice as referenced in Section 24.1.4.a. by filing a request with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators with a business office in the State of Florida. A copy of this request shall be served on the other Party. 24.2.1 Arbitrator Selection Each Party retains the right to reject one arbitrator panel in its entirety and request that a new panel be issued. The Party requesting arbitration shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The person remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location determined by the Parties. 24.2.2 Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City;however,each Party shall fully bear the expense of preparing and presenting its own case,including the cost of witnesses and other people it requires to attend the arbitration. 24.2.3 Arbitrator Authority and Award The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event shall the terms and provisions of this Agreement be deleted, modified, or amended by the arbitrator. The arbitrator shall consider and decide only the specific issues raised by the grievance when it was submitted in writing to the City at Step One and the arbitrator shall have no authority to make his/her decision on any issue not submitted to him/her. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. In the event the arbitrator finds a violation of the Agreement, the arbitrator shall determine an appropriate Award. The arbitrator's Award shall not be greater than the restoration of the employee to his/her most recent position held and the monetary value of the employee's back wages and benefits to make the employee "whole." SEW Blue Collar-10/01/2020-09/30/2023 33 Page 1124 of 1299 24.2.4 Other Provisions A transcript of the Hearing will be made,unless waived by both Parties. Briefs, if any, must be filed with the arbitrator no later than thirty(30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested by either Party. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. SEW Blue Collar-10/01/2020-09/30/2023 34 Page 1125 of 1299 ARTICLE 25 25.0 INSURANCE 25.1 Medical,Vision and Dental Insurance The sole medical benefit plan available to employees is a High Deductible Health Plan (HDHP). 25.1.1 Year One: (October 1, 2020 through September 30, 2021) 1. The premium cost for "employee only" HDHP medical, dental, and vision insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. For this plan year, the City absorbed the cost of a twelve and a half percent(12.5%) increase in medical insurance premiums. The City Commission, through the Annual Budget process, may appropriate funds to subsidize the employees' premium costs for employees who cover dependent children on their medical plans. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of and/or amount of any such subsidy is not subject to negotiation. 2. The City will contribute an annualized total of seven hundred fifty ($750.00) into an employee's HSA on the first full pay period check date following January 1, 2021. a. In order to be eligible for HSA deposit above, an employee must be actively employed on January 1, 2021. b. Employees who are enrolled on the City's medical plan but who are ineligible to have an HSA because they are also enrolled in Medicare,may be eligible to receive the City contribution amount referenced in Section 2 above as a lump sum. These employees must inquire directly with the Director of Human Resources and Risk Management(or Designee)no later than December 1st to be considered. 3. The City will contribute two hundred fifty dollars ($250.00) into an employee's HSA when they complete a Personal Health Assessment (PHA) between October 1, 2020 through July 31, 2020 at the Employee Health and Wellness Center and provide the required documentation to Human Resources. There should be a minimum of seven (7) months between PHA exams. 4. The City will provide opportunities to convert an annualized total value of up to one thousand five hundred dollars ($1,500.00) after pension deduction, of any combination of sick and vacation time at the 100%conversion rate to help fund their HSA. This conversion can be done during the following times: a. November 1,2020 -November 30,202017 (any amount up to an annualized total of$1,500.00) b. April 1,2021-April 30,2021 (any amount up to an annualized total of$1,500.00) SEW Blue Collar-10/01/2020-09/30/2023 35 Page 1126 of 1299 c. August 1, 2021 - August 31, 2021 (any amount up to an annualized total of $1,500.00) d. For purposes of this Article, "annualized" means plan year October 1, 2020 through September 30, 2021. 5. Newly hired employees, hired on or after October 1, 2020, and who elect to be covered on the City's medical insurance, will accrue sixty-two dollars and fifty cents ($62.50) per active month of service for the City to deposit into their HSA through September 2021. The initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 25.1.2 Year Two: (October 1, 2021 through September 30, 2022) a. The aforementioned provisions in section 25.1.1 will be effective for future plan years during the term of this Agreement, with modification to the dates in order to refer to the applicable year. b. The City and Union agree to reopen this section [25.1.1] no later than July 15th of each year of the Agreement if the following occurs: i. The billing premium cost passed on to the employee for dependent coverage increases by more than five percent(5%); and ii. The deductible amounts increase by more than$250.00 for employee only coverage or more than $500.00 for employee plus dependent(s) or family coverage. 25.1.3 Year Three: (October 1, 2022 through September 30, 2023) a. The aforementioned provisions in section 25.1.1 will be effective for future plan years during the term of this Agreement, with modification to the dates to refer to the applicable year. b. The City and Union agree to reopen this section [25.1.1] no later than July 15th of each year of the Agreement if the following occurs: i. The billing premium cost passed on to the employee for dependent coverage increases by more than five percent(5%); and ii. The deductible amounts increase by more than$250.00 for employee only coverage or more than $500.00 for employee plus dependent(s) or family coverage. SEW Blue Collar-10/01/2020-09/30/2023 36 Page 1127 of 1299 ARTICLE 26 26.0 PENSION 26.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No.88-43,as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union,in its entirety, upon request from the Union. 26.2 Recent Historical Changes During Bargaining • The City and the Union agree to conform the pension plan to state requirements as pertaining to municipal pension programs. • DROP: Employees hired on or after January 1, 2020 will receive interest at a rate of 0%-8%depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. SEW Blue Collar-10/01/2020-09/30/2023 37 Page 1128 of 1299 ARTICLE 27 27.0 HOURS OF WORK, OVERTIME,AND BREAKS 27.1 HOURS OF WORK 27.1.1 The basic work week shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish, and may change, the basic work week and hours of work best suited to meet the needs of the City. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 27.1.2 The Department Director(or Designee)will establish a regular work schedule for employees and may change an employee's or group of employees'regular work schedules to meet department needs. Employees will be notified in writing with a minimum of six (6) calendar days of notice of any change to their regular work schedules. Notwithstanding the requirement for the advanced notice, employees may, at their sole discretion, waive the notice period and begin to work the new schedule upon request of the Department Director (or Designee). 27.1.3 Employees may be required to work additional hours as assigned by their supervisors. 27.1.4 Employees shall not be in a work status more than seven(7) minutes prior to, or more than seven(7)minutes after,their regular workdays unless they have their supervisor's approval to be in a work status. For purposes of timekeeping, the City will round time to the quarter hour consistent with 29 C.F.R.§ 785.48. Example: 6:53 - 7:07 = 7:00 7:08 - 7:22 = 7:15 7:23 - 7:37 = 7:30 7:38 - 7:52 = 7:45 27.1.4.1 It is understood that the clock or other system designated by an employee's supervisor to record arrival and departure shall be the clock or system against which timely reporting for work is measured. If at any time that clock or system is deemed inoperative, the immediate supervisor will advise employees which clock or system will be utilized for timekeeping purposes. 27.1.4.2 Employees are required to accurately document or record their work time pursuant to their department's system. 27.1.5 Shift Bidding: Employees who work in departments in job classifications that have more than one established shift are able to bid on these shifts SEW Blue Collar-10/01/2020-09/30/2023 38 Page 1129 of 1299 pursuant to the Department's/Division's established shift bidding process. A list of Departments/Divisions with established shift bidding processes is available in ADDENDUM"A"of this Agreement. 27.1.5.1 If no departmental/divisional shift bidding process exists for a job classification within a Department/Division that has more than one shift,then the priority for selecting shifts will be based on seniority, as defined by the length of time in the job classification within the department/division,as long as the department/division can maintain the necessary balance of employees with the requisite knowledge, skills, and abilities required for the shift. The Department Director retains the sole discretion to determine the requisite knowledge,skills,and abilities complement required on each shift. Such shift bidding opportunities will be granted each year on December 1st and become effective January 1st. 27.2 OVERTIME 27.2.1 All work performed in excess of forty (40) hours in any one work week shall be paid in accordance with the Fair Labor Standards Act (FLSA) regulations for overtime. 27.2.2 Only hours "actually worked"will be considered in the calculation of overtime. 27.2.3 Additional hours may be offered and scheduled for a specified work function. Such additional hours will be offered on a rotating basis based on seniority, which is defined as the length of time in the job classification within the department/division. Department/Division established rotation processes supersede this provision. A list of Departments/Divisions with established rotation processes is available in ADDENDUM"B"of this Agreement. 27.2.3.1 Additional hours worked are not calculated as "overtime"until an employee has"actually worked"in excess of forty(40) hours in the work week. 27.2.4 Supervisor's shall provide no less than two (2)hours of advanced notice to employees prior to the assignment of unscheduled/mandated additional work hours except in the case where the supervisor, in consultation with the Department Director(or Designee),has determined that the additional unscheduled/mandated hours are deemed an immediate necessity for providing City services. 27.2.4.1 An employee who refuses or fails to work additional hours, pursuant to Section 27.2.4, may be subject to discipline if the employee does not have a legitimate reason, as determined by the supervisor in consultation with Human Resources, as to why (s)he cannot work the hours. SEW Blue Collar-10/01/2020-09/30/2023 39 Page 1130 of 1299 27.2.5 In the event an employee is required to work additional hours, the employee's hours may be flexed within the same work week, provided the employee and the supervisor mutually agree to do so. 27.3 BREAKS 27.3.1 Employees are provided with two (2) paid fifteen (15) minute breaks throughout the course of a minimum eight (8) hour scheduled shift. During scheduled shifts of less than eight(8)hours,employees are provided with one (1) paid fifteen (15) minute break. During these paid breaks, employees are required to remain at the job site. Paid breaks are scheduled by the employee's supervisor,and the supervisor may authorize the combination of two (2) paid breaks. 27.3.2 Unless otherwise stated,employees who are scheduled to work a shift of eight and a half (8.5) hours have a thirty (30) minute unpaid break. Employees who are scheduled to work a shift of nine (9) or more hours have a sixty (60) minute unpaid break. During this break time, employees are allowed to leave the job site. Unpaid breaks are scheduled by the employee's supervisor,and the times of such breaks are subject to change without notice. 27.3.2.1 An employee who, due to work necessity as dictated by his/her supervisor, is unable to disengage from work for the break referenced in Section 27.3.2 may be required or authorized by his/her supervisor to flex that time on the same work day. 27.3.2.2 A Department Director, with approval from the Director of Human Resources and Risk Management and the City Manager, may authorize an employee to have an alternate unpaid break length that is consistent with his/her regular work schedule. 27.3.2.3 Employees in the following job classifications are not eligible for the break referenced in Section 27.3.2 because they are required to remain at the job site an unable to fully disengage from their work: • Plant Operator Maintainer Trainee • Water Treatment Plant Operator I • Water Treatment Plant Operator II • Water Treatment Plant Operator III • Water Treatment Plant Lead Operator 27.3.3 An employee who fails to adhere to break time provisions, including timely returning to work from breaks,is subject to discipline. SEW Blue Collar-10/01/2020-09/30/2023 40 Page 1131 of 1299 27.4 Task Assignment(Solid Waste) 27.4.1 Solid Waste employees are responsible for satisfactory completion of a daily Task Assignment. A daily Task Assignment is defined as those duties correlating to collection of solid waste from defined routes; assisting other employees in collecting solid waste from other defined routes pursuant to Section 27.4.2; attending departmental meetings that require employee attendance; cleaning and maintaining vehicles; performing emergency work pursuant to Section 27.4.3; and any other duties assigned by supervisory staff related to support services for solid waste collection and to advance Citywide disaster responses. 27.4.2 Within the Solid Waste Division, circumstances may arise which prevent certain crews from completing their assigned routes within the work day. In this event, Management may direct other crews to help complete the route(s) of crews who were unable to complete their route(s) on that same day. 27.4.3 All employees in the Solid Waste Division of Public Works who perform work pursuant to Section 27.4.1 are considered Task employees. Task employees will be assigned to shifts of either eight (8) or ten (10) hours per day. Task employees will maintain the same shift for an entire work week. At the beginning of each work day, a daily Task Assignment shall be assigned by the supervisor. Upon completion of the assigned daily Task Assignment, a Task employee may be required to perform other work functions related to the Solid Waste Division of Public Works. 27.4.3.1 Task employees shall be released from duty only by their immediate supervisors, the supervisor on-duty, or the Solid Waste Manager. Task employees are prohibited from releasing themselves from duty. Task employees who self-release from duty are subject to disciplinary action. 27.4.4 The Director of Public Works (or Designee) will "equalize," as closely as possible, assignments for Task employees. 27.4.5 An employee may be assigned to cover another employee's assigned route when the employee who is normally assigned to the route is on vacation or is on extended leave. In this case,the employee who is assigned to cover the route shall be assigned that route for the entire work week and shall work the same shift as the employee for whom(s)he is covering. Management shall make every effort to provide the covering employee with forty-eight(48)hours of advance notice. 27.4.6 "Task hours"Accrual and Effect on Payroll 27.4.6.1 Section 27.2.4 is not applicable to Task employees who are on Task Assignment (Solid Waste). Overtime is calculated and paid pursuant to Sections 27.2.through 27.2.3.1. 27.4.6.2 Due to the type of work, there may be instances when an employee completes his/her daily work prior to the end of his/her regularly scheduled shift ending time. If no other work is required to be completed, a supervisor may release the employee for the day. In order to ensure that the SEW Blue Collar-10/01/2020-09/30/2023 41 Page 1132 of 1299 employee is not adversely affected by this early release,the remaining hours in the work day will be notated as"Task hours." 27.4.6.3 "Task hours" are hours that are not "actually worked;" therefore,these hours are not considered"hours worked"for the purposes of calculating overtime. Task hours also shall not result in paying an employee for more than forty (40) hours in any work week if (s)he has not actually worked more than forty (40) hours in that work week. 27.4.6.4 "Task hours" that have been accrued during the work week are only paid when an employee,as a direct result of being released early from his/her scheduled task assignment, has not met the minimum threshold of forty(40) hours in the work week. Example #1: Day Hours Worked Task Hours Accrual (not worked) Monday 9 1 Tuesday 10 0 Wednesday OFF OFF Thursday 12 0 Friday 6 4 Weekly 37 5 Hours Paid 37 Reg 3 Task 40 total hours Example #2: Day Hours Worked Task Hours Accrual (not worked) Monday 12 0 Tuesday 12 0 Wednesday OFF OFF Thursday 8 2 Friday 10 0 Weekly 42 2 Hours Paid 40 Reg&2 OT 0 Task 42 total hours Example #3: Day Hours Worked Task Hours Accrual (not worked) Monday 12 0 Tuesday (Vacation) 10 0 Wednesday OFF OFF Thursday 8 2 Friday 9 1 Weekly 39 3 Hours Paid 29 Reg&10 Vac 1 Task 40 total hours SEW Blue Collar-1010112020-0913012023 42 Page 1133 of 1299 27.4.7 Employees may sign up to voluntarily work on Sunday to perform work consistent with Task Assignments. Voluntary Sunday Task Assignments shall be offered on a rotating seniority basis, starting with the most senior employee who signed up to work. 27.4.7.1 A Task employee who has volunteered to work on that Sunday will be paid either: (a)three (3)hours at one and a half(1.5)times his/her regular rate of pay or (b) the total of all actual hours (s)he "actually worked" at his/her regular rate of pay,whichever is greater. 27.4.7.2 Should no Task employees volunteer to work on a Sunday when work is available, the City shall mandate the Sunday Task Assignment by reverse seniority, beginning with the least senior Task employee. Task employees who have been mandated to work a Sunday Task Assignment will be paid the total of all actual hours (s)he"actually worked"at his/her regular rate of pay. 27.5 UTILITIES SHIFT DIFFERENTIAL Water Plant Operators who work the evening/overnight shift(current shift as of ratification: 6:00 p.m. - 6:00 a.m.) are eligible to receive a shift differential, which is an additional five percent(5%) of pay per hour. SEW Blue Collar-10/01/2020-09/30/2023 43 Page 1134 of 1299 ARTICLE 28 28.0 COMPENSATORY TIME 28.1 Employees may accrue compensatory time in lieu of overtime pay when the employee works in excess of forty(40) hours in a work week. 28.2 Compensatory time is accrued at one and a half (1.5) times per hour of overtime worked. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Compensatory time must be taken within the quarter following its accrual or it will be paid out. 28.2.1 The first quarter begins on October 1st. 28.3 It is solely the employee's option to choose whether (s)he wishes to be paid for his/her overtime or to accrue compensatory time. The City will not encourage employees to take one form of compensation over the other. SEW Blue Collar-10/01/2020-09/30/2023 44 Page 1135 of 1299 ARTICLE 29 29.0 HOLIDAYS 29.1 The following is a list of City-observed holidays. The dates on which each holiday is observed by the City is determined each October for the upcoming calendar year. • New Year's Day • Martin Luther King,Jr. Day • Presidents'Day • Memorial Day • Independence Day • Labor Day • Veterans'Day • Thanksgiving Day • Day After Thanksgiving • Christmas Eve • Christmas Day 29.2 Holiday Pay Provisions 29.2.1 For employees who are not required to work on a City-observed holiday: A. When a City-observed holiday falls on an employee's scheduled work day,the employee will receive eight(8)hours holiday pay at straight time. B. When a City-observed holiday falls on an employee's non- scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. C. Employees must work their regularly scheduled work day immediately before and their regularly scheduled work day immediately after the holiday or be in a pre-approved and authorized pay status immediately before and after the holiday in order to receive holiday pay or have floating holiday hours added to their vacation leave banks. 29.2.2 For employees who are required to work on a City-observed holiday: A. An employee who is scheduled and required to work on a City- observed holiday,will receive eight(8)hours of holiday pay at straight time in addition to being compensated for their hours "actually worked." SEW Blue Collar-10/01/2020-09/30/2023 45 Page 1136 of 1299 B. Employees must report to work on time and work until the end of their shift on the City-observed holiday in order to be eligible for holiday pay. 29.2.3 Employees who are on a pre-approved and authorized leave with pay status on the date on which a City-observed holiday falls will have their leave time for that date designated as "holiday," and it will not be charged to or deducted from their otherwise designated leave bank. 29.3 Task Assignment(Solid Waste) Holidays 29.3.1 For Task employees who are not required to work on a City-observed holiday: A. When a City-observed holiday falls on a Task employee's scheduled work day, the employee will receive eight (8) hours holiday pay at straight time. B. When a City-observed holiday falls on a Task employee's non- scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. C. Employees must work their regularly scheduled work day immediately before and their regularly scheduled work day immediately after the holiday or be in a pre-approved and authorized pay status immediately before and after the holiday in order to receive holiday pay or have floating holiday hours added to their vacation leave banks. When a City-observed holiday falls on a Task employee's non-scheduled work day, it will be treated as a floating holiday, and eight (8) hours will be added to the Task employee's vacation leave bank. 29.3.2. For Task employees who are required to work on a City-observed holiday: A. An employee who is scheduled and required to work on a City-observed holiday, will receive eight (8) hours of holiday pay at straight time in addition to being compensated for their hours"actually worked." B. Should a Task employee be required to perform "actual work" beyond his/her regular eight(8)or ten (10)hour Task Assignment schedule on a holiday, those hours also count as "hours worked" for purposes of calculating overtime. C. Employees must report to work on time and work until the completion of their Task Assignment on the City-observed holiday in order to be eligible for holiday pay. SEIU Blue Collar-10/01/2020-09/30/2023 46 Page 1137 of 1299 29.3.3 Employees who are on a pre-approved and authorized leave with pay status on the date on which a City-observed holiday falls will have their leave time for that date designated as"holiday,"and it will not be charged to or deducted from their otherwise designated leave bank. 29.3.4 Task employees are prohibited from using Emergency Vacation,as referenced in Article 36.4, on a City-observed holiday. 29.3.5 The City will publish a holiday service schedule and makeup day schedule at least six(6) months in advance of a holiday. SEW Blue Collar-10/01/2020-09/30/2023 47 Page 1138 of 1299 ARTICLE 30 30.0 WAGES 30.1 Year One (October 1, 2020 - September 30, 2021): Bargaining Unit members who were actively employed on September 30, 2020 and who have not terminated before ratification of this Agreement,will receive a two and a half percent (2.5%) increase to their hourly base rate effective retroactive to October 1,2020 provided Union holds ratification vote on or before November 6, 2020. If ratification vote is held on or after November 7,2020,the increase will be effective at the start of the first full pay period following ratification by Commission. Employees who are at the maximum of their pay grades will receive an equivalent lump sum payment. 30.2 Year Two (October 1, 2021 - September 30, 2022): This Article will be reopened for negotiations in May 2022. Year Three may also be reopened at this time. 30.3 Year Three (October 1, 2022 - September 30, 2023): This Article will be reopened for negotiations no later than July 2023. SEW Blue Collar-10/01/2020-09/30/2023 48 Page 1139 of 1299 ARTICLE 31 31.0 STANDBY,CALL BACK,AND OTHER ASSIGNMENT INCENTIVE PAY 31.1 STANDBY PAY Standby Pay may also be referred to as "Beeper Pay" or "On-Call Pay." Department Directors establish departmental/divisional rules regarding Standby protocols, including response times and procedures, which meet the needs of their respective operations. This Article addresses how an employee will be compensated for Standby assignments. This Article is only applicable to employees who are required to report to"the field"rather than to "the office"or"the center." 31.1.1 Supervisors schedule employees for Standby Assignments on a rotating basis and considerations may include: seniority, capability, availability, and reliability. 31.1.2 Divisions/Departments establish the rate of Standby Pay,which is not to be less than the equivalent of one and one half(1.5)hours of pay at an employee's hourly base rate of pay. Divisions/Departments with established Standby Pay are attached in ADDENDUM"C." 31.1.3 Standby Pay for Court Appearances During Non-Working Hours: a. Upon notice from the City that an employee is required to remain on standby for a court appearance,the employee shall receive one (1) hour of Standby Pay at the employee's hourly base rate of pay for each non-working day(s)he is required to remain in such status. Employees in this status will be compensated at a rate one half (0.5) hour of pay at the employee's hourly base rate of pay for a maximum of eight(8) hours per non-working day. b. Employees who are required to appear in Court on behalf of the City are eligible for Call Back Pay, as defined in 31.3.2. of this Article, if such appearance is required during their non- working hours. 31.2 CALL BACK PAY Department Directors establish departmental/divisional rules regarding Call Back protocols, including response times and procedures, which meet the needs of their respective operations. This Article addresses how an employee will be compensated for Call Backs. This Article is only applicable to employees who are required to report to "the field" rather than to "the office" or "the center." Call Back Pay for Bargaining Unit members in the Police Department is addressed in ADDENDUM"D." An employee who is called back to work more than thirty(30) minutes after or more than thirty (30) minutes before his/her regularly scheduled work hours will receive Call Back Pay as follows: SEW Blue Collar-1010112020-0913012023 49 Page 1140 of 1299 31.2.1 For each Call Back from 6:00 a.m.through 6:59 p.m. a. Call Back Pay Minimum: Two (2) hours at one and one half (1.5) times the employee's hourly base rate, regardless of length of time required to complete the work. (No concurrent pay for the Call Back Pay Minimum and Regular Hours pay is permitted.) b. Time worked in excess of two (2) hours for one Call Back will be paid at straight time and will be counted as"hours worked" for purposes of calculating overtime. 