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Agenda 08-17-21The City of Boynton Beach City Commission Agenda Tuesday, August 17, 20211 4:00 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) 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. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 574 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. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on August 17, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 574 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 574 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Closed -Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Commission will hold a closed -door session on Tuesday, August 17, 2021 beginning at 4:00 p.m. to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant - Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 90 minutes will be needed. I nvocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Grant Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Proposed Resolution No. R21-100- Reaffirming the City of Boynton Beach's support of Company D, 2nd Battalion, 327th Infantry Regiment of the 101st Airborne Division Air Assault, a.k.a. "DELTA DEMONS". 1SGT Dustin Bell will attend our meeting virtually so we may introduce him and his unit to the City Commission and formally welcome them back to Boynton Beach! B. Recognition of Jeff and Chris Hardin with Straticon Construction for the adaptive reuse and renovation of the Boynton Beach Arts & Cultural Center. C. The City Commission Meeting originally scheduled for Tuesday, September 7, 2021 will be held on Wednesday, September 8, 2021 at 5:30 p.m. Budget Hearings to adopt the FY 2021/22 Budget Hearings will be held during the City Commission Meetings on Wednesday, September 8, 2021 at 5:30 p.m. and Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. D. Announcement by Chelsea Sanabia, Marketing & Events Coordinator, regarding the 2021 "1 Have a Dream" event. 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 Page 4 of 574 before the City Commission) 5. Administrative A. Approve the request of Vice Mayor Hay to distribute $1,450.00 of his Community Support Funds to the Boynton Beach Bulldogs football team. B. Appointment of 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 one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 17, 2021 - "Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of July 2021. C. Proposed Resolution No. R21-101 - Approve and authorize City Manager to sign an agreement with Track Star International, Inc. for the purchase of Track Star AVLS Shared Hosted Services and GPS Devices for the Police Department via sole source purchase in the amount of $43,045. D. Proposed Resolution No. R21-102 - Approve and authorize the City Manager to sign a Master Services Purchase Agreement with AXON Enterprise, Inc., for the purchase of equipment and services for the Axon Interview software system in the amount of $70,851.39 which will be broken down into two phases. Phase 1: $32,731.00 Phase 2: $38,120.39 E. Proposed Resolution No. R21-103 - Approve and authorize the City Manager to sign an Interlocal Agreement for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for its purchase of Twenty six (26) Microsoft Surface Tablets. F. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for Utility and Residential Solid Waste by $92,545.58. This amount consists of unpaid utility and solid waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections from FY 17/18 and FY 18/19. G. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for Solid Waste Roll -offs and Commercial accounts by $44,687.03. The amount includes unpaid roll -off, special pickups, and compactors that have been in collections from FY 15/16 and FY 16/17. H. Approve Award of Bid No. 089-2821-21 for "Discrete Analyzer and Maintenance" to Seal Analytical Inc. as the lowest responsive and responsible bidder in the amount of $35,760.00. Approve Amendment No. 1 to Task Order UT -2A-02 with Jacobs (formerly CH2M Hill Engineers) in the amount of $44,676 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by City Commission on September 7, 2018 for additional tasks associated with Pilot Testing and Improvements to Pre -Treatment and NF Membrane Skids at the West Water Treatment Plant. Approve a change to Task Order UT -11E-03 with Gentile Glas Holloway O'Mahoney and Associates, Inc. in the amount of $144,374.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to design a pedestrian crossing of Federal Highway from the Senior Center to the Historic Woman's Club of Boynton Beach (HWCBB) and to design the Senior Center parking lot. Page 5 of 574 K. Approve Task Order UT -2E-05 with Alexis Knight Architects in the amount of $58,423 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to prepare design drawings for landscaping, roadway, and lighting improvements on West Ocean Avenue from NW 3rd Street to S. Seacrest Boulevard. L Approve minutes from the City Commission Budget Workshop on July 13, 2021 and the City Commission meeting on August 3, 2021. 7. Consent Bids And Purchases Over $100,000 A. Approve award of Annual Supply of Pipe Fittings and Accessories Bid # 084-1412-21 to all three (3) of the following companies; Core and Main, Ferguson Enterprises and Fortiline Inc. with an estimated annual expenditure of $220,000. B. Approve utilizing City of Boca Raton, Florida Bid No. 2021-014 with Waterfield Florida Staffing, LLC d/b/a Staffing Connection for School Crossing Guard Service, and issuing a Purchase Order for an estimated annual cost of $368,064. The City of Boca Raton's procurement process satisfied the City's competitive bid requirements. C. Approve utilizing the Palm Beach County, FL Term Contract # 21044 with Sulphuric Acid Trading Company, Inc, (SATCO) of Tampa FL for the purchase of sulfuric acid for a total estimated expenditure of $325,000.00. The Palm Beach County contract satisfies the City's purchasing requirements. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-024 - Second Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. 9. City Manager's Report A. Consider use of ARPA funds (up to $500,000) for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing Authority. Further, consider adoption of an I LA with the BBCRA to provide this funding to assist with the acquisition of said properties. B. Discuss activation of the Historic Woman's Club of Boynton Beach. 10. Unfinished Business A. Monthly update on the Town Square Project by J KM Developers attached. B. Receive update and status of funding efforts by Lutheran Services of Florida (Head Start) to relocate from the existing location at 909 NE 3rd Street and discuss terms for purchase and sale agreement and new lease agreement. C. Discussion only of draft Ordinance No. 21-020 - Discussion of Ordinance creating Monument Policy for the City. (Tabled from the June 15, 2021 City Commission Meeting) 11. New Business A. Per Mayor Grant's request, staff has prepared some preliminary information for a discussion by City Commission on timeline, Commission Workshop and issuing of a Parks and Recreation bond referendum for the March 2022 election. Page 6 of 574 12. Legal - None 13. Future Agenda Items A. Select University to conduct Redistricting Study per Charter requirements after each Census - September 8, 2021. B. Approve and authorize an amendment to Franchise Agreement with FLSC, LLC., for the textile recycling program and designate a procedure for use of revenues generated from said contract. - September 8, 2021 C. Staff will present the Communication and Outreach plans for the ARPA funding - September 8, 2021 D. The Building Department will present it's Outreach Forum Series and Video Initiatives - September 8, 2021 E. Presentation by Boynton Beach Rugby, Inc. - September 21, 2021 F. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - October, 2021 G. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD 14. Adjournment Notice If a person 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 of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the 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 of the 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 of the City Clerk Page 7 of 574 1.A. Opening Items 8/17/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Closed -Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Commission will hold a closed -door session on Tuesday, August 17, 2021 beginning at 4:00 p.m. to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant - Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 90 minutes will be needed. Invocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Grant Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 8 of 574 Is this a grant? Grant Amount: Attachments: Page 9 of 574 Requested Action by Commission: Informational items by the 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: Attachments: 2.A. Other 8/17/2021 Page 10 of 574 i1M Requested Action by Commission: Proposed Resolution No. R21-100 - Reaffirming the City of Boynton Beach's support of Company D, 2nd Battalion, 327th Infantry Regiment of the 101st Airborne Division Air Assault, a.k.a. "DELTA DEMONS". 1SGT Dustin Bell will attend our meeting virtually so we may introduce him and his unit to the City Commission and formally welcome them back to Boynton Beach! Explanation of Request: The City's partnership with Company D, 2nd Battalion, 327th I nfantry Regiment of the 101st Airborne Division Air Assault (Delta Demons) was originally formalized by Resolution in 1991, reaffirmed in 2003 and is once again being reestablished. The 2nd Battalion, 327th I nfantry Regiment of the 101St Airborne Division (Air Assault) deploys within 36 hours worldwide as part of a joint multinational or unilateral task force to destroy enemy forces or seize and retain terrain, to control land, people, and resources. They are based out of Ft. Campbell, Kentucky, and are composed of a battalion headquarters and the headquarters company known as HHC Wolverines. There are also four infantry companies known as the Alpha Gators, the Bravo Bayonets, the Charlie Cougars and the Delta Demons. Their motto is "NO SLACK" and the Delta Demons are the battalion's anti-tank company. The City has adopted the Delta Demons through the national nonprofit organization "America Supporting Americans" (ASA). The objective of the ASA is to establish an "Adoption" program for every branch of the United States Armed Services by an American City. The purpose of the program is to bond Americans with the men and women who bravely serve their country. The City Manager's Office recently met with First Sgt. Dustin Bell and Sgt. First Class Matt Huck to discuss ideas for partnership and support for both the Demon Company and the City. Several unit members (4-5) will be coming to Boynton Beach on September 10-13, 2021 for a series of activities including: • Welcome Reception/Meet & Greet with City Commissioners, City staff and our Veteran's Task -force on Friday morning 9/10/21 • Tour of City facilities on Friday, 9/10/21 • Program at Boynton Beach High School with ROTC - Friday, 9/10/21 • Participation in our 9-11 Remembrance Ceremony at our Tom Kaiser Veteran's Memorial Park on Saturday, 9/11/21 • Lunch at Mission BBQ following the remembrance ceremony, 9/11/21 • Beach cleanup on Sunday, 9/12/21 at Oceanfront Park • Debrief with City staff on Monday morning 9/13/21 and the unit returns to Ft. Campbell, KY. Once finalized, a detailed schedule will be provided. Additionally, a letter of support, signed by Mayor Grant, will be provided to the Delta Company. Page 11 of 574 How will this affect city programs or services? The program is designed to provide support in the form of partnership for both the City and the Delta Company. Fiscal Impact: Funds will be raised via donations, events and special programs. America Supporting Americans (ASA) will donate $1000 to the program. Alternatives: Do not adopt Resolution Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D RE)SO�� LA ti 0 111 D RE)SO�� LA ti 0 111 D AddE)indUlirn D AddE)indUlirn Description RE)SOkAUOIII ir'Esaffiirirniing SLApport for thE�,DE�flta �D E) ryr.) ins RE)SOkAUOIII INoa IR03 033 ASA Agir'E�IENrTIENI'lt RE�' adoptiing thE) is E): is ENrTK.xn Coirnpainy I E)ttENr Of SLApport forDE�fltaDE)irnoins Page 12 of 574 I RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 REAFFIRMING THE CITY OF BOYNTON BEACH'S SUPPORT OF 5 COMPANY D, 2ND BATTALION, 327TH INFANTRY REGIMENT OF 6 THE 101ST AIRBORNE DIVISION AIR ASSAULT, A.K.A. "DELTA 7 DEMONS", AND AN EFFECTIVE DATE. 8 9 WHEREAS, America Supporting Americans (ASA) began its work in 1967 when 10 Sergeant Joe Artavia wrote his big sister from Vietnam asking her to do something to 11 help raise the morale of his unit, and 12 WHEREAS, believing that a strong, supportive connection between young men 13 and women of our armed forces and the civilian communities they are ready and willing 14 to serve is crucial to morale, ASA has committed itself to building and strengthening 15 this link; and 16 WHEREAS, the centerpiece of ASA's work is the Adopt -A -Unit Program which 17 facilitates the adoption of many units by towns and cities across the country; and 18 WHEREAS, by coordinating with both civic and community groups, ASA facilitates 19 "adoptions" between towns, cities, or counties and individual military units throughout 20 the country and works with all branches of the armed forces, including the National 21 Guard, establishing adoptions between communities and units that have no previous 22 connection with each other; and 23 WHEREAS, in some cases, a city is already "home" to a particular unit, and the 24 municipality and unit may want to solidify this relationship in unique, personally 25 meaningful ways; and 26 WHEREAS, The City's partnership with Company D, 2nd Battalion, 327th Infantry 27 Regiment of the 101st Airborne Division Air Assault (Delta Demons), based in Fort Campbell, 28 Kentucky, was originally formalized by Resolution in 1991, reaffirmed in 2003 and is once again 29 being reestablished. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA THAT: 1 S:ACA\RESO\Reaffirming Support For Delta Demons - Reso.Docx Page 13 of 574 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. The City Commission hereby reaffirms the City of Boynton Beach's support of Company D, 2nd Battalion, 327th Infantry Regiment of the 101st Airborne Division Air Assault, a.k.a. "DELTA DEMONS". Section 3. This Resolution shall become effective on passage. PASSED AND ADOPTED this 17th day of August, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Reaffirming Support For Delta Demons - Reso.Docx 2 VOTE YES NO Page 14 of 574 RESOLUTION R03- 033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING THE CITY OF BOYNTON BEACH'S SUPPORT OF THE 101sT AIRBORNE DIVISION (AIR ASSAULT) AND REDISTRICTING COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the "America Supporting Americans" program was created on March 4, 1968, to provide a mechanism whereby all branches of the United States Armed Services would be "adopted" by an American city; and WHEREAS, the purpose of the adoption program is to bond Americans with the men and women who bravely serve their country; and WHEREAS, there are currently cities in 9 states that have adopted over 60 active units of all branches of the service; and WHEREAS, by Resolution R91-21, dated February 5, 1991, the City of Boynton Beach "adopted" D Company 2/327 Inf, 101St ABN. DIV. (AASLT) ; and WHEREAS, in recognition of the challenges which lie ahead, it is appropriate and fitting that the City of Boynton Beach reaffirm its adoption and support of the 101St Airborne Division (Air Assault); NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the municipality of Boynton Beach, by and through its City Commission, does reaffirm Resolution No. R91-21, and offers its on-going respect and support for D Company 2/327 Inf., 101St ABN. DIV. (AASLT) 101St Airborne. SACAIRESMLegislative Actions\Reaffinn Support - 101st Airbome.doc Page 15 of 574 Section 3. The City Commission of the City of Boynton Beach hereby directs that a certified copy of this Resolution be sent to the Florida League of Cities urging participation in this purposeful cause. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 18 day of February, 2003. CITY BO T N ACH, (FLORIDA ayor Vi _.. Commissioner ATTEST: &�,t C*lerk INCORPORATED Z 1920 SACA\RESO\Legislative Actions\Reaffirm Support - 101st Airbome.doc Page 16 of 574 1 RESOLUTION NO. R91-,�/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,ADOPTING A COMPANY OF THE UNITED STATES ARMED SERVICES; i PROVIDING AN EFFECTIVE DATE. WHEREAS, our Amercian forces are now engaged in combat in the Persian Gulf region defending and supporting American interest and principles. WHEREAS, "America Supporting Americans" was created to establish an "adoption" program for every branch (and their units) of the United States Armed Services by an American city; and WHEREAS, the purpose of °America Supporting Americans" is a bridge connecting every American that shares at least one common goal -- putting moral support for the men and women in the armed forcell into action; and WHEREAS, mutual love and dedication have contributed greatly to the on-going success of this program and has become theI driving force which links us together. NOW, THEREFORE BE IT RESOLVED by the Mayor and, City Commission of the City of Boynton Beach, Florida that: Section I. The City of Boynton Beach, Florida hereby adopts 0 Company 2/327 Inf., 101st ABN. DIV. (AASLT), Desert Storm, APO, New York 09782. Section 2. The City of Boynton Beach hereby urges all community businesses, service clubs, schools and private citizensi to become involved and support our men and women in the armed services. Section 3. A copy of this resolution shall bei forwarded to the Florida League of Cities urging 9 9 participation in this purposeful cause. PASSED AND ADOPTED this day of February;, 1991. Pdge 17 of 574 I ATTEST: 472YC: lerk SCOrpomte Seal) CI OF TON BEACH, FLORIDA S mayo r o1r 4oissioner Co i s s i one r ��-t--•— Uommissiorw -7 Page 18 of 574 ASA = America Supporting Americans Page 1 of 4 ASS' / G Home About Us Contact -ASA }'� S UP P { . Direction About ASA 7 I _ - Cities ASA VM%• Goals -NO e Mission ..loin ASA United 1*71 A � R . The_Program .Adopt A Unit � ! � � t4 � .Request _City .Sound Off Support MISSION .M PSA .Miltary Buddies America Supporting Americans, or ASA, is a non-profit 501(()(3) organiz; The Veteran was founded in 1968. It's mission is to link American military units base( Net U.S. soil or deployed world-wide with American communities who want tc _ their support. During times of peace, our connection strengthens moral .Give Thanks between the civilian sector and the men and women serving their nation ..A__me_rica uniform. During times of war, such as the present war with terrorism, AE facilitates public expression of support for the nation's military. ASA crew Government sail filled by the emotional wind from millions of Americans, and backed ( the personal connections between units and communities. This sail carrie Firs_tG_o_v members of the American military with personally felt assurance of suppc EPA from the American people as they perform their often -dangerous duties. FAA FEMA Who are these guys? We are Americans supporting Americans, nothin( Justice_ Dept more, nothing less. We stand united as a body of diverse peoples with a _State Dept common bond; we love our country and support the men and women why Treasury Dept themselves in harms way to protect her. We do not support or oppose White House governmental policies. We provide morale support to American servicem servicewomen by advising and assisting communities that choose to adoK military troop units and ships." Military ____..