31.2.2 For Each Call Back from 7:00 p.m.through 5:59 a.m. a. Call Back Pay Minimum: Three (3) hours at one and one half (1.5) times the employee's hourly base rate, regardless of length of time required to complete the work. (No concurrent pay of the Call Back Pay Minimum and Regular Hours pay is permitted.) b. Time worked in excess of three(3)hours for one Call Back will be paid at straight time and will be counted as"hours worked" for purposes of calculating overtime. Example #1 Employee's regular day is M-F 7:00am-3:30pm. Employee gets a call at 7:00 pm and works 0.5 hour Receives 3.00 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Employee gets another call at 8:30pm works for 0.5 hours Receives 3.00 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Employee gets another call at 10:00pm works for 0.75 hours Receives 3.00 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Example #2 Employee's regular day is M-F 7:00am-3:30pm. Employee gets a call at 7:00 pm works 0.5 hour Receives 3 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Employee gets another call at 8:30pm works for 3.50 hours Receives 3 hours of Call Back,and 0.50 hour of regular pay. (no concurrent pay of call back and regular hours) Employee gets another call at 3:00 am works for 0.75 hours SEW Blue Collar-10/01/2020-09/30/2023 50 Page 1141 of 1299 Receives 3 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Example #3 Employee's regular day is M-F 7:00am-3:30pm. Employee gets a call at 7:00 pm works 3.0 hours Receives 3 hours of Call Back pay of pay. (no concurrent pay of call back and regular hours) Employee gets another call at 10:00 pm works for 1.0 hour Receives only 1.00 hour of regular pay and NO CALL BACK,because they were not "called back,"they were still in the field. (no concurrent pay of call back and regular hours) Employee gets a call at 3:00 am works for 0.75 hours Receives 3 hours of Call Back Pay only. (no concurrent pay of call back and regular hours) 31.3 OTHER ASSIGNMENT INCENTIVE PAY Nothing in this Article limits the City's ability to, or requires the City to, offer other incentive pay for assignments; however, such assignment incentives, if offered,will be made available to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment is being made. Seniority, defined as length of time in job classification within the Division of the Department, will be the basis from which selections for such assignments are made. 31.3.1 No assignment incentives may extend beyond three (3) months without the assignment being rotated based on seniority to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment is being made. Seniority, defined as length of time in job classification within the Division of the Department,will be the basis from which selections for such assignments are made. 31.3.2 Any offer of other incentive pay for assignments is not a guarantee that such incentives will be continued,and the Union expressly waives its right to consider such incentives as a"Past Practice." SEW Blue Collar-10/01/2020-09/30/2023 51 Page 1142 of 1299 ARTICLE 32 32.0 CERTIFICATIONS AND PROFESSIONAL LICENSES Some positions within the City's established Job Classification system require employees to maintain certain certifications) and/or professional license(s) as a minimum requirement and as a condition of employment. Some positions within the City's established Job Classification system require employees to obtain certain certification(s) and/or professional license(s) as a prerequisite for advancement to the next step in the classification's Career Path. For purposes of this Article, Florida Class E Driver's Licenses are not considered"professional licenses." Nothing within this Article is a waiver or limitation of Management Rights. 32.1 An employee who is required to maintain such professional license(s) and/or certification(s), as a minimum requirement, as specified in the Job Classification for the employee's current position, is eligible for financial assistance. 32.1.1 The City will provide financial assistance for the maintenance of such professional license(s) and/or certifications) as follows: a. The City will reimburse the employee for application/registration and/or testing fees upon receipt of employee's documented, successful completion and renewal of required professional license and/or certification. b. The City is not responsible for costs associated with travel and costs associated with any classes required as continuing education credits. 32.2 An employee who is required to obtain such professional license(s) and/or certification(s) as a prerequisite to advancing to the next step in his/her job classification's Career Path is eligible for financial assistance. 32.2.1 The City will provide financial assistance for the maintenance of such professional license(s) and/or certifications) as follows: a. The City will reimburse an employee for twenty-five percent (25%) of the cost for one (1) set of basic study materials per employee per required license and/or certification. b. The City will reimburse the employee for application/registration and/or testing fees upon receipt of employee's documented, successful completion and renewal of required professional license and/or certification. c. The City is not responsible for costs associated with travel and costs associated with any classes required as continuing education credits. SEW Blue Collar-10/01/2020-09/30/2023 52 Page 1143 of 1299 32.3 The City may, from time to time, offer other incentives or additional pay to employees who, on their own time and expense, have attained professional license(s) or certification(s), which are not required in, but allow them to perform additional functions within their current Job Classification,and such functions are determined by the Department Director to be beneficial for the employees to be able to perform. 32.3.1 Employees who are receiving incentives or additional pay pursuant to Section 32.3 are not eligible to receive "Out of Class Pay" (See Article 34) unless the employee has been assigned in writing to perform another job due to a vacancy in the budgeted position. In cases when an employee has been assigned to work Out of Class, any incentive(s) or additional pay will be suspended until such time that the Out of Class assignment is concluded. 32.3.2 Nothing in Section 32.3 requires the City to offer other incentives or additional pay to employees who have professional license(s) and/or certification(s) not specifically stated as a minimum requirement in their current Job Classifications. Any such incentive or additional pay, if offered, will be made available to all employees in the same job classification within the same Division/Department, who have identical professional license(s) and/or certifications) and who are willing to perform additional functions, which are not required in their current Job Classification Any offer of other incentives or additional pay for assignments is not a guarantee that such incentives or additional pay will be continued, and the Union expressly waives its right to consider such incentives and additional pay as "Past Practices." SEW Blue Collar-10/01/2020-09/30/2023 53 Page 1144 of 1299 ARTICLE 33 33.0 EMERGENCY PAY POLICY 33.1 Emergency pay shall hereinafter be paid pursuant to the provisions of City Emergency Ordinance 2005-036 or the most current City Emergency Ordinance. SEW Blue Collar-10/01/2020-09/30/2023 54 Page 1145 of 1299 ARTICLE 34 34.0 OUT OF CLASS ASSIGNMENT PAY 34.1 Employees shall be required to perform work in a different classification upon notice from their supervisor. The supervisor is responsible for documenting Out of Class Assignments for payroll processing. 34.2 Out of Class Assignment Pay of five percent (5%) will be provided to employees who are assigned to work in a position in a higher pay grade for at least eight (8) hours. Any Out of Class Assignment for a duration of more than forty(40) hours will be documented on an eForm. 34.3 Upon release from an Out of Class Assignment,the five percent(5%)increase to the employee's hourly rate of pay or the minimum hourly rate of the assigned classification's pay grade will terminate. 34.4 For training purposes, employees are required, upon written notice from their supervisor, to perform work functions that may be included in a Job Classification in a higher pay grade. An employee who is assigned pursuant to this Section is not entitled to Out of Class Pay. SEW Blue Collar-10/01/2020-09/30/2023 55 Page 1146 of 1299 ARTICLE 35 35.0 TRAINING ASSIGNMENT PAY 35.1 On-the-job training is important to help acclimate employees to new or different job responsibilities. Having employees share their knowledge and expertise in integral to building efficient and effective operations while fostering team work and collaboration. 35.2 Employees, upon notice from their supervisors, are required to train other employees. When an employee is assigned to train an employee who is new to his/her position,this will be documented on an eForm. 35.3 Employees who have been assigned to train other employees, pursuant to Section 35.2, will receive a five percent (5%) increase to their hourly rate of pay until the assignment is concluded. 35.4 Upon release from a Training Assignment, the five percent (5%) increase to the employee's hourly rate of pay will terminate. SEW Blue Collar-10/01/2020-09/30/2023 56 Page 1147 of 1299 ARTICLE 36 36.0 VACATION 36.1 Accrual: Employees accrue vacation hours each pay period when they are in an active and paid status of twenty-four (24) or more hours. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 Year 80 2-3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16-20 Years 192 21 Years&After 200 36.1.1 An employee may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30th of each year will be forfeited. 36.1.2 An employee who has had documented vacation leave request(s) denied during the fiscal year due to operational requirements and will exceed the Allowable Maximum on September 30th, may request to receive payment for the excess vacation hours (up to the number of vacation hours that were denied). 36.1.2.1 In order to receive the payment in Section 36.1.2 the employee must notify his/her supervisor no later than August 1st of the current fiscal year, so the supervisor can have the denied leave requests and an EAR submitted to Finance no later than September 1st of the current fiscal year. Payment will be made on the last paycheck date of the fiscal year. 36.2 Requests: Vacation may be requested as earned, in thirty (30) minute increments, subject to the approval of the Department Director (or Designee) who shall approve or deny vacations based on operating requirements of the Department. Approval of vacation leave requests must not be unreasonably withheld. SEW Blue Collar-10/01/2020-09/30/2023 57 Page 1148 of 1299 36.2.1 Requests to use vacation for three (3) consecutive shifts or less must be submitted for approval twenty-four (24) hours in advance. Supervisors must approve or deny the request prior to the end of the work shift on the work day preceding the first requested date. 36.2.2 Requests to use vacation for more than three (3) consecutive shifts must be submitted for approval seventy-two (72) hours in advance. Supervisors must approve or deny the request forty-eight(48) hours prior to the end of the work shift of the first requested date. Advanced vacation requests must be approved or denied within thirty(3 0) days of the date of the request. 36.3 An employee who is absent without approval shall be docked pay for the time not worked and is subject to disciplinary action. 36.4 Emergency Vacation: During the fiscal year, an employee may be granted the use of up to twenty- four (24) hours of vacation for absences from work when a vacation request cannot be timely made pursuant to Section 36.2.1 or Section 36.2.2. An Employee must notify his/her supervisor of the need for this absence, pursuant to applicable Departmental call-in procedures, with at least thirty (30)minutes prior the start time of his/her shift. If an employee is already at work and the employee is notified of an emergency, (s)he may use Emergency Vacation upon notice to, and approval from, his/her supervisor. Emergency vacation can be requested no more than four (4) times per fiscal year. Time used in this regard may be used in increments of one (1) hour. 36.4.1 Task employees who are required to work on a City-observed holiday are prohibited from using Emergency Vacation on that City-observed holiday. 36.6 Emergency Cash Out: 36.6.1 Employees faced with sudden and extraordinary circumstances of hardship, as defined by IRS regulations governing 401(k) plans, and who have in excess of forty(40)hours of accrued vacation,are eligible to request emergency cash out of vacation. If approved,an employee may convert up to eighty (80) hours of Vacation to cash (less applicable deductions) provided they will have remaining in their Vacation bank after the cash out a minimum of forty (40) hours. Conversions must be done in increments of eight(8) hours. 36.6.2 An employee who does not have enough accrued vacation hours to finance the total amount of his/her emergency cash out request may consider also using accrued sick leave hours. Sick leave hours used for a cash out will be calculated at fifty percent (50%) of the employee's hourly rate. Accrued sick leave hours may only be used if the employee will have remaining in his/her Sick bank after the cash out eighty (80) hours. The total combination of vacation and sick SEW Blue Collar-10/01/2020-09/30/2023 58 Page 1149 of 1299 hours may not exceed eighty (80) hours and vacation hours must always be used before sick hours. 36.6.3 A request must be made in witting outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director, and Director of Human Resources and Risk Management will then review the request and approve,deny,or modify the requested hours as they see fit. Employees may utilize this provision once during each fiscal year of this Agreement. Upon request, employees are required to provide a receipt as proof of payment for any estimate provided as documentation of an expense. 36.6.3.1 The committee reserves the right to review and consider requests that are not specifically addressed in the IRS regulations governing 401(k) plans. SEW Blue Collar-10/01/2020-09/30/2023 59 Page 1150 of 1299 ARTICLE 37 37.0 SICK LEAVE 37.1 Accrual: Employees shall accrue sick leave at a rate of eight(8) hours per month for a total annualized accrual amount of ninety-six (96) hours. No employee shall be entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. 37.2 Notice of Use of Sick Hours: 37.2.1 Unscheduled Sick: An employee shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than thirty (30) minutes before the start of his/her scheduled shift. If an employee fails to call in within the specified time,the employee shall be subject to progressive discipline. This notice procedure shall be followed for each day the employee is unable to report to work unless the employee has been authorized by Human Resources and the City Manager for an extended leave of absence. 37.2.2 Scheduled Sick: An employee may request with a minimum of forty- eight (48) hours of advanced notice to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided with payroll. Unsubstantiated use of such time will result in the time being recoded to"sick." 37.3 Documentation Required: For any use of sick time in excess of three (3) consecutive work days, an employee is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. 37.3.1 "Consecutive work days" means any day for which you were scheduled to work,including additional or"overtime"shifts. 37.4 Sick hours may be requested and/or utilized upon approval of the Department Director (or Designee) for the following reasons: A. Employee's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the employee's parent, spouse,or child. B. Medical, dental,or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. C. Quarantine due to exposure to contagious disease. SEW Blue Collar-10/01/2020-09/30/2023 60 Page 1151 of 1299 D. In connection with an employee's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available.. E. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the employee, or the employee's immediate family member, as defined in(FMLA). 37.5 An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to Section 37.5.3. 37.6 Payout of Sick Leave 37.6.1 Newly hired probationary employees are not eligible for sick leave payout. 37.6.2 Employees who are terminated from the City are not eligible for a payout of sick leave. 37.6.3 Regular employees will have payment made for their accrued and unused sick hours,at the percentage specified in the table below,upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement,or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Percentage of Sick Leave Payout Less than 5 full years 0% 5 years but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 37.7 Sick Leave Donations: 37.7.1 Sick Leave Donations are available pursuant to City policy. SEW Blue Collar-10/01/2020-09/30/2023 61 Page 1152 of 1299 ARTICLE 38 38.0 COMPASSIONATE LEAVE 38.1 In the event of the death of an employee's mother,father,child,foster parent, step-parent, foster child, step-child, brother, sister, spouse, registered domestic partner, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive work days. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, the employee shall be entitled to be paid compassionate leave not to exceed five (5) consecutive work days. 38.2 Employees must submit proof of death within thirty (30) days in order to be eligible for paid Compassionate Leave. The City Manager may grant additional Compassionate Leave at his/her sole discretion. SEW Blue Collar-10/01/2020-09/30/2023 62 Page 1153 of 1299 ARTICLE 39 39.0 JURY DUTY 39.1 Leave with pay may be authorized for an employee who is required to attend Jury Duty or to whom a subpoena has been issued by a court of law to appear as a witness on a case on behalf of the City, provided the employee provided proper notice as outlined in Section 39.2. 39.2 An employee is required to provide five (5) days of advance notice to his/her supervisor that they have received a Jury Summons. Employees who are required to report to jury duty on a day that they are scheduled to work are not required to report to work on the day on which they reported for jury duty. Employees whose work schedule crosses the day divide (12:00 A.M.) must make arrangements with their supervisors in advance as to which day (s)he will be required to report. 39.3 In order for employee to receive his/her regular pay for such leave the employee must deposit the money which (s)he receives for jury duty or witness fee,with the City's Finance Department for those hours that coincide with his/her regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. 39.4 An employee who is subpoenaed as witness in a case unrelated to City business may request vacation leave in order to receive pay. SEW Blue Collar-10/01/2020-09/30/2023 63 Page 1154 of 1299 ARTICLE 40 40.0 UNAUTHORIZED ABSENCE 40.1 A Bargaining Unit member who is absent from work without authorized leave for a period of more than three (3) days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be subject to any appeal, grievance, or arbitration process. 40.2 However, a Bargaining Unit member who is absent from work without authorized leave for a period of more than three (3) days but not more than thirty(30) days, and who, due to a serious medical condition,was physically unable to notify his/her employer or have another person notify his/her employer may request consideration for rehire from the City Manager via written notice to the Director of Human Resources and Risk Management. Under these circumstances, the Director of Human Resources and Risk Management must be provided with sufficient details and circumstances surrounding the absence within thirty-one (31) days of the first date of absence. The City Manager's determination shall be final and not subject to further review,appeal,grievance, or arbitration process. 40.2.1 Nothing within this Section shall prevent the City from filling the vacancy on or after the fourth(4th)day of the employee's absence.The City is under no obligation to return the employee to work. SEW Blue Collar-10/01/2020-09/30/2023 64 Page 1155 of 1299 ARTICLE 41 41.0 LEAVES OF ABSENCE 41.1 Family and Medical Leave Act(FMLA): An employee who has worked for the City for at least twelve (12)months and who has worked at least one thousand two hundred fifty(1,250)hours in the preceding twelve(12)months is eligible to request job-protected leave under FMLA for qualified reasons as defined by the law. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FMLA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an eligible employee's qualified leave, including lost time due to a Workers' Compensation claim. For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. 41.2 Americans with Disabilities Act Amendments Act(ADAAAI: An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. 41.3 Military Leave: The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. For more information regarding Military Leave,contact the Human Resources and Risk Management Department. 41.4 Leave of Absence (Other): An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. A request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager,in consultation with the Director of Human Resources and Risk Management and the employee's Department Director, will consider an SEW Blue Collar-1010112020-0913012023 65 Page 1156 of 1299 employee's request for a Leave of Absence on a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's determination is final and is not subject to further review,appeal,grievance, or arbitration process. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the following order: compensatory time,vacation,and sick. Once the employee has exhausted all available accrued time,the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or sick hours while on a Leave of Absence. The employee is responsible for the full cost of insurance premiums for work weeks in which (s)he is in an unpaid status of less than twenty-four (24) hours. SEW Blue Collar-10/01/2020-09/30/2023 66 Page 1157 of 1299 ARTICLE 42 42.0 MODIFIED WORK (LIGHT DUTY) 42.1 Modified Work Assignments (Workers' Compensation): An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the sole discretion of the Human Resources and Risk Management Department. An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order:sick and vacation. Additionally,an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA, will have his/her time off automatically designated as FMLA. For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. 42.2 Modified Work Assignments (Other): The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. SEW Blue Collar-10/01/2020-09/30/2023 67 Page 1158 of 1299 ARTICLE 43 43.0 WORKERS' COMPENSATION The City is self-insured for Workers'Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation,contact the Human Resources and Risk Management Department. 43.1 Reporting Work-Related Injuries/Illnesses: An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department can be made 24/7 by calling: (561) 742-6677 or via e-mail to: risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. 43.2 FMLA in Conjunction with Workers' Compensation: Human Resources may designate as FMLA an eligible employee's lost time due to a Workers' Compensation claim. SEW Blue Collar-10/01/2020-09/30/2023 68 Page 1159 of 1299 ARTICLE 44 44.0 SAFETY AND HEALTH The City and the Union agree that a safe and healthy workplace is mutually desirable. The City commits to maintaining a safe and healthy workplace for its employees. 44.1 Immunizations: Employees may request, and the City will provide at an authorized facility at no cost to the employee, immunization shots for tetanus, hepatitis, and diphtheria. 44.2 Safety Committee: The Safety Committee will include one (1) Blue Collar representative and one (1) White Collar representative who is designated by the Union. SEW Blue Collar-10/01/2020-09/30/2023 69 Page 1160 of 1299 ARTICLE 45 45.0 DRUG FREE WORKPLACE POLICY 45.1 The Union recognizes and supports the City's Drug Free Workplace Policy, as amended from time to time. For information regarding the City's Drug Free Workplace Policy, contact the Human Resources and Risk Management Department. A copy of the City's Drug Free Workplace Policy in effect at the time of ratification is attached in ADDENDUM"E." SEW Blue Collar-10/01/2020-09/30/2023 70 Page 1161 of 1299 ARTICLE 46 46.0 UNIFORMS AND ALLOWANCES 46.1 UNIFORMS: 46.1.1 Applicability: Employees are required to adhere to the City's Dress Code while working and/or while representing the City in an official capacity. Some employees, while working, are required to wear uniforms designated by their respective Department Directors. c. Department/Division uniform allocation information is available in ADDENDUM"F." d. If no Department/Division information is specified for employees who are required to wear uniforms, the following minimum allocation will be issued: i. Blue Collar: • (5) "Green" Shirts (short or long sleeved) • (5) "Green" Pants or shorts • (5) Dry-fit Shirts or (5) T-Shirts • (2) Hats • (1) Sweatshirt • (1) Jacket • (2) Overalls (Mechanics Only) ii. White Collar: • (5) Shirts • (3) Pants • (1) Hat(field/non-office employees) • (1) Jacket(field/non-office employees) 46.1.2 Issuance: Newly hired employees,who are required to wear a uniform, will be issued the appropriate uniforms after thirty(3 0)days of employment. Newly hired employees working in the Police Department's Communications Center will be issued the appropriate uniforms after one hundred twenty (120) days of employment. 46.1.3 Reissuance/Replacement: An employee may request for his/her uniform to be reissued upon providing the non-fitting, worn out, and/or damaged uniform to the Department representative. Reissuance of daily worn uniform items (excluding sweatshirts/jackets) is generally acceptable after one (1) year from date of issue. Reissuance of less frequently worn/more durable uniform items such as sweatshirts and jackets is generally acceptable after two (2) years from date of issue. Uniforms damaged SEW Blue Collar-10/01/2020-09/30/2023 71 Page 1162 of 1299 through the course of work may be requested for reissue at any time. The Department representative will verify that the uniform is no longer suitable for wear and will proceed with replacing it. If there is any disagreement between the employee and the Department representative regarding the reissuance of a uniform,the Department Director (or Designee) will make a final determination. a. An employee who has lost or damaged (outside of work) a uniform is required to immediately notify his/her Department Director via his/her Department representative and is responsible for replacing the lost uniform at his/her expense. 46.1.4 Cost: The City provides the required uniform at no charge to the employee; however, the Internal Revenue Service (IRS) considers uniforms provided to employees covered under this Agreement a "taxable benefit" Therefore,the City is required to treat the value of all issued uniforms as"imputed income"and deduct the applicable taxes. Example: If a uniform costs $20.00: $20.00 will be added in a special wages code so that the payroll system can calculate the corresponding tax amount and deduct that amount from the employee's paycheck. 