__....------- ._..__._._--- _._------- .__..___.__ DefenseL_INK Arm Navy Air Force Marines A DIRECTION FOR THIS CAMPAIGN REGARDING THE COMMITMEN Coast Guard SUPPORTS THE CITIES ARE EXPECTED TO EXTEND (E-MAIL, DISCUSSION GROUPS, ETC.) Reserves National Guard_ Once a city adopts a unit by passing a resolution its council seeks memb( within its own community, civic or business leaders to form an action You Can Help committee enlisting the participation to support their unit. This citizens Civil Air Patrol committee acts as a liaison between its community and adopted unit. Liberty Unites Periodically the Committee reports to ASA. A city should communicate v FBI unit through e-mail or regular mail. Promoting morale support among itE Most Wanted citizens, businesses, church groups, government employees, i.e. police al Red Cross departments, public and private schools. Displaying its pride in the unit adopted through visual photos, posters, signs or banners providing public Salvation Army awareness. Periodic support from its own local media, newspaper or TV i http://asa.theveteran.net/MissionStatement.html P3W1' 4 9 574 ASA = America Supporting Americans Transcripts Defense Dept State Dept White House Page 2 of 4 keeping the citizens aware of its own adopted unit by printing positive an active support whenever possible. Exchanging community support progra and promoting new ideas through ASA website. THE PROGRAM AS IT STANDS TODAY. ASA contacts military units explaining its support program. Units desiring become a part of the program request a city to adopt them. ASA seeks c interested in the Adopt -a -unit program, providing them with an informati packet. ASA provides morale supporting guidelines to the cities and request to th to pass a formal resolution supporting a designated unit. Cities forward of said resolution to the commander stating their support. Through the c proclaimed resolution the city urges all community businesses, service cli schools and private citizens to become involved and support their adopte, and women in the armed services. The city forwards a copy of the resolut all cities in the Tri -County League of Cities urging participation in this purposeful cause. ASA answers the call from adopted units' family suppi programs whenever possible. ASA always recognizes and honors those adopted sons and daughters who make the supreme sacrifice for their Co Some cities are more active than others it depends on how dedicated the citizens committee that ASA suggest for each City to set-up becomes. Al depends on how the contact within the unit itself deems the relevance of community support applies to its people. Commanders are somewhat Til, citizens committee, some more dedicated than others, the majority recog the need for it people and extremely helpful in coordinating with the community. ANTICIPATED ACTIVITY AND SUPPORT PROGRAMS Cities participating in ASA's Adopt-a-Unit/Ship Program are required to: . Pass a formal Resolution (example provided by ASA by participating cities) . Copy of Resolution sent to Unit's point of contact Present Unit/Ship with symbolic key to the city (gesture of morale support) • City Mayor/council appoint liaison committee from within its own community Liaison Committee seeks community support from schools, civic groups, businesses, chamber of commerce, senior citizei organizations, government agencies, Fire Department, local http://asa.theveteran.net/MissionStatement.html PAC�'20 � 574 ASA = America Supporting Americans Page 3 of 4 Police Department and local media Liaison Committee to periodically keep ASA informed of their community's activities and willing to share their supportive programs with other cities across the nation through ASA SUGGESTED PROJECTS AND ACTIVITIES: • Liaison Committee sets up a communication station for messages of support via e-mail, video or postal • Specific projects, posting pictures, commendations, written material from unit in community stores, libraries, schools, cit, hall • Sending packages of magazines, local newspapers, sports related material, writing paper, community event pictures, newsletters related to interesting facts about their adopted town • Community athletic coaches may choose to adopt name of unit and record games for unit • During national celebrated holidays to send cards and/or small inexpensive gives as a token of appreciation to their unit - community fundraisers to pay for gift ASA'S GOALS ASA's future plans include a national campaign that will allow it to its "Adopt-A-Unit/Ship" program. ASA will enlarge its operations significantly to address the nationally need for a link between militz units and local civilian communities. ASA intends to add substance to this community -unit relationship t having the unit provide tutoring and other critical educational need children as well as companionship for the elderly and veterans, all c volunteer basis. The City of San Clemente, California and 2d Battali 4th Marine Regiment has already put examples of this developed relationship into action. Additionally, civilian communities that are participating in this program have provided various morale-buildinc activities to include: letter writing town fairs/picnics and welcome r parades. The overriding goal is to set an environment where civilian and military community strengthen our common bon, sense of pride in America. ASA also plans to expand its operations so as to provide a link betv http://asa.theveteran.net/MissionStatement.html P4WAY 574 ASA = America Supporting Americans Page 4 of 4 service members leaving the military and potential civilian employe The goal is to connect departing service members with potential employment opportunities in either the regions these service memt call home or on a national basis. MORE ABOUT ASA ON THE NET Where dol begin? War -Stories Birth of ASA, the Screaming Eagles San Mateo adopts the 101st Airborne Division about . adopt a unit . contact . home .loin ASA united . participating cities . sound off . @2001-2002__... , ..... c http://asa.theveteran.net/MissionStatement.html P2ckyj�19%� 574 1 Id •� ( IN f Congratulations on your community's decision to reaffirm your adoption of a unit through the ASA program! We are delighted you have chosen to reactivate your membership the ASA adoptive family. Of course, we believe you could not have found a more wonderful way to support the men and women of our armed services, and we expect you will find it just as rewarding to your community as it will be to the members of the unit, ship, or squadron you have adopted. In order to finalize this process, we ask that you fill out, sign, and return this form to the following address: Linda Patterson America Supporting Americans 44976 Saint Helena Court Indian Wells, CA 92210 If you have any questions, please direct them to Linda Patterson, President Et Founder, at (310) 463-9634. Linda's email address is artavia 10 1 Ca)earth link. net. Thank voul It is hereby agreed that (city/state): the City of Boynton Beach is reaffirming its adoption of the following unit, D Co 2-237 Delta Demon Company, through the AMERICA SUPPORTING AMERICANS (ASA) Adopt -a -Unit Program. It is further agreed that our community will regularly engage in activities designed to support this unit. We have chosen a primary and secondary contact person for this program. We understand that at least one of these people must be a city employee who can receive information, mailings, phone calls, and email through city hall, or a comparable official administrative location for our community. The primary contact person in our community for this program will be: Name: Lori LaVerriere Address: 100 East Ocean Avenue City: Boynton Beach State: FL Zip: 33435 Phone: (561) 742-6010 Email: LaVerriereL@bbfl.us X_ This person is a city employee whose contact information, as listed above, corresponds to an administrative office for our municipal government. Our secondary contact person will be: Name: Can Address: 100 East Ocean City: Boynton Beach State: FL Zip: 33435 Phone: (561) 742-6013 Email: WallsC@bbfl.us X This person is a city employee whose contact information, as listed above, corresponds to an administrative office for our municipal government. The name(s) of our local newspaper(s) is (are) _Palm Beach Post, Coastal Star, Sun Sentinel. Local News Stations- WPBF25, WPTV5, WPEC12, and WFLX29 The name(s) of our local radio stations(s) is (are) We agree to remain in contact with ASA, providing ASA with any changes in the above information, and returning to ASA the Adoption Update Forms which will be sent to us by ASA on a semi-annual basis. ASA may include the name of our community in the list of adoptive communities on the ASA website. In promoting or publicizing this adoption or adoption related activities, through whatever media, we will, if possible, include the fact that we adopted this unit through AMERICA SUPPORTING AMERICANS. We also agree that at least one of the two contact people for this adoption will always be a city employee who can be reached as described in the printed paragraph above. Signed: Printed name: Mayor Steven B. Grant, Esq. Mayor (or comparable civic official) Date: Accepted: For AMERICA SUPPORTING AMERICANS Page 23 of 574 The City of Boynton Beach August 17, 2021 OFFICE OF THE CITY COMMISSION Mayor Steven B. Grant 100 East Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6010 1 (F): 561-742-6011 www.boynton-beach.org Commander Andrew DeSplinter D Co 2-327 IN Attn: Commander Building 3767 Tennessee Avenue Fort Campbell, KY 42223 Dear Commander DeSplinter: On behalf of the City of Boynton Beach and my fellow Commissioners, I would like to take this opportunity to inform you that we recently passed a resolution reaffirming our "adoption of your unit" for morale support through the national nonprofit organization called America Supporting Americans (ASA). America Supporting Americans was officially formed during the Gulf War in 1991 with its primary mission in linking active military units with cities for morale support. They successfully accomplished 60 units within 8 States during that time and continued their support activities during Somalia, Haiti and early Bosnia crisis. ASA reactivated its support program on September 11th. More detailed information about ASA can be viewed on their website: littLis://www.asa usa.or ,,/. Our City is anxious to get started with this program. If you are able to provide any additional information such as unit history or photos it would surely be welcomed. Please forward information to the City Manager's Office to the attention of Lori LaVerriere and Candace Walls at the address listed above. As Mayor of this community, I wish to convey to you and all members of our "Adopted" unit how extremely proud we are of each of you and wherever our Country sends you in defense of our great nation or peacekeeping mission, know that we are committed to do whatever we can to maintain our support for all of you. Sincerely, Steven B. Grant, Esq. Mayor cc: America Supporting Americans America's Gateway to the Gulfstream Page 24 of 574 Requested Action by Commission: Recognition of Jeff and Chris Hardin with Straticon Construction for the adaptive reuse and renovation of the Boynton Beach Arts & Cultural Center. 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: Attachments: Page 25 of 574 Requested Action by Commission: The City Commission Meeting originally scheduled for Tuesday, September 7, 2021 will be held on Wednesday, September 8, 2021 at 5:30 p.m. Budget Hearings to adopt the FY 2021/22 Budget Hearings will be held during the City Commission Meetings on Wednesday, September 8, 2021 at 5:30 p.m. and Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. 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: Attachments: Page 26 of 574 NIXIII Announcements, Community and Special Events and Presentations 8/17/2021 Requested Action by Commission: Announcement by Chelsea Sanabia, Marketing & Events Coordinator, regarding the 2021 "1 Have a Dream" event. Explanation of Request: In December of 2020, due to Covid-19, the MILK Committee postponed the City's annual outdoor Reverend Dr. Martin Luther King Jr. Celebration, traditionally held on MILK Day at Sara Sims Park. The Committee discussed and created a new event to mark the anniversary of Reverend Dr. Martin Luther King, J r.'s "I Have a Dream" speech. The "I Have a Dream" event will be held on Saturday, August 28, 2021 from 12:00 p.m. to 4:00 p.m. at Centennial Park and Amphitheater (120 E. Ocean Avenue) in Downtown Boynton. A highlight of this year's event is an MILK Student Showcase that includes creative art expression of UMOJA. The artwork will be displayed at the Arts & Cultural Center. The "I Have a Dream" Event will also include live music and performances, children's activities, food vendors, historic presentations, Johnson & Johnson Covid-19 vaccines, and more! We invite everyone to attend this free community event. Complimentary parking is available within Town Square at the parking lots east of the Schoolhouse Children's Museum and at the corner of Boynton Beach Boulevard and Seacrest Boulevard. Accessible parking is available. In addition, free transportation will be provided from Sara Sims Park. East Ocean Avenue and 1St Avenue will be closed. We want to thank all of the community members who have served on the MILK Committee for the past nine months. On the day of the event, dozens of volunteers will be needed. Please visit Boynton-Beach.org/dream for more information and/or to volunteer. How will this affect city programs or services? Support services for the MILK Celebration will be provided by City Departments such as Recreation, Public Works, Utilities, Development, Finance, Public Art, Fire and Police. Fiscal Impact: The Reverend Dr. Martin Luther King, Jr. Celebration is budgeted in the Special Events FY 20/21 annual budget. Alternatives: Do not allow announcement. Strategic Plan: Boynton Beach Branding Strategic Plan Application: The "I Have a Dream" Event will honor the legacy of Reverend Dr. Martin Page 27 of 574 Luther King, Jr. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 28 of 574 5.A. Administrative 8/17/2021 Requested Action by Commission: Approve the request of Vice Mayor Hay to distribute $1,450.00 of his Community Support Funds to the Boynton Beach Bulldogs football team. Explanation of Request: Vice Mayor Hay requests to distribute $1,450.00 of his Community Support Funds to the Boynton Beach Bulldogs football team to support their activities. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the Fiscal Year 2020/2021 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttaclhtirTIENI'lt CSI::::IREs,gL E)St Il:::::oirirn Page 29 of 574 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Cleric) Date of Request: 8/17/2021 Requested by Mayor/Commissioner: Vice Mayor Hay Amount Requested $1,450.00 Recipient/Payee: Boynton Beach Bulldogs Description of project, program, or activity to be funded: Activities related to the Boynton Beach Bulldogs football team. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $1,450.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested s f Dated �� ' �, ��" m..�,w„ ��By: tit"Clerk Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit. The recipient/payee provides services within the City. The public purpose is beneficial to the entire community served by such donation. Dated: �.: By - n A V r If Requesting Member ° e --Cif' °° fission Page 30 of 574 5.B. Administrative 8/17/2021 Requested Action by Commission: Appointment of 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 term openings and 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 term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttacftrTIENI'lt ppoiir:tirTIE)i is air:d Appicaints for 08... 17 2021 ttacftrTIENI'lt NE)a:>Cair:, II.....oindoin Page 31 of 574 Appointments and Applicants for August 17, 2021 Affordable Housing Advisory Committee Mayor Grant Residential home building 3 yr term Vice Mayor Hay Banking/mortgage industry 3 yr term I Katz Affordable home building 3 yr term III Romelus Advocate for low-income persons 3 yr term IV Penserga For-profit provider of affordable housing 3 yr term Mayor Grant Not-for-profit provider of affordable housing 3 yr term Vice Mayor Hay Real estate professional 3 yr term I Katz Serving on the local planning agency 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach IV Penserga Represents essential services personnel 3 yr term Applicant: London Nelson — Real estate professional Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non -Voting) Applicants: None Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None Library Board Vice Mayor Hay Alt 1 yr term to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\426FDE8A-3514-4296-B481-989188C48C2E\Boynton Beach. 27859.1.Appointments_for_08-17- 21.docx Page 32 of 574 Recreation and Parks I Katz Reg 2 yr term to 3/22 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\426FDE8A-3514-4296-B481-989188C48C2E\Boynton Beach. 