46.1.5 Other Provisions: a. Employees who are issued uniforms must wear them while working. Employees are provided with a sufficient number of uniforms to make a neat and clean appearance at work each day. Employees are expected to report to work in the appropriate, clean, and well-maintained uniform. If an employee wishes to purchase additional uniforms, (s)he may do so, but (s)he is responsible for paying the full cost and all applicable tax. b. An employee, who is not wearing the proper uniform, including the proper safety shoes, if applicable, may be sent home without pay to change and is subject to further disciplinary action. c. Only City issued jackets and hats may be worn as part of a City uniform. d. Pant legs must be properly hemmed; no cutting, ripping, unfinished edges, rolling up,stapling,or taping is allowed. e. Employees in certain Job Classifications may be permitted to wear shorts at their Department Director's discretion. When worn, shorts must be neatly tailored and hemmed without SEW Blue Collar-10/01/2020-09/30/2023 72 Page 1163 of 1299 frayed edges or cuts and must fall within four(4)inches of the kneecap. f. Any article of clothing issued as part of a City uniform is for use only while working and representing the City in an official capacity. Uniforms may be worn while commuting to and from work. g. Employees are prohibited from purchasing or consuming alcohol while wearing a City-issued uniform. h. Employees are cautioned that they are representing the City while wearing their City uniform. An employee found to be engaging in activity or conduct unbecoming of a City employee while wearing a City uniform,whether the employee was on- duty or off duty at the time, is subject to discipline, including termination of employment. i. An employee who has a medical condition which prevents the employee from wearing the required uniform must immediately notify the Human Resources and Risk Management Department to request an accommodation. j. Employees are required to return all City-issued uniforms upon separation of employment. 46.2 ALLOWANCES: 46.2.1 Tool Allowance: Employees who work in the following Job Classifications: Fleet Mechanic and Fleet Mechanic,Sr.will receive an annualized allowance of one thousand dollars ($1,000.00) payable in the second paycheck following ratification for Year One and in the second paycheck in October for the subsequent years of this Agreement. Employees who are newly hired into one of these Job Classifications will receive a prorated allowance based on the number of months remaining in the fiscal year. 46.2.2 Shoe Allowance: a. Eligibility Blue Collar: All employees who are in the Blue Collar bargaining unit,with the exception of the following Job Classifications: Ocean Lifeguard and Ocean Lifeguard Lieutenant are eligible for a Shoe Allowance. SEW Blue Collar-10/01/2020-09/30/2023 73 Page 1164 of 1299 White Collar: Only employees who are in the following Job Classifications in the White Collar bargaining unit are eligible for a Shoe Allowance: • Business Compliance Officer • Inspector/Plans Examiner I - IV • Laboratory Technician • Laboratory Technician, Sr. • Service Writer • Utilities Field Inspector b. Allowance Employees who are in eligible positions pursuant to Section 46.2.2.a. will receive an annualized Shoe Allowance of one hundred fifty dollars ($150.00) payable on the second paycheck in February of each year of this Agreement. Employees who are newly hired after the Shoe Allowance has been paid will receive the current year's allowance pro-rated based on the number of months remaining in the fiscal year. 46.2.3 Sunglasses Allowance: Employees who work in the following Job Classifications: Ocean Lifeguard and Ocean Lifeguard Lieutenant will receive a Sunglasses Allowance of one hundred fifty dollars ($150.00) payable by the first paycheck in December each year of this Agreement. 46.2.4 Car Allowance: Bargaining Unit members in the Development Department who are regularly required to drive a City vehicle to conduct business will be assigned a City vehicle by the Department Director (or Designee). In lieu of providing a City vehicle to an employee, the Department Director may authorize a monthly car allowance in the amount of three hundred dollars ($300.00) when the Department Director deems it is more efficient for an employee to utilize his/her personal vehicle for City business. SEW Blue Collar-10/01/2020-09/30/2023 74 Page 1165 of 1299 ARTICLE 47 47.0 TUITION ASSISTANCE PROGRAM The City has a Tuition Assistance Reimbursement Program, which is made available to eligible City employees on a first come first serve basis, and is subject to annual appropriation and funding levels set by the City Commission. Program information is available from the Human Resources and Risk Management Department. SEW Blue Collar-10/01/2020-09/30/2023 75 Page 1166 of 1299 ARTICLE 48 48.0 BONUS HOURS AND BONUS INCREASES 48.1 BONUS HOURS 48.1.1 The City has established a safety and wellness program designed to minimize time lost on the job due to workplace injuries and illness and to help reinforce the City's desire to have a safe and wellness- conscious culture. 48.1.2 Employees are eligible to receive up to eight(8)bonus vacation hours per quarter by completing approved activities in the safety and wellness program. To access the Wellness Portal, go to: https:[/BoyntonBeach.FitThumb.com. 48.1.3 Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation. 48.2 BONUS INCREASES 48.2.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of up to five hundred dollars ($500.00) when such a bonus is substantiated and justified in writing by the Department Director (or Designee). This bonus will not affect the employee's pay grade and will be in compliance with Florida Statute. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to receive bonuses. This system allows for top performance to be recognized by the immediate supervisor and prompt rewards to be made at the discretion of the supervisor, provided the Department Director concurs. SEW Blue Collar-10/01/2020-09/30/2023 76 Page 1167 of 1299 ARTICLE 49 49.0 ARTICLES TO BE REOPENED DURING AGREEMENT TERM The following Articles will be reopened during the Agreement Term as follows: 49.4 Article 30 -Wages a. Year Two (October 1, 2021 - September 30, 2022): This Article will be reopened in May 2022. Year Three may also be reopened at this time. b. Year Three (October 1, 2022 - September 30, 2023): This Article will be reopened no later than July 1, 2023. SEW Blue Collar-10/01/2020-09/30/2023 77 Page 1168 of 1299 ARTICLE 50 50.0 DURATION 50.1 This Agreement and all monetary benefit adjustments provided herein shall be effective upon ratification by both parties and remain in full force and effect until September 30, 2023. Wage and benefit levels existing on September 30, 2023, shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor Agreement. 50.2 During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the Union,or,in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. SEW Blue Collar-10/01/2020-09/30/2023 78 Page 1169 of 1299 ADDENDUM"A" SHIFT BIDDING Police Department All SEIU Bargaining Unit Members within the Police Department will have an opportunity for shift bidding every six(6) months: • Shift bidding forms distributed in October/November for December 1st effective date • Shift bidding forms distributed in April/May for June 1st effective date Shift bidding is based on seniority within the division of the Police Department. Shifts will be determined based on the operational needs of the division. Management may designate the number of Class"A"employees[those with five(5)or more years of experience] and the number of Class "B" employees [those with less than five (5) years of experience] required to work on each shift. Additional Shift Bidding Protocol for Communications Dispatchers and Communications Specialists: • Communications Dispatchers and Communications Specialists will have a first (1st) through fourth (4th) choice rank to pick from the four available shifts. Failure to pick a shift by the due date will result in Management assigning the shift after all other timely shift bidding requests are considered. SEW Blue Collar-10/01/2020-09/30/2023 79 Page 1170 of 1299 ADDENDUM"B" OVERTIME ROTATION Police Department Police Records Division: "The Wheel" (1) An employee is eligible to accept an additional("overtime")shift if the employee will not exceed working more than sixteen (16) hours in a twenty-four (24) hour period. Additionally, an employee must also be in a non-trainee status in order to be eligible. (2) The Supervisor (or the off-going designated employee for 24 hour operations) is responsible for scheduling hours as a result of a call out. (3) The eligible off-going employees have the first opportunity to accept shift vacancy hours. This first opportunity is offered to off-going employees based on seniority: the employee's length of continuous service with the City, and it is not subject to"the wheel." Additionally, employee(s) who accept any shift vacancy hours based on this off-going opportunity do not have their place on"the wheel"impacted in any way. (4) The eligible incoming employees have the second opportunity to accept shift vacancy hours. This second opportunity is offered to incoming employees based on seniority: the employee's length of continuous service with the City, and it is not subject to"the wheel." Additionally,employees)who accept any shift vacancy hours based on this incoming opportunity do not have their place on"the wheel"impacted in any way. (5) If no eligible off-going or incoming employees accept the remaining shift vacancy hours,then the remaining hours are subject to"the wheel." (6) The next person on the"wheel,"if eligible,will be called and will have the opportunity to accept the shift hours or to pass. If an employee on the rotation is ineligible, (s)he will be marked"N/A"and the next employee in"wheel"order will be contacted. This process is followed until shift vacancy hours are filled. (7) An eligible employee who accepts the vacant shift hours is solely responsible for all of the shift hours (s)he accepted. The employee accepting responsibility for the shift hours may choose to defer hours to another employee based upon mutual agreement. It is understood that the employee who originally accepted the shift hours is ultimately responsible for those hours should the person to whom the hours were deferred fails to work them. (8) An employee who accepts the "deferred" shift hours through a mutual agreement does not lose his/her place on"the wheel." (9) In the event that no employees volunteer for the available shift hours,the Supervisor will be notified and will conduct an"order in"(mandated overtime)based on reverse seniority. (10) Management reserves the right to determine the length of a shift vacancy. Police Communications Division: Shifts that remain or become available after shift bidding are put on a Monthly Overtime List. Please note that although this bidding refers to"overtime"shifts,overtime is calculated based on the regular work week. This list is generally distributed during the second week of the month for shifts effective the following month. SEW Blue Collar-10/01/2020-09/30/2023 80 Page 1171 of 1299 Communications Dispatchers/Specialists select available shifts by seniority on a rotating basis during two rotations. • During the first rotation, Dispatchers/Specialists must select a minimum of twelve (12)hours and may select additional shift hours. • If hours remain available,the list will be circulated for a second rotation during which Dispatchers/Specialists may select additional shift hours. If hours remain available following the second rotation of the list,the hours remaining on the list may be open to Communications Supervisors or other qualified Police personnel. Remaining hours may also result in Mandatory Call Back that is, being mandated to work. (See Addendum"D" - Call Back- Communications Center) SEW Blue Collar-10/01/2020-09/30/2023 81 Page 1172 of 1299 ADDENDUM"C" STANDBY PAY Police Department(White Collar) White Collar bargaining unit members of the Police Department are required to provide at least one personal phone numbers where they can be reached to receive calls for service. Fire Department(White Collar) Fire and Life Safety Division FLS 1.14 On-Call (current information at time of ratification) Fire and Life Safety fire investigator personnel will be on-call for a one-week period starting 7:30 a.m. Monday morning and ending at 7:30 a.m.the following Monday. The one (1) week on-call assignments will be on a rotating basis based upon the number of personnel in rotation. When a new staff member is added into the rotation (s)he will be inserted after the last person was added into the rotation. The on-call Fire and Life Safety representative will be paid one (1) hour at one and one half times his/her base hourly rate for each day (s)he is on-call. Additionally, (s)he will be compensated for Call Back Pay pursuant to Article 31.2.1 and 31.2.2 of the respective Collective Bargaining Agreement. The on-call Fire and Life Safety representative shall be available by the City issued mobile phone at all times during his/her on-call assignment. An alternate phone number must also be provided for each on-call Fire and Life Safety representative. The first call will be made to the on-call Fire and Life Safety representative's City issued mobile phone. If the on-call Fire and Life Safety representative does not answer then a second call will be made to the alternate number the on-call Fire and Life Safety representative provided. The on-call Fire and Life Safety representative shall respond by returning the call to dispatch or operations immediately [within ten(10) minutes] if a call is "missed." If dispatch or operations is unable to contact,or has no response from,the on-call Fire and Life Safety representative,then the next Fire and Life Safety representative in the rotation will be called. Failure to be available to respond or failure to immediately respond to any "missed" call requires an explanation to the Fire Marshal and may subject the on-call Fire and Life Safety representative to discipline. Exchange of standby/on-call duty with another qualified Fire and Life Safety representative requires completion and submission of the appropriate forms as well as documented approval from the Fire Marshal. **See Sick Leave (FLS 1.05) and Vacation Leave and Other Time Off(FLS 1.07) policies as reference for situations with any time off during on-call status. **Reference: FLS 1.05 Sick Leave SEW Blue Collar-10/01/2020-09/30/2023 82 Page 1173 of 1299 Any employee that calls out sick during normal work hours while designated as the on-call Fire and Life Safety Investigator representative will forgo their on-call status, including all monies due, for the full twenty-four (24) hour shift until they return to full duty. The forfeited shift(s) will be covered by the next Fire and Life Safety Investigator representative per the On Call Calendar. The covering investigator will receive the on-call pay for the shift(s) (s)he covered. 'Reference: FLS 1.07 Vacation Leave and Other Time Off Any employee that requests vacation time or any other time off while designated as the on-call Fire and Life Safety Investigator representative will be required to forgo their on-call status,and the vacation time will not be approved until his/her shift has been covered, and this may also include forfeiting all monies due for the full twenty- four (24) hour shift until they return to duty. The covering investigator will receive the on-call pay for the shift(s) (s)he covered. SEW Blue Collar-10/01/2020-09/30/2023 83 Page 1174 of 1299 ADDENDUM"D" CALL BACK CALL BACK PAY A White Collar Bargaining Unit employee who is a member of the Police Department(except Communications) is eligible for Call Back Pay when (s)he is called back to work when (s)he is off duty or when the work time is not contiguous with his/her assigned shift. In the event of a Call Back,an employee will be compensated for his/her actual time worked,but not less than three (3) hours, at the rate of one and one half(1.5) times his/her hourly base rate of pay. No concurrent pay for Call Back Pay and Regular Hours pay is permitted. CALL BACK PAY- Communications Center All Communications Center White Collar bargaining unit members that are not working in a probationary status are subject to Call Back. Call Back is defined as any time an employee within the Communications Division of the Police Department is called into work when (s)he is off duty or when the work time is not contiguous with his/her assigned shift. During "critical staffing situations," defined as times when there are less than three (3) Communications Dispatchers/Specialists available and scheduled (not including the supervisor on duty) and after shifts have been posted and offered to all qualified police dispatchers,Mandatory Call Back goes into effect. Mandatory Call Back commences with the Communications Dispatcher/Specialist with the least seniority on a rotating basis until the shift reaches minimum staffing of three (3) Communications Dispatchers/Specialists. "Rotating basis" means that once a Dispatcher/Specialist has been mandated, (s)he cannot be mandated again until each qualified and available Dispatcher/Specialist has been mandated. Mandatory Call Back is a twelve (12)hour shift but can be broken into as few as four(4)hour increments to help cover the shift appropriately. Example: A vacant shift of Mandatory Call Back hours from 0600-1800 exists. (a) The shift can be broken down to have one Dispatcher/Specialist work from 0600-1200 and a second Dispatcher/Specialist work from 1200-1800. -OR- (b) A Dispatcher/Specialist that is already on duty with the least seniority can be mandated to work an additional four (4) hours and a second Dispatcher/Specialist can then be mandated to work the remaining eight(8) hour slot. -OR- (c) A Dispatcher/Specialist that is already on duty with the least seniority can be mandated to work an additional four (4) hours, and the second Dispatcher/Specialist can be mandated to work the middle four (4) SEW Blue Collar-10/01/2020-09/30/2023 84 Page 1175 of 1299 hour slot,and a third Dispatcher/Specialist can be mandated to work the last four (4)hour slot. When implementing Mandatory Call Back, the Supervisor (or designee) must contact the employee either in person or by phone by invoking the Mandatory Call Back(actually talking to the employee) or by invoking the Mandatory Call Back by leaving a message for the employee to phone back the Police Communications Center within sixty (60) minutes. Mandatory Call Back(PremiumPail A Dispatcher/Specialist who is called in and mandated to work on a day they are not already scheduled to work will receive premium pay, which is equivalent to three (3) hours at 1.5 times their hourly rate in addition to the hours they work on the mandated shift. If a Dispatcher/Specialist is mandated for Call Back and finds another Dispatcher/Specialist to work as a replacement for him/her, the originally mandated Dispatcher/Specialist is credited for the Mandatory Call Back,not the replacement Dispatcher/Specialist. Utilities (Blue Collar) CALL BACK See Memo dated August 13, 2018,effective September 17, 2018 (current information at time of ratification) Public Works- Facilities. Solid Waste. Parks,and Fleet Staff(Blue Collar) See Memorandum No. 19-032, effective November 1, 2019 (current information at time of ratification) SEW Blue Collar-10/01/2020-09/30/2023 85 Page 1176 of 1299 ADDENDUM"E" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all employees of the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test,""confirmed test" or"confirmed drug test"is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen,which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity,sensitivity,and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees,alcohol includes any intoxicating agent in beverage alcohol,ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines) A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. SEW Blue Collar-1010112020-0913012023 86 Page 1177 of 1299 4. "Drug test"or"test"means any chemical,biological,or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee"means an individual who works for salary,wages,or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling,and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary,wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 11. "Mandatory-testing position/Safety-sensitive position" means with respect to a public employer,a job assignment that requires the employee to carry a firearm,work closely with an employee who carries a firearm,perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations,work with controlled substances, or a job assignment that requires an employee security background check,pursuant to F.S. 110.112 7, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S.893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments,or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things,such facts and inferences may be based upon: SEW Blue Collar-10/01/2020-09/30/2023 87 Page 1178 of 1299 a. Observable phenomena while at work,such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused,or contributed to,an accident while at work. f. Evidence that an employee has used,possessed,sold,solicited,or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle,machinery, or equipment. 14. "Special-Risk Position"means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943. Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward"means that an employee comes forward to the Human Resources and Risk Management Department and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test,fitness for duty evaluation,or prior to being involved in an accident or sustaining an injury,which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling,trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties,will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s)that may have been caused by prescription drugs. SEW Blue Collar-1010112020-0913012023 88 Page 1179 of 1299 If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY 1. Prescription drugs prescribed by the employee's physician,who is licensed to practice medicine in the United States,may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the employee's job classification description so the physician is aware of the physical requirements of the position. 3. It is the responsibility of an employee who is in a "Mandatory-testing position/Safety-sensitive position" to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of his/her position while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication,then the employee will be required to use his/her available leave time and/or FMLA leave, or unpaid leave if his/her leave time banks are SEW Blue Collar-10/01/2020-09/30/2023 89 Page 1180 of 1299 exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employ The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above-section,who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program,below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach Al-Anon/AI-a-Teen Information : 561-882-0308 d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400 SEW Blue Collar-1010112020-0913012023 90 Page 1181 of 1299 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee who is "Stepping Forward" or seeking assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not have this action used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random,periodic basis,at least quarterly,and for at least two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees'behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol,the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, SEW Blue Collar-1010112020-0913012023 91 Page 1182 of 1299 the Department Director and Director of Human Resources and Risk Management must be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if(s) he is under prescription or non-prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment,the City will test for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing, safety-sensitive, or special-risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. SEW Blue Collar-1010112020-0913012023 92 Page 1183 of 1299 3. Post-incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident,which results in any of the following: (a) discernable property damage, (b) the employee receiving medical attention,or (c)the employee receiving a citation. 4. Random Testing: Employees are subject to random drug testing. Random selection for testing is done by an independent third party by a random computer generated list. Employees who are required to maintain a Commercial Driver's License (CDL) are subject to monthly random drug and alcohol testing in compliance with Federal Law. S. Fitness for duty: All employees who are subject to a routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2)years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive,confirmed drug or alcohol test. C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports,written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent,signed by an employee or SEW Blue Collar-1010112020-0913012023 93 Page 1184 of 1299 job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section I. Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested Drugs that will be tested are as follows: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13.A metabolite on any substance listed herein. A list of drugs by brand names or common names includes: SEW Blue Collar-1010112020-0913012023 94 Page 1185 of 1299 Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine,horse,smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet,Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan,Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl,Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule,regulation or procedure. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol,THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan,Vicodin,Tussiorgani dine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin,Triad, etc. Benzodiazepine:Ativan,Azene, Clonopin, Dalmane, Diazepam, Librium,Xanax, Serax, Tanzene,Valium,Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene,etc. SEW Blue Collar-10/01/2020-09/30/2023 95 Page 1186 of 1299 ANABOLIC JANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act(CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources and Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City,the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must notify the Medical Review Officer (MRO). If anything in this policy is in conflict with a collective bargaining agreement, the collective bargaining agreement shall control. SEW Blue Collar-1010112020-0913012023 96 Page 1187 of 1299 ADDENDUM"F" UNIFORMS Recreation and Parks Department(Blue Collar) Policy#: 04-013 (current information at time of ratification) Ocean Lifeguard Uniforms 1. All first-year ocean lifeguards shall receive the following: 6 T-shirts (any combination of short or long sleeve) • 2 pairs of trunks • 2 female suits (females only) • 1 sweat suit • 1 raincoat • 1 wide brimmed hat • 1 winter j acket • 1 sunglass leash 2. Each year the following items will be replaced: • 6 T-shirts (any combination of short or long sleeve) • 2 pairs of trunks • 1 sunglass leash • 2 female suits (females only) 3. In addition to # 2 above, every two years the returning ocean lifeguard shall receive: • 1 sweat suit • 1 wide brimmed hat 4. Every five years ocean lifeguards shall receive: • 1 raincoat • 1 winter jacket 5. Documentation will be kept outlining what each lifeguard has received. Police Department Police Department employees covered by this Agreement will be issued uniforms pursuant to their Department policy. Crime Scene Technicians are eligible to receive a minimum of three (3) shirts,three (3) pants,and up to two (2) pairs of boots per contract year. Fire Department(White Collar) Fire Department employees covered by this Agreement will be issued uniforms and required footwear pursuant to their Department policy. SEW Blue Collar-10/01/2020-09/30/2023 97 Page 1188 of 1299 ADDENDUM"G POLICE COMMUNICATIONS CENTER INCENTIVES Employee Referral Incentive: Any active Police Communications bargaining unit member who formally referred a Communications Dispatcher applicant with at least three (3) years of qualified 911 dispatching experience that the City hires as a Dispatcher, who completes probation and subsequently remains employed for an additional 365 days, will receive a referral incentive payment, the amount of which will be communicated by the Director of Human Resources and Risk Management upon ratification and on October 1st of each year remaining year of this Agreement. This provision expires on September 30,2023;however,any qualifying referrals made through September 30, 2023 are eligible to be paid. Specialist Group Training Incentive: For each newly hired full-time Communications Dispatcher who completes probation and subsequently remains employed for an additional three hundred sixty-five (365) days, each actively employed Communications Specialist will receive a $500.00 Group Training Incentive. This provision expires on September 30, 2023 and no payments will be made beyond this date. SEW Blue Collar-10/01/2020-09/30/2023 98 Page 1189 of 1299 SIGNATURE PAGE SEIU Blue Collar Unit Agreed to this 17th day of November 2020 by and between the respective Parties through the authorized representatives of the Union and the City. SEIU Florida Public Services Union, City of Boynton Beach,Florida CTW,CL Confirmed by: Alphonso Mayfield Lori LaVerriere President City Manager Approved as to Form: James Cherof City Attorney Attest: Steven B. Grant Mayor Crystal Gibson City Clerk Page 1190 of 1299 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC WHITE COLLAR BARGAINING UNIT October 1, 2020 to September 30,2023 Ratified By Union: Ratified By Commission: Page 1191 of 1299 TABLE OF CONTENTS Article Article Title Page No. No. 1 Preamble 1 2 Recognition 2 3 Non-Discrimination 3 4 Strikes 4 5 Management Rights 5 6 Rights of Bargaining Unit Members 7 7 Union Representation 8 8 Collective Bargaining 10 9 Labor-Management 11 10 Posting of Agreement 12 11 Savings Clause 13 12 Collateral Documents 14 13 Modifications of Conditions 15 14 Entire Agreement and Non-Waiver Provision 16 15 Dues Deductions 17 16 Use of GPS,Tracking, and Monitoring Systems 18 17 Bulletin Boards 19 18 Personnel Files and Bargaining Unit Information 20 19 Recruitment and Selection 21 20 Probationary Period 22 21 Promotion, Demotion, Lateral Transfer,and Reclassification 23 22 Seniority and Layoff 25 23 Discipline and Performance Management 26 24 Grievance and Arbitration 31 25 Insurance 35 26 Pension 37 27 Hours of Work, Overtime, and Breaks 38 28 Compensatory Time 44 29 Holidays 45 30 Wages 48 31 Standby, Call Back and Other Assignment Incentive Pay 49 32 Certifications and Professional Licenses 52 33 Emergency Pay 54 34 Out of Class Assignment Pay 55 35 Training Assignment Pay 56 36 Vacation 57 37 Sick Leave 60 38 Compassionate Leave 62 39 jury Duty 63 40 Unauthorized Absence 64 41 Leaves of Absence 65 42 Modified Work (Light Du 67 43 Workers' Compensation 68 44 Safety and Health 69 45 Drug Free Workplace Policy 70 46 Uniforms and Allowances 71 SEIU White Collar-10/01/2020-09/30/2023 Page 1192 of 1299 TABLE OF CONTENTS Article Article Title Page No. No. 47 Tuition Assistance 75 48 Bonus Hours and Bonus Increases 76 49 Articles to be Reopened During Agreement Term 77 50 Duration 78 Addenda A Shift Bidding 79 B Overtime Rotation 80 C Standby Pay 82 D Call Back 84 E Drug Free Workplace Policy 86 F Uniforms 97 G Police Communications Center Incentives 98 Signature Pae 99 SEW White Collar-10/01/2020-09/30/2023 Page 1193 of 1299 ARTICLE 1 1.0 PREAMBLE 1.1 This Agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City" and the SEIU Florida Public Services Union CTW,CLC,hereinafter referred to as the"Union" or "SEIU." The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citizens of Boynton Beach. The parties recognized that the best interest of the community and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective,proper and superior service to the community. 1.2 The parties agree that nothing in this Agreement shall prohibit the parties from meeting and discussing any items of mutual interest in accordance with the law. SEW White Collar-1010112020-09/30/2023 1 Page 1194 of 1299 ARTICLE 2 2.0 RECOGNITION 2.1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services Union, CTW, CLC as exclusive representatives for the bargaining unit described below for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. 2.2 The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. 2.3 In the event of a conflict between the foregoing list of positions included in the bargaining unit and the unit as recognized by the Public Employees Relations Commission (PERC),the unit recognized by the PERC shall control. SEW White Collar-10/01/2020-09/30/2023 2 Page 1195 of 1299 ARTICLE 3 3.0 NON-DISCRIMINATION 3.1 The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it, and the Employer and the Union affirm their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. 3.2 No employee shall be discriminated against,as prescribed by State or Federal laws, in their employment because of race, creed, color, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or membership or non-membership in the Union. SEW White Collar-10/01/2020-09/30/2023 3 Page 1196 of 1299 ARTICLE 4 4.0 STRIKES 4.1 The SEIU Florida Public Services Union,CTW, CLC,or their member agents or designees,agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down,strike or unlawful picketing. 4.2 In the event of a strike,work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of the normal operations. The Union representatives shall notify the City twelve (12) hours after commencement of such strike of what legitimate measures it has taken to comply with the provisions of this Article. SEW White Collar-10/01/2020-09/30/2023 4 Page 1197 of 1299 ARTICLE 5 5.0 MANAGEMENT RIGHTS 5.1 Except, and only to the extent that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another"shall not apply.Rather,full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights, except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects,and the powers and authority,which the City has not abridged, delegated or modified by this Agreement, are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to,the right: 5.1.1 To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the right to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. 5.1.2 To maintain economic stability. 5.1.3 To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies. 5.1.4 To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub-contract existing and future work. 5.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-off,schedule, and determine the qualifications of all employees. 5.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. 5.1.7 To determine the organization of City government. SEW White Collar-10/01/2020-09/30/2023 5 Page 1198 of 1299 5.1.8 To determine the purpose and extent of each of its constituents, departments and positions therein. 5.1.9 To set standards for service to be offered to the public and standards for the performance of duties of job assignments. 5.1.10 To manage and direct the work of the employees of the City,including the right to assign work and overtime. 5.1.11 To establish, determine, implement and maintain effective internal security practices. 5.1.12 To determine the number,type and grades of positions or employees assigned to an organizational unit, department or project. 5.1.13 To determine lunch,rest periods,clean-up times,starting and quitting time, and number of hours to be worked. Work schedules will be posted and will not be altered in the midst of normal pay periods. 5.1.14 To adopt or enforce cost of general improvement programs. 5.1.15 In a civil emergency,to use personnel in any lawful manner. 5.2 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado, national emergencies, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. 5.3 The City has the right to impose something that is unilateral in nature,and the Union has the right to object to that decision. If the City does impose something on a unilateral basis and the Union, after notice, fails to object to that decision within six(6) months, it shall be considered finally imposed. SEW White Collar-10/01/2020-09/30/2023 6 Page 1199 of 1299 ARTICLE 6 6.0 RIGHTS OF BARGAINING UNIT MEMBERS 6.1 The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. 6.2 All provisions of this Agreement shall be applied fairly and equitably to all employees in the bargaining unit. 6.3 Employees may request a Union representative to be present when the employee is subject to an investigatory interview and the employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says. SEW White Collar-10/01/2020-09/30/2023 7 Page 1200 of 1299 ARTICLE 7 7.0 UNION REPRESENTATION 7.1 The City agrees to recognize the Union's officers and up to six (6) City employee stewards, from each bargaining unit, as agents of the Union. The Union shall furnish written notice to the Director of Human Resources and Risk Management of the designated Union officers and employee stewards within three (3) days of ratification of this Agreement and when any change in designation is made thereafter. The City recognizes the right of the Union to designate one (1) chief steward from among the six (6) City employee stewards for each bargaining unit. The authority of a Union steward to act on behalf of and bind the Union is implied from their designation as steward. 7.2 Non-employee officials of the Union shall, with prior written notification to the City Manager or the Director of Human Resources and Risk Management, be admitted to the property of the City for purposes of administering the Agreement. Union officials as designated above shall only meet with City employees in non-work areas (i.e., break areas) and during non-work time. Nothing in this section shall preclude or interfere with the City's right to control access to City facilities for safety and/or security purposes. 7.3 Subject to the limitations set forth in Article 8, Section 8.2, Union stewards will be granted leave to engage in collective bargaining or to meet with the representatives of the City for grievance investigation and/or consultation with management representatives to avoid or resolve grievances including Labor-Management meetings. 7.4 The City will provide up to one hundred sixty (160) hours, per bargaining unit, for employee stewards to engage in the following representative union activities: A. To represent an employee who is required to appear at a meeting related to a grievance or arbitration. B. To represent an employee who is responding to disciplinary action or who is the subject of an investigation. C. To represent an employee at his/her predetermination conference. D. To attend collective bargaining as an "additional steward" pursuant to Article 8, Section 8.2. E. To make a presentation at Human Resources' Quarterly New Hire Orientation program. (Non-employee stewards may attend.) F. To attend union conferences, seminars, training, or other union activities related to their representative function, provided such leave does not adversely affect the daily operations of any department. Should the one hundred sixty (160) hours be exceeded, Union stewards engaging in representative activities pursuant to Article 8,Section 8.2 and/or SEW White Collar-10/01/2020-09/30/2023 8 Page 1201 of 1299 Section 7.4 of this Article may be released without pay, use accrued vacation time, or use accrued compensatory time at the discretion of the Department Head (or designee), whose approval shall not be unreasonably withheld, unless releasing the employee adversely affects the daily operations of any department. The City may deny the use of such time off if it interferes with productivity or manpower needs. However, the City's exercise of its right shall not be arbitrary or capricious, nor shall it allow the City to proceed in a manner that deprives employees of their right of representation. 7.5 No employee shall engage in Union business while on duty except as referenced in Section 7.3 of this Article. SEW White Collar-10/01/2020-09/30/2023 9 Page 1202 of 1299 ARTICLE 8 8.0 COLLECTIVE BARGAINING 8.1 The membership of the bargaining unit shall be represented in collective bargaining by the President of the Union or Designee. The Union shall provide written notice of the names of the collective bargaining representatives to the City Manager and Director of Human Resources and Risk Management prior to the commencement of bargaining. It is understood that only the Union representatives) submitted in the above referenced notice are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager and Director of Human Resources and Risk Management in writing of any changes in the designation of any certified representative of the Union. 8.2 No more than four(4) Union stewards from each bargaining unit may participate in collective bargaining while on duty,without loss of pay. Additional stewards or bargaining unit members may participate in collective bargaining pursuant to Article 7, Section 4, while off duty, or when on pre-approved paid leave. 8.3 The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. SEW White Collar-10/01/2020-09/30/2023 10 Page 1203 of 1299 ARTICLE 9 9.0 LABOR-MANAGEMENT A joint Labor-Management Committee composed of an equal number of representatives from the Union and Management may meet following thirty(30) days of the ratification of this Agreement and up to such time that negotiations for a successor Agreement commence to discuss subjects as determined by the Committee. SEW White Collar-10/01/2020-09/30/2023 11 Page 1204 of 1299 ARTICLE 10 10.0 POSTING OF AGREEMENT 10.1 The City will maintain a copy of this Agreement for inspection in the City Clerk's Office and will have an electronic copy the Agreement available in every Department/Division with SEIU workers. 10.2 The City will post a copy of this Agreement, as ratified,on the City's website. SEW White Collar-1010112020-09/30/2023 12 Page 1205 of 1299 ARTICLE 11 11.0 SAVINGS CLAUSE 11.1 If any provision (Article or Section) of this Agreement is found to be invalid, unlawful, or unenforceable by any court having jurisdiction or by reason of any existing or subsequently enacted legislation or by judicial authority, the remaining provisions of this Agreement shall remain in full force and effect. 11.2 In the event of such finding,either Party may request to open negotiations for a substitute provision by notifying the other Party in writing within thirty (30) calendar days of the date the provision was invalidated. SEW White Collar-1010112020-09/30/2023 13 Page 1206 of 1299 ARTICLE 12 12.0 COLLATERAL DOCUMENTS 12.1 This Collective Bargaining Agreement does not exist in a void. Provisions, as amended from time to time, of the City's Personnel Policy Manual (PPM), Administrative Policy Manual (APM), Departmental Rules, and other policies established by Resolution or Ordinance (collectively referred to as collateral documents) are applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of this Agreement,in which case the terms of this Agreement shall control. SEW White Collar-1010112020-09/30/2023 14 Page 1207 of 1299 ARTICLE 13 13.0 MODIFICATION OF CONDITIONS 13.1 When the City intends to make changes to City or Departmental rules,and/or regulations, the City will provide written notice to SEIU. The notice will include a description of the change and an implementation date, which shall be no less than thirty(30) calendar days from the date of notice. 13.2 If SEIU believes that the modification constitutes a change to wages,benefits, or terms and conditions of employment,then SEIU will have ten(10)calendar days from the date of notice to advise the City in writing that SEIU is requesting pre-implementation or post implementation impact bargaining. Such written request shall identify with specificity the manner in which the modification affects the rights of its members. The request shall also include three (3) dates and times when SEIU is available to meet with the City to discuss/bargain the modification. 13.3 When bargaining is requested, it shall begin no less than ten (10) calendar days following SEIU's request and shall be concluded within fourteen (14) calendar days following the first bargaining session. 13.4 Unless otherwise agreed to by the City and SEIU during their bargaining, the implementation date of change shall take effect as initially announced by the City,subject to SEIU's right to continue impact bargaining. 13.5 This provision is not a waiver, restraint, or limitation on the City's Management Rights, including to unilaterally determine the purpose of its departments, to set standards of services to be offered to the public, and to exercise control and discretion over its organization and operations. 13.6 All references to"days"in this Article shall mean"calendar"days,inclusive of Saturdays, Sundays, and Holidays. SEIU White Collar-1010112020-09/30/2023 15 Page 1208 of 1299 ARTICLE 14 14.0 ENTIRE AGREEMENT AND NON-WAIVER PROVISION 14.1 This Agreement is the complete Agreement between the Parties, cancels all prior practices and agreements,and,except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. 14.2 There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual, and are not under any Civil Service Rule/Regulation heretofore in existence. 14.3 Nothing in this Agreement shall be construed or interpreted as a waiver of SEIU's right to request bargaining or impact bargaining. 14.4 Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. SEW White Collar-1010112020-09/30/2023 16 Page 1209 of 1299 ARTICLE 15 15.0 DUES DEDUCTION 15.1 Employees covered by this Agreement may on the prescribed form,authorize payroll deduction for the purpose of paying the Union dues and/or a uniform COPE deduction. Employees shall receive copies of the form from either the City Finance Department or their Union office. An employee may also authorize payroll deductions by consenting to use the Union's electronic/voice authorization process. 15.2 The Union will initially notify the City as to the amount of dues and/or COPE deductions. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues or COPE deductions will be similarly certified to the City and shall be done at least one (1) month in advance of the effective date of such a change. To revoke the payment of Union dues and/or COPE deductions,the employee shall go to the Union office or utilize the Union's electronic/voice authorization process, and Union staff shall prepare and mail (or electronic mail) notice of such change to the City's Finance Department 15.3 Dues and COPE deductions shall be deducted each pay period and remitted monthly, and the funds shall be remitted along with a list of employees contributing to the Treasurer of Union within fifteen (15) days after the end of the month. The check for COPE deductions will be submitted to the Union, separately from the check for dues, on a quarterly basis. The Union will indemnify, defend, and hold the City harmless against any claims made or suits instituted against the City related to payroll deduction of Union dues and/or COPE deductions. Evidence of electronic/voice authorizations will be maintained by the Union and provided to the City upon request. 15.4 The Union will furnish forms for such authorization. SEW White Collar-1010112020-09/30/2023 17 Page 1210 of 1299 ARTICLE 16 USE OF GPS,TRACKING,AND MONITORING SYSTEMS The City may install and use GPS or other similar location tracking and monitoring systems on any City property including but not limited to City vehicles and equipment. Information obtained from such systems may be used for any legitimate business purpose. The City will affix a sticker in the front compartment of City vehicles which have these types of systems activated. SEW White Collar-1010112020-09/30/2023 18 Page 1211 of 1299 ARTICLE 17 17.0 BULLETIN BOARDS 17.1 The Union shall be provided space for bulletin boards at each location so designated by the City in the areas where unit employees normally are assigned to work for the use of SEIU members. These bulletin boards shall be used for posting Union notices, signed by a Union officer but restricted to the following: A. Notices of Union recreational and social affairs; B. Notices of Union elections and results of elections; C. Notices of Union appointments and other official Union business; D. Notices of Union meetings; E. Union newsletter On Track(may be unsigned). 17.2 All other information,including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the Director of Human Resources and Risk Management with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. 17.3 The Union shall not post endorsements for candidates who are running for office. 17.4 The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. SEW White Collar-1010112020-09/30/2023 19 Page 1212 of 1299 ARTICLE 18 18.0 PERSONNEL FILES AND BARGAINING UNIT INFORMATION 18.1 Personnel files for all City employees are maintained by the City's Human Resources and Risk Management Department. Employees may inspect and obtain copies of their personnel files pursuant to Florida Public Records Law. 18.2 All bargaining unit members covered by this Agreement must be notified within seventy-two (72) hours of a public records request to review the bargaining unit member's personnel file,unless the file is being inspected by a governmental agency (including IRS), or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. 18.3 Bargaining unit members may request one electronic copy of their file at no charge once per the term of this Agreement. Additional requests will incur normal charges pursuant to Florida Public Records Law. 18.4 The Union may request, no more frequently than monthly, from the Director of Human Resources and Risk Management an electronic copy with the following information for all bargaining unit employees: • Name • Address (if not exempt from public records) • Hire Date • Work Location • Employee ID • Classification of Employee • Hourly Rate • Dues Deducted • List of Employees in the Bargaining Unit who have left the City in the previous month SEW White Collar-1010112020-09/30/2023 20 Page 1213 of 1299 ARTICLE 19 19.0 RECRUITMENT AND SELECTION 19.1 Recruitment and Selection process and procedures are described in The Hiring Process of the City of Boynton Beach. SEW White Collar-1010112020-09/30/2023 21 Page 1214 of 1299 ARTICLE 20 20.0 PROBATIONARY PERIOD 20.1 All newly hired or rehired employees shall be subject to a probationary period of one (1) year. 20.1.2 This initial probationary period may be extended for up to an additional ninety (90) days with the concurrence of the Department Head, Director of Human Resources and Risk Management, and City Manager. 20.2 All promoted,reclassified,transferred,or demoted employees shall be subject to a probationary period of six (6) months, unless the promotion, reclassification, transfer, or demotion occurs while the employee is still within his/her initial one (1)year probationary period. 20.2.1 In the event an employee is promoted, reclassified, transferred or demoted during his/her initial one (1) year probationary period, the length of the employee's probationary period in the positon to which (s)he is promoted, reclassified, transferred, or demoted will be calculated as follows: The balance of remaining time in the employee's initial one (1) year probationary period plus six (6) months from the effective date of his/her promotion, reclassification,transfer, or demotion. For example: New Hire/Re-hire Date: January 1,2017 Original Probationary Period End Date:December 31,2017 Promotion/Reclassification/Transfer/Demotion Date:June 1,2017 New Probationary Period End Date:June 30,2018 [Seven (7) months remaining in initial one (1)year probation plus six(6) months for a total of thirteen (13) months] 20.3 An Employee, while serving in an initial probationary period, as defined in Sections 20.1 and 20.1.2, or who is promoted, demoted,laterally transferred, or reclassified,as defined in Article 21,to a position outside of his/her current and established Career Path,is considered"at-will"and has no property rights and has no appeal rights for discipline up to and including termination. All other rights of bargaining unit members are applicable to probationary employees unless otherwise stated within this Agreement. 20.4 An employee's probationary status is not in and of itself a factor in layoffs. SEW White Collar-10/01/2020-09/30/2023 22 Page 1215 of 1299 ARTICLE 21 21.0 PROMOTION,DEMOTION,LATERAL TRANSFER,AND RECLASSIFICATION 21.1 PROMOTION It is recommended that an employee who is interested in applying for a promotional opportunity be in his/her current position for a minimum of six (6) months and have satisfactory performance. Pursuant to Article 20 each promoted employee is subject to a probationary period of at least six (6) months from his/her date of promotion and is subject to the provisions in Article 20.3. 21.1.1 In the event an employee is promoted while serving in his/her initial one (1) year probationary period, the length of the employee's probationary period in the positon to which (s)he promoted will be calculated as follows: The balance of remaining time in his/her initial one(1)year probation plus six(6) months from the date of promotion. For example: New Hire/Re-hire Date: January 1,2021 Promotion Date:June 1,2021 Promotion Probationary Period End Date:July 1, 2022 [Seven (7) months remaining in initial one (1)year probation plus six (6) months,for a total of thirteen (13) months.] 21.1.2 Upon promotion an employee's rate of pay will be adjusted as follows: a. Promotion of one pay grade: +5%of mid-point of new grade or to minimum of new grade, whichever is higher b. Promotion of two pay grades: +7.5%of mid-point of new grade or to minimum of new grade, whichever is higher c. Promotion of three or more pay grades: +10%of mid-point of new grade or to minimum of new grade, whichever is higher 21.1.3 In no event will the employee's base rate of pay exceed the maximum of the pay grade for the position to which the promotion is made. SEW White Collar-1010112020-09/30/2023 23 Page 1216 of 1299 21.2 DEMOTION Pursuant to Article 20, each demoted employee, whether voluntary or involuntary,is subject to a probationary period of at least six(6)months from his/her date of demotion and is subject to the provisions in Article 20.3. 21.2.1 Upon demotion,an employee's rate of pay will be adjusted as follows: Demotion of one pay grade: -5% of mid-point of current grade (position leaving) Demotion of two pay grades: -7.5%of mid-point of current grade (position leaving) Demotion of three of more pay grades: -10%of mid-point of current grade (position leaving) 21.2.2 In no event will the employee's base rate of pay exceed the maximum of the pay grade for the position to which the demotion is made. 21.2.3 A promoted employee who is demoted prior to completion of his/her probationary period will have his/her pay reduced by the same amount as the promotional increase. 21.2.4 The Director of Human Resources and Risk Management and the City Manager reserve the right to make exceptions to Section 21.2.1 of this Article when they determine that the circumstances surrounding the demotion do not warrant reducing the pay of the demoted employee. 21.3 LATERAL TRANSFER Pursuant to Article 20, each transferred employee, whether voluntary or involuntary,is subject to a probationary period of at least six(6)months from his/her date of transfer and is subject to the provisions in Article 20.3. 21.3.1 Employees transferring from one position to another position in the same pay grade, whether in the same or different department, will maintain the same rate of pay. 21.4 RECLASSIFICATION Pursuant to Article 20,each reclassified employee is subject to a probationary period of at least six (6) months from his/her date of reclassification and is subject to the provisions in Article 20.3. 