27859.1.Appointments_for_08-17- 21.docx Page 33 of 574 Stanzione, Tammy From: |ondon<nnreply@123fonnbui|dedo/ Sent: Tuesday, August 1[\2O21 1:06 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Nelson,Lonclon-Resurne—docx Today's date 08/10/2021 Name London Nelson Phone number 404-974-7826 Address 18l1Renaissance Commons Blvd #26U6 Boynton Beach FL334Z6 United States Email london@londonvnelson.com Current occupation or, K Realtor retired, prior occupation Education MBA Are you a registered Yes voter? Doyou reside within the Boynton Beach City Yes Qoyou own/manage a business within City limits? If "yes", name of Yes Are you currently No serving onaCity board? Have you served ona No City board |nthe pey�� If "yes", which board(s) and when? Have you ever been No convicted mJa crime. |f"yes",when and where? Advisory Board Affordable Housing Advisory Committee |fappointed bythe City Commission toserve as Yes Board Chair orVice 1 Page 34 of 574 Chair are you willing bz serve in this capacity? Personal Qualifications K4ypast positions, extensive knowledge, and depth of understanding for human resources, strategic management, real estate, budgeting and finance make meanideal candidate. Additionally, my education and hands-on skills MBA graduate truly distinguishes me from my peens. Professional F|DAlumni Association Memberships Florida Board ofRealtors National Association ofRealtors Feel free to attach/upload an extra blIps df9ff3aefecl8dlefdafdc392a8el9 sheet or resume. Certification 1, the applicant, hereby certify that the staternents 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 66.176,130.26 (United States) at2O21-O8 10 12:05:39 on Safari 14.1.2 Entry |D:477 Referrer Form Host: Page 35 of 574 Boynton Beach, Florida lc pct sia n j.C)4 ,&1rjjL 974-7826 il.coni 1404 - Education I'lorida International University: Miami, FL, Received: 2015 Master of Business Administration in Healthcare Management (MBA) Florida International University: Miami, Fl, Receive(k 2012 Bachelor of Arts in Healthcare Set -vices Administration Skills Summary • Healthcare Operations • Process Improvement • Project Management • Leadership and Management • Microsoft Offices • Healthcare Consulting and Event Management Professional Experience 0 Salesforce- CRM • Strategic planning • Budgeting & Finance • Staff development • Procedural overhaul expertise • Exceptional communication skills Unified Plrysiciein Mwwgemew I Operotions Manager I Nowinber 2016 -,august 2020 • Regional general Operations Manager for 23 OB/GYN healthcare practices tllr0Ugll0Ut Florida. • Develops and executes Continuous improvement strategies focusing on improving cost, quality, EMR utilization, front office Nvorktlo\vs and patient satisfaction. a Serves as primary point oi'contact between practices and executive team to establish and/or implement policies, procedures and ensure practice adoption • Performs monthly financial analysis on each practice to improve profitability. • Utilizes key rnetrics to evaluate the long-term impact oil the healthcare facilities and assist in the development of business plans to improve productivity 0 Plans, tests and assists with implementing new business systems, integrations, and enhancements that may have global impact to the orgallization and/or clients as it relates to our patients 0 Problem solves key provider issues with operations team to ensure consistent operation and improve the customer experience • ReSOUrCe for management to identify existing and future needs of the Operations department and organization • Perforins ongoing training of` best practice workflows & reporting to enhance Electronic Medical Records efficiency Page 36 of 574 Browar(] County Supervisor of Elections I Trainer I Nov 2015 — Nor 2016 a Ensured that proper election protocols, voting procedures, legal requirements, operation of equipment. and customer service was presented and followed to each employee via workshop CUrriCUlLJrn • Managed the overall tasks, activities and poll workers in the polling place by demonstrating a working knowledge of laws, voting system operations, polling place procedures, problem -solving and conflict resolution • Trained and verified each poll workers ability to perform job duties and knowledge of information presented 0 Informed inspection teams ofany irregii I ari ties in behavior or paperwork AKAM On Site I Trainer I AI)ril 2011 — July 2015 a Crafted, restructured, and implemented new f lunian Resource process introducing new hires to entire AKAM system both in corporate back-office as well as specific, assigned on-siteduties 0 Created a strean'llined complaint process, which provided maintenance staff, management, and Board of'Directors ability to track open and closed claims and analyze data via weekly and monthly reports. • served as the liaison between corporate office communications and on-site properties • Role developed the corporate CUltUl'e by creating synergy and communication structure among corporate and on- site staff a I land selected by president of'AKAM to take on role of Corporate Trainer; position created to serve as the liaison between corporate office communications and oil -site properties a Assisted property Managers ofover 35 buildings with accounts payables and receivables to negate accounting and payrnenterrors • Ensured bi-monthly payroll inetries were met was met and performed checks and balances reports • I landled all delinquency reports, late notices, and violations to ensure appropriate correspondence was issued and resolution prescribed Previous roles included ACCOWAS Payable/Receivable Coordinator (2013), Administrative Assistant (2012) and Concierge (2011) Professional Certifications & Notable Accomplishments Employee of the Year: AKAM oil Site 2013 Lean Six Sigma Yellow Belt: Miami, FL 2015 ALIpliaw McgaA/ Scholarship: Miami, FL, 2015 Study Abroad Experience: Florida International University in Beijing car Guangzhou China 2015 • Received Travel Abroad Advanced Certificate, recognizing completion of course and policy paper/Master's Thesis • Implemented performance Manual for Account Managers that highlights key financial rnetrics with solutions for Underperforming practices • Spearheaded creation of new hire employee manual to streamline onboarding processes and procedUresaround aCCOLIJItS payable, receivables, and CLIstomer service satisfaction o Identified, researched and recommended plan ofaction that saved a single provider 100,000 in expenses; in process of implementing this plan of action to I-IlUltiple practices Page 37 of 574 Consent Agenda 8/17/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 17, 2021 - "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). DESCRIPTION SOLICITATION RENEWAL VENDORS(S) OF NUMBER TERM AMOUNT SOLICITATION Calvin August 20, As Needed Basis By Various Departments Giordano & City of Boynton RFQ 046-2821- 2021 - within budget parameters (Any Item over Associates Beach RFQ 17/TP August 19, $35K will be brought back to Commission). 2022 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewal and require new solicitation to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 38 of 574 Is this a grant? Grant Amount: Attachments: Type AttachirTIENI'lt I E)ttENr Description Bid EAE)insioins aind Fliggy Bacl(S UlindEsir' $100,000 RENIIE)W,-'.IIl I E)ttENr Page 39 of 574 92 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS August 17, 2021 REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Joseph Paterniti TERM: August 20, 2021 to August 19, 2022 SOURCE FOR PURCHASE: 046-2821-17ITP ACCOUNT NUMBER: Various Accounts VENDOR(S): Calvin, Giordano & Associates ANNUAL ESTIMATED EXPENDITURE: As Needed by Various Departments within budget parameters (Any Items over $35K will be brought back to commission). DESCRIPTION: On August 7, 2018 authorized the City Manager to sign multiple agreements as a result of RFQ 046-2821-17/TP for General Consulting Services Resolution R18-103.The City of Boynton Beach solicited proposals for qualifications for General Consulting Services per Section 287.055, the Florida Statues, the Consultant's Competitive Negotiation Act (CCNA). The City established five (5) Categories Scope A-E and multiple firms were selected to satisfy the consultant engineering and architectural needs of the City. The City of Bounton Beach July 7, 2021 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 Calvin, Giordano & Associates Attn: Robin Verse 1800 Eller Drive Suite 600 Fort Lauderdale, FL 33316 VIA EMAIL TRANSMITTAL TO: rverse(o)caasolutions.com RFQ: 046-2821-17/TP-GENERAL CONSULTING SERVICES SCOPED (Transportation Services) CURRENT AGREEMENT TERM: AUGUST 20, 2020 -AUGUST 19, 2021 Dear Robin Verse: The current agreement term for "GENERAL CONSULTANT SERVICES - SCOPE D" expires August 19, 2021. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to orattt(o)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k. a�.4� Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 41 of 574 The City of Bounton Beach July 7, 2021 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 BID: GENERAL CONSULTING SERVICES SCOPED (Transportation Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CALVIN, GIORDANO & ASSOCIATES. AGREEMENT RENEWAL TERM: AUGUST 20, 2021 -AUGUST 19, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Girdaysi;nedbyChristopherB CALVIN, GIORDANO & ASSOCIATES Christopher B Giordano Giordano Date: 2021.07.21 15:07:59 -04'00' NAME OF COMPANY SIGNATURE Chris Giordano NAME OF REPRESENTATIVE (please print) 7/21/21 DATE cgiordano(c�cgasolutions.com E-MAIL President TITLE 954-921-7781 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 42 of 574 6.B. Consent Agenda 8/17/2021 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of J my 2021. 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. All backup documentation is available upon request. Below is a list of the purchases for July 2021: Purchase Order # I Vendor Amount 211283 MOHAW K RESOURCES LTD $18,720.08 BENNETT FIRE PRODUCTS 211284 COMPANY $13,351.50 211286 ANIXTER INC $10,979.22 211287 SHRIEVE CHEMICAL COMPANY $18,150.39 211290 TRANSCENDENT CORPORATION $10,500.00 211291 ENVISIO SOLUTIONS $14,310.00 XYLEM WATER SOLUTIONS USA, 211296 INC $16,497.04 211306 SUPERION, LLC $12,000.00 211336 DELL FINANCIAL SERVICES, INC $24,627.90 211339 BAKER & TAYLOR COMPANY $15,888.00 211354 ZON DA AD V I S ORY $29,640.00 211378 WABASH VALLEY MFG., INC. $17,377.00 211380 EU AUTOMATION INC $10,032.13 211381 ANZCO, INC $82,220.00 211399 GREATGREENZ, INC. $15,000.00 211401 1 WATER INC $18,000.00 Page 43 of 574 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: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ttaclhtirTIENI'lt Description J LA. y 2021 ... IP LA r c haSE)S oveir $1 0, 000 Page 44 of 574 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JULY 2021 1. Vendor: MOHAWK RESOURCES LTD Purchase Amount: $18,720.08 Requesting Department: PUBLIC WORKS Contact Person: BILL DARTY Date: 7/12/2021 Brief Description of Purchase: Purchase of a heavy-duty truck tire machine capable of mounting and dismounting truck tires. We rely upon an outside contractor to change all tires such as Solid Waste, Fire Rescue and other large tires and have no backup means in case of an emergency. Also, saving approximately $25-$30 per tire on hundreds of tires per year. Source for Purchase: Piggyback: Sourcewell Fund Source: 501-2516-519.64-02 Contract# 013020 -MRL 2. Vendor: BENNETT FIRE PRODUCTS COMPANY Purchase Amount: $13,351.50 Requesting Department: FIRE STATION Contact Person: DC BRUDER Date: 7/12/2021 Brief Description of Purchase: Purchase 90 Escape Belts for Fire Rescue Source for Purchase: Piggyback: Lake County Fund Source: 001-2210-522.52-3 Contract # 17-0606 3. Vendor: ANIXTER INC Purchase Amount: $10,979.22 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 7/12/2021 Brief Description of Purchase: Additional hardware and locks are needed at the West Water Treatment Plant, wells, and water storage tank locations. Stanley Security Solutions Best Locks Systems is already in place at Boynton Beach Utilities Administration Building, Lift Stations and East Water Treatment Plant. Source for Purchase: Piggyback: GSA Fund Source: 403-5000-533.65-02 Contract #: GS -07F -6060R WT2102 4. Vendor: SHRIEVE CHEMICAL COMPANY Purchase Amount: $18,150.39 Requesting Department: UTILITIES Contact Person: BRYAN HELLER Date: 7/12/2021 Brief Description of Purchase: Sulfuric Acid is needed for the WWTP. The City of Lake Worth canceled their piggyback with Shrieve beginning of May 2021 and we opted to go with SATCO due to Shrieve not honoring the original pricing. Chemicals needed for the month of May until SATCO contract approved. Source for Purchase: Emergency Purchase / Confirming Order Fund Source: 401-2811-536.52-35 5. Vendor: TRANSCENDENT CORPORATION Purchase Amount: $10,500.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 7/12/2021 Brief Description of Purchase: Annual renewal for Transcendent Asset Management Software Source for Purchase: Sole Source Fund Source: 401-2821-536.46-91 Page 45 of 574 6. Vendor: ENVISIO SOLUTIONS INC. Purchase Amount: $14,310.00 Requesting Department: CITY MANAGER Contact Person: JOHN DURGAN Date: 7/12/2021 Brief Description of Purchase: Annual renewal of strategic planning software that will help facilitate visual organization on strategic plan and allow us to track progress, enhance accountability, and provide a mechanism for future phases of performance measurement. Source for Purchase: Sole Source Fund Source: 401-2816-536-49-17 7. Vendor: XYLEM WATER SOLUTIONS USA, INC. Purchase Amount: $16,497.04 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 7/14/201 Brief Description of Purchase: Repair of an existing Flygt pump at Lift station #213 located at Pence Park. The cable was cut off. There was water in the junction chamber, stator housing, and inspection chamber. Source for Purchase: Contract# 014282119 Fund Source: 403-5000-535.65-04 SWR075 8. Vendor: SUPERION, LLC Purchase Amount: $12,000.00 Requesting Department: ITS Contact Person: YURY KONNIKOV Date: 7/14/2021 Brief Description of Purchase: Central Square University Subscription - This vendor is the parent company of our ERP system, NaviLine, as well as our provider of the IBM Cognos reporting software. This subscription is the exclusive means by which staff can receive training and upskilling in the use of NaviLine and it modules. Source for Purchase: Sole Source Fund Source: 001-1510-513.54-30 / 401-2821-536.54-30 001-2511-519.51-25 / 130-2411-524.54-30 9. Vendor: DELL FINANCIAL SERVICES, LLC Purchase Amount: $24,627.90 Requesting Department: LIBRARY Contact Person: MIKE NAUGHTON Date: 7/19/2021 Brief Description of Purchase: Purchase of 30 Dell Computers for public use Source for Purchase: State Contract: MNWNC-108 Fund Source: 105-3221-513.64-15 Contract #: 43211500-WSCA-15-ACS State Aid Grant Funds 10. Vendor: BAKER & TAYLOR COMPANY Purchase Amount: $15,888.00 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 7/19/2021 Brief Description of Purchase: Baker & Taylor's book leasing program allows the Library to increase its number of popular books with the ability to return them when Library customers demands subsided. The books arrive shelf-ready, with all cataloging and processing completed to our specifications Source for Purchase: Sole Source Fund Source: 001-2610-571.66-01 LBAFF3 11. Vendor: ZONDA ADVISORY Purchase Amount: $29,640.00 Requesting Department: PLANNING & ZONING Contact Person: AMANDA RADIGAN Date: 7/20/2021 Brief Description of Purchase: Real estate research to assess the current and future housing needs of the City of Boynton Beach, and to develop solutions for affordable housing. The vendor will provide market-based observations and conclusions that assist our planning and evaluation of housing within the City Source for Purchase: 3 Quotes Fund Source: 112-4401-524.49-17 AR2101 Page 2 Page 46 of 574 Page 3 Page 47 of 574 12. Vendor: WABASH VALLEY MFG., INC. Purchase Amount: $17,377.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 7/27/2021 Brief Description of Purchase: Site furnishing for donor benches and Ocean Ave trash carts. Town Square Source for Purchase: Piggyback: Volusia County School Fund Source: 001-2730-572.46-98 Contract #: CL-905KM 13. Vendor: EU AUTOMATION INC. Purchase Amount: $10,032.13 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 7/27/2021 Brief Description of Purchase: Master Drive DC Links Capacitors w/rack needed for West Utilities Membrane feed pump VFD Source for Purchase: 3 Quotes Fund Source: 403-5000-533.65-02 WT2102 14. Vendor: ANZCO, INC Purchase Amount: $82,220.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 7/27/2021 Brief Description of Purchase: School House Museum - Removal and replacement of 1 st floor and 2nd floor doors Source for Purchase: Contract # 028251120 Fund Source: 303-4107-573.62-01 GG2105 15. Vendor: GREAT GREENZ, INC Purchase Amount: $15,000.00 Requesting Department: THE LINKS Contact Person: TOMMI YLIJOKI Date: 7/28/2021 Brief Description of Purchase: Installing a 6' x 115' area of synthetic turf on the driving range tee box to allow time for maintenance statt to grow hitting tee grass. Adding an area of synthetic turf will give the option of rotating between artificial and real turf, thus allowing for better maintenance of the entire range Source for Purchase: 3 Quotes Fund Source: 302-4501-572.63-01 GF2004 16. Vendor: I WATER INC. Purchase Amount: $18,000.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 7/30/2021 Brief Description of Purchase: Annual software renewal of iWater InfraMap Software used to maintain the fire hydrants, grease traps and backflows. Source for Purchase: Sole Source Fund Source: 401-2821-536.46-91 Page 3 Page 47 of 574 C00111 Consent Agenda 8/17/2021 Requested Action by Commission: Proposed Resolution No. R21-101 - Approve and authorize City Manager to sign an agreement with Track Star International, Inc. for the purchase of Track Star AVLS Shared Hosted Services and GPS Devices for the Police Department via sole source purchase in the amount of $43,045. Explanation of Request: This request is to provide the police department with an Automated Vehicle Locating System (AVLS). The technology utilizes a geographical positioning system to identify the physical location of police vehicles and apparatus. This system is required to meet strict network security to protect this information. In addition, this will allow the Department to identify areas of improvement as it pertains to response, vehicle maintenance and overall patrol efficiency. How will this affect city programs or services? The system will provide real time location of police vehicles for safety and dispatch recommendations. In addition, the police department will be able to provide documentation on how officers patrol the city. The system also provides car telemetry that will benefit vehicle services and help in the investigation of vehicle accidents. Fiscal Impact: Funds for the acquisition have been budgeted via Cl P Account # 303-4119-580-64-14 Project Number IT2009. Alternatives: While there are other AVL systems on the market, this particular system provides the level of security and type of reports that the police department requires. The alternative is to not move forward with the AVL program. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 48 of 574 Contracts Vendor Name: Track Star International, Inc Start Date: 9/11/20211 End Date: 8/31/2022 Contract Value: $43,045.00 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Annually renewal available. Attachments: Type D IRE)S()ll LA ti 0 111 D Cointract D SCflbl SOLArCE) I E)ttENr Description IRE)SCflUltioin approviing Agir'E)E)irT1E)1['1t with Tirack Stair I ['ItE)rinatioinall Ca: intract SOE)/SilllgE) SOLArCE) JLAStificatioin Page 49 of 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH TRACK STAR INTERNATIONAL, INC. FOR THE PURCHASE OF TRACK STAR AVLS SHARED HOSTED SERVICES AND GPS DEVICES VIA SOLE SOURCE PURCHASE IN THE AMOUNT OF $43,045.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Police Department staff is requesting to purchase an Automated Vehicle Locating System (AVLS) which technology utilizes a geographical positioning system to identify the physical location of police vehicles and apparatus; and WHEREAS, the system will provide real time location of police vehicles for safety 17 and dispatch recommendations and the police department will be able to provide 18 19 20 21 22 23 24 25 26 27 28 29 30 documentation on how officers patrol the city; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize City Manager to sign an agreement with Track Star International, Inc. for the purchase of Track Star AVLS Shared Hosted Services and GPS Devices via sole source purchase in the amount of $43,045.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves and authorizes the City Manager to sign an agreement with Track Star International, Inc. for the purchase of Track S:ACA\RESO\Agreements\Agreement with Track Star hitemiional for AVL System - Reso.docx Page 50 of 574 31 Star AVLS Shared Hosted Services and GPS Devices via sole source purchase in the amount 32 of $43,045.00, a copy of the Agreement is attached hereto as Exhibit "A." 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 20th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Agreement with Track Star Intentional for AVL System - Reso.docx YES NO Page 51 of 574 *Quotation Expires 30 days from Estimate Date 1 PRD -00701 135.00 - m�o " U-��U�� --�KUUUU��K�~ tiwck ro Track Star International, Inc. #TS2773 9222Beach Drive SYV Unit Calabash North Carolina 28467 141.00 800-661'3515 25.380.00 http://www.trackstar.cnm N/A Bill To Boynton Beach Police Department 21OOHigh Ridge Road Estimate Date 06.252021 Boynton Beach .FL 33426 U3.A Sales person MH Subject� Track Star AVLS Shared Hosted Services and GPS Devices *Quotation Expires 30 days from Estimate Date 1 PRD -00701 135.00 98.00 13,230.00 ayscmmmP,oaonPlug m(ocv-0can1.LAa-0nnn1.pxa-0nzn1.LAa-0nnnz), ro ^»ocom/: Z SV[00003 141.00 180.00 25.380.00 Track Star ^xoShared Hosted Comprehensive Vehicle License, Annually N/A recurring, includes zsme:s cellular data, base mapping, aerial imagery, point address data and clustering functions. 3nsecond updates, 1venr retention y SV[ -00051 141.00 25.00 3,525.00 Track Star musShared Hosted / Exclusive Hosted Comprehensive Vehicle N/A setup / activation fee 4 PRD'00707 2.00 125.00 250.00 avannmciAsset, ^xocoxn: ro 5 GV75MG AVLS[nnMg 4.00 102J0 410.00 Vueumkavrs^xoConfiguration ro 6 PRD'00707 2.00 125.00 250.00 avannmciAsset, ^xocoxn: ro Sub Total 43.045.00 Tota 1 $43,045.00 �� Approved �� '��~��~�r�r~�~�~~ �~�- ` Please reference Quotation Number in all correspondence and in Purchase Orders. Installation and training services, if desired, will be quoted separately. Delivery is generallywithin 30 days of receipt of order. Actual scheduled deliverywill be noted on confirmation of your Purchase Order. Track Star products are warrantied under the terms of Limited Product Warranties, copies of which are provided at time of quote acceptance. Purchase Order or signed quotation is required to initiate order fulfillment. Issuance of a Purchase Order indicates concurrence with the terms of the licensing agreements. Thank you for the opportunity to provide this quotation and we look forward to receiving your business! Payment Terms: Payment in full NET30. A 1.5% per month charge will be applied for any balances due beyond 30 days. **Shipping Costs will be billed at the time of shipment. There will be a standard shipping charge of $15, unless actual charges are greater** "32.0 E -Verify. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Effective January 1, 2021, Vendor was required to register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor has registered for and utilized the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by Vendor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor to perform work pursuant to the contract with the City of Boynton Beach. Vendor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) Vendor shall complywith the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Vendor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Vendor shall maintain a copy of such affidavit for the duration of the contract. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Vendor otherwise complied with s. 448.095 (2) Fla. Stat., City shall promptly notify the Vendor and order Vendor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court of Palm Beach County no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Vendor, the Vendor may not be awarded a public contract by the City for a period of 1 year after the date of termination. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided bylaw; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435. 1 fi t f" Aplll ,i rf i, ed 111 r',vf«° 11,1,1 f; Page 53 of 574 561-742-6061. CITYCLERK@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. 'Jtl�ote /`�,lll�lll, oi, r»'11,� 111r%vf«<` 111,1t; t eff Page 54 of 574 Purchasing Division 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 Ingle 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. ® aMIN IIIm Requestor 1 .. Ieparire.._.m„ nt Police y ....�. .... ..- .............. ..... ,,.. 1111 -..------_--------- . ........ ......... ........- __, ........... � .............___-_- Division Information Technology -_ . _..........m __....._ _--------- _..__m .... ........... ... ................... Point of Contact Karl aracotta .............. _.._ ..1111. ....... _.. ..1 ............-. ....... __ .---____, Phone Number _ 561-742-6170 ... ...-- Vendor Company Name Track Star International, Inc -------- — Address j 9222 Beach Drive SW, Unit 5, Calabash, North Carolina 26467 - -., _111 1... .... Phone Number 800-661-3515 -1- 1 1111....... ... - Point of Contact and Title Michael Hu hes _... ... .------ --------- -- ...r.. ........ - - -- ............................. --- ................., What other vendors were Verizon and Sara Sara. These systems were unable to provide the contacted? (List company name, contact, and phone reports required by the police department® These systems also were number and explain why unable to perform automatic deletions based on our retention they were not suitable) policies. Product or-...a..�..... -..� �_._ �� .........._ _1111... Service ---------- Product/Service Name -Track Star AVLS Shared Hosted�Servic 1111.. m�..�..... Services and SPS Devices .. — ............. _..... 1111 ,.........__..__1111-------............�, Manufacturer SEE QUOTE .. -.- ........ ... -1111. -- Make/Model # SEE QUOTE _..--... __1111 - 1111 Price SEEU TE �. _ _............ .. _.._. ............- Did you negotiate the terms or prices with the vendor? j Yes No Why is this price considered to be fair and rasa __ .....______.n_� 1111.. 1111... __--- reasonable? The prig is very competitive in comparison to similar technologies. Page 55 of 574 Purchasing Division Sole/Single Source Justification Form services, purchase obligate the .,.p m.m. �m Wlll th' p g City to a particular vendor in the future? (Either in terms of maintenance, or re -purchase for compatibility reasons) ND Yes ❑ No 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 m, Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) r What necessary features does this vendor provide which are not available from other vendors? .? Please be specific. This system performs automatic deletions based on the police department retention policies. This system also provides custom reports needed by the agency. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. �� ®« My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other knowr�i s _pliers that exist.-- .________ ________ _ .......- - 1, eta merit D,It 2tl Purchasing Ma a erglr ance Dir to 9 g g ector 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. _.....W .............. ................. ......mm. ........................ ...._..... Signature Date Page 56 of 574 1" Consent Agenda 8/17/2021 Requested Action by Commission: Proposed Resolution No. R21-102 - Approve and authorize the City Manager to sign a Master Services Purchase Agreement with AXON Enterprise, Inc., for the purchase of equipment and services for the Axon I nterview software system in the amount of $70,851.39 which will be broken down into two phases. Phase 1: $32,731.00 Phase 2: $38,120.39 Explanation of Request: This purchase will allow BBPD to implement a digital recording system in the interview room in the police department. A digital recording system is required in order to conduct, record, preserve and manage interviews of individuals as evidence in police investigations. The Axon I nterview software solution will be procured as a sole source item as it integrates directly with Evidence.com Digital Evidence Management System that is already in use in the police department. How will this affect city programs or services? This system allows for a more streamlined interview process. It will provide the ability to store weeks of continuous video and audio from interviews while giving the police department the ability to bookmark, annotate, and comment on footage in real-time while maintaining a complete chain of custody. In addition, the recordings are maintained in the same system with any other Body Worn Camera video evidence, Taser Logs and/or image evidence for the ease of case preparation. Fiscal Impact: Grant Funded Project: This project is broken up into two phases. 2018 Jag Grant (2018DJBX0424) (Resolution # R18-169) in the amount of $32,731. Funding is only available until September 30, 2021) 2021 Jag Grant (pending award, City Boynton allocated amount is $40,482) Alternatives: Not approve this item and risk the loss of recordings and/or chain of custody records which would jeopardize criminal prosecutions. Strategic Plan: Building Wealth in the Community Strategic Plan Application: This agenda item helps maintain the 'wealth in the community' by investing in equipment that supports public safety activities provided to our community. Climate Action Application: This agenda item has a net -zero impact on the climate. Is this a grant? Page 57 of 574 Grant Amount: Contracts Vendor Name: Axon Enterprise, Inc Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type D IRE)S()l� LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D AddE)indUlirn Description RE)SOkAtioin approviing Agir'E)E)irT1E)1['1t with AXON for I ['1tE)ir\AE)W IRoorn Softvr,--.iir'E) AXON IMastE)r SE)ir-\AC2,s aind PLArchasiiing Ag ir'E)E) irTIENI'l t F:::iinal� Axoin SOE) SOLArCE) JUistificatioin F:::oirirn Page 58 of 574 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE 5 AND AUTHORIZE THE CITY MANAGER TO SIGN A MASTER SERVICES 6 PURCHASE AGREEMENT WITH AXON ENTERPRISE, INC., FOR THE 7 PURCHASE OF EQUIPMENT AND SERVICES FOR THE AXON INTERVIEW 8 SOFTWARE SYSTEM IN THE AMOUNT OF $70,851.39 WHICH WILL BE 9 BROKEN DOWN INTO TWO PHASES; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, a digital recording system is required in order to conduct, record, preserve 14 and manage interviews of individuals as evidence in police investigations; and 15 WHEREAS, this purchase will allow Boynton Beach Police Department to implement 16 an interview room digital recording system in the police department and will provide the 17 ability to store weeks of continuous video and audio from interviews to storage while giving 18 the police department the ability to bookmark, annotate, and comment on footage in real - 19 time while maintaining a complete chain of custody; 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 22 and authorize the City Manager to sign a Master Services Purchase Agreement with AXON 23 Enterprise, Inc., for the purchase of equipment and services for the Axon Interview software 24 system in the amount of $70,851.39 which will be broken down into two phases. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:ACA\RESO\Agreements\AXON Interview Software - Reso.Docx Page 59 of 574 30 Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves 31 and authorizes Approve and authorize the City Manager to sign a Master Services Purchase 32 Agreement with AXON Enterprise, Inc., for the purchase of equipment and services for the 33 Axon Interview software system in the amount of $70,851.39 which will be broken down into 34 two phases, a copy of which Agreement is attached hereto as Exhibit "A." 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 17th day of August, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 65 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:ACA\RESO\Agreements\AXON Interview Software - Reso.Docx Page 60 of 574 % GO \ � m . ƒ § $d ®{ / /U- O . 0 k it � ¢ 3 B 2 9 LO (D �M k S 7 $y a § c 9 am: qo» 0 CD LO 4) « onoe§ n� / § k-000 ƒ ƒ o G 7 3 w E+ 2AfƒM\ E ± 2 0 L�� (D C? \ O S aa y�/ 7 2 0 c7co M/± n� / § G % x §E2 ƒ 0do 0 oƒ .. m a_ E ± I «E Q kCO§2 (D § e�G 2 y c� CO CN ±3 T &-C� m G _ % ? \ kƒ . a a— E , ± 2 0 (D C? \ O S � 7 2 0 c7co / § 0 ƒ 0do 0 oƒ .. m a_ m 2 ± 3 7 (D CN e�G c� U- T &-C� % ? \ ± a— 0 0 ƒ k O & m 2 % \ to R � e 'IT rl- m 0 (C) ¢ 2 n � w �6! 0 rn GO m M LOd' d' LO O t0 N M J N rl- LO 4- 0 N N STATEMENT OF WORK & CONFIGURATION DOCUMENT Axon Interview Recording Platform This document details a proposed system design Agency Created For: Boynton Beach Police Dept. - FL Sold By: Daniel Blair Designed By: Jason South Installed By: Axon Professional Services Customer Contact: Karl Maracotta Page 63 of 574 AXON INTERVIEW RECORDING PLATFORM This image is intended to be a general visual of how Interview Room is configured. Please read through the SOW for configuration specific to this deal. 111 � k� Evidence Management sy tern �cundlary Recording Server AXON -PROVIDED HARDWARE SUMMARY The following section offers a broad summary of the Axon -provided hardware needed to configure this order. With the exception of server quantities, QUANTITIES DO NOT REFLECT CUSTOMER -PROVIDED ITEMS. Total Camera Configurations 3 Camera(s) Locations # Rooms Headquarters 3 0 Covert Enclosure(s) 3 Microphone(s) Injector(s) Total Switches 0 POE Switch(es) Total Servers 2 Server(s) (customer -provided included) Total Touch Panels 3 Touch Panel(s) (virtual not included) 3 Wall Mount(s) Total Camera Configurations 1 I/O Box(es) Q11, 12912 i 31 4yC1C1000 i'Kg1 /`,/` U `" Page 64 of 574 INTERVIEW ROOM OVERVIEW The following sections detail the configuration of the Axon Interview recording system at all locations. Network Considerations Metadata Tags Metadata Tagging gg g Each IP Camera will be connected to a POE switch that provides the device with power and network connectivity. Each Recording Server must be given a static IPv4 network address that is routable across the Information collected prior to recording: Network Requirements network. • Case number Each IP Camera must be given a static IPv4 network address that is routable across the network. • Case type Each touch panel/kiosk must be given a static IPv4 network address that is routable across the • Interviewee type network. Information collected post recording: Network Device Static IPs Total IPs Customer to provide preferred metadata fields. Qty of IP Cameras 3 Network Addressing g Qty of Touch Panels 3 Qty of Recording Servers 2 Data Switch Provisioning This install will require POE data switches at each location. Virtual Kiosks 0 workstations will require virtual kiosk software to be installed. Customer to provide all device IP addresses Customer to also provide: • Subnet Mask • Gateway I P Customer Provided Items • DNS/WINS IP • Time Server IP Customer IT staff will configure all switches with proper network configuration. Metadata Tags Metadata Tagging gg g The system will collect metadata information prior to, and after, the interview recording process (i.e. Interviewer Name, Interviewee Name, Case Number). Information collected prior to recording: • Interviewee first and last name • Case number Metadata Tags • Case type • Interviewee type Information collected post recording: • Interviewer name(s) Customer Provided Items Customer to provide preferred metadata fields. Axon Provided Items Axon to facilitate the creation of metadata fields. Q11, 12912 a 31 4yC1C1000 i'Kg1 /`,AU Page 65 of 574 NETWORK CONFIGURATION DETAILS The following section offers a broad summary of the Axon -provided hardware needed to configure this order. Network Configuration Details Evidence Management System Evidence.com Network Applications: • Remote monitoring application Evidence. comApplication Features: Application Features • Secure Cloud Storage • Redaction • Download/Sharing • Audit Trail • Reporting Training This solution will include on-site application training covering: • Touch panel overview • Initiating interview wizard Application Package • Entering metadata • Controlling the interview process • Closing an interview • Evidence.com functionality Additional General Deal Notes Notes I Configuring 3 rooms with single cameras and light servers to support same locations. Q11, 12912 a 31 4yC1C1000 i'l<gl /`,AU Page 66 of 574 LOCATION DETAILS: Headquarters The following sections detail the configuration of the Axon Interview recording system at HEADQUARTERS Location Name Headquarters Cable Considerations Servers, Switches, Touch Panels Servers Axon Professional Services will install the networking cables using a Cat6e Cable. Cabling Runs g cable runs are required for this installation. 7 110v power outlets are required for this installation (Customer Responsibility). This system includes recording redundancy Data Switch/POE Power All Devices: Quantity: Network cabling must be provided for the following devices: Cabling • Axis IP Camera Requirements • Server Touch Panel Location • Touch Panel or PC running a virtual Touch Panel Number of 1/0 Boxes Required • POE Switch Servers, Switches, Touch Panels Servers Axon Interview Lite Server Quantity: 1 Axon Interview Lite Server 1 Redundancy This system includes recording redundancy Data Switch/POE Power Customer will provide data switch Quantity: 0 N/A Touch Panels POS -X Touch Panel Touch Panel Location Wall mounted outside each room Number of 1/0 Boxes Required 1 Additional Location Notes Notes Q11, 12912 a 31 4yC1C1000 i'Kg1 /`,AU Page 67 of 574 ROOM DETAILS: Room 1 The following sections detail the configurations specific to ROOM 1 Location Name Headquarters Room Name Room 1 Camera Configuration Additional Location Notes Notes Page 68 of 574 Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera Camera 1 Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via IR Client External Recording -In- Recording will be triggered LED Progress Visual Wall Configuration Drywall with Soundproofing Ceiling Configuration Standard Tile Additional Location Notes Notes Page 68 of 574 ROOM DETAILS: Room 2 The following sections detail the configurations specific to ROOM 2 Location Name Headquarters Room Name Room 2 Camera Configuration Additional Location Notes Notes Page 69 of 574 Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera Camera 1 Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via IR Client External Recording -In- Recording will be triggered LED Progress Visual Wall Configuration Drywall with Soundproofing Ceiling Configuration Standard Tile Additional Location Notes Notes Page 69 of 574 ROOM DETAILS: Room 3 The following sections detail the configurations specific to ROOM 3 Location Name Headquarters Room Name Room 3 Camera Configuration Additional Location Notes Notes 10 Page 70 of 574 Camera 1 will be a(n) : Axis P3245 -LV Overt Dome Camera Camera 1 Mic: Louroe Tamper Proof Mic Recording Activation Recording will be triggered via IR Client External Recording -In- Recording will be triggered LED Progress Visual Wall Configuration Drywall with Soundproofing Ceiling Configuration Standard Tile Additional Location Notes Notes 10 Page 70 of 574 Wd N O 0 O CL3 N E N F— m CL3 m N 4-a �, •'" cam, .', rC .y -S C�3 Ou k�:i O U O O bA O N N � E 0 o� Go m M d' o to N M J w �6! 0 rn GO m M LOd' d' LO C:. t0 N M J � N CL3 N � O � N N ti ;11� I liq ILTITIAMA IT Me Z(= CITY Agreement Number: Page 73 of 574 o MASTER SERVICES AND PURCHASING AGREEMENT This Faster Agreement (the Agreement) by and between TASER International, inc., (TASER or Party) a Delaware corporation having its principal place of business at 17800 N 85111 Street, Scottsdale, Arizona, 85265, and Boynton Beach Police Dept, - FL, (Agency, Party or collectively Parties) having its principal place of business at 100 E. Boynton Beach Blvd,, Boynton Beach, FL, 33435, is entered into as of March 2, 2017 (the Effective Date) Thls Agreement sets forth the terms and condiltions for the purchase, delivery, use, and support of TASER products and services as detailed in Quote# Q-92696 (the Quote), which is hereby incorporated by reference It. isthe intent of the Parties tha,. this Agreement shall act as a master agreement governing alll subsequent purchases by Agency of TASER Products and all subsequent quotes accepted by Agency shall be also Incorporated by reference as a Quote, In consideration of this Agreement the Parties agree as, follows I T jerM. This Agreement Wit commence on the Eflecbve Date and will remain in full force and effect until terminated by either Party. "FABER services will not be authorized untie a signed Quote or Purchase Order is received, whichever, is first, 1.1 EvIdence.com Subscription Term, The IniUal I erm of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the Ist of the following month If shipped in the last half of the month, the start date is on the 15th of the following rronth, Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives TASER written notice of termination within sixty (6�0) days prior to the end of a one (1) year period, 1.2 Professional Services Term., Aniounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix rrust be used within 6 months of the Effective Date, 2, Definitions, 7wp Ns Day" means Monday through Friday, excluding holidays. "Confidential Information"" means ail nonpublic information disclosed by T'ASER, TASER affiliates, business partners of TASER or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the informsfion or circumstances surrounding its disclosure, reascna6y should be understood to be confidential. "Documentation" means the (i) specifications, explanatory or informatlonal; materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (4) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational maler4ls, whether in paper or electronic forrn, that relate to the Products provided under this Agreement "Evidence.com Service" means TASER web services for Evidence.com, the Evldence.com site, EVIDENCE Sync software, EVIDENCE Motile Appy, Axii Moblle App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any 'Third Party Applications, hardware warranilles, or the my.evidence corn services. "Installation Site" means the location(s) where the Products are to be installed "Policies" means the Trademark Use Guidelines, all restrictions described on the TASER website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepap,ers or other, marketing malehWs "Products" rreans all TASER equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by TASER under this Agreement, "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the .. . ........ . ........... ., .. . . . ......... Lurderce corn Master S_rv0oe Agreement Wili Exhists Page 2 of Ib De M rtyr e nt Legal velsiom: 11 0 Reiii DOW 761=15 Page 74 of 574 am= quote,, All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement Any terms and conditions contained wlthin the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. I'ASER is not responsible for pricing, typographical, or other error's in any offer by TASER and TASER reserves, the rightto cancel any orders resulting from such eirrots TASER reserves the right to adjust prices or Pr,odlucts untess otherwise specified in Vie Quote "Resollution Time" rnearis the elapsed time between TASER's acknowledgment of an issue until the problem In the Services has been resolved, wNch does not i�,ndude time delays caused by the Agency or by third parties outside of TASER"s reasonable control. "Services" means ail services provided by TASER pursuant to this Agreerrient ""Agency Content" means software, data, text, ,audio" video, images or other Agency content or any of the Agency's end users (a) run or the Evidence.ccrn Services, (b) cause, to inferface with the Evidonce,corn Services, or (c) upload to the, Evidence.com Services, under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. 3 Fpy �pnl Tr�jrrii. Invoices are due to be paid within 30, days of the date of involce. All orders are subject to prior credit approval. Payment oblilgatons are, non -cancelable and fees paid are non-refundable and all amounts payable wI be made without setoff, deduction, or withholding. Ila delinquent account is sent to collectIons, the Agency is, responsible for all collecI and attorneys' fees, 4 Taxes. Unless TASF.R is provided with a valid, and correct tax exemption certlicate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order, �seoht 's tight to Make paritial, ahipnoMa and TAS�zK re" pro ismay ehlpfrom multiple jacMicM, AJIshiptnants ore t,X,,W, via rAmn-Qn ca and 111,92 and risk gloof loss pass to the ,Agency upon delivery to the daters are,wimmali The Agency rpay teoct irroarroonftnir"Product,by, ortwhillagTASERwr Mv, notlos of rejecl& within '10 days of shipment , Fa0ure to nDfiry TASER with the 10 day rejection period will be deemed as acceptance of Product, Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or fpcleraB law, Warranties. Limited Warranty, TASER warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of CNE (1) YEAR from the date of receipt, Extended warranties run frorn the date of purchase of the extended warranty through the balance of the 1 -year lirnted warranty terim plus the term of the extended warranty measured after 'the expiration of the 1 -year limited warranty CEW grid. n and Smart cartridges that are 0,!Wdad are deemed to have operated property, TASER-N!"actured Accessmon! are covered under a limited g0 -DAY warranty from the date of receipl. Non-TASER manufactured accessories aria rimed under the mantdactuirWs wwrarltyg "If TAERdatermines that a W49,10PAY Claim �id Mowed Voilhin the warranter 1WJod, TASER OV, no, to repair or replace the PrQdW,.'TASfA` ,ad)@ oe"nslibliIii under thiswavranty, la either neW OF replace with V* same, or ike Product, at TASER's option 7.2 Warfarity Limitations. 7.21 The warraritks do not apply and TASER wH not be responsible for any loss, data loss, damage, or other, liabOifies arising f(om; (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-TASER products Or from . .... . ................ r.le , " a cwn Vs,9w,5W** i ApMderml Mh EAM& 40, to Darisamert lLega6� Vers Gw I I a RCasfie. Date uWN15 Page 75 of 574 HE= the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by, TASER; (c) damage caused by, abuse, misuse, Intentional or deliberate damage to the product, or force majeurell (d) darnagetoa Product or part that has been repaired or modifed by persons other, than TASER authorized personnel or Wthout the written permission of TASER; or (e) if any TASER serial number has been: removed or defaced, 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warrantles, remedies, and conditions, whether, oral or written, statutory, or implied, as permitted by applicable law. If statutory or Implied warranties cannot be lawfully discialmed, then all such warranties are llmlted to the duration of the express warranty described above and limited by the other provisions contained In this Agreement. 7,2.3 TASER's cumulative liability to any Party for any lose or damage resuffing from any claims, demands, or actions a rising out of or relating to any, TASER product will not exceed the purchase price paid to TASER for the product or If for services, the amount plaid for such services, over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, Indirect, Incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns.. If a va4d warranty claim is received by TASER within the warranty peirlod, 'TASER agrees to repair or replace the Product which TASER determines In its sole discretion to be detective under norrriai use, as defined in the Product instructions. TASER's, role responsibito under this warranty is to either repair or replace with the same or like Product, at TASER's option, 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to TASER's websites or M as indicated in the appropriate product user manual or quick start guide. 7. 3, 2 Before dellive6nq product for warranty service, it is the Agency's responsibility to upload ,he data contained in the product to the EVIDENCE,corn services or download the product data and keep a separate backup -copy of the contents, TASER Is not responsible for any ioss of software programs, data, or other information contained on the storage media or any other, pail of the product services, 7.,3.3 A replacement product will be new or, like new and have the remaining warranty period of the original product or 90 days from the, date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced dem becomes'TASIER's property, MOO, -ftmLaga, See our website at for I" most current product warnings. TASER reserves the r9ght to make changes it the design of any of TASER's products and se,rv,ices without =urring any obligation to notify the Agency or to make the same change to products and services previous,Iy purchased. 10 Insurance, TASER will maintairi at TASER's own expense and in ell during the Term, Cornmercilw General Liability Insurance, Workers' Compensation Insurance and Commercial Autornotifle Insurance and will furnish certificates of insurance or self-insurance upon request, M. , ,s n TASER will indemnity ands defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a till party against an .Agency Indemnitee resulting from any negligent act, error or omission, or wMful misconduct uITASER under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agiancy or claims that fall under Workers Compensation coverage. ,Mv FOdenea Coto MOVIOT �M(* Agmainonl wlth Exhllbfta P*W 4 of 19 Departn'llont Legal version: itD Rallease Date 7131=15 Page 76 of 574 ............................ . ............................................................. . . . 12LIPI,R 'gh . TASER owns and reserves all right, title, and interest in the 'TASER Products and related , , Jj; , software, as well as any suggestions made to TASER 13 1 ASER will defend, mdeml and hold the Agency Indemnitees, Marmtess from and against any claims, damages, losses, flat>4&as, costs, and expenses (including reasonable attomeys" fees) arising outs of or relating to any third -party claim alleging that use of TASER Products or Services as, permitted under this Agreement infringes or misappropriates the intellectual property rights of: a third party. The Agency rrust provide TASER with prompt written notice of such a claim, tender to us the defense or setflement of such a claim at our expense, and cooperate fulily with us in the defense or settlement eat such a claim TASER has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon- (a) any mcdificat4on of the Evi,dence.com Services by the Agency or, any tKrd party not approved by TASER; (bi) use of the EvAence,corn Services in connectior or in combinaticir with equipmert, devices, or services not approved or recommended by 'TASER; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or ve,,sloin of any software provided by TASER as part of or in connection with the Eviderice.com Services, Nothing in this Section wiil affect, any worr-antles in favor sof the Agency that are otherwise provided in or arise out of thls Agreement. 14 The Agency is responsible (Cr (i) use of TASER Products (including any activities under the Agency Evide,rce,com account and use by Agency ernpiloyees and agents), (ii) breach of thisAgreement or violation of applicable law by the Agency ora,ny of the Agency's end users, (III) Agency Content or the comblination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or irnsapprop7iafior of third party rights by Agency Content or by the use of Agency Content, (iv) a il between the Agency and any third party over Agency use of TASER products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence, Dom Services, and (vi) any security settings the, Agency, establishes to interact whir or on the Evidence.com Services, is Termination. 15,1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any rratodal default or breach of this Agreement by the other Party, unless the defaulting Party trials cured the material default or breach within the 30 -day notice period, In the event that the Agency terminates this Agreement under this Section and TASER I'l to cure the material breach or default, TASER Will issue a refund of any prepaid amounts on a prorated basis 15.2 By Agency. The Agency its DtAgated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for, that purpose during, the then current fiscal year, In the event that SlUfficient funds will not be appropriated or are not otherwise legally avaiab4 to pay the fees required under this Agreement, this Agreement may be terminated by the Agency, TheAgercy agrees to deliver notice of termination under this Section at least 90 days prior to the end of the thein current fiscal year, 15.3 Effect of Termination. Uper any termination of this Agreement: (a) all Agency rights under this Agreement lmrnediately terminate: (b) the Agency r,emairs responsible for Mi fees and charges inGUrred through the date of terriina0n'. and ('c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency ResponsibiMies Sections, as Weil as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions wN continue to apply in accordance with their terms. 15.4 Afleir Termination. TASER will riot delete any Agency Content as a result of a termination during a period of 90 days fVlowing termination During this 90 -day period the Age,rcy may retrieve . ........ .. .. .. ................ . ......... . ....... . .... . ...... ........... v0enw mm rmstel Svuvlm,Agreemena wo uxtibitt 1105a 5 Uf 9a D41D:1"W.wt L e94 Veltoon 110 ftease lVe 7/3 1 V2015 Page 77 of 574 Agency Content only if all amounts due have been. paid (there will be no apple tion functionality of the Evioence,corn Services during this 90 -day period other than the ability to retrieve Agency Content), The Agency will) not incur any additional fees if Agency Content is downloaded from Evidence,corn during this 901.,day period. 1ASER has no obligation to mainlaln of provide any Agency Content after this 90 -day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in the Evidence,corni Seryces. Upon request, 'TASER will prowde written proof that alli Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 16.5 Post -Term] nation Assistance. TASER will provide Agency with the same post -termination data retrieval assistance that TASER genera1y makes avaOaNe to ali customers,- Requests for TASER to provide additional assistance in downloading or transferring Agency Content W1 result fin additional 'fees and TASER wifl not warrant or guarantee data 'integrity or readability in the external system, 16 GeneraL 16 1 Confidentiality, Both Parties will take all reasonable measures to avoid disclosure, 6sserninabon or unauthorized use of either Party's Confidential Infon-nation, Except as required by applicable law, neither Party will dl'isclose either Party's Confidential Information during the Term of, at anytime during the 5 -year period following the end of the Term All TA SIER Prjcinq is considered confidential and competitior sensitive. 