21.4.1 Reclassifications resulting in a promotion, demotion, or lateral transfer and will follow those specified provisions as outlined in this Article. SEW White Collar-10/01/2020-09/30/2023 24 Page 1217 of 1299 ARTICLE 22 22.0 SENIORITY AND LAYOFF The City and the Union recognize the value of an experienced workforce and agree that an employee's seniority shall be considered, along with the needs of the City, when affecting decisions on vacations, promotions,and shifts. 22.1 Seniority shall be defined as the employee's continuous length of service with the City of Boynton Beach. 22.2 Employees shall lose their seniority for the following reasons: A. Termination B. Retirement C. Resignation D. Failure to report to the Department of Human Resources and Risk Management the intention of returning to work within five (5) days of receipt of recall as verified by certified mail E. Failure to return from military leave within the time prescribed 22.3 The City Manager may lay off any union employee whenever such action is made necessary by reason of shortage of work or funds,the abolishment of a position, consolidation of departments or divisions, privatization, reclassification,or reorganization. A. Employees will be given severance pay when laid off from the City according to the following schedule: Completed Years of Service Severance Pay 0 - 1 year 40 hours 2 - 9 years 80 hours 10 - 19 years 120 hours 20+years 160 hours B. Whenever a layoff of one (1) or more employees becomes necessary,the City Manager shall notify the Union at least two (2) weeks in advance of the intended action and the reasons therefore. C. The Director of Human Resources and Risk Management shall furnish the City Manager with the names of the employees to be laid off in the order in which such layoff shall occur. In order to minimize the disruption of the operations of the City,the order of layoff shall be in reverse order of total continuous time served in the same classification and within the same department. SEW White Collar-10/01/2020-09/30/2023 25 Page 1218 of 1299 ARTICLE 23 23.0 DISCIPLINE AND PERFORMANCE MANAGEMENT 23.1 COACHING Supervisors provide information, guidance, and directives to employees on a day-to-day basis, which is a standard method of communication in the workplace. Beyond such standard communication, Coaching is an opportunity for an employee and supervisor to discuss work-related progress and concerns. During coaching, supervisors may provide employees with feedback relating to their day-to-day conduct, behavior, and/or overall performance of their jobs, such as what went well, what could have gone better, reminders, and/or other instructive and constructive communications. Coaching is intended to identify to an employee conduct, behavior, or a performance deficiency in an informal and constructive way before it reaches a level necessitating documented disciplinary action. As Coaching does not constitute discipline, employees are not entitled to Union representation when management is providing such feedback. Coaching, although encouraged,is not required prior to the imposition of discipline. 23.2 PROGRESSIVE DISCIPLINE 23.2.1 The City endeavors to maintain productive and mutually beneficial employment relationships with bargaining unit members. No bargaining unit member shall be disciplined without just cause. When employees violate an established policy, procedure, or rule, or when performance deficiencies are identified, management addresses these issues with employees with the intent to have employees correct their behavior and/or improve their performance. 23.2.2 Progressive discipline allows for the imposition of an appropriate level of discipline depending on the facts and circumstances of each case coupled with consideration of the employee's overall employment and disciplinary history. No two employees or circumstances are identical; therefore, individual employees may have different progressive discipline outcomes. 23.2.2.1 Previous Written Counseling (see Section 23.4) that was issued twenty-four(24)months prior to a current disciplinary matter will not be factored into determining the level of discipline for the current matter. Exceptions to this Section may include previous actions regarding preventable accidents/incidents; moral turpitude; theft; and/or acts of aggression/violence. 23.2.2.2 Previous Written Notice/Reprimand (see Section 23.4) that was issued thirty-six (36) months prior to a current disciplinary matter will not be factored into determining the level of discipline for the current matter. Exceptions to this Section may include previous SEW White Collar-10/01/2020-09/30/2023 26 Page 1219 of 1299 actions regarding preventable accidents/incidents; moral turpitude; theft; and/or acts of aggression/violence. 23.2.3 Violations are categorized as Misconduct, Serious Misconduct, or Extreme Misconduct. A non-exhaustive list of examples of different types of violations by category is referenced in the City's Personnel Policy Manual. Progressive discipline does not apply to the following categories of conduct: • Workplace Violence • Harassment • Criminal Activity 23.3 DISCIPLINE PROCESS 23.3.1 Initial Meeting When a supervisor identifies a policy, procedure, or rule violation and/or other performance deficiency, the supervisor may, at his/her discretion, schedule an"Initial Meeting"with an employee to discuss the incident or issue to ensure that(s)he has considered the facts and circumstances from the employee's perspective. Although some circumstances may benefit from a supervisor having an Initial Meeting,there is no requirement to have one in all cases. If the supervisor schedules an Initial Meeting,it is because the employee will be subject to questioning,which may result in discipline. As such, an employee is able to request Union representation to accompany him/her to the Initial Meeting. An employee will be provided with a minimum of forty-eight (48) hours of notice of any scheduled Initial Meeting for which(s)he would be responsible for requesting a Union representative No advanced notice to the employee is required when the supervisor has pre-arranged for a Union representative to attend the Initial Meeting. The employee and Union representative will be allowed up to fifteen (15) minutes to confer,without management present, prior to the start of the Initial Meeting. 23.3.1.2 Requesting/Waiving Union Representation It is the employee's responsibility to arrange for Union representation, if so desired, upon receiving notice to attend an Initial Meeting. An employee who arrives to a prescheduled Initial Meeting without Union representation will be deemed to have waived his/her right to such representation, and the meeting will proceed as scheduled. SEW White Collar-10/01/2020-09/30/2023 27 Page 1220 of 1299 23.3.2 Disciplinary Meeting A Disciplinary Meeting may be held with an employee at any time. The purpose of a Disciplinary Meeting is to issue already determined discipline. As an employee will not be expected to answer any questions at this meeting, (s)he is not entitled to Union representation. 23.4 TYPES OF DISCIPLINARY ACTION The following disciplinary actions shall be utilized, and, depending on the severity of the offense,the first disciplinary action may be at any appropriate level, including termination of employment. Minor Discipline: A. Written Counseling B. Written Notice C. Written Notice in Lieu of Suspension, D. Unpaid Suspension of twenty-four (24) hours or less, Major Discipline: A. Unpaid Suspension of more than twenty-four (24) hours B. Disciplinary Demotion C. Termination of Employment 23.5 PERFORMANCE IMPROVEMENT PLAN (PIP) Performance Improvement Plans (PIP) are most commonly used in the following circumstances: • To extend an employee's probationary period; • When an employee receives a performance evaluation,which indicates the employee is not meeting expectations; • When an employee's performance, related to deficiencies in their knowledge, skills, abilities, and/or competencies (K.S.A.C.),has deteriorated over a period of time; or • When an employee's performance, related to deficiencies in their knowledge, skills, abilities, and/or competencies (K.S.A.C.), falls below standard following a newly implemented system, process,and/or procedure. A Performance Improvement Plan describes the employee's current performance issues,states the performance expectations for required area(s) of improvement, and provides an action plan to guide the employee toward improving his/her performance within a defined time period. a. A Performance Improvement Plan may be issued at any time and/or in conjunction with any disciplinary action. SEW White Collar-10/01/2020-09/30/2023 28 Page 1221 of 1299 b. Any "Major Discipline" or suspension resulting from the unsuccessful completion of a Performance Improvement Plan is subject to a Predetermination Conference. 23.6 TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION 23.6.1 Minor Discipline A112eal/Response Options: a. There are no appeal options for a Written Counseling or for placing an employee on a Performance Improvement Plan. b. Written Comments Employees may submit written comments in response to any Minor Discipline for inclusion in their personnel files. C. Administrative Appeal Employees may request to have an Administrative Appeal with the Director of Human Resources and Risk Management(or Designee) by making such request in writing or by electronic mail directly to the Director of Human Resources and Risk Management within fourteen (14) calendar days of receipt of a Written Notice, Written Notice in Lieu of Suspension, or Unpaid Suspension of twenty-four (24) hours or less. Within thirty (30) calendar days of conducting an Administrative Appeal, the Director of Human Resources and Risk Management (or Designee) will provide the employee with a written response of his/her determination. This determination is final and not subject to further review or appeal. 23.6.2 Major Discipline A112eal/Response Options: a. Written Comments Employees may submit written comments in response to any Major Discipline for inclusion in their personnel files. b. Predetermination Conference Prior to the imposition of any Major Discipline,employees are entitled to participate in a Predetermination Conference. Employees will be provided a letter explaining their eligibility to participate in the Predetermination Conference. If an employee wishes to participate, (s)he must timely elect to do so by completing and returning the Election of Rights form to the Director of Human Resources and Risk Management by the deadline stated in the letter, and (s)he must SEW White Collar-10/01/2020-09/30/2023 29 Page 1222 of 1299 attend the Predetermination Conference as scheduled. An employee may have a representative attend the Conference with him/her. As soon as practical after the Predetermination Conference, the employee will be notified in writing of the City's decision. If no agreement is reached following the City's response to the Predetermination Conference, the Union may refer the matter on behalf of the employee to arbitration by notifying the Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the tenth (10th) day of receipt of the City Manager's response. 23.7 CRIMINAL CHARGES a. If an employee is arrested and charged with a felony offense, the employee shall be placed on Administrative Leave Without Pay until all final dispositions of the criminal charges. An employee who is convicted of, or who pleads guilty or no contest to, a felony or who pleads guilty or no contest in conjunction with a plea negotiation shall be terminated from his/her employment with the City without the right to a Predetermination Conference or appeal through the Grievance process. If an employee is convicted of, or pleads guilty or no contest to a lesser charge or in conjunction with a plea negotiation, (s)he may be terminated from his/her employment with the City pending the outcome of a Predetermination Conference. b. During an Administrative Leave Without Pay under these circumstances, an employee will be paid from any accrued and available vacation and sick leave. SEW White Collar-10/01/2020-09/30/2023 30 Page 1223 of 1299 ARTICLE 24 24.0 GRIEVANCE AND ARBITRATION A grievance is defined as a dispute or disagreement involving the application or interpretation of the express provisions of this Agreement. Issues or disputes,which are not grievances as so defined,shall not be subject to arbitration but may be processed through the grievance procedure. The Parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of the Agreement. Challenges to discipline are governed by Article 23 -Discipline and Performance Management. All references to "days"in this Article shall mean calendar days. 24.1 Grievance Procedures All grievances and responses to grievances shall be dated and submitted in writing by electronic mail to the Director of Human Resources and Risk Management(or Designee). The Parties agree to the step procedure outlined in this Article and acknowledge that the Parties can only extend stated deadlines by written agreement that matters are temporarily (not to exceed ten (10) days) being held in abeyance. Extensions shall never be inferred by the conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely file or timely advance a grievance to the next step, the grievance is deemed "withdrawn" and cannot be refiled. If the City fails to timely respond at any step, the grievance is deemed "denied"and the Union or Grievant may proceed to the next step. The Parties agree to utilize the Director of Human Resources and Risk Management (or Designee) at all steps as the conduit for receiving and responding to grievances submitted to the City. Grievances at all steps shall be submitted by electronic mail to the Director of Human Resources and Risk Management (or Designee). For the purpose of this Article, "of receipt" shall mean the date the electronic mail message was sent. 24.1.1 Step One - Department Director The Union or Grievant shall submit in writing a Step One grievance on behalf of an employee or group of employees on or by the fifteenth(15th) day of the occurrence or on or by the fifteenth(15th) day of when the employee(s)knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name,job title,and department of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: SEW White Collar-10/01/2020-09/30/2023 31 Page 1224 of 1299 a. Statement indicating the grievance is a class action; and b. Signature of an SEIU Union Official(President,Vice-President,Chief of Staff, Deputy Chief of Staff, or non-City employee Lead Negotiator). In the event a grievance does not contain the required information listed above,the Director of Human Resources and Risk Management(or Designee) may return the grievance to the Union or Grievant by electronic mail with a written notification identifying the missing information and deeming the grievance as "incomplete." An "incomplete" grievance must be returned to the Union or Grievant on or by the fifteenth (15th) day of receipt of the grievance. The Union or Grievant will then have five (5) days from the date of receipt of the incomplete grievance to resubmit a complete grievance. If a complete grievance is not resubmitted on or by the fifth (5th) day of receipt,it will be deemed "withdrawn," and the Union or Grievant will not be able to resubmit it. The Department Director's Step One response shall be transmitted to the Union on or by the tenth (10th) day of receipt of a complete grievance. 24.1.2 Step Two - Director of Human Resources and Risk Management (or Designee) If no agreement is reached at Step One, the Union or Grievant may file a Step Two written grievance on behalf of grievant(s)by electronic mail to the Director of Human Resources and Risk Management on or by the seventh (7th) day of receipt of the Step One response. The Step Two written grievance shall describe with specificity the information on which the Union is relying to establish why it believes the Department Director's Step One response is not correct The Director of Human Resources and Risk Management (or Designee), at his/her discretion,may conduct interviews with the grievant(s),the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The Director of Human Resources and Risk Management (or Designee) must notify the Union or Grievant within five (5) days of receipt of the Step Two appeal if (s)he intends to conduct an interview with the grievant(s). Once such notification is made, the time period for the City's Step Two response is tolled until the interviews can be scheduled and conducted. The Director of Human Resources and Risk Management(or Designee) shall respond in writing to the Step Two grievance by electronic mail on or by the twentieth (20th) day of receipt of the Step Two grievance or on or by the twentieth(20th) day following an interview with the grievant(s), if an interview occurred. 24.1.4 Step Three-Arbitration a. If no agreement is reached at Step Two the Union may refer the grievance on behalf of the grievant(s) to arbitration by notifying the Director of Human Resources and Risk Management and the City Manager by electronic mail on or by the twentieth (20th) day of receipt of the Step Two response. The City may also request arbitration by notifying an SEIU Union Official by electronic SEW White Collar-10/01/2020-09/30/2023 32 Page 1225 of 1299 mail on or by the twentieth (201h) day of submitting the Step Two response. Employees who are not members of the Union,and who the Union refuses to represent as a result of such non-membership in the Union, may proceed to arbitration on their own and at their own expense, unless the Union has determined that the grievance giving rise to the arbitration has no merit. 24.2 Arbitration Procedures The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of receipt of arbitration notice as referenced in Section 24.1.4.a. by filing a request with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators with a business office in the State of Florida. A copy of this request shall be served on the other Party. 24.2.1 Arbitrator Selection Each Party retains the right to reject one arbitrator panel in its entirety and request that a new panel be issued. The Party requesting arbitration shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The person remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location determined by the Parties. 24.2.2 Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City;however,each Party shall fully bear the expense of preparing and presenting its own case,including the cost of witnesses and other people it requires to attend the arbitration. 24.2.3 Arbitrator Authority and Award The power of the arbitrator shall be limited to the interpretation and application of the written terms of this Agreement. In no event shall the terms and provisions of this Agreement be deleted, modified, or amended by the arbitrator. The arbitrator shall consider and decide only the specific issues raised by the grievance when it was submitted in writing to the City at Step One and the arbitrator shall have no authority to make his/her decision on any issue not submitted to him/her. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. In the event the arbitrator finds a violation of the Agreement, the arbitrator shall determine an appropriate Award. The arbitrator's Award shall not be greater than the restoration of the employee to his/her most recent position held and the monetary value of the employee's back wages and benefits to make the employee "whole." SEW White Collar-10/01/2020-09/30/2023 33 Page 1226 of 1299 24.2.4 Other Provisions A transcript of the Hearing will be made,unless waived by both Parties. Briefs, if any, must be filed with the arbitrator no later than thirty(30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested by either Party. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. SEW White Collar-10/01/2020-09/30/2023 34 Page 1227 of 1299 ARTICLE 25 25.0 INSURANCE 25.1 Medical,Vision and Dental Insurance The sole medical benefit plan available to employees is a High Deductible Health Plan (HDHP). 25.1.1 Year One: (October 1, 2020 through September 30, 2021) 1. The premium cost for "employee only" HDHP medical, dental, and vision insurance shall be paid by the City. Employees are responsible for paying any premiums associated with covering dependents. For this plan year, the City absorbed the cost of a twelve and a half percent(12.5%) increase in medical insurance premiums. The City Commission, through the Annual Budget process, may appropriate funds to subsidize the employees' premium costs for employees who cover dependent children on their medical plans. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of and/or amount of any such subsidy is not subject to negotiation. 2. The City will contribute an annualized total of seven hundred fifty ($750.00) into an employee's HSA on the first full pay period check date following January 1, 2021. a. In order to be eligible for HSA deposit above, an employee must be actively employed on January 1, 2021. b. Employees who are enrolled on the City's medical plan but who are ineligible to have an HSA because they are also enrolled in Medicare,may be eligible to receive the City contribution amount referenced in Section 2 above as a lump sum. These employees must inquire directly with the Director of Human Resources and Risk Management(or Designee)no later than December 1st to be considered. 3. The City will contribute two hundred fifty dollars ($250.00) into an employee's HSA when they complete a Personal Health Assessment (PHA) between October 1, 2020 through July 31, 2020 at the Employee Health and Wellness Center and provide the required documentation to Human Resources. There should be a minimum of seven (7) months between PHA exams. 4. The City will provide opportunities to convert an annualized total value of up to one thousand five hundred dollars ($1,500.00) after pension deduction, of any combination of sick and vacation time at the 100%conversion rate to help fund their HSA. This conversion can be done during the following times: a. November 1,2020 -November 30,202017 (any amount up to an annualized total of$1,500.00) b. April 1,2021-April 30,2021 (any amount up to an annualized total of$1,500.00) SEW White Collar-10/01/2020-09/30/2023 35 Page 1228 of 1299 c. August 1, 2021 - August 31, 2021 (any amount up to an annualized total of $1,500.00) d. For purposes of this Article, "annualized" means plan year October 1, 2020 through September 30, 2021. 5. Newly hired employees, hired on or after October 1, 2020, and who elect to be covered on the City's medical insurance, will accrue sixty-two dollars and fifty cents ($62.50) per active month of service for the City to deposit into their HSA through September 2021. The initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. 25.1.2 Year Two: (October 1, 2021 through September 30, 2022) a. The aforementioned provisions in section 25.1.1 will be effective for future plan years during the term of this Agreement, with modification to the dates in order to refer to the applicable year. b. The City and Union agree to reopen this section [25.1.1] no later than July 15th of each year of the Agreement if the following occurs: i. The billing premium cost passed on to the employee for dependent coverage increases by more than five percent(5%); and ii. The deductible amounts increase by more than$250.00 for employee only coverage or more than $500.00 for employee plus dependent(s) or family coverage. 25.1.3 Year Three: (October 1, 2022 through September 30, 2023) a. The aforementioned provisions in section 25.1.1 will be effective for future plan years during the term of this Agreement, with modification to the dates to refer to the applicable year. b. The City and Union agree to reopen this section [25.1.1] no later than July 15th of each year of the Agreement if the following occurs: i. The billing premium cost passed on to the employee for dependent coverage increases by more than five percent(5%); and ii. The deductible amounts increase by more than$250.00 for employee only coverage or more than $500.00 for employee plus dependent(s) or family coverage. SEW White Collar-10/01/2020-09/30/2023 36 Page 1229 of 1299 ARTICLE 26 26.0 PENSION 26.1 Employees will continue to participate in the employee's pension plan of the City of Boynton Beach Ordinance No.88-43,as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union,in its entirety, upon request from the Union. 26.2 Recent Historical Changes During Bargaining • The City and the Union agree to conform the pension plan to state requirements as pertaining to municipal pension programs. • DROP: Employees hired on or after January 1, 2020 will receive interest at a rate of 0%-8%depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. SEW White Collar-10/01/2020-09/30/2023 37 Page 1230 of 1299 ARTICLE 27 27.0 HOURS OF WORK, OVERTIME,AND BREAKS 27.1 HOURS OF WORK 27.1.1 The basic work week shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish, and may change, the basic work week and hours of work best suited to meet the needs of the City. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. 27.1.2 The Department Director(or Designee)will establish a regular work schedule for employees and may change an employee's or group of employees'regular work schedules to meet department needs. Employees will be notified in writing with a minimum of six (6) calendar days of notice of any change to their regular work schedules. Notwithstanding the requirement for the advanced notice, employees may, at their sole discretion, waive the notice period and begin to work the new schedule upon request of the Department Director (or Designee). 27.1.3 Employees may be required to work additional hours as assigned by their supervisors. 27.1.4 Employees shall not be in a work status more than seven(7) minutes prior to, or more than seven(7)minutes after,their regular workdays unless they have their supervisor's approval to be in a work status. For purposes of timekeeping, the City will round time to the quarter hour consistent with 29 C.F.R.§ 785.48. Example: 6:53 - 7:07 = 7:00 7:08 - 7:22 = 7:15 7:23 - 7:37 = 7:30 7:38 - 7:52 = 7:45 27.1.4.1 It is understood that the clock or other system designated by an employee's supervisor to record arrival and departure shall be the clock or system against which timely reporting for work is measured. If at any time that clock or system is deemed inoperative, the immediate supervisor will advise employees which clock or system will be utilized for timekeeping purposes. 27.1.4.2 Employees are required to accurately document or record their work time pursuant to their department's system. 27.1.5 Shift Bidding: Employees who work in departments in job classifications that have more than one established shift are able to bid on these shifts SEW White Collar-10/01/2020-09/30/2023 38 Page 1231 of 1299 pursuant to the Department's/Division's established shift bidding process. A list of Departments/Divisions with established shift bidding processes is available in ADDENDUM"A"of this Agreement. 27.1.5.1 If no departmental/divisional shift bidding process exists for a job classification within a Department/Division that has more than one shift,then the priority for selecting shifts will be based on seniority, as defined by the length of time in the job classification within the department/division,as long as the department/division can maintain the necessary balance of employees with the requisite knowledge, skills, and abilities required for the shift. The Department Director retains the sole discretion to determine the requisite knowledge,skills,and abilities complement required on each shift. Such shift bidding opportunities will be granted each year on December 1st and become effective January 1st. 27.2 OVERTIME 27.2.1 All work performed in excess of forty (40) hours in any one work week shall be paid in accordance with the Fair Labor Standards Act (FLSA) regulations for overtime. 