16.2 Excusable delays, TASER wH1 use commercially reasonable efforts to deliver 2H products and services ordered as soon as reasonably practicable, In the event of intertuption, of any delivery due to, causes beyond TASER's reasonable control TASER has the right to May or, terminate the delivery with reasonable notice, 16,3 Force Majeure, hleflPer Party wilt be 1able for any delay or failure to perform any obligatlon under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or, other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, oir. war 16A Proprietary Information. The Agency agrees that TASER has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute 'TASER products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated, 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, not any of their respective affiliates, has the authority to bind the other, This Agreement doers not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties, 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 Non -d Iscri mi nation and Equal Opportunfly. During the performance of this Agreement, neither the Parties nor the Partys employees will discriminate against any person, whether, employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origir, handicap, marital status, or political affiliation or belief. In aE solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shah state all qualified appiicants shad receisve consodoratlori for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief, . . . . ... ... . ............ . .. . Me, rolieim wfn %inguy sarvNc* A?; raementwKh Eohibks Page (1, o? r P u8partment versicr HWOSSO Date: MIW� 5 Page 78 of 574 16.8 U.S. Government Rights, Any Evidence,,com Services provided to the U,S, Government as .°cummerdal items," "commercial corrii sottware," "commercial computer software documentation,` and "technical date" will have the same rights and restrictions generally applicable to the Evidence.com Services, If the Agency is using the Evidence,com Services on behalf of the LJ,S, Government and these terms fail to meet the U:,S. Government's needs or are inconsistent In any respect with federal low, the: Agency will immediately discontinue use of the Evldence.com Serviicm s, The terms "cornmericial item," 'commercial computer �software,," 'commercial computer software documentation," and "technical data" are deflned in the federal AcquWdlon Regulation and the Defense Federal Acquisition Regulation Supplement, 16.9 Import and Export ComplIance, Un connection with this Agreement, each Party, wN coni with all applicable, import, re- irnporl, export, and re-export controll laws and regulations. 16.10 Assignment. Neither Party may assign or WeWse transfer this Agreement wlthout the prior written approval of the other Party, TASER may assign or otherwise transfer this Agreement of airy of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisftion or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to, a subsidiary corporaltion. Subject to the foregoing, this Agreement will to binding upon the i and their, respective successors and assigns. 16,11 No Waivers. The fa1ure by either Party to enforce any provision of this Agreement wiH not constitute a present or future waiver of the prcvnsicr nor limit the Party's right to enforce the provision at a later time. 16,12 Savorability, This Agreement is contractual and not a mere recital. If any portion of thin Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will rernMn in full force and effect,, 116,13 Governing Law; Venue. The laws, of the state where the Agency is physicatlly located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods dues not apply to this Agreement 111i Notlices. All communications and n0tfCuS to be made or given pursuant to this Agreement must be in the English language. Notices piovitcled by posting on the Agency's Evideri site will be e,tfecbve upon pcstunig and ri provided by email wW be effectlye when the ernafl was sent, Notices provided by personal delivery wiH be effective immediately. Contact information fur notices TASER: TASER International, linc, AGEi ATTN' Contracts 1'i'' O N 135th Street Scottsdale, Arizona 65255 contracts@taser.com 16.15 Entire Agreement. This Agreement, including the APPENDt ICES attached hereto, and the Policies and the quote provided by TASER, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or cominurilcalions between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in wrifirg and signed by the, Parties to this Agreement. Ill''TASER provides a translation of the English language version of'this Agreement, the English language version of the Agreement will, control iif there is any conflict. TZ71 I .... ''I''. i� . . . I .. ................w_ .-- . -- . ............................ . ... ... - n ca corn Mastea SeMca Agieemwiwith FxNbi�,s Page'? of 18 Department Legge� ale Ryon: 11 0 Release Mal 7131/20't 5 Page 79 of 574 no= 16.116 Counterparts, If this Agreement form requires the signatvres of the Parties, 'then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original IN WITNESS WHEREOF, the Parties hereto have: caused this Agreement to be duly executed, Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, an the date of signature, duly authorized to execute this Agreement. T,ASER International, Inc. Signatur Na ,- ).11114 Title: Date: Address. Attn- Contracts Email, � Boynton Tithe: Date: 55 Address� 100 B. Boynton Beach Blvd,, Boynton Beach, FL MASS . . . . ... . . ....... .... . . . ..... . ............................ . ..... . ..... . . . . . .............................................. . . . . . . . . . . ...... ........................ . .. rii"a, EvIde ca com Ntasler Sar.*oAgrf,*rrwd with FxhlUgis Pace 6 of 18 U:Paftent: Legal" VOW= 11,0 Relvaaa'DRW V311035 Page 80 of 574 Evidence.com Terms of Use Appendix ,�.o �4,3, Upon the purchase or granting of a subscription from TASER and, the opening of an Evidence.com account the Agency wW have access and use of the Evidence.corn Services for the storage and maragerneiril of Agency Content during the subscription term (Term). The Evide,rce.com Service and data storage are subject to, usage limits. The Evidence com Service may rot be accessed by more than the mimber of end users specified in the Quote, If Agency becornes aware of any viclafion of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence,corn Services. Thee Agency controls and owns aH right„ title, and interest in and to Agency Content and T,ASER. obtains no rights to thio Agency Content and the Agency Content are not business records of 7ASER, 'The Agency is solely responsible for the upl'oading', sharing, withdrawal, management and cl&otlon of Agency Content. TAS'ER will have limited access to Agency Content solely 'for the purpose o'f proy4ing and supporIMg the EvIdence.com Services to the Agency and Agency, end users. The Agency represents that the Agency owris Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Services will violate this Agreement or applicable laws. 3.1. Generally, 'TASER w4l Implement cornmerc4y reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure TASER will maintain a comprehensive Information Security rrogrom, (ISP) that includes logical and physical access, management vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education,, risk management, and data protection, The Agency is, responsible for maNMning the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content, Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or, subkoense Oern to any other entity or person, The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end user's which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an, automatic feature of the Services which provides details as to who accesses the widen data and may be downloaded by the Agency at any time. The Agency shad contact TASER Irhmeduatkrlly, if an unauthorized third party may be us,Og the Agency account or Agency Content or if account information is, lost or stolen. 3.2. FBI CJIS Security Addendum, For customers based in the United States, TASER agrees to the terms and requiremerls set foifth in the F4.4&4 Bureau of Investigation (FBI) ChirnmM Justice information Services (WIS) Security Addendum for the'Termi of this Agreernont _g r TASER will make available updates as released by 'TA ER to the Evidence.com, Services, Updates may be provided electronically via the Internet. TASER will use reasonable efforts to continue supporting the previous version of any API or software, for 6 months after the charge (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities The Agency is responsible for maintaining the computer eqUiPrherit and Internet connections necessary for use of the Evidence.com Services. Qate, PrfyM1, TASER wiV not disclose Agency Content or any, information about the Agency except as compelled by a court or, adrriinatrative body or, requia-W by any law or regulations 7ASER will give n0ce if any disclosure request is received for Agency Content so the Agency. may Ce an objection with the court or administrative body, The Agency agrees to allow TASER access to certain information from the Agency in order to., (a) perform troubleshooting services for the aCCOU111 upon request or as part of our regular diagnostic screenings: (b) enforce this agreement or, policies governing use of Evidence.com Services,,, or nCe Cor" MYaslar Swvica Agreernenl Wth F xl�bts Page 9 of 18 L19all Re ease Date NMODI 5 Page 81 of 574 39� (c) perforinn analytic and diagnostic evaluations of the systems, g. . TASER v011 determine the locarfions of the data centers in which Agency Content wifl be stored and accessible by Agency end users For Unified Stater, customers, TASER wdl ensure that all Agency Content stored in the Evidence com Services remains within the United States including any backup data, repNication sites, and disaster recovery sites. T'ASER may, transfer Agency Content to third parties for the purpose of'storage of Agency Content. Third party stibconlractors responsible for storage of Agency Content are contracted by'TASER for data, storage services, Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence,.com License unfinnited data may be stored in the Agency's Evidence,corn account if the data originates from a TASER cfevice. For use of Totally Unlimited Evidence,com Licenses I'ASER reserves the right to limit the types of content the Agency can store and share using the Services, Additionai end users may be added during the Term at the pricing in effect at the time of purchase of additional end user's, prorated for the duration of the Term Acicl'€tionall end user accounts will terminate on the same date as the, pre-existing subscriptions, TASER reserves the right to charge additionai fees for exceeding purchased storage amounts or for TASER's assistance in the downloadi exporting of Agency Content Soryltdc TASER may suspend Agency access or any end user's right to access or use any portion or ail of the Evidence.corn Services immediately upon notice in accordance with 'the following 8,11. The Termination provisions of the Master Service Agreement apply, 8.2. The Agency or an end user's uise of or registration for the EvicenGe,corn Services (i) poses a security risk to the Evidenice.com Services or any tHrld party, (ii� may ,adversely impact the Evidence com Services or the systems or content of any other customer, (iii) may subject TABER, TASIFIR's affiliates, or any third party to fiaWilty, or (iv) may be fraudulent: 8,3. If TASER suspends the right to access or use, any portion or all of: the Evidence.corn Services, the Agency remains responsible for all fees and charges dncurreld through the date of suspension without any credits for any period of suspension, TASER will rot delete any of Agency Content on Evidence.com as a result of a suspension, except as, specffied elsewhere in this Agreement. 229WROrwfi s(a TASER warrants that the Evidelnce,com Ser0ces will not Infringe or misappropp'late any patent, copyright, trademark, of trade secret rights of any third party. TASER disclaims any warranties or responsibility for data corruption or errors before the, data is uploaded to the Eviiclenco,00m Services 10 Ne4her the Agency nor any Agency end users may, or attempt to: (a) permit any third party to access the Evicence.corn Services except as permitted in this Agreernert, (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evliclerice.com Services- (c) reverse engineer„ &sassemble, or decompile the Fv4dence.ccrm Services olr apply any, other, process or procedure to derive the source code of any software included in the Evidence, corn Services, or aflow any others to do the same, l(d) access olr use the Eviderce.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas, (e) copy the Ev4dence,ccrn Services in whole or part, except as expressNy permitted in this Agreement; (0 use trade secret information contained in the Evidence.corn Services, except as expressly permitted in this Agreement" (9) resefl, rort, loan, or sublicense the Evidence.com Services, (hl) access the Evidence com Ser0ces in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence,com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (Including copyright and trademark notices) of ours or our licensors or or within the Evidence,com Services or any copies of the Evidence,corr Services; or (j) use the Evidence com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious rnater4, to store or transrm't material in violation ofthird party privacy lights, or to store or, tranwil malicious code. All licenses granted in this Agreement are conditional on, continued Pape In 01 18 FWelase Date 01112016, Page 82 of 574 m, -,%aTL,IT — IL oompliance. this Agreement, and will immediately and autornaticallyter minato if the Agency does not comply with any term or coindiVon of this Agreement, The Agency may only use our trademarks in accordance with the TASER'7radernark Use Guidelines (located at www TA,SER.com). . ............ .. . . . . . . ..................... . ...... . ........ . . . . . ... . . . . .................... ...................................................................... menl wr EA&IR, Page I I of 18 Re*ale Date 71312015 Page 83 of 574 Appendix apf 8,,ML,: The Ipro]ect scope will cl of the Servims identified on the Quote. I.I. The Package for the Axon and Eviderce, com related Serv"ices are detailed Wow Setup AxonO MoNe on smart phones (it applicable) . Configure, categories & custom roles basad on Agency need. Ticubleshoot ITAssues with EVdenoe.ccm and Evidence cam Dock (Dock) access Workwith IT to install EVIDENCE Syricsorl'tiovare on lockedl-dewn GOMPUterS (if lippRcable), one on-site, sesslon included . . . ...... .. ..... . . . . .. . ................ .... ... .. . . . . .... . . . .......- ------ netigRon Work with Agency to decide Udnal location of Dock setup and set confIguralioni, on Dock if necessary, Authenticate Dock Wth Evidence,com using "adm'l credentials from Agency. Work with Agency's il"In conliq ire its network to allow for rnammum bandwidth and proper epierston WtNwi Agency's network env4orinteril. On s Me, Asslistanca Include bid i 6i ia.- I5.F6Ywll mi. i n-ai-&-n-r . ........... . ...... . ....................... ........ Assignment of a specific TASER representative loir all aspects of planning the Product rollout (Project Manager. Ideality, the P'rl Manager w1l be assllgried to the Agency 4-3 weeks prior to rollout liw... _�_F —1-111111111"I'l— ' . ..... . . . . . ....... . ...... .... ..... ...... ... ...... himir r ekly project p ann ng meetlings Prol Manager will develop a Microsoft project plan for the rollout of Axon camera ll [socks and EVidence.Gorri account training based on size, lirning cl rollout and Agency's desired level of training. Up to 4 weekly ineetings leading up to the Evidence corn Dock instaliation of not more than rNifill 41 length, '"" Al ril '........ .. . . ........ . .. . . .. Provide zon%iderations for eslablishruent of v,deo policy and system operntions best practices based on TASEIR's observations with other agencies. Discuss importance of entering metaidata In the field for organizatJoin purposes and other best practlice for digital dotal managerrient Provide referrals of other agencies using the Axon camera products and Evidence,corn services Create project plan fix, larger deployments, Recommend r6out plan based on rev�ew of slit schedl . . ....... .. .. . _` . ........ . ........................ . _`____"__""` . .... . . ____',_ . ...... "Wi i- I.O.-I-Itif I-ro-Z& Wiifi "iN6, stiss,il 2 cn-site sessions arch providing a step-by-step explanallon and assistance for Agency's configuration of secunly, roles & permissions, Wegories 8:ratention, and other specific sellings for [-."vudnncie,ccm, �Z iiaia, iiii .. . .... . .......... ...... . ----- .. . ....... . . . . - .. . . ....... .. . ......... . .......... . ........ ... . .. . . - - . . . . ................... Pnoi to general usertraining on Axon camera systems and Eylidence.loorr services, TASER's on.sitm professional services team Wil provide Iralil for instructors who can support the Agency's subsell Axun carviera and Evidenaxom training needs, . . . . ............................................................................. . ...... . . .... and-- s -v,, p, p, 6-11, a a a a i o in s 11rovid o individual dll set u p and configuraton assistance; pa i il with vi l s when a ppNc�a til e i and tra6nln g on dean use, Evidence.com and EVIDENCE Sync, f�... . . ......... .... . a6a ........................................ . . ................................ . ........................... . .................... . . . .... . .......... . . ... . . ...... . ........ . on ument pac"ll Vvi0oticis.ciorn administrator guides, camere fmpiernentot'8on guides, network setup guide, sample policies, and catugoriil & JOBS Iq tv 0111YOW, 1.2, Additional trairrilirg days may be added on to any service package fcr ad&tionaf fees set forth in the Quote. : . . . ... ............. rrsa Edence l Master SerWca Agree rmnt MO Exhlible R"QR .2 01 18 Dil l Veillon- 11 0 fWil 02W 7113 1 r2ol b Page 84 of 574 ... ...................... . 