27.2.2 Only hours "actually worked"will be considered in the calculation of overtime. 27.2.3 Additional hours may be offered and scheduled for a specified work function. Such additional hours will be offered on a rotating basis based on seniority, which is defined as the length of time in the job classification within the department/division. Department/Division established rotation processes supersede this provision. A list of Departments/Divisions with established rotation processes is available in ADDENDUM"B"of this Agreement. 27.2.3.1 Additional hours worked are not calculated as "overtime"until an employee has"actually worked"in excess of forty(40) hours in the work week. 27.2.4 Supervisor's shall provide no less than two (2)hours of advanced notice to employees prior to the assignment of unscheduled/mandated additional work hours except in the case where the supervisor, in consultation with the Department Director(or Designee),has determined that the additional unscheduled/mandated hours are deemed an immediate necessity for providing City services. 27.2.4.1 An employee who refuses or fails to work additional hours, pursuant to Section 27.2.4, may be subject to discipline if the employee does not have a legitimate reason, as determined by the supervisor in consultation with Human Resources, as to why (s)he cannot work the hours. SEW White Collar-10/01/2020-09/30/2023 39 Page 1232 of 1299 27.2.5 In the event an employee is required to work additional hours, the employee's hours may be flexed within the same work week, provided the employee and the supervisor mutually agree to do so. 27.3 BREAKS 27.3.1 Employees are provided with two (2) paid fifteen (15) minute breaks throughout the course of a minimum eight (8) hour scheduled shift. During scheduled shifts of less than eight(8)hours,employees are provided with one (1) paid fifteen (15) minute break. During these paid breaks, employees are required to remain at the job site. Paid breaks are scheduled by the employee's supervisor,and the supervisor may authorize the combination of two (2) paid breaks. 27.3.2 Unless otherwise stated,employees who are scheduled to work a shift of eight and a half (8.5) hours have a thirty (30) minute unpaid break. Employees who are scheduled to work a shift of nine (9) or more hours have a sixty (60) minute unpaid break. During this break time, employees are allowed to leave the job site. Unpaid breaks are scheduled by the employee's supervisor,and the times of such breaks are subject to change without notice. 27.3.2.1 An employee who, due to work necessity as dictated by his/her supervisor, is unable to disengage from work for the break referenced in Section 27.3.2 may be required or authorized by his/her supervisor to flex that time on the same work day. 27.3.2.2 A Department Director, with approval from the Director of Human Resources and Risk Management and the City Manager, may authorize an employee to have an alternate unpaid break length that is consistent with his/her regular work schedule. 27.3.2.3 Employees in the following job classifications are not eligible for the break referenced in Section 27.3.2 because they are required to remain at the job site an unable to fully disengage from their work: • Plant Operator Maintainer Trainee • Water Treatment Plant Operator I • Water Treatment Plant Operator II • Water Treatment Plant Operator III • Water Treatment Plant Lead Operator 27.3.3 An employee who fails to adhere to break time provisions, including timely returning to work from breaks,is subject to discipline. SEW White Collar-10/01/2020-09/30/2023 40 Page 1233 of 1299 27.4 Task Assignment(Solid Waste) 27.4.1 Solid Waste employees are responsible for satisfactory completion of a daily Task Assignment. A daily Task Assignment is defined as those duties correlating to collection of solid waste from defined routes; assisting other employees in collecting solid waste from other defined routes pursuant to Section 27.4.2; attending departmental meetings that require employee attendance; cleaning and maintaining vehicles; performing emergency work pursuant to Section 27.4.3; and any other duties assigned by supervisory staff related to support services for solid waste collection and to advance Citywide disaster responses. 27.4.2 Within the Solid Waste Division, circumstances may arise which prevent certain crews from completing their assigned routes within the work day. In this event, Management may direct other crews to help complete the route(s) of crews who were unable to complete their route(s) on that same day. 27.4.3 All employees in the Solid Waste Division of Public Works who perform work pursuant to Section 27.4.1 are considered Task employees. Task employees will be assigned to shifts of either eight (8) or ten (10) hours per day. Task employees will maintain the same shift for an entire work week. At the beginning of each work day, a daily Task Assignment shall be assigned by the supervisor. Upon completion of the assigned daily Task Assignment, a Task employee may be required to perform other work functions related to the Solid Waste Division of Public Works. 27.4.3.1 Task employees shall be released from duty only by their immediate supervisors, the supervisor on-duty, or the Solid Waste Manager. Task employees are prohibited from releasing themselves from duty. Task employees who self-release from duty are subject to disciplinary action. 27.4.4 The Director of Public Works (or Designee) will "equalize," as closely as possible, assignments for Task employees. 27.4.5 An employee may be assigned to cover another employee's assigned route when the employee who is normally assigned to the route is on vacation or is on extended leave. In this case,the employee who is assigned to cover the route shall be assigned that route for the entire work week and shall work the same shift as the employee for whom(s)he is covering. Management shall make every effort to provide the covering employee with forty-eight(48)hours of advance notice. 27.4.6 "Task hours"Accrual and Effect on Payroll 27.4.6.1 Section 27.2.4 is not applicable to Task employees who are on Task Assignment (Solid Waste). Overtime is calculated and paid pursuant to Sections 27.2.through 27.2.3.1. 27.4.6.2 Due to the type of work, there may be instances when an employee completes his/her daily work prior to the end of his/her regularly scheduled shift ending time. If no other work is required to be completed, a supervisor may release the employee for the day. In order to ensure that the SEW White Collar-10/01/2020-09/30/2023 41 Page 1234 of 1299 employee is not adversely affected by this early release,the remaining hours in the work day will be notated as"Task hours." 27.4.6.3 "Task hours" are hours that are not "actually worked;" therefore,these hours are not considered"hours worked"for the purposes of calculating overtime. Task hours also shall not result in paying an employee for more than forty (40) hours in any work week if (s)he has not actually worked more than forty (40) hours in that work week. 27.4.6.4 "Task hours" that have been accrued during the work week are only paid when an employee,as a direct result of being released early from his/her scheduled task assignment, has not met the minimum threshold of forty(40) hours in the work week. Example #1: Day Hours Worked Task Hours Accrual (not worked) Monday 9 1 Tuesday 10 0 Wednesday OFF OFF Thursday 12 0 Friday 6 4 Weekly 37 5 Hours Paid 37 Reg 3 Task 40 total hours Example #2: Day Hours Worked Task Hours Accrual (not worked) Monday 12 0 Tuesday 12 0 Wednesday OFF OFF Thursday 8 2 Friday 10 0 Weekly 42 2 Hours Paid 40 Reg&2 OT 0 Task 42 total hours Example #3: Day Hours Worked Task Hours Accrual (not worked) Monday 12 0 Tuesday (Vacation) 10 0 Wednesday OFF OFF Thursday 8 2 Friday 9 1 Weekly 39 3 Hours Paid 29 Reg&10 Vac 1 Task 40 total hours SEW White Collar-1010112020-09/30/2023 42 Page 1235 of 1299 27.4.7 Employees may sign up to voluntarily work on Sunday to perform work consistent with Task Assignments. Voluntary Sunday Task Assignments shall be offered on a rotating seniority basis, starting with the most senior employee who signed up to work. 27.4.7.1 A Task employee who has volunteered to work on that Sunday will be paid either: (a)three (3)hours at one and a half(1.5)times his/her regular rate of pay or (b) the total of all actual hours (s)he "actually worked" at his/her regular rate of pay,whichever is greater. 27.4.7.2 Should no Task employees volunteer to work on a Sunday when work is available, the City shall mandate the Sunday Task Assignment by reverse seniority, beginning with the least senior Task employee. Task employees who have been mandated to work a Sunday Task Assignment will be paid the total of all actual hours (s)he"actually worked"at his/her regular rate of pay. 27.5 UTILITIES SHIFT DIFFERENTIAL Water Plant Operators who work the evening/overnight shift(current shift as of ratification: 6:00 p.m. - 6:00 a.m.) are eligible to receive a shift differential, which is an additional five percent(5%) of pay per hour. SEW White Collar-10/01/2020-09/30/2023 43 Page 1236 of 1299 ARTICLE 28 28.0 COMPENSATORY TIME 28.1 Employees may accrue compensatory time in lieu of overtime pay when the employee works in excess of forty(40) hours in a work week. 28.2 Compensatory time is accrued at one and a half (1.5) times per hour of overtime worked. Employees may accumulate up to eighty (80) hours of compensatory time. At no time may an employee accumulate more than eighty (80) hours of compensatory time. Compensatory time must be taken within the quarter following its accrual or it will be paid out. 28.2.1 The first quarter begins on October 1st. 28.3 It is solely the employee's option to choose whether (s)he wishes to be paid for his/her overtime or to accrue compensatory time. The City will not encourage employees to take one form of compensation over the other. SEW White Collar-10/01/2020-09/30/2023 44 Page 1237 of 1299 ARTICLE 29 29.0 HOLIDAYS 29.1 The following is a list of City-observed holidays. The dates on which each holiday is observed by the City is determined each October for the upcoming calendar year. • New Year's Day • Martin Luther King,Jr. Day • Presidents'Day • Memorial Day • Independence Day • Labor Day • Veterans'Day • Thanksgiving Day • Day After Thanksgiving • Christmas Eve • Christmas Day 29.2 Holiday Pay Provisions 29.2.1 For employees who are not required to work on a City-observed holiday: A. When a City-observed holiday falls on an employee's scheduled work day,the employee will receive eight(8)hours holiday pay at straight time. B. When a City-observed holiday falls on an employee's non- scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. C. Employees must work their regularly scheduled work day immediately before and their regularly scheduled work day immediately after the holiday or be in a pre-approved and authorized pay status immediately before and after the holiday in order to receive holiday pay or have floating holiday hours added to their vacation leave banks. 29.2.2 For employees who are required to work on a City-observed holiday: A. An employee who is scheduled and required to work on a City- observed holiday,will receive eight(8)hours of holiday pay at straight time in addition to being compensated for their hours "actually worked." SEW White Collar-10/01/2020-09/30/2023 45 Page 1238 of 1299 B. Employees must report to work on time and work until the end of their shift on the City-observed holiday in order to be eligible for holiday pay. 29.2.3 Employees who are on a pre-approved and authorized leave with pay status on the date on which a City-observed holiday falls will have their leave time for that date designated as "holiday," and it will not be charged to or deducted from their otherwise designated leave bank. 29.3 Task Assignment(Solid Waste) Holidays 29.3.1 For Task employees who are not required to work on a City-observed holiday: A. When a City-observed holiday falls on a Task employee's scheduled work day, the employee will receive eight (8) hours holiday pay at straight time. B. When a City-observed holiday falls on a Task employee's non- scheduled work day, it will be treated as a floating holiday and eight (8) hours will be added to the employee's vacation leave bank. C. Employees must work their regularly scheduled work day immediately before and their regularly scheduled work day immediately after the holiday or be in a pre-approved and authorized pay status immediately before and after the holiday in order to receive holiday pay or have floating holiday hours added to their vacation leave banks. When a City-observed holiday falls on a Task employee's non-scheduled work day, it will be treated as a floating holiday, and eight (8) hours will be added to the Task employee's vacation leave bank. 29.3.2. For Task employees who are required to work on a City-observed holiday: A. An employee who is scheduled and required to work on a City-observed holiday, will receive eight (8) hours of holiday pay at straight time in addition to being compensated for their hours"actually worked." B. Should a Task employee be required to perform "actual work" beyond his/her regular eight(8)or ten (10)hour Task Assignment schedule on a holiday, those hours also count as "hours worked" for purposes of calculating overtime. C. Employees must report to work on time and work until the completion of their Task Assignment on the City-observed holiday in order to be eligible for holiday pay. SEIU White Collar-10/01/2020-09/30/2023 46 Page 1239 of 1299 29.3.3 Employees who are on a pre-approved and authorized leave with pay status on the date on which a City-observed holiday falls will have their leave time for that date designated as"holiday,"and it will not be charged to or deducted from their otherwise designated leave bank. 29.3.4 Task employees are prohibited from using Emergency Vacation,as referenced in Article 36.4, on a City-observed holiday. 29.3.5 The City will publish a holiday service schedule and makeup day schedule at least six(6) months in advance of a holiday. SEW White Collar-10/01/2020-09/30/2023 47 Page 1240 of 1299 ARTICLE 30 30.0 WAGES 30.1 Year One (October 1, 2020 - September 30, 2021): Bargaining Unit members who were actively employed on September 30, 2020 and who have not terminated before ratification of this Agreement,will receive a two and a half percent (2.5%) increase to their hourly base rate effective retroactive to October 1,2020 provided Union holds ratification vote on or before November 6, 2020. If ratification vote is held on or after November 7,2020,the increase will be effective at the start of the first full pay period following ratification by Commission. Employees who are at the maximum of their pay grades will receive an equivalent lump sum payment. 30.2 Year Two (October 1, 2021 - September 30, 2022): This Article will be reopened for negotiations in May 2022. Year Three may also be reopened at this time. 30.3 Year Three (October 1, 2022 - September 30, 2023): This Article will be reopened for negotiations no later than July 2023. SEW White Collar-10/01/2020-09/30/2023 48 Page 1241 of 1299 ARTICLE 31 31.0 STANDBY,CALL BACK,AND OTHER ASSIGNMENT INCENTIVE PAY 31.1 STANDBY PAY Standby Pay may also be referred to as "Beeper Pay" or "On-Call Pay." Department Directors establish departmental/divisional rules regarding Standby protocols, including response times and procedures, which meet the needs of their respective operations. This Article addresses how an employee will be compensated for Standby assignments. This Article is only applicable to employees who are required to report to"the field"rather than to "the office"or"the center." 31.1.1 Supervisors schedule employees for Standby Assignments on a rotating basis and considerations may include: seniority, capability, availability, and reliability. 31.1.2 Divisions/Departments establish the rate of Standby Pay,which is not to be less than the equivalent of one and one half(1.5)hours of pay at an employee's hourly base rate of pay. Divisions/Departments with established Standby Pay are attached in ADDENDUM"C." 31.1.3 Standby Pay for Court Appearances During Non-Working Hours: a. Upon notice from the City that an employee is required to remain on standby for a court appearance,the employee shall receive one (1) hour of Standby Pay at the employee's hourly base rate of pay for each non-working day(s)he is required to remain in such status. Employees in this status will be compensated at a rate one half (0.5) hour of pay at the employee's hourly base rate of pay for a maximum of eight(8) hours per non-working day. b. Employees who are required to appear in Court on behalf of the City are eligible for Call Back Pay, as defined in 31.3.2. of this Article, if such appearance is required during their non- working hours. 31.2 CALL BACK PAY Department Directors establish departmental/divisional rules regarding Call Back protocols, including response times and procedures, which meet the needs of their respective operations. This Article addresses how an employee will be compensated for Call Backs. This Article is only applicable to employees who are required to report to "the field" rather than to "the office" or "the center." Call Back Pay for Bargaining Unit members in the Police Department is addressed in ADDENDUM"D." An employee who is called back to work more than thirty(30) minutes after or more than thirty (30) minutes before his/her regularly scheduled work hours will receive Call Back Pay as follows: SEW White Collar-1010112020-09/30/2023 49 Page 1242 of 1299 31.2.1 For each Call Back from 6:00 a.m.through 6:59 p.m. a. Call Back Pay Minimum: Two (2) hours at one and one half (1.5) times the employee's hourly base rate, regardless of length of time required to complete the work. (No concurrent pay for the Call Back Pay Minimum and Regular Hours pay is permitted.) b. Time worked in excess of two (2) hours for one Call Back will be paid at straight time and will be counted as"hours worked" for purposes of calculating overtime. 31.2.2 For Each Call Back from 7:00 p.m.through 5:59 a.m. a. Call Back Pay Minimum: Three (3) hours at one and one half (1.5) times the employee's hourly base rate, regardless of length of time required to complete the work. (No concurrent pay of the Call Back Pay Minimum and Regular Hours pay is permitted.) b. Time worked in excess of three(3)hours for one Call Back will be paid at straight time and will be counted as"hours worked" for purposes of calculating overtime. Example #1 Employee's regular day is M-F 7:00am-3:30pm. Employee gets a call at 7:00 pm and works 0.5 hour Receives 3.00 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Employee gets another call at 8:30pm works for 0.5 hours Receives 3.00 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Employee gets another call at 10:00pm works for 0.75 hours Receives 3.00 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Example #2 Employee's regular day is M-F 7:00am-3:30pm. Employee gets a call at 7:00 pm works 0.5 hour Receives 3 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Employee gets another call at 8:30pm works for 3.50 hours Receives 3 hours of Call Back,and 0.50 hour of regular pay. (no concurrent pay of call back and regular hours) Employee gets another call at 3:00 am works for 0.75 hours SEW White Collar-10/01/2020-09/30/2023 50 Page 1243 of 1299 Receives 3 hours of Call Back pay only. (no concurrent pay of call back and regular hours) Example #3 Employee's regular day is M-F 7:00am-3:30pm. Employee gets a call at 7:00 pm works 3.0 hours Receives 3 hours of Call Back pay of pay. (no concurrent pay of call back and regular hours) Employee gets another call at 10:00 pm works for 1.0 hour Receives only 1.00 hour of regular pay and NO CALL BACK,because they were not "called back,"they were still in the field. (no concurrent pay of call back and regular hours) Employee gets a call at 3:00 am works for 0.75 hours Receives 3 hours of Call Back Pay only. (no concurrent pay of call back and regular hours) 31.3 OTHER ASSIGNMENT INCENTIVE PAY Nothing in this Article limits the City's ability to, or requires the City to, offer other incentive pay for assignments; however, such assignment incentives, if offered,will be made available to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment is being made. Seniority, defined as length of time in job classification within the Division of the Department, will be the basis from which selections for such assignments are made. 31.3.1 No assignment incentives may extend beyond three (3) months without the assignment being rotated based on seniority to all employees who are qualified to perform the responsibilities of the assignment and who are in the same job classification within the same Division/Department in which the assignment is being made. Seniority, defined as length of time in job classification within the Division of the Department,will be the basis from which selections for such assignments are made. 31.3.2 Any offer of other incentive pay for assignments is not a guarantee that such incentives will be continued,and the Union expressly waives its right to consider such incentives as a"Past Practice." SEW White Collar-10/01/2020-09/30/2023 51 Page 1244 of 1299 ARTICLE 32 32.0 CERTIFICATIONS AND PROFESSIONAL LICENSES Some positions within the City's established Job Classification system require employees to maintain certain certifications) and/or professional license(s) as a minimum requirement and as a condition of employment. Some positions within the City's established Job Classification system require employees to obtain certain certification(s) and/or professional license(s) as a prerequisite for advancement to the next step in the classification's Career Path. For purposes of this Article, Florida Class E Driver's Licenses are not considered"professional licenses." Nothing within this Article is a waiver or limitation of Management Rights. 32.1 An employee who is required to maintain such professional license(s) and/or certification(s), as a minimum requirement, as specified in the Job Classification for the employee's current position, is eligible for financial assistance. 32.1.1 The City will provide financial assistance for the maintenance of such professional license(s) and/or certifications) as follows: a. The City will reimburse the employee for application/registration and/or testing fees upon receipt of employee's documented, successful completion and renewal of required professional license and/or certification. b. The City is not responsible for costs associated with travel and costs associated with any classes required as continuing education credits. 32.2 An employee who is required to obtain such professional license(s) and/or certification(s) as a prerequisite to advancing to the next step in his/her job classification's Career Path is eligible for financial assistance. 32.2.1 The City will provide financial assistance for the maintenance of such professional license(s) and/or certifications) as follows: a. The City will reimburse an employee for twenty-five percent (25%) of the cost for one (1) set of basic study materials per employee per required license and/or certification. b. The City will reimburse the employee for application/registration and/or testing fees upon receipt of employee's documented, successful completion and renewal of required professional license and/or certification. c. The City is not responsible for costs associated with travel and costs associated with any classes required as continuing education credits. SEW White Collar-10/01/2020-09/30/2023 52 Page 1245 of 1299 32.3 The City may, from time to time, offer other incentives or additional pay to employees who, on their own time and expense, have attained professional license(s) or certification(s), which are not required in, but allow them to perform additional functions within their current Job Classification,and such functions are determined by the Department Director to be beneficial for the employees to be able to perform. 32.3.1 Employees who are receiving incentives or additional pay pursuant to Section 32.3 are not eligible to receive "Out of Class Pay" (See Article 34) unless the employee has been assigned in writing to perform another job due to a vacancy in the budgeted position. In cases when an employee has been assigned to work Out of Class, any incentive(s) or additional pay will be suspended until such time that the Out of Class assignment is concluded. 32.3.2 Nothing in Section 32.3 requires the City to offer other incentives or additional pay to employees who have professional license(s) and/or certification(s) not specifically stated as a minimum requirement in their current Job Classifications. Any such incentive or additional pay, if offered, will be made available to all employees in the same job classification within the same Division/Department, who have identical professional license(s) and/or certifications) and who are willing to perform additional functions, which are not required in their current Job Classification Any offer of other incentives or additional pay for assignments is not a guarantee that such incentives or additional pay will be continued, and the Union expressly waives its right to consider such incentives and additional pay as "Past Practices." SEW White Collar-10/01/2020-09/30/2023 53 Page 1246 of 1299 ARTICLE 33 33.0 EMERGENCY PAY POLICY 33.1 Emergency pay shall hereinafter be paid pursuant to the provisions of City Emergency Ordinance 2005-036 or the most current City Emergency Ordinance. SEW White Collar-10/01/2020-09/30/2023 54 Page 1247 of 1299 ARTICLE 34 34.0 OUT OF CLASS ASSIGNMENT PAY 34.1 Employees shall be required to perform work in a different classification upon notice from their supervisor. The supervisor is responsible for documenting Out of Class Assignments for payroll processing. 34.2 Out of Class Assignment Pay of five percent (5%) will be provided to employees who are assigned to work in a position in a higher pay grade for at least eight (8) hours. Any Out of Class Assignment for a duration of more than forty(40) hours will be documented on an eForm. 34.3 Upon release from an Out of Class Assignment,the five percent(5%)increase to the employee's hourly rate of pay or the minimum hourly rate of the assigned classification's pay grade will terminate. 34.4 For training purposes, employees are required, upon written notice from their supervisor, to perform work functions that may be included in a Job Classification in a higher pay grade. An employee who is assigned pursuant to this Section is not entitled to Out of Class Pay. SEW White Collar-10/01/2020-09/30/2023 55 Page 1248 of 1299 ARTICLE 35 35.0 TRAINING ASSIGNMENT PAY 35.1 On-the-job training is important to help acclimate employees to new or different job responsibilities. Having employees share their knowledge and expertise in integral to building efficient and effective operations while fostering team work and collaboration. 35.2 Employees, upon notice from their supervisors, are required to train other employees. When an employee is assigned to train an employee who is new to his/her position,this will be documented on an eForm. 35.3 Employees who have been assigned to train other employees, pursuant to Section 35.2, will receive a five percent (5%) increase to their hourly rate of pay until the assignment is concluded. 35.4 Upon release from a Training Assignment, the five percent (5%) increase to the employee's hourly rate of pay will terminate. SEW White Collar-10/01/2020-09/30/2023 56 Page 1249 of 1299 ARTICLE 36 36.0 VACATION 36.1 Accrual: Employees accrue vacation hours each pay period when they are in an active and paid status of twenty-four (24) or more hours. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 Year 80 2-3 Years 120 4 Years 128 5 Years 136 6 Years 144 7 Years 152 8 Years 160 9 Years 168 10-15 Years 176 16-20 Years 192 21 Years&After 200 36.1.1 An employee may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30th of each year will be forfeited. 36.1.2 An employee who has had documented vacation leave request(s) denied during the fiscal year due to operational requirements and will exceed the Allowable Maximum on September 30th, may request to receive payment for the excess vacation hours (up to the number of vacation hours that were denied). 36.1.2.1 In order to receive the payment in Section 36.1.2 the employee must notify his/her supervisor no later than August 1st of the current fiscal year, so the supervisor can have the denied leave requests and an EAR submitted to Finance no later than September 1st of the current fiscal year. Payment will be made on the last paycheck date of the fiscal year. 36.2 Requests: Vacation may be requested as earned, in thirty (30) minute increments, subject to the approval of the Department Director (or Designee) who shall approve or deny vacations based on operating requirements of the Department. Approval of vacation leave requests must not be unreasonably withheld. SEW White Collar-10/01/2020-09/30/2023 57 Page 1250 of 1299 36.2.1 Requests to use vacation for three (3) consecutive shifts or less must be submitted for approval twenty-four (24) hours in advance. Supervisors must approve or deny the request prior to the end of the work shift on the work day preceding the first requested date. 36.2.2 Requests to use vacation for more than three (3) consecutive shifts must be submitted for approval seventy-two (72) hours in advance. Supervisors must approve or deny the request forty-eight(48) hours prior to the end of the work shift of the first requested date. Advanced vacation requests must be approved or denied within thirty(3 0) days of the date of the request. 36.3 An employee who is absent without approval shall be docked pay for the time not worked and is subject to disciplinary action. 36.4 Emergency Vacation: During the fiscal year, an employee may be granted the use of up to twenty- four (24) hours of vacation for absences from work when a vacation request cannot be timely made pursuant to Section 36.2.1 or Section 36.2.2. An Employee must notify his/her supervisor of the need for this absence, pursuant to applicable Departmental call-in procedures, with at least thirty (30)minutes prior the start time of his/her shift. If an employee is already at work and the employee is notified of an emergency, (s)he may use Emergency Vacation upon notice to, and approval from, his/her supervisor. Emergency vacation can be requested no more than four (4) times per fiscal year. Time used in this regard may be used in increments of one (1) hour. 36.4.1 Task employees who are required to work on a City-observed holiday are prohibited from using Emergency Vacation on that City-observed holiday. 36.6 Emergency Cash Out: 36.6.1 Employees faced with sudden and extraordinary circumstances of hardship, as defined by IRS regulations governing 401(k) plans, and who have in excess of forty(40)hours of accrued vacation,are eligible to request emergency cash out of vacation. If approved,an employee may convert up to eighty (80) hours of Vacation to cash (less applicable deductions) provided they will have remaining in their Vacation bank after the cash out a minimum of forty (40) hours. Conversions must be done in increments of eight(8) hours. 36.6.2 An employee who does not have enough accrued vacation hours to finance the total amount of his/her emergency cash out request may consider also using accrued sick leave hours. Sick leave hours used for a cash out will be calculated at fifty percent (50%) of the employee's hourly rate. Accrued sick leave hours may only be used if the employee will have remaining in his/her Sick bank after the cash out eighty (80) hours. The total combination of vacation and sick SEW White Collar-10/01/2020-09/30/2023 58 Page 1251 of 1299 hours may not exceed eighty (80) hours and vacation hours must always be used before sick hours. 36.6.3 A request must be made in witting outlining the emergency and submitted to the Human Resources Director on the appropriate form. A committee comprised of the City Manager, Finance Director, and Director of Human Resources and Risk Management will then review the request and approve,deny,or modify the requested hours as they see fit. Employees may utilize this provision once during each fiscal year of this Agreement. Upon request, employees are required to provide a receipt as proof of payment for any estimate provided as documentation of an expense. 36.6.3.1 The committee reserves the right to review and consider requests that are not specifically addressed in the IRS regulations governing 401(k) plans. SEW White Collar-10/01/2020-09/30/2023 59 Page 1252 of 1299 ARTICLE 37 37.0 SICK LEAVE 37.1 Accrual: Employees shall accrue sick leave at a rate of eight(8) hours per month for a total annualized accrual amount of ninety-six (96) hours. No employee shall be entitled to use sick leave in excess of the amount of accrued and unused hours (s)he has available. 37.2 Notice of Use of Sick Hours: 37.2.1 Unscheduled Sick: An employee shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than thirty (30) minutes before the start of his/her scheduled shift. If an employee fails to call in within the specified time,the employee shall be subject to progressive discipline. This notice procedure shall be followed for each day the employee is unable to report to work unless the employee has been authorized by Human Resources and the City Manager for an extended leave of absence. 37.2.2 Scheduled Sick: An employee may request with a minimum of forty- eight (48) hours of advanced notice to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick" pay code must be provided with payroll. Unsubstantiated use of such time will result in the time being recoded to"sick." 37.3 Documentation Required: For any use of sick time in excess of three (3) consecutive work days, an employee is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. 37.3.1 "Consecutive work days" means any day for which you were scheduled to work,including additional or"overtime"shifts. 37.4 Sick hours may be requested and/or utilized upon approval of the Department Director (or Designee) for the following reasons: A. Employee's health, or up to forty (40) hours per fiscal year for illness of immediate family member: the employee's parent, spouse,or child. B. Medical, dental,or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. C. Quarantine due to exposure to contagious disease. SEW White Collar-10/01/2020-09/30/2023 60 Page 1253 of 1299 D. In connection with an employee's Workers' Compensation case, where (s)he has declined a light duty assignment or where no such assignment is available.. E. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the employee, or the employee's immediate family member, as defined in(FMLA). 37.5 An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part- time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to Section 37.5.3. 37.6 Payout of Sick Leave 37.6.1 Newly hired probationary employees are not eligible for sick leave payout. 37.6.2 Employees who are terminated from the City are not eligible for a payout of sick leave. 37.6.3 Regular employees will have payment made for their accrued and unused sick hours,at the percentage specified in the table below,upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement,or early retirement as defined in the appropriate Pension Plan). Continuous Years of Service Percentage of Sick Leave Payout Less than 5 full years 0% 5 years but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 37.7 Sick Leave Donations: 37.7.1 Sick Leave Donations are available pursuant to City policy. SEW White Collar-10/01/2020-09/30/2023 61 Page 1254 of 1299 ARTICLE 38 38.0 COMPASSIONATE LEAVE 38.1 In the event of the death of an employee's mother,father,child,foster parent, step-parent, foster child, step-child, brother, sister, spouse, registered domestic partner, son-in-law, daughter-in-law, grandparent, grandchild, mother-in-law, or father-in-law, the employee shall be entitled to paid compassionate leave not to exceed three (3) consecutive work days. However, if it is necessary for the employee to leave the State in connection with the interment of the deceased, the employee shall be entitled to be paid compassionate leave not to exceed five (5) consecutive work days. 38.2 Employees must submit proof of death within thirty (30) days in order to be eligible for paid Compassionate Leave. The City Manager may grant additional Compassionate Leave at his/her sole discretion. SEW White Collar-10/01/2020-09/30/2023 62 Page 1255 of 1299 ARTICLE 39 39.0 JURY DUTY 39.1 Leave with pay may be authorized for an employee who is required to attend Jury Duty or to whom a subpoena has been issued by a court of law to appear as a witness on a case on behalf of the City, provided the employee provided proper notice as outlined in Section 39.2. 39.2 An employee is required to provide five (5) days of advance notice to his/her supervisor that they have received a Jury Summons. Employees who are required to report to jury duty on a day that they are scheduled to work are not required to report to work on the day on which they reported for jury duty. Employees whose work schedule crosses the day divide (12:00 A.M.) must make arrangements with their supervisors in advance as to which day (s)he will be required to report. 39.3 In order for employee to receive his/her regular pay for such leave the employee must deposit the money which (s)he receives for jury duty or witness fee,with the City's Finance Department for those hours that coincide with his/her regular work schedule, unless otherwise provided by law. Employees can keep only travel expense monies. 39.4 An employee who is subpoenaed as witness in a case unrelated to City business may request vacation leave in order to receive pay. SEW White Collar-10/01/2020-09/30/2023 63 Page 1256 of 1299 ARTICLE 40 40.0 UNAUTHORIZED ABSENCE 40.1 A Bargaining Unit member who is absent from work without authorized leave for a period of more than three (3) days shall be deemed to have abandoned his or her job and shall be separated from employment with the City. Separation of this type shall not be subject to any appeal, grievance, or arbitration process. 40.2 However, a Bargaining Unit member who is absent from work without authorized leave for a period of more than three (3) days but not more than thirty(30) days, and who, due to a serious medical condition,was physically unable to notify his/her employer or have another person notify his/her employer may request consideration for rehire from the City Manager via written notice to the Director of Human Resources and Risk Management. Under these circumstances, the Director of Human Resources and Risk Management must be provided with sufficient details and circumstances surrounding the absence within thirty-one (31) days of the first date of absence. The City Manager's determination shall be final and not subject to further review,appeal,grievance, or arbitration process. 40.2.1 Nothing within this Section shall prevent the City from filling the vacancy on or after the fourth(4th)day of the employee's absence.The City is under no obligation to return the employee to work. SEW White Collar-10/01/2020-09/30/2023 64 Page 1257 of 1299 ARTICLE 41 41.0 LEAVES OF ABSENCE 41.1 Family and Medical Leave Act(FMLA): An employee who has worked for the City for at least twelve (12)months and who has worked at least one thousand two hundred fifty(1,250)hours in the preceding twelve(12)months is eligible to request job-protected leave under FMLA for qualified reasons as defined by the law. Requests for leave under FMLA must be submitted in writing on the designated form to the Human Resources and Risk Management Department. Leaves under FMLA are approved by the Director of Human Resources and Risk Management and the City Manager. Human Resources may designate as FMLA an eligible employee's qualified leave, including lost time due to a Workers' Compensation claim. For more information regarding leave under FMLA, contact the Human Resources and Risk Management Department. 41.2 Americans with Disabilities Act Amendments Act(ADAAAI: An employee may be entitled to leave as an accommodation for his/her disability under the ADAAA. For more information regarding a leave accommodation under ADAAA, contact the Human Resources and Risk Management Department. 41.3 Military Leave: The City complies with Military Leave pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Florida Statute 115.07. An employee must immediately notify the Human Resources and Risk Management Department upon notice of his/her need for Military Leave. For more information regarding Military Leave,contact the Human Resources and Risk Management Department. 41.4 Leave of Absence (Other): An employee who is not eligible for leave under FMLA, ADAAA, or Military Leave may request a Leave of Absence for up to ninety (90) days. A request for a Leave of Absence must be submitted in writing to the City Manager via the Director of Human Resources and Risk Management. The City Manager,in consultation with the Director of Human Resources and Risk Management and the employee's Department Director, will consider an SEW White Collar-1010112020-09/30/2023 65 Page 1258 of 1299 employee's request for a Leave of Absence on a case-by-case basis with the operational needs of the City being a primary factor in whether or not the leave may be granted. An employee who is on an approved Leave of Absence is subject to being recalled to service upon notice of the City Manager (or Designee). The City Manager's determination is final and is not subject to further review,appeal,grievance, or arbitration process. Any approved Leave of Absence will require an employee to utilize his/her paid leave time in the following order: compensatory time,vacation,and sick. Once the employee has exhausted all available accrued time,the remainder of the Leave of Absence will be without pay. An employee will not accrue vacation or sick hours while on a Leave of Absence. The employee is responsible for the full cost of insurance premiums for work weeks in which (s)he is in an unpaid status of less than twenty-four (24) hours. SEW White Collar-10/01/2020-09/30/2023 66 Page 1259 of 1299 ARTICLE 42 42.0 MODIFIED WORK (LIGHT DUTY) 42.1 Modified Work Assignments (Workers' Compensation): An employee who has been released to work with restrictions may be accommodated with a modified work (light duty) assignment at the sole discretion of the Human Resources and Risk Management Department. An employee may choose to accept or decline the modified work assignment. If an employee declines an offer of a modified work assignment, the employee will be required to remain at home until released to full duty with no restrictions, and during this time, (s)he will be required to use accrued and available leave time in the following order:sick and vacation. Additionally,an employee who declines an offer of a modified work assignment and who meets the eligibility requirements for leave under FMLA, will have his/her time off automatically designated as FMLA. For more information regarding modified work as it pertains to Workers' Compensation, contact the Human Resources and Risk Management Department. 42.2 Modified Work Assignments (Other): The City complies with the Americans with Disabilities Act Amendments Act (ADAAA) to provide reasonable accommodations to employees who request them and are qualified. An employee may request an accommodation and/or more information by contacting the Human Resources and Risk Management Department. SEW White Collar-10/01/2020-09/30/2023 67 Page 1260 of 1299 ARTICLE 43 43.0 WORKERS' COMPENSATION The City is self-insured for Workers'Compensation. The City's Human Resources and Risk Management Department coordinates claims management for work-related injuries and illnesses. For information and policies regarding Workers' Compensation,contact the Human Resources and Risk Management Department. 43.1 Reporting Work-Related Injuries/Illnesses: An employee who sustains a work-related injury or illness is required to immediately notify his/her supervisor and/or the Human Resources and Risk Management Department. Notification to the Human Resources and Risk Management Department can be made 24/7 by calling: (561) 742-6677 or via e-mail to: risk@bbfl.us. An employee who fails to promptly notify his/her supervisor or the Human Resources and Risk Management Department is subject to disciplinary action including termination of employment. 43.2 FMLA in Conjunction with Workers' Compensation: Human Resources may designate as FMLA an eligible employee's lost time due to a Workers' Compensation claim. SEW White Collar-10/01/2020-09/30/2023 68 Page 1261 of 1299 ARTICLE 44 44.0 SAFETY AND HEALTH The City and the Union agree that a safe and healthy workplace is mutually desirable. The City commits to maintaining a safe and healthy workplace for its employees. 44.1 Immunizations: Employees may request, and the City will provide at an authorized facility at no cost to the employee, immunization shots for tetanus, hepatitis, and diphtheria. 44.2 Safety Committee: The Safety Committee will include one (1) Blue Collar representative and one (1) White Collar representative who is designated by the Union. SEW White Collar-10/01/2020-09/30/2023 69 Page 1262 of 1299 ARTICLE 45 45.0 DRUG FREE WORKPLACE POLICY 45.1 The Union recognizes and supports the City's Drug Free Workplace Policy, as amended from time to time. For information regarding the City's Drug Free Workplace Policy, contact the Human Resources and Risk Management Department. A copy of the City's Drug Free Workplace Policy in effect at the time of ratification is attached in ADDENDUM"E." SEW White Collar-10/01/2020-09/30/2023 70 Page 1263 of 1299 ARTICLE 46 46.0 UNIFORMS AND ALLOWANCES 46.1 UNIFORMS: 46.1.1 Applicability: Employees are required to adhere to the City's Dress Code while working and/or while representing the City in an official capacity. Some employees, while working, are required to wear uniforms designated by their respective Department Directors. c. Department/Division uniform allocation information is available in ADDENDUM"F." d. If no Department/Division information is specified for employees who are required to wear uniforms, the following minimum allocation will be issued: i. Blue Collar: • (5) "Green" Shirts (short or long sleeved) • (5) "Green" Pants or shorts • (5) Dry-fit Shirts or (5) T-Shirts • (2) Hats • (1) Sweatshirt • (1) Jacket • (2) Overalls (Mechanics Only) ii. White Collar: • (5) Shirts • (3) Pants • (1) Hat(field/non-office employees) • (1) Jacket(field/non-office employees) 46.1.2 Issuance: Newly hired employees,who are required to wear a uniform, will be issued the appropriate uniforms after thirty(3 0)days of employment. Newly hired employees working in the Police Department's Communications Center will be issued the appropriate uniforms after one hundred twenty (120) days of employment. 46.1.3 Reissuance/Replacement: An employee may request for his/her uniform to be reissued upon providing the non-fitting, worn out, and/or damaged uniform to the Department representative. Reissuance of daily worn uniform items (excluding sweatshirts/jackets) is generally acceptable after one (1) year from date of issue. Reissuance of less frequently worn/more durable uniform items such as sweatshirts and jackets is generally acceptable after two (2) years from date of issue. Uniforms damaged SEW White Collar-10/01/2020-09/30/2023 71 Page 1264 of 1299 through the course of work may be requested for reissue at any time. The Department representative will verify that the uniform is no longer suitable for wear and will proceed with replacing it. If there is any disagreement between the employee and the Department representative regarding the reissuance of a uniform,the Department Director (or Designee) will make a final determination. a. An employee who has lost or damaged (outside of work) a uniform is required to immediately notify his/her Department Director via his/her Department representative and is responsible for replacing the lost uniform at his/her expense. 46.1.4 Cost: The City provides the required uniform at no charge to the employee; however, the Internal Revenue Service (IRS) considers uniforms provided to employees covered under this Agreement a "taxable benefit" Therefore,the City is required to treat the value of all issued uniforms as"imputed income"and deduct the applicable taxes. Example: If a uniform costs $20.00: $20.00 will be added in a special wages code so that the payroll system can calculate the corresponding tax amount and deduct that amount from the employee's paycheck. 46.1.5 Other Provisions: a. Employees who are issued uniforms must wear them while working. Employees are provided with a sufficient number of uniforms to make a neat and clean appearance at work each day. Employees are expected to report to work in the appropriate, clean, and well-maintained uniform. If an employee wishes to purchase additional uniforms, (s)he may do so, but (s)he is responsible for paying the full cost and all applicable tax. b. An employee, who is not wearing the proper uniform, including the proper safety shoes, if applicable, may be sent home without pay to change and is subject to further disciplinary action. c. Only City issued jackets and hats may be worn as part of a City uniform. d. Pant legs must be properly hemmed; no cutting, ripping, unfinished edges, rolling up,stapling,or taping is allowed. e. Employees in certain Job Classifications may be permitted to wear shorts at their Department Director's discretion. When worn, shorts must be neatly tailored and hemmed without SEW White Collar-10/01/2020-09/30/2023 72 Page 1265 of 1299 frayed edges or cuts and must fall within four(4)inches of the kneecap. f. Any article of clothing issued as part of a City uniform is for use only while working and representing the City in an official capacity. Uniforms may be worn while commuting to and from work. g. Employees are prohibited from purchasing or consuming alcohol while wearing a City-issued uniform. h. Employees are cautioned that they are representing the City while wearing their City uniform. An employee found to be engaging in activity or conduct unbecoming of a City employee while wearing a City uniform,whether the employee was on- duty or off duty at the time, is subject to discipline, including termination of employment. i. An employee who has a medical condition which prevents the employee from wearing the required uniform must immediately notify the Human Resources and Risk Management Department to request an accommodation. j. Employees are required to return all City-issued uniforms upon separation of employment. 46.2 ALLOWANCES: 46.2.1 Tool Allowance: Employees who work in the following Job Classifications: Fleet Mechanic and Fleet Mechanic,Sr.will receive an annualized allowance of one thousand dollars ($1,000.00) payable in the second paycheck following ratification for Year One and in the second paycheck in October for the subsequent years of this Agreement. Employees who are newly hired into one of these Job Classifications will receive a prorated allowance based on the number of months remaining in the fiscal year. 46.2.2 Shoe Allowance: a. Eligibility Blue Collar: All employees who are in the Blue Collar bargaining unit,with the exception of the following Job Classifications: Ocean Lifeguard and Ocean Lifeguard Lieutenant are eligible for a Shoe Allowance. SEW White Collar-10/01/2020-09/30/2023 73 Page 1266 of 1299 White Collar: Only employees who are in the following Job Classifications in the White Collar bargaining unit are eligible for a Shoe Allowance: • Business Compliance Officer • Inspector/Plans Examiner I - IV • Laboratory Technician • Laboratory Technician, Sr. • Service Writer • Utilities Field Inspector b. Allowance Employees who are in eligible positions pursuant to Section 46.2.2.a. will receive an annualized Shoe Allowance of one hundred fifty dollars ($150.00) payable on the second paycheck in February of each year of this Agreement. Employees who are newly hired after the Shoe Allowance has been paid will receive the current year's allowance pro-rated based on the number of months remaining in the fiscal year. 46.2.3 Sunglasses Allowance: Employees who work in the following Job Classifications: Ocean Lifeguard and Ocean Lifeguard Lieutenant will receive a Sunglasses Allowance of one hundred fifty dollars ($150.00) payable by the first paycheck in December each year of this Agreement. 46.2.4 Car Allowance: Bargaining Unit members in the Development Department who are regularly required to drive a City vehicle to conduct business will be assigned a City vehicle by the Department Director (or Designee). In lieu of providing a City vehicle to an employee, the Department Director may authorize a monthly car allowance in the amount of three hundred dollars ($300.00) when the Department Director deems it is more efficient for an employee to utilize his/her personal vehicle for City business. SEW White Collar-10/01/2020-09/30/2023 74 Page 1267 of 1299 ARTICLE 47 47.0 TUITION ASSISTANCE PROGRAM The City has a Tuition Assistance Reimbursement Program, which is made available to eligible City employees on a first come first serve basis, and is subject to annual appropriation and funding levels set by the City Commission. Program information is available from the Human Resources and Risk Management Department. SEW White Collar-10/01/2020-09/30/2023 75 Page 1268 of 1299 ARTICLE 48 48.0 BONUS HOURS AND BONUS INCREASES 48.1 BONUS HOURS 48.1.1 The City has established a safety and wellness program designed to minimize time lost on the job due to workplace injuries and illness and to help reinforce the City's desire to have a safe and wellness- conscious culture. 48.1.2 Employees are eligible to receive up to eight(8)bonus vacation hours per quarter by completing approved activities in the safety and wellness program. To access the Wellness Portal, go to: https:[/BoyntonBeach.FitThumb.com. 48.1.3 Bonus hours shall be counted as vacation leave and subject to the provision set forth for use of vacation. 48.2 BONUS INCREASES 48.2.1 In addition to any other monetary benefit, the City Manager is authorized to approve a bonus of up to five hundred dollars ($500.00) when such a bonus is substantiated and justified in writing by the Department Director (or Designee). This bonus will not affect the employee's pay grade and will be in compliance with Florida Statute. Funds for the bonus will be budgeted as a separate allowance and administered under the direct control of the City Manager. Employees are not automatically entitled to receive bonuses. This system allows for top performance to be recognized by the immediate supervisor and prompt rewards to be made at the discretion of the supervisor, provided the Department Director concurs. SEW White Collar-10/01/2020-09/30/2023 76 Page 1269 of 1299 ARTICLE 49 49.0 ARTICLES TO BE REOPENED DURING AGREEMENT TERM The following Articles will be reopened during the Agreement Term as follows: 49.4 Article 30 -Wages a. Year Two (October 1, 2021 - September 30, 2022): This Article will be reopened in May 2022. Year Three may also be reopened at this time. b. Year Three (October 1, 2022 - September 30, 2023): This Article will be reopened no later than July 1, 2023. SEW White Collar-10/01/2020-09/30/2023 77 Page 1270 of 1299 ARTICLE 50 50.0 DURATION 50.1 This Agreement and all monetary benefit adjustments provided herein shall be effective upon ratification by both parties and remain in full force and effect until September 30, 2023. Wage and benefit levels existing on September 30, 2023, shall be frozen as of that date and shall constitute the status quo during any period of negotiations for a successor Agreement. 50.2 During the negotiations and the impasse process, if any, the base wages of bargaining unit employees will be frozen at the levels in place at the time the City requests to reopen negotiations and no subsequent base wage increases will occur except as thereafter negotiated by the City and the Union,or,in the event the reopened negotiations do not result in a ratified Agreement, as imposed by the City Commission through the impasse process. SEW White Collar-10/01/2020-09/30/2023 78 Page 1271 of 1299 ADDENDUM"A" SHIFT BIDDING Police Department All SEIU Bargaining Unit Members within the Police Department will have an opportunity for shift bidding every six(6) months: • Shift bidding forms distributed in October/November for December 1st effective date • Shift bidding forms distributed in April/May for June 1st effective date Shift bidding is based on seniority within the division of the Police Department. Shifts will be determined based on the operational needs of the division. Management may designate the number of Class"A"employees[those with five(5)or more years of experience] and the number of Class "B" employees [those with less than five (5) years of experience] required to work on each shift. Additional Shift Bidding Protocol for Communications Dispatchers and Communications Specialists: • Communications Dispatchers and Communications Specialists will have a first (1st) through fourth (4th) choice rank to pick from the four available shifts. Failure to pick a shift by the due date will result in Management assigning the shift after all other timely shift bidding requests are considered. SEW White Collar-10/01/2020-09/30/2023 79 Page 1272 of 1299 ADDENDUM"B" OVERTIME ROTATION Police Department Police Records Division: "The Wheel" (1) An employee is eligible to accept an additional("overtime")shift if the employee will not exceed working more than sixteen (16) hours in a twenty-four (24) hour period. Additionally, an employee must also be in a non-trainee status in order to be eligible. (2) The Supervisor (or the off-going designated employee for 24 hour operations) is responsible for scheduling hours as a result of a call out. (3) The eligible off-going employees have the first opportunity to accept shift vacancy hours. This first opportunity is offered to off-going employees based on seniority: the employee's length of continuous service with the City, and it is not subject to"the wheel." Additionally, employee(s) who accept any shift vacancy hours based on this off-going opportunity do not have their place on"the wheel"impacted in any way. (4) The eligible incoming employees have the second opportunity to accept shift vacancy hours. This second opportunity is offered to incoming employees based on seniority: the employee's length of continuous service with the City, and it is not subject to"the wheel." Additionally,employees)who accept any shift vacancy hours based on this incoming opportunity do not have their place on"the wheel"impacted in any way. (5) If no eligible off-going or incoming employees accept the remaining shift vacancy hours,then the remaining hours are subject to"the wheel." (6) The next person on the"wheel,"if eligible,will be called and will have the opportunity to accept the shift hours or to pass. If an employee on the rotation is ineligible, (s)he will be marked"N/A"and the next employee in"wheel"order will be contacted. This process is followed until shift vacancy hours are filled. (7) An eligible employee who accepts the vacant shift hours is solely responsible for all of the shift hours (s)he accepted. The employee accepting responsibility for the shift hours may choose to defer hours to another employee based upon mutual agreement. It is understood that the employee who originally accepted the shift hours is ultimately responsible for those hours should the person to whom the hours were deferred fails to work them. (8) An employee who accepts the "deferred" shift hours through a mutual agreement does not lose his/her place on"the wheel." (9) In the event that no employees volunteer for the available shift hours,the Supervisor will be notified and will conduct an"order in"(mandated overtime)based on reverse seniority. (10) Management reserves the right to determine the length of a shift vacancy. Police Communications Division: Shifts that remain or become available after shift bidding are put on a Monthly Overtime List. Please note that although this bidding refers to"overtime"shifts,overtime is calculated based on the regular work week. This list is generally distributed during the second week of the month for shifts effective the following month. SEW White Collar-10/01/2020-09/30/2023 80 Page 1273 of 1299 Communications Dispatchers/Specialists select available shifts by seniority on a rotating basis during two rotations. • During the first rotation, Dispatchers/Specialists must select a minimum of twelve (12)hours and may select additional shift hours. • If hours remain available,the list will be circulated for a second rotation during which Dispatchers/Specialists may select additional shift hours. If hours remain available following the second rotation of the list,the hours remaining on the list may be open to Communications Supervisors or other qualified Police personnel. Remaining hours may also result in Mandatory Call Back that is, being mandated to work. (See Addendum"D" - Call Back- Communications Center) SEW White Collar-10/01/2020-09/30/2023 81 Page 1274 of 1299 ADDENDUM"C" STANDBY PAY Police Department(White Collar) White Collar bargaining unit members of the Police Department are required to provide at least one personal phone numbers where they can be reached to receive calls for service. Fire Department(White Collar) Fire and Life Safety Division FLS 1.14 On-Call (current information at time of ratification) Fire and Life Safety fire investigator personnel will be on-call for a one-week period starting 7:30 a.m. Monday morning and ending at 7:30 a.m.the following Monday. The one (1) week on-call assignments will be on a rotating basis based upon the number of personnel in rotation. When a new staff member is added into the rotation (s)he will be inserted after the last person was added into the rotation. The on-call Fire and Life Safety representative will be paid one (1) hour at one and one half times his/her base hourly rate for each day (s)he is on-call. Additionally, (s)he will be compensated for Call Back Pay pursuant to Article 31.2.1 and 31.2.2 of the respective Collective Bargaining Agreement. The on-call Fire and Life Safety representative shall be available by the City issued mobile phone at all times during his/her on-call assignment. An alternate phone number must also be provided for each on-call Fire and Life Safety representative. The first call will be made to the on-call Fire and Life Safety representative's City issued mobile phone. If the on-call Fire and Life Safety representative does not answer then a second call will be made to the alternate number the on-call Fire and Life Safety representative provided. The on-call Fire and Life Safety representative shall respond by returning the call to dispatch or operations immediately [within ten(10) minutes] if a call is "missed." If dispatch or operations is unable to contact,or has no response from,the on-call Fire and Life Safety representative,then the next Fire and Life Safety representative in the rotation will be called. Failure to be available to respond or failure to immediately respond to any "missed" call requires an explanation to the Fire Marshal and may subject the on-call Fire and Life Safety representative to discipline. Exchange of standby/on-call duty with another qualified Fire and Life Safety representative requires completion and submission of the appropriate forms as well as documented approval from the Fire Marshal. **See Sick Leave (FLS 1.05) and Vacation Leave and Other Time Off(FLS 1.07) policies as reference for situations with any time off during on-call status. **Reference: FLS 1.05 Sick Leave SEW White Collar-10/01/2020-09/30/2023 82 Page 1275 of 1299 Any employee that calls out sick during normal work hours while designated as the on-call Fire and Life Safety Investigator representative will forgo their on-call status, including all monies due, for the full twenty-four (24) hour shift until they return to full duty. The forfeited shift(s) will be covered by the next Fire and Life Safety Investigator representative per the On Call Calendar. The covering investigator will receive the on-call pay for the shift(s) (s)he covered. 'Reference: FLS 1.07 Vacation Leave and Other Time Off Any employee that requests vacation time or any other time off while designated as the on-call Fire and Life Safety Investigator representative will be required to forgo their on-call status,and the vacation time will not be approved until his/her shift has been covered, and this may also include forfeiting all monies due for the full twenty- four (24) hour shift until they return to duty. The covering investigator will receive the on-call pay for the shift(s) (s)he covered. SEW White Collar-10/01/2020-09/30/2023 83 Page 1276 of 1299 ADDENDUM"D" CALL BACK CALL BACK PAY A White Collar Bargaining Unit employee who is a member of the Police Department(except Communications) is eligible for Call Back Pay when (s)he is called back to work when (s)he is off duty or when the work time is not contiguous with his/her assigned shift. In the event of a Call Back,an employee will be compensated for his/her actual time worked,but not less than three (3) hours, at the rate of one and one half(1.5) times his/her hourly base rate of pay. No concurrent pay for Call Back Pay and Regular Hours pay is permitted. CALL BACK PAY- Communications Center All Communications Center White Collar bargaining unit members that are not working in a probationary status are subject to Call Back. Call Back is defined as any time an employee within the Communications Division of the Police Department is called into work when (s)he is off duty or when the work time is not contiguous with his/her assigned shift. During "critical staffing situations," defined as times when there are less than three (3) Communications Dispatchers/Specialists available and scheduled (not including the supervisor on duty) and after shifts have been posted and offered to all qualified police dispatchers,Mandatory Call Back goes into effect. Mandatory Call Back commences with the Communications Dispatcher/Specialist with the least seniority on a rotating basis until the shift reaches minimum staffing of three (3) Communications Dispatchers/Specialists. "Rotating basis" means that once a Dispatcher/Specialist has been mandated, (s)he cannot be mandated again until each qualified and available Dispatcher/Specialist has been mandated. Mandatory Call Back is a twelve (12)hour shift but can be broken into as few as four(4)hour increments to help cover the shift appropriately. Example: A vacant shift of Mandatory Call Back hours from 0600-1800 exists. (a) The shift can be broken down to have one Dispatcher/Specialist work from 0600-1200 and a second Dispatcher/Specialist work from 1200-1800. -OR- (b) A Dispatcher/Specialist that is already on duty with the least seniority can be mandated to work an additional four (4) hours and a second Dispatcher/Specialist can then be mandated to work the remaining eight(8) hour slot. -OR- (c) A Dispatcher/Specialist that is already on duty with the least seniority can be mandated to work an additional four (4) hours, and the second Dispatcher/Specialist can be mandated to work the middle four (4) SEW White Collar-10/01/2020-09/30/2023 84 Page 1277 of 1299 hour slot,and a third Dispatcher/Specialist can be mandated to work the last four (4)hour slot. When implementing Mandatory Call Back, the Supervisor (or designee) must contact the employee either in person or by phone by invoking the Mandatory Call Back(actually talking to the employee) or by invoking the Mandatory Call Back by leaving a message for the employee to phone back the Police Communications Center within sixty (60) minutes. Mandatory Call Back(PremiumPail A Dispatcher/Specialist who is called in and mandated to work on a day they are not already scheduled to work will receive premium pay, which is equivalent to three (3) hours at 1.5 times their hourly rate in addition to the hours they work on the mandated shift. If a Dispatcher/Specialist is mandated for Call Back and finds another Dispatcher/Specialist to work as a replacement for him/her, the originally mandated Dispatcher/Specialist is credited for the Mandatory Call Back,not the replacement Dispatcher/Specialist. Utilities (Blue Collar) CALL BACK See Memo dated August 13, 2018,effective September 17, 2018 (current information at time of ratification) Public Works- Facilities. Solid Waste. Parks,and Fleet Staff(Blue Collar) See Memorandum No. 19-032, effective November 1, 2019 (current information at time of ratification) SEW White Collar-10/01/2020-09/30/2023 85 Page 1278 of 1299 ADDENDUM"E" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all employees of the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling, testing, and strong specimens and reporting test results 2. "Confirmation Test,""confirmed test" or"confirmed drug test"is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen, which test procedure used to identify the presence of a specific drug or metabolite in a specimen,which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity,sensitivity,and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees,alcohol includes any intoxicating agent in beverage alcohol,ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines) A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test. SEW White Collar-1010112020-09/30/2023 86 Page 1279 of 1299 4. "Drug test"or"test"means any chemical,biological,or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. 5. "Employee"means an individual who works for salary,wages,or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling,and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary,wages, or other remuneration. 8. "Initial drug test" means a screening procedure of the blood and urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test. 10. "Medical Review Officer (MRO)" means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result. The MRO need not be an employee of the City. 11. "Mandatory-testing position/Safety-sensitive position" means with respect to a public employer,a job assignment that requires the employee to carry a firearm,work closely with an employee who carries a firearm,perform life-threatening procedures, work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations,work with controlled substances, or a job assignment that requires an employee security background check,pursuant to F.S. 110.112 7, or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 12. "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by F.S.893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments,or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things,such facts and inferences may be based upon: SEW White Collar-10/01/2020-09/30/2023 87 Page 1280 of 1299 a. Observable phenomena while at work,such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has caused,or contributed to,an accident while at work. f. Evidence that an employee has used,possessed,sold,solicited,or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle,machinery, or equipment. 14. "Special-Risk Position"means a position that is required to be filled by a person who is certified under Chapter 633, Fire Prevention and Control or Chapter 943. Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward"means that an employee comes forward to the Human Resources and Risk Management Department and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test,fitness for duty evaluation,or prior to being involved in an accident or sustaining an injury,which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system, in possession of, using, selling,trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties,will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s)that may have been caused by prescription drugs. SEW White Collar-1010112020-09/30/2023 88 Page 1281 of 1299 If, in the opinion of both supervisors, the employee is considered impaired, the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY 1. Prescription drugs prescribed by the employee's physician,who is licensed to practice medicine in the United States,may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the employee's job classification description so the physician is aware of the physical requirements of the position. 3. It is the responsibility of an employee who is in a "Mandatory-testing position/Safety-sensitive position" to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment. The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of his/her position while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. 5. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication,then the employee will be required to use his/her available leave time and/or FMLA leave, or unpaid leave if his/her leave time banks are SEW White Collar-10/01/2020-09/30/2023 89 Page 1282 of 1299 exhausted, until (s)he can return to work. If the employee reports to work, the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employ The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre-employment conditions are established: a) Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above-section,who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment. d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program (EAP) which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program,below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County: 561-278-0000 c) Palm Beach Al-Anon/AI-a-Teen Information : 561-882-0308 d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400 SEW White Collar-1010112020-09/30/2023 90 Page 1283 of 1299 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee who is "Stepping Forward" or seeking assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not have this action used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly, the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment, and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random,periodic basis,at least quarterly,and for at least two years thereafter as a condition of continued employment. These stipulations may be incorporated in a Last Chance Agreement. 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees'behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol,the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, SEW White Collar-1010112020-09/30/2023 91 Page 1284 of 1299 the Department Director and Director of Human Resources and Risk Management must be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if(s) he is under prescription or non-prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee, which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program, the employee will be subject to discipline, up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive, confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment,the City will test for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment: Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing, safety-sensitive, or special-risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. SEW White Collar-1010112020-09/30/2023 92 Page 1285 of 1299 3. Post-incident: Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident,which results in any of the following: (a) discernable property damage, (b) the employee receiving medical attention,or (c)the employee receiving a citation. 4. Random Testing: Employees are subject to random drug testing. Random selection for testing is done by an independent third party by a random computer generated list. Employees who are required to maintain a Commercial Driver's License (CDL) are subject to monthly random drug and alcohol testing in compliance with Federal Law. S. Fitness for duty: All employees who are subject to a routine fitness for duty medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2)years after their return to work. These stipulations may be codified in a Last Chance Agreement. A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers' compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9, who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive,confirmed drug or alcohol test. C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports,written or otherwise, received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent,signed by an employee or SEW White Collar-1010112020-09/30/2023 93 Page 1286 of 1299 job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test, is listed below in section I. Employees and job applicants should review this list prior to submitting to a drug test. F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department. H. Drugs to be Tested Drugs that will be tested are as follows: 1. Alcohol, including distilled spirits, wine, malt beverages and intoxicating liquors. 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13.A metabolite on any substance listed herein. A list of drugs by brand names or common names includes: SEIU White Collar-1010112020-09/30/2023 94 Page 1287 of 1299 Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine, Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine,horse,smack Hydromorphone Dilaudid Meperidine Demerol, Mepergan Methadone Dolophine, Methadone, Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet,Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan,Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil, Miltown, Noludar, Placidyl,Valmid NEW DRUGS - New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule,regulation or procedure. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products, this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine, Fastin. Cannabinoids: Marinol (Dronabinol,THC). Cocaine: Cocaine, HCI topical solution (Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan,Vicodin,Tussiorgani dine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin,Triad, etc. Benzodiazepine:Ativan,Azene, Clonopin, Dalmane, Diazepam, Librium,Xanax, Serax, Tanzene,Valium,Verstran, Halcion, Paxipam, Restoril, Centrax, etc. Methadone: Dolophone, Metadose, etc. Propoxyphene: Darvocet, Darvon N, Dolene,etc. SEW White Collar-10/01/2020-09/30/2023 95 Page 1288 of 1299 ANABOLIC JANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act(CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s) because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources and Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City,the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or, if the drug was administered due to a workplace injury, by filing a claim for benefits with a judge of compensation claims, pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must notify the Medical Review Officer (MRO). If anything in this policy is in conflict with a collective bargaining agreement, the collective bargaining agreement shall control. SEW White Collar-1010112020-09/30/2023 96 Page 1289 of 1299 ADDENDUM"F" UNIFORMS Recreation and Parks Department(Blue Collar) Policy#: 04-013 (current information at time of ratification) Ocean Lifeguard Uniforms 1. All first-year ocean lifeguards shall receive the following: 6 T-shirts (any combination of short or long sleeve) • 2 pairs of trunks • 2 female suits (females only) • 1 sweat suit • 1 raincoat • 1 wide brimmed hat • 1 winter j acket • 1 sunglass leash 2. Each year the following items will be replaced: • 6 T-shirts (any combination of short or long sleeve) • 2 pairs of trunks • 1 sunglass leash • 2 female suits (females only) 3. In addition to # 2 above, every two years the returning ocean lifeguard shall receive: • 1 sweat suit • 1 wide brimmed hat 4. Every five years ocean lifeguards shall receive: • 1 raincoat • 1 winter jacket 5. Documentation will be kept outlining what each lifeguard has received. Police Department Police Department employees covered by this Agreement will be issued uniforms pursuant to their Department policy. Crime Scene Technicians are eligible to receive a minimum of three (3) shirts,three (3) pants,and up to two (2) pairs of boots per contract year. Fire Department(White Collar) Fire Department employees covered by this Agreement will be issued uniforms and required footwear pursuant to their Department policy. SEW White Collar-10/01/2020-09/30/2023 97 Page 1290 of 1299 ADDENDUM"G POLICE COMMUNICATIONS CENTER INCENTIVES Employee Referral Incentive: Any active Police Communications bargaining unit member who formally referred a Communications Dispatcher applicant with at least three (3) years of qualified 911 dispatching experience that the City hires as a Dispatcher, who completes probation and subsequently remains employed for an additional 365 days, will receive a referral incentive payment, the amount of which will be communicated by the Director of Human Resources and Risk Management upon ratification and on October 1st of each year remaining year of this Agreement. This provision expires on September 30,2023;however,any qualifying referrals made through September 30, 2023 are eligible to be paid. Specialist Group Training Incentive: For each newly hired full-time Communications Dispatcher who completes probation and subsequently remains employed for an additional three hundred sixty-five (365) days, each actively employed Communications Specialist will receive a $500.00 Group Training Incentive. This provision expires on September 30, 2023 and no payments will be made beyond this date. SEW White Collar-10/01/2020-09/30/2023 98 Page 1291 of 1299 SIGNATURE PAGE SEIU White Collar Unit Agreed to this 17th day of November 2020 by and between the respective Parties through the authorized representatives of the Union and the City. SEIU Florida Public Services Union, City of Boynton Beach,Florida CTW,CL Confirmed by: b Alphonso Mayfield Lori LaVerriere President City Manager Approved as to Form: James Cherof City Attorney Attest: ................. Steven B.Grant Mayor Crystal Gibson City Clerk SEW White Collar-1010112020-09/30/2023 99 Page 1292 of 1299 13.A. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: City Manager's Annual Performance Review- December 1, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1293 of 1299 13.B. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: ILA for Women's Club transfer to the City - December 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1294 of 1299 13.C. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Mayor Grant requested information on the water quality of canal systems within the City. - January 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1295 of 1299 13.D. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 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 APPLICATION: Is this a grant? Grant Amount: Page 1296 of 1299 13.E. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1297 of 1299 13.F. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: ILA for Sara Sims Park Pavilion Improvements- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1298 of 1299 13.G. FUTURE AGENDA ITEMS 11/17/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/17/2020 Requested Action by Commission: Discussion of LOI process for sale of city land - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 1299 of 1299