2 11. TASER is responsible to perform oNy the Services described on the Oucte. Any additional services discussed or implied that are not defined, explicitly by the Quote will be considered out of the scope, 3 'kA WIlAuny'k 916- 3.1. Hours and Travel. TASER personnel will wo,rk within normal business hours, Monday through Friday, 8:30 a m, to 5:30 p.m., except halldays unless otherwiseagreed in advance. All tasks on- site wW be ;x)qbrmPd aver a consecutive firneframe unless otherwise agreed to by tie Parlies in advance. Travel time by TASER personnel to Agency premises will not be charged as work hours performed 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order Changes may require an equitable adjustment In the charges or schedule,, 4 The Agency authorizes TASER to access relevant Agency computers and network systems solely for the purpose of performing the Services. TASER will, work diligently to identify as soon as rea,sonably, practicable the resources and infcrmaiion TASER expects to use, and wil' provide an initial itemized list to the Agency. The Agency is responsible for, and assumes the risk of any problems, delays, losses. c4rns, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency, 5 'I. Prior to delivering any Services, TASER will provide I copy of the then current user documentation for the Services and related Products in paper or electronic form (Product User Documentation), The Product User Documentation will Miatude all environmental specifications that must be met in order for the Servi'ces and related Products to operate iri accordance with the Product User Documentation, Pricer to, the installation of Product (whether performed by the, Agency or TASER), the Agency must prepare the lnstallatlon Site Ir accordance, with the environmenlal specsfications set forth in the Product User, Docurnerlation, FcHowing the inst0ation of the Products, the Agency must maintain the; Installation Site where the Products have been installed In accordance with the environmental specifications set forth in the Product User, Documentation, in the event that there are any updates or mo0cations to the Product User Documentation for any Products provided by TASER under this Agreement, including the environmental specifications for the Products, TASER will provide the updates or modifications to Agency when they are generally released by TASER to, I'ASER customers 6 &qjqgW1MJq&qNJfl. TASER will present an Acceptance, Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section, The Agency will sign the Checklist acknowledging completion of'the Services once the on-site service session has been completed, if the Agency reasonably believes that TASER diJ not complete the Services in substantial conformance with this Agreement, the, Agency must notify TASER in. writing of the specific reasons for rejection of the Services within 7 r;alen,dar days from delivery of the Checklist. TASER will address the issues and then will re -present the Checklist for, approval and signature. If 1ASER does not reiceve the signed Checklist or a written notification of the reasons for the rejecticir of the performance of the Services within 7 calendar days of dehveri of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a walver of any right of rejection 7 LIANNI)t", tot, 1w'QLs OrCarr"V1,1,9 a, a. The Agency is responsible for (I) instituting proper and timely back.u,p procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data: that may be damaged, lost, or corrupted due to our provision of Services; arid (iii) using backup copies to restore any, Agency software or data in the event of any loss of, damage to, cr corruption of the operational version of Agency scftware or dala, even if such darnage, loss, or, corruption is due to'TASER negligence However, regardless of any assistance provided by TASER, (i) 'TASER will in no way be liable for the accuracy,, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by TASER, under 00s Section is without warranty, express or implied, and (16) in no T_ ...... . . .. . .. . . . . .. ................................ . .... . . . .............. __ Ve, LyhoArrA ",on »r„ Svnj,N�e AqrpLment'4�#, f::xhjtt5 Pop 13 of 18 t)Rpartment, Legal Version 11 Own ORO onto M`112M Page 85 of 574 -rI^IE31a'IIIMI ............. event wail rASER be HaWe for, loss of, damage to, or corrupflan of Agency data tromi any cause, :i . . . . . . ...... - - . ...... . . ........................................ . ..nom, - - ----- Y , , -- "", ........ . ........ . "'- Ue' EMdOnCO COM MWO1 SaMirA A.91COMOnT wV ExNtfts Page 14 of I E verworl RMONS" 0,018, Mt*01 5 Page 86 of 574 ARM Appendix The TASER Assurance Pfan or ""TAP` has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term, TAP only applies to the TASER Product listed jrii the Quote with the exception of any initial hardware or any software services offered for„ by, or, through the Evidence.com website The Agency may not buy rrore then one TAP for any one covered Product. Th'I'WREFAT , qqygl, ,. TAP includes the extendedwarranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of Oie'TAP Term and continues as iongi as the Agency continues to pay the requurcd annuai fees for TAP. The Agency may rot have both an optional extended warranty and TAP on the Aaron camerai product. TAP for the Axon camera products also includes free replacement of the Axon flex controRer battery and Axon body battery during the TAP Term for any failure that is not spccif�caily excluded from the Hardware Warranty. TAP Term start date is based upon the shipment date of the hardware covered underTAP, It the shipment of the hardware occurred in this: first half of the imonth,, then the Term i starts on the Ist of the following month, J the shipment of the hardware, occurred in the second half of the Month, then the Term starts on the 15th of the folbi month. JE r TASER wdil provide a predetermined number of sp,aie Products, forthose hardware items and accessories, fisted in the Quote (coliectively the 'Spare Products") to keep at the Agency location) to replace broken or non-functioning units in order to improve the availabihty of the, units to officers in the field, The Agency must return to TASER, through TASER's RMA process, any broken or" nor, -functioning units for which a Spare Product is utflizeid, and TASER wffi rc:pal°ir or repiace the non-functioning unit with a replacement procivicl, TASER warrants, ltwNl repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at TASER's sole option, , he Agercy, may not buy a new TAP for the replacement product or the Spare Product, 31. Wdhin 30 days of the end of the TAP Term the Agency must retum to TASER all Spare Products. The Agency will be invoiced for and are obligated to pay to TASER the MSRP then in effect for all Spare Products not returned to TASER. It all the Spare: Products are returned to TASER, then TASER will refresh the allotted number of'Spare Products w1th Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. TAP 1. Upgrade Models are to be proi as follows during and/or after the TAP Term., an upgrade will provided:, In year 3 J the Agency purchased 3 years of Eviden,ce.com services with Ultimate Licenses or Unlimited Licenses and afl TAP payments are made, or (ii) 2.5 years after the Effective, Date and once again 5 years after, the Effective Date it the Agency purchased 5 years of Evidence com services wlith an Ultimate License or Unlimited Licenses or OSP and, made all TAP payments, Any products replaced within the six months prior to the schedi.0ed upgrade tie iH be deemed the Upgrade Model Thirty days after the Upgrade Ii are received, the Agency Must return the products toTASER or TASER 'will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence corn licenses for the' Axon camera products the Agency is keeping, The Agency may buy a new TAP for any Upgraded Model, 4.1. TAP Axon Camera Upgrade Models, 4,1A, 11 the Agency purchased 'TAP for Axon Cameras as a stand-alone service, then TASER wifl upgrade the Axon camera (and controller if applicable)i, free of charge, with a new on- 7Bd_a . ............ . ..... ...... . --i . ..... . .......... . . ..... . . .. . ... . . . . . ............ . ....... . . . . ......... . .................................. .. .. P Department Legal VeWm to Rvesse Date1 791117C15 Page 87 of 574 officer video camera that is the sarne product or, a Re producl, at TASER's sole option. TASER makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. if the Agency would Bice to change product models for die Upgrade Model, then the Agency must pay the price difference in affect at the time of the upgrade between the MSRP for the offered Upgrade Model and the IVISIRP for the mod6 that will be acquired No refund will be provided if: the VISRP of the new model is less than the MSRP of the offered Upgrade Model. 41.2, If the Agency purchased Unlimited License or OSP, then TAS5R wU upgrade the Axon camera (and controlier if applicable), free of charge, with a new on -officer video camera of the Agency's choice. 4.2. TAP Dock Upgrade Models. TASER Will Lpgrade the Dock free of charge, with a new Dock with the sarne number of bays that is the swane product or a like product, at TASER'sscle option., If the Agency would like to change product models for the Upgrade Modei or add addificir4 bays, then the Agency must pay the price difference in effect at the time of the iupgrade between the MSRP for the offered Upgrade Model and the VI'SRP for the miodel desired. No rekind will be provided if the IVISRP of the new model is less than the MSRP of the offered Upgrade Model, pfh,itgn. if an, invoice for, TAP is more than 30 days past due or the Agency defaults on its payments for the Evide�nce.com services then TASER may terminate TAP and ail outstanding Product related TAPs, TASER will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then-, I S. 11. 'TAP coverage wli terminate as ofthe date, of termination and no refunds will be given 5.2. TASER wHI not and has no obligation to provide the free Upgrade Models, 61, The Agency will be inv6ced for and are obiqated to pay to TASER the MSRP then in effect for all ,Spare Products provided under TAP, lf the Spare Products are returned withiin 30 days of the Spare Product invoice date, credit: wfli The issued and applied against the Spare Product invoice,, 5.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP, 5.5. If the Agency received Axon Products free of charge and TAP is terminated before the and of the terim then (a) the Agency wdl be invoiced for the remainder of the M!SRP for the Products received and not aiiready paid as part of the TAP before the termination clate� or, (b) only in the case, of terirrinafion for non -appropriations, return the Products to TASER within 30 days of the date of termination ........... . . . ............... . . . I ............ LvkloAi com Mntw Service Agrcwrmi�l Wti, Ffts Page 16 of 18 DEP,Snment Legal Ve w1 r ; 110 R285'3 Data: 7a111MG Page 88 of 574 Axon Integration Services Appendix 1, Torre. The term of this SOW commences on the Effective Date, The actual work to be performed by TASER is not aiulhchzed to begin until TASER receives, the signed Quote or a purchase order, for the integraficr Services, whichever is first 2. The project scope will consist of the development of an integration module that allows the EVJQErgE-,g-1- �, services to interact with the Agency's RMS so that Agency's licensees may use the integration module to automatically tag the: AXON & recorded videos with a case ID, category, and location, The integration module will allow the Integration Module License hoid�ers to auto populate the AXON video meta -data saved to Vie EVIDENCE.com services, based on data already maAti)ined in the Agency's RMS, TASER is responslible to perform orify "the Integration Services described in this SOW and any additional services dfscussed or irrpled that are not defined explicitly by this SOW will be considered out of the scope and may result In additional fees. 3. E1jQJn All Integratbn Services performed by TASER will be rendered in accordance, with t'he fees and payme�nt',erms set forth in the Quote, 4.DORAW I 211knM, ww''wamtzL 4.1 Support After Completion of the, Integration Services. After cornpletion of the Integration Services and acceptance by the Agency, TASER Will provide up to 5 hours of rernote (phone or Web -based) support services at no additional: charge to the Agency'. TASER will also provide suppod, services that result because of a change or modification in the services at no additional charge as long as the Agercy maintains �L-VID, subscription licenses and Q Q VNCC -11 Integrabon Module Licenses, and as long as the change is not required because the Agency changes its RMS Thereafter, any additional support services provided to the Agency will be cnarged atTASER's then current standard professional services rate. 4.2 Changes to Services. Changes to the scope of the integration Seryces must be documented and greed upon by the Parties in a change order. If the changes cause an increase or decTease in any charges or cause a sched(0irg change from that originally agreed upon, an equitable adjustment in the charges or sctiedule *0 be agreed upon by the Parties and included in the change order, signed by both Parties, 41 Warranty, TASER warrants that it will perform the Integration Services in a good and workmanlike manner. &Eq_gRt,@ p th a completed Checklist (Checklist), certifying TASER's _q_L, TASER wdl present Agency wi completion of: the Integration Services,, 11 Agency reasonably believes that TASER did not compete the integration Services in suldstantW conformance with this, SOW, Agency must notify TASER in writing of its specific reasons for refection within 7 calendar days from delivery of the Checklist to the Agunry TASER will address the Agency's issues and will re -present the Checklist for the Agency's review. 11' TASER does not receive a wrUen notification of the reasons for rejection of the Checklist, the absence of a response will constitute Agercy's affirmative acceptance of the, integration Services, and a waiver of any dWhit of rejection, 6 ftlut!E�11 I �15FRJ �114 TASIER's successful perfcurnance of the Integratior Services depends upon the Agency's 6.1 Making avablable its relevant systems, including its current RMS, for assessment by TASER (including making these! systems availab!le loTASER via remote access if possible) 6.2 Making any required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to TASER's performance o�f the Integration Services; 6.3 Providing access to the building facilities and where TASER is to perform the integration Services, subject to safety and security restrictions imposed by the Agency (including pfovAng security passes or other necessary documentation to TASER representatives performing the Integration Services permitting them to enter and exit Agency premises with laptop personal comptiters and Ev�canca=m r Ser to Apree;;�" P I'll ag I'll 0 I "I'll 7 0 "1 f Department Lepatl Vemon: 11 t� Raise me Dole, 773112.015 Page 89 of 574 any other materials neqded to perform the Integration Services); 8A Provid'ng aH necessary infrastructure and software, information (TCPfIP addresses, node names, and network configuration) necessary for TASER to provide the Integration SerVces; 6.5 Promptly insWinq and implementing any and W software updates, provided by TASER, 6.6 Ensuring that all appropriate data backups are performed, 61 Provi&g to TA,SER the assistance, participation, review and approvals and participating in testing of the Integration Services as, requested by rASER; 6.8 Providing TASER with remote access to the Age ncy's,Uft,5S,#&,9M account when required for TASER to perform the Integration Services, 61 Notifying TASER of any network or machine maintenance that may irnpact the performance of the integration module at the Agency; and 6,10 Ensuring the reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and Ap-to-date documentation and informaLon to TASER (these contacts are to provide background informabor and clarficaticri of information required to perform the integration Services) !20 Lj 12NMS,;R xqeam .1Ayj*M"9 P,#,f,. vHjMkj—L, Agency authorizes TASER to access , . _ , jlpl. Agency's relevant computers, network systems, and RMS, solely for, the purpose of performing the Integration Services. TASER will work diligently to identify as soon as reasonably practicable the resources and information TASER expects to use, and will provide an 'iridial lernized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, cWms, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency Dofinlitlons " " (;7e rraFD SeMces" mears the professional services provided by us pursuant to this SOW. — — --, — ------t —Maqtm . . . ........ —page nepadm,enj LepaV ve*(Mli 11.0 Klivease Daw 7131r? ', 5 Page 90 of 574 TABED International 11rviect Ufk Praieci. Trvfb 17800 N 8501 St. Scottsdale, Airizona 85255 United States Phone: (800) 978!-2737 ax; 480-9191-0791 Joe DeGulbo (561) 742-6126 (561) 742-6185 dcgiufiqj@bbt4% Hwro, o5mon Beach Police Dept PD, BOX 310 Boynton Beach, F'L 33423 us *Nok, this will vm-y based cm the shipment dale of a5e pioduct, Sbip To: Joe DeGuilio Boyninn Beach Potice Dept, - FL Beac11111W, Heyniori Reach, FL 33435 uS Quotation Quole. Q-92696-3 Date- I fi 131/2017 8:15 AM Quote Expirsfifin: 212012017 Contrac(Stail slate"*, 11112017 ContrutTerm: 5 years AX Account Number., 111065 Year I I [ardware - Due Nei N) 0111 ITT NI 0 DESCRIPTtON UNIT ---- UOTAL BEFORL DISCOUNT (5) NET TOTA I PRICE DISCOUNI SCI 74001 rvry AXON CAMERA ASSUNULY, 'UNLINE, USD 399,00 USD 31,920,00 USD 23,4)20,00 USD 9,000 00 �AXON BODY 2, BLK No 7402Ua1A.01NETMOUNT FLEXIDLI' AXON US T) 0, W I I USI), 0 00 usn: o oa ust) ow RA 1111)LOCK 807'4021 MAGNET MOUNT,THICK OUTERWFAR, Us,,) 0 W USD 0,00 US D 00) UK) GM (AXON RAPIDLNUR KO 11553 SYNC CABLE, USB A To 2,15mm USD 01K) USI) 0,00 USI) 0,00 1 0,00 l4 70033 AIALL NI BRACKET', ASSY, U SD 3 5, �K) USD 4901.00 UM 0,00 UK) 490 ou EVIDRNICE COM IXXX 14 74008 AXON DOCK, 6 BAY -+ CORE, AVON DqI) list) 2o,910 (XI USI) 0 00 USD 20,9X00 wwwu.................. HODY 2 1,495,(K) 14 67026 ....w. ... . . ................. TASER ASSURANCF,� PLAN DOCX 2 U SD 2 � 6.00 USI) 3,024,00 . . UST) 0,00 . ................... U S 1) 3.Q 4, 00 A NNUAL PAYMENT 411+ 74006 AXONCASIRRA ASSFMBLY, ONI..jNjI,,, USD 199.00 us f) 3I,920 (.Xj USD 3 1.920.00 0'm AXON 110r)), 2, BLK MAWh"T M (OI IN1, FLEXIOLL, I Uso 0 ou USD 0.00 USD OAD ... . ... Page 1 00 Page 91 of 574 ()I -y UEM N DE5xCRIF110N UMT TG"L RVMRE DISCOUNT (5) 6i14101AI, PRICE BUSC7101.lNT 711,Zi;""F'MOUN 1, FHICK OD FEAWFAH, -77 LmncDdb usu 0 01) IND T100 I LNUMV AXON RAMIAXWK S VNCCAI USB A 10; W�f USD A OU USD U1.06 USD 1) 00 1.7818 0 W -7 .........................................1 . ......... '71"'7usf)81.60000 I 6n U�D 0.11c PAYMEN1 AXON HCDY I Y"R 1 mug) ('7 711 AXON SWNAL UNYI I �Sl) 279.00 USD �63.10 . J0 USD 0 00 rmurvm,..... . .....rvuwwn USI `00-077 =1 SD F4 "N 11(4) 7. ➢TI LOU 7, 1 `0 20 USD i,JID Year Q IhMnam - Do Na N Tud Wn DlmumW usu x"mo Vear 1: 119ydwart - Due Nef 30 Dlscuuni� Veto ]. Kardwart - Our Nel,30 NOAMOVVI Dwe, Y. L h"W. mm No 30 qlv r um 0 rjIFS('RLl PTION UNIT 100" 1. BLFORE DISCOUN I (S) NET TOTAL 3 ........... ... ... ... . .... . . .. L, VA I)ENCE, 1� "I �Pl L; r� 1A N1 A W LU F NY 7-7 A" 5,77,"7 1 ............................ . I . .. "7�, ),`�,K4LLOC . .... . .... LOD U U T_ W3 7T,'8"` 77" FAYNIE141, DIt ..... ........... hVM1,NCE CON4 llNClADFD SVRA30', 61) a 0) USD V,cI0 LJS 1) 0 Du L) 11 1 0 D91 1 11 11.1 xKT(A Y)(3,K) 7��00 01(i .. . . . ........... .. I, A ki su tmax YEAR I PAYMENI" 810 LV(LIM kI (. ON4 INC! SlflRACiT UkD 0 00 u` 11 o clo UA) 1) 00 USD 0.NJ -8`5 Wu ------- hVWENCHAWITNIFORATIA �'L� 14,4 (0 ------ 71- MIT 37 0 I A UFN SE t ANNUA L PAY Im rN V AXON FUJ, SFRVK'L� ..... .. ....... USD usu lymm usu I mo on Us) H I= 5,000,0) N0.10 Dluoum,. �nnmmmn r50 (0 U 'fear I E)ldtic leexum Due Net.10NI Anumul Due,-, ... . . . . ....................... Km) . ............ . .... . m I I . I ................ -1-1 u 9% 007 coy rHm x mS'I)N UNIJ J, F0 FAI. HTFORE Discolwy, (s) NET lUlWL j PRICE VISry COUNT .... . ..................... 2 . 74K . . . . . . . . .. .. .. ......................... AMA CAM&A AWMIUSONUM; . .... . ..... — — - UT) 0 oU nSD t_00 AXON HODY 7, BU 2 74U20I DSD 010 !AD GA) 2 .................... . . .. .. .. .. .. .. . . ......................................... WONF V WH iN (K.) V1,RWEAR, IxSl) 0710 USI) III AXON KMqjAVUK 111117` 2 Ill ('Z,117 0 15 m tl� �4(,� usu 0 0 WD 0 00 sp. lWd ANII P, kc ................ ....... .. &DIG Npm Net A 10 11 Due, Us"D a, 00 Yew 2 EvAemnsurn. Un nim 0 U-SCRIPTION U NIT r(frAl. BEFORE DUSCOUN] (S) NEI TOW., VHWE Dm(MUNI, 2 4 . ... . ...... T'm nFNcT mm i Doi orm LKMNR,�ksD NKM HSWSY4000 Wn HO IND "Moo" 1900 M H 0 F V � D F,W m m Q L N u h A m m A' . LOD "J . .. . . ..... ............................... . . . . . ........... um) 1100 . . ........ 1A D 0,00 UST) U)0 Page 92 of 574 I v ITF, m 0 DKISCHIP11,10N UNII' Discouxt (s) NEI "PUT&I PRICE DISCOUNI RRIM 8 1ANDARL) PT' :U� 1,47F COM ➢,TCPN'% I M) '1010 P I � sl) 0,66 7177519U-X-.)� VFAv 2 V^IYNILNI I °V 1I)LNC1.J VIA IN[ 1,1 d)H) Sl GRA IiE — US D 0 DO — I — - — -------- - ------ - I .............. ' tyll bmu . ........................................I . I . ti ylum WD 0 4) 14 i8'%26 IASFR AS9UF.A,N('F'I'7 AN IAXX 2 US0 �1607' . . . . ............... (7 . ....... usu l'I'M wo IM w), ANNUM. PAYMENT ....... ...... .. .... — — ---- ... . — ... F V NC 41 111 MI 10 FIQ KA �'I ()'N . . I . ... . I . .. t'l SI) Ho'Do l) N,40(� (Y), I M) 0 30 .. .. .. .. .. . ND 14ANTO LpTt,'�& VNN,�A� PA'YW',,'J� . . ...... . .......... ........ .... . — — --- - ----- - - - — . .... ... ... — .. . ... ................ . .. "i'ver Z - EvIdirmcccum latil IRI'tar III acuumv'; l'IND I, (.Io764 010 Wir Z - EvNirmexam Net kmmmi Mc LSD D 1H NM) j "101 Wcmemn Qry ITEN1 4 DESCRIPIH)N I NIT UYFAL UJIME, I "scom, Is) MET UAW PRICE., 90 sslls LVHVNem" h UJ IM iAJMFTD LIKANSV USij 948 (WN Us D 15 x4f, (9) 1111) ;:IO ust) 75,8,10, (J LA P, P'^ V vl ural 7a1 I ------ ------- mw VILTIM NCIA1(pNWHIRA61' . I"ll I 0 00 . . . ................................................. . U 11, D 0, 00 Up) TOO um) DA) 25 �TW S ANDARD FVIDFW.'F Co%% 1,� . . . ....... ........ "Al wo NJ um) 11MUD um?Rm USD TN Of, MI Ali VA Y %-1 E NT . ........ . . ...... mm ........ U I D . ......... . . . . . "HWMT swo No umm SWRMA� IND LIAO US' D Ul (00 UII51) ()"X; ................................................... J'I 0 0 14 E9702h 1ASER ASSUMANLI PLAN WILK 2 U�D 216M I)SI) J.2100 0,11) (11,00 USU )Io2i3Oo A NNUA�, PA)'%l I �N I RO ()%I, I NlFGAA 0N IM") AU0 ........... Usu 14 4(y),(K) USD 0,00 USD KIN C'01 .... ........ ...... . ........... . ....... —'— «<,.W.. Year Lviduace.cum 100 Before ... . ........ l NI A I0" PirA a41) "i'var I- Net 41navrlt , fivc 'I I Om; I oo 7114 u(J A) I' fTT.M4 HIESCHIPIU)N, LNrr ]"OTALHEF'014F I I IN I al N'�r � S) NE PRICE ImscouW . . . . ............ I "v "iId I N 1 V B F H I Rl N M IND MR Do 1: S D 75 A 4 0 X, �&D 0 Im USE, su 00 V AR a MI M 3,700 W, iFVl0PNIlJ US() �"Vv umi II X) . . ............. . .. . . .......... 25 158MA S I A NDA I D F C(Ad 1, K T) I fl() US0 730100 ISO fj Illr 1�,' ,I) 7.1 )O 0 YLAR A PAI MiS I . . . ........................... k vAi)''NCF I ONI rNCVi 1)111 8 IUKAVLUw) RAI USDOM9 VIM) ww IND 1100 ......... — ..... . . ........ 4 q 7 1 6, 2 IN !) 216 010 US") )'024110P 1101 1, JS, 1) 102 4 IR r0,N I,.1 A 1, I'A',"M L N I . ... . ........... l!", . «. . ........... ........... '�77 wqDMj T&UM I&I LUR Al K)N UST) LNU 1-1,110I USS) U.N i S 1) S 4,4 0 0 00 VI sNY�ANNUAI I'two I k0dence,vem DAR] BiI fliscoIatiiEs: Us[) t6u,N)2,0 Vtar 4 XelAmomil Ihic U%V 10'),"'r4 q)U rLim nym # DE.SCR11:11, WIN Ulls] I' I 01AL Bl"HWE my"ws rjI N U I OTAL PRIUL UNUMAl ... . ......... X 5 1 �'7 Fv I IIEN C 1,, GCW Jl,`,� LI NU I W IX ENS E USD "IN IND 75,S40,00 US D G,K) YEAR � N0'NC,,N I 1 ", 95 Hu F%N)iJ NCII..'CUM �I' ULLDFL) sl OR,A(7 — — . ................. ....... . . . . . . ................. Pap: 3 of 5 Page 93 of 574 Q,I,v Immo DESCRIPTION i.Nnr varALFILFORE DISC01wr IS) NETTOTAL 15 05011 S TAAND. R !AIDRD FVEINTNDECF1 C,'0Y LACV,NSF I [SIB kocon LIS D D166 9110 0 u USD ,00 sn 1,600 (N) Y LA D Y M 506 851'1C FV1 IVNICY, CC M iNC 1, 111) h! 1151 (JH,%C F 1 "817 0 01 LSI) 0 . (0( JI Usf) oko 14 4 711li f -ASER ASM TRANC F, PLAN I)OC, K. I list) � 16 Qu USI) 3,02,cx UISD 0 Ml USU 3,024.00 ANN UA 1, PA VNIFN'l .......... 80 AS 100 �V[DENCKCC)M IN W 0A USE) 18 V 00 TAD I 1,400 GO 9,06 USD 14,4W° OR IAEENS'E: ANNUAL ......... ....... . . . .. .. .. ........... . ........ V EnctwD JX),MAR icar I - vIdeom'Total Brf Disr"U"lls. Us Year, 5 - NO A Us)) hw),764,00 Subtoul ...... . ........ . .... 75;1�ITYZJJD Estimsud shipping & llandbrtg (".Ujht�l�Slb X53 9i f Grand Toul) USD561,7v , I page -1 of' 5 Page 94 of 574 Complimentary Evidence,com Tier IN& quote cjrtciiees a purchase of eithm the 13,aslc or Standard Evidcnce.com license. You'M11 lem,por=ly receive the features ava4able with the Professional hoonse for the las sic and Standard licenses purchased meal September 2016, This is: a free upgrade 1,0 yout, aoC.Q1301, so you can enjoy all the hencrita of out most reeturc rich licemw tier, In September 2016 you will be prcirlded, to sellect which uscrs you would like to assign to each ticr, This will have no impacton uploadcd data. Axon Body 2 Shipping Axon Body, 2 is avaiablo for d4vcry between k -1 0 wcoki after purchase date. You will be nafified if there am nay delays. TASER m4erves the right to make product chonees, without notice. Signal Perform amce Power Magazine (SPPM) Pre-ordu '11aank you for your interest. in the: SLgnal Pelforr=cc Pcwcr Magazine (SPPM), This pec -order is a commitmeot to purchasc the SFPW,The SPPM is available for delivery qiovg in Noventber 2,016, Yoga, will be notified if there are any delays, TASER FCSCTVC,'S the, right to make product charger, without notice. Tfit SER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a cowrurt and you certify that you have road and agree to the provisiom; set :fordo in this Quote and TASEW4 Mawr Services and PwchasingAgroement posted at You represent that you are lawfully able to enter into contracts and ifyou an entering into this Weernent fat an entity. such as the company, municipality, ca' government aeoncy you work Tor, you represent to TASFR that you have legal authority t* bind that entity. If you do not have this asillicAiry not sign lhts Qwcl TA�SFR International, Inc. Signature; Niarne (Print�n Title., PO# (it needed). Boyntan Reach Police Department Signolure, Date: Nairn (P rl 0) 311lez 1104 (If needed): Quotv; Q-92696-3 Pi se sign and email to AndrewMCIICD di atncl1cn@i;iastT. cam or fax to 4M991 0791 THANK YOU FOR YGUR KI'SINESq1! `Protect Life" and t aye tr9dervaiki DrTASHR Inwrnaiiorwl, Inc,, and TASEMID h;;a regvexed trademark of TAST75t InicroRtionol, Inc,, regisivrM in the US, 02013 TASER lmemailonw% Inc, All riChThresvvtdi page 5 of 5 Page 95 of 574 16 17 18 19 20 21 22 23 24 25 26 27 28 2'9 30 III SOLU'TION NO. 1117-011 A REIDI OF THE CITY OF BOYNTON REACH., FLORIDA,, AUTHORIZING AND DIR.EC'TIN('."r11E CITY MANACER II IA MASTER, SERVICES AND PURCHASING AGREEMENT j1LND ALL RELA'rEJ) DOCUMENT, SUBJECT TO ('.[TV ATTORNEY APPROVAL, VNI111-1 TA ER INTERNATIONAL, INC., FOR THF "I"URCHASE OF 80 BODY WORN CAMERAS AND A VIVE YEAR SUBSCRIPTION OF IE VIDENCECOM FOR UNLIMITED STORAGE OF ALI. VII)FO FROM THE CAMERAS IN THE MvIOUNT OF S561,783.92; AND PROVIDING AN EFFEcrm,' DATE. WHEREAS, the Police Departmem is requesti.lig to purchase 8O body worn cameras wid associated digital evidence amnagement soffivare which will niclude the necessary storm e' managemen't tools ard training, for a, successfu! body worn cameras preyTam,, and MIERFAS, this will also provide wAimited storage l'or all video recorded using J "ASER equipment ard wil I henefit the Police Department by not havinp to purchase more storage space regardless ofwhat happens with State retention laws or agency policy; and WHEIRE'AS, staffhas reconumnded that the City COMMiSSiOnapprove a live (5) year SIbscripzion with Evidenmeorn and the purchase oil` 80 body worn carnems ftom Tasor International, utilizing S49,737,92 for the Cost of t1lecarneras from the Federal.f"OTfeikile Law E'nforceinew 'J'msi, !°iirtd and the Five year subscription ibr unlimited storage in the aniourit cif` $512,046,00 from the departure ntal bLidget, NOW, THEMFORE, REIT RESOLVFD BY THE crry COMMISSION OF THEI C11"4' OF"HON/-NT0N REACII, FLORIDA,THAT: 5'eQ1:i!jn 1, '1 'he foregoing "Whereas" clauses are hereby rafifled and confirmed as being Inie and correct ard are hereby made a specific part, of this Resolution upon adoption. hlemel Page 96 of 5' 74 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ,49 50 51 52 53 54 55 516 57 58 59 60 61 62 63 64 I '17he City Commission of the City of Boynton each, Florida, hereby authorizes anddirects the CityManagerto sign a Master Services and Purchase Agreement, along with all related documents, subject to City Attomey Approval, -%ith 'faserInternational, Inc,, for the five (5) year subscription with Lvidence.coni and the purchase of"80 body wom cameras from Tascr Intemational, 0ne., utilizing $49,737'.92 firer the cost of the cameras from the Federal 1°0rfCi1dTQ, 1,44 F,nforce-mentTrum, Fund arid the five year subscription for unlimited storage intbe ammint of $512,046,00 from the departmemal budget, a copy of said Master Services and Purchase AgTeernew final document is attached hereto as Exhibit "A". SectiO113", This RescAution shall become effective int mediaiely upon pasgage.. PASSED AND ADOPTED this 17'6 day, of January, 2017, AT'm�"sT: 1h A. Pyle, CNIC, Clerk (Corporate Seal.) CITY OF BOYNTON BEACH, I�LORIDA Mayor — Steven B, Grant Vice Mayor -Mack McCray Commissioner — Justin Katz Conurdssioner — Christina I., Romelus Commissioner — Joe Casello porar� Inlemet YES -No Page 97 of 5' 74 41111k, 1110HROW N Axon Enterprise, InC."S TASSER 7 Agreement . . ....... 911 7' pufCh�,,vse i Axcm frq,,prpt,Il�sea Nrr4:, I-Axori A,ip.'-my wjil[ r,ec,era,,TA5fR 7 Erterg.y Weiii i ("CEW ,t aCCeSSUCIRL warni and sevAres fdo(;�,,i,nwnled �n rhel amm�hed,(Juote Aropenrkx,� i .T.I 111E, Stirl r9ate V -s baqje,,rJ the irm= Comm cA TASER 7 turdwave �� Start� Datial"), if Qpped in the fiml haK c9 the momlk the Wl, (,,)ii0v ais the i cif the 1okVM(lg rrvwahII Apped in I he W W (A (he rnpMh�, 1,he S�am�),alg iS lhie, I "„Ntt1 uf thein0rvkMng rnd,mvth, "I'he TASER 7 temi vAl end upon complebon of the amocmaWJ 7 s(,6�Hption uta Ow, Qiii,"i"IM Lev, irr"I"Star-fil mg on Om Wpmil am al TASER 7 as, rle5cr, Oheil atmve, 2 IMER-7-DIVUCOU4, "�iaqlimmmnt � �,m. tlr ttlle Quote imx,hj"s "TASER '7 Duty, C rtri > Lkk0nSe,,", ffiN i5iietction 4mpPimm s."'N m rust of I te, rASr.lR7 Wild& Ri�p0ico;oera Rlar"� fiv, each CEW user is induded Nn the AgEm-wi,/!i fees paid use a CEWjn&m,flneufdLJtY vlg)d DrIles Mal orfly luise a CE'' fbo' vWnogAgmy nmy ri,rn Ir ll undei, 1ASTR 7 r4W,11, Ax()IoA,P� re%dki(mce 11.16466, rYl* W,,�e,, cOfhlivy iralraingrli4,e oulute indr,olles twlc,m aivnual iosm,mor rjraWr�iirig vimmm And onoaro mw mast'ler 0 Sl:rucror vmxhen AjWWy unmt use he varmAm wilh� ip Ni 1 Year crf 6Sv.oanc*, Or the d)(h'r,mvil k>e vcl�djhghg the Tym, VAH il�,,51)PAgerKy avwoc lii�r �nmjmmll$v Dievi ojiy,flg am thei SNul CWte, The vaucheF has nD cash vakie, AgRnry cannm,,e��icham ige 0, Ib F anothel" prc,)ducrt ir,,j,r serviceI the QwNe indudes Axon �W)nfine 7`riall6ingcvr VMoiakeahty C,onlent fcoHeoNely 'Trajoflog CoMenCY Ago, nviaiy ao5,5 Tra,,in��rmlg Ccmvrenr ttrkio& OPP, Ten-ri, Amm vfhHl (dellrive,r ah hahhg CipMem, erer-,tronim,,Mry, IOHess 5(med ki Qvoirgell thc� does nic,t iriclude "trzvO E1XpN?$15,ES IIMm.mmDW hythe Ajgm:y Nn atiendifng, such tirahiir-W"uanaiwiH 4, F00VM M. Lhlil(�Ss St Cffied Uj1m 0 l i K0,(% AWAI, wV 09ke 09BXy on UV Wt DMO and own OoMe Stm Diate arrilversary during Me TOW it MW i�)Wy(IWVIS are i0ecledl, PaVinent is due nei �N) days himin the 001)vl�e, ()bNg00v)S are Agmr�cy wiVI p ry 4,wokes miubma sm0h delmom or WkMxddn& WAS Agemy pcmWes A,mol a WaIM arW 'tax app4ka0:4e N) Me purchime and Qpm, locat4w; Wi Is bile ah raxes wWrvOke lot(ler', WN onA X (,'� n fflrPe MA e p vt al s Wip om v,n 1, 5 a sl t,p frorn rnk�ftiplei AH 0'riprin,Eq 0,5 W.Fobisftj, 0% via comnwm vwrWrZn0e and r1k orllogiii pasv[(,DA� dooeqjoMe CWnmon cmykk Aqpmy 4 Fa"Y milly, sl 9 hillign"w'W IIIY h ltw,)" Qtllcit e)", Of any 0 the 'Qrd 9d" IIncfilicfes �iuture cft0veriles of Amon veOR slilp har,rivi tia i4gericy's vi.m)clidiress Ujr0'W RjQt.lAjA:j,, AH rir, are aire Picoir,,in doe,V mpyt ;mHirnlw ovexchar%ge% except warranivy as praddecl gym qijltv 7 Aixmn ii1s. IKM Amommam0aiHmed haWwam is kee Jyaser yieekent cop (lpultmll m 147 n. 1w D () C:x ,,, 6 Page I P4 12 De piA ri t Vl, pga 11 VM10 R; 211 R"kileh"Ybe [Ddit& I 1/201,11�20114, Page 98 of 574 Axon Enterprise, Inic."sTASIER 7 raAk Agreement ............... .......... . ................................................ —, frorn deferis In m�m*mariiship md matehMs for I year kom the dae W AgMUIS rMeWt. ,AxOrl wafrants its Ammn-manulklured a4":1cq,s�xkhe5 lcVr �,O,,,days rtIie, fj"m"12 0"l, 114'givmV'S MCOPIL LINK CEOW irlieeirrwd Ri, I LmIi? 115pe"I'llated propert"Vll N(W "'AXIX'r DoI ane nct covered Ire Axcar'V,-.' owvranty, Apn,:,ry shot� e Dad rl�vvlacz tfiet t'f I.B1 RAI.Krtortil' Si HPpr'I of no"i Am,�)rij ri"Im 4atu aed hajai dwim e. for pupows of dad ty� SM Ond hOWS HMed M the QuMe are Axt�in inantjfxtumd acccmsmIfes, if mor; receives it wand imar,raoet, .r 0410"N11 (m, plix"'On I nanufactureid hantwme/ rJurinig, 0 Ve warranty tern% Axorls He resporiMblity"s to repmf at replaII Vie, Pmtdware intilItthe �5,ame Wy Nke I Iar4jyoore, at AXOM OpMon,RepK(,,!krraerm Y4"'H bl", &'iew im ke Iwyv AxnffrwiH ,An,%'rairl, 1Ifte re;�uLarenrenl, han'lVilme for Oe k)ngef of 0) Ow remAong mammy of Me, Wginal WAY= oII, �h) 190-ciciys fircmrrr Ow (toe cd repmr or INpacemem, H ffie Qiw" Jaei rrlil,.Jkude5 an e:o'er'u'i'e6 wamrcmlty C(Poetage bi(TVf)Is ort, fl I'VE'" Start Date, mml canfin�I for the, 7erm Wr he hmcfWam oyvoIed by r),re, exiendecl Nwai'ranly On the Chmme, It Age, emlanps hwdwmv or a pal the mpbrerrnent iteral, amd the repated Im WMnes, III rvopertI Beftme ilwlefive6r�g Kanfvhain,� fw 5,erv4R,, US "')Ikmid hwdwmv dma m, Axon EwMence car as not respormMe II WSS of sokwam, dala, or 4.WPN0,r W&JOYM0311, CrMrtakiled ah nWda OF Wj part ol r,,t)e Seflt Vx',i Ajkj&"1i NW SeMde. WArranly. Lftn""m AXOrI f'a)lia"Hitu"re V) fcO,xo instmclIiom oin r'rse, Cb) pH Was Usec, P"foduzqs w110r Mornmended by AXDN (r) ab i.Sie, mahomb or to tiw pmrhmtp 1d) force muNeuse: W) pruluns repaIled Dr rmadMed tj�t, caher i A,,xon mul,ICIa mie waMen pmBion of Axorc or CII), a IIJ6"I'ce(I cp)'r ren'v-mver9' o'f niurnt"-'Ue' 'to the, extent permi,tted ble lav, the! awarrantle% I reniedies, set forth Above me exclusivo ai:nd Axon cII imarramolos, renmqd1g, and ggn4jVqI wtgoee. oraN or written, statutory, of irnglib ed, as perimai,tted IIby applcaW* low, If, statifry 14v,) I u or, firmplied warrMnatl*s tonnim be 4whI distlAlhitd, the.e! alli Uiitih wyarritntie's are lifflited to the duarAtitini Gf the, iOxpret%'wAxranty desc6bed aboveand limited �y thim tomned lin, thisIAgreement- Axon"S zany toe arty laI ordaIrrI resulting from any Claims., demands.I actions ia riskig but GF or relathig to any Axcjqn( 1weduct wM1 not ex!ceed- tkhe purchase, prWe p5d to on Not me prodUCt or Iffov services, the amount paid for I servicesover,the pirl*r 12, Imonths prt eding the claim.. In n,imt w01 04h party be Katie foar ea,,ny direct, spedak WOW, indIden tal, "emplary, puniffiI, com, nag seque mlial dar es, liuvrever 'caused,, whothor, for bIrear'bi & warranty, breach of contract. negligenice, stirict Habilky., twt': or 19 '5paje� prqdwcts"Awn mav prWe Agem:N a Um rwmOer 04 SpMS for TASUR 7 Nedwane in the Camerspare P'rodlucts-)' 5;;r'are IfAgeriq ..................................................................................... PiWSB loysef Aw,eemI x 261 1 Page;! ON M'',2 II b"Jio'j ymmm: TO mWome cmm: I Page 99 of 574 A X0 N Axon Enterprise, Inc."s TASER, 7 Agreement ....... . ....... .. . . and Ami'M u 0 v I n ;f ii repalk or r epUme the nonOwOutung un,,ir. ff in10"I rl!ki it 1) 5 p,J, QF-1 Od KA S, t o kxcl ni Win 30 days Uf tim-" t t 04�hlli)nof 0�,l5 Ag q,,PkYr)nvaci to Jkfeeliq� V�e 11i 0'� ,e ffer it f ii al I i N rii m ehariecf sill O"'OR."Juict 5.. 10, RAd.el-In, if a IIS on thie AFpmrry l iN,,,mJ �,,�airlrfvi arrid AN CeSSONS Assodated vyhh the Wount ViTrade& nit a)to Axon, Ag,,eiii trill si�',tp grolund SNporl, Axon vdH pay the shjpKg cm% c)lf title, m ff NXe.11, fl(pits not feceive TradvfrILhrtfts withiirthe hmekaire b0hw, Ammi MU Awoke Agwy Ow Me 4'rf tlte iradi,4n Agmcy' Clot Tm,i'Je.in UnA:�l, aru.t re(76,4ve a ",wirnriam, starit va -ie Less t1 �a'n 'I (�Ooffwes ............................................. LAMM ---------------------- 100 ro 4%9 Wkw s, .. ................... ... .... ........ 12 00(�g.n CSU,, AXOC)n rr�jjawrake cttangeii, iflt)e, a,psngri, akr"�V Of Axoii)"S Plrt0LJ(1$ Offld 'Servilcvs IM'OHXO niciOfyirlg, Agero:y or rnaWng 1N; Same II tmn, rou pilloiducts, anidsiervices, J"' eirluusiy' kv,Jvi m1 tml rli emd uf Ile prudu,,,ts wto rhe nen k.generapnort of wirhc""uNjl, nl,,gJ"1Ol7l1-lg1 Aglelrir,y, T orminatign- if pa,mem for USE7 1� 30 pWt dUt Allon m4l; termhaw Agenry's Pi, 7�ICIullq r*'tr k 0 p,,(JN in 1, e ern llin at t o n fb r Et t VY rlf� al, Cj- ft, � il,& n, a l; o if it i, ti. dal'e nf rqlrnfinarjffqn: 113.1: TASER 7 extendemi warrarrt�es and uICMS do Tlrao krlg Cit"Jill N' mfii tv"'nN�late, rik"�) t efi�, Inds M H I'll grilvvri.. I L2. AmmuM H dwoke Apawy am remkaif�, kr iig M'SFtP fil TASER 7 j�iv odu)ct s neceiv�wKJ 1,1wfore v""I rrpVif Ile r1Y1A14Wr'tg' forAiJoris' Axr,:,rt wflR t ikyt rrvQi,:,e Agenus J Ager,"KY r4011li INP CRY, biltory. Whaen ikick cam, uWnhg SWH, ml lummed C8 nsUges io Axon AdWin 3D days of Me We of Wli" rt"Onmkcwr� The Ag"611CV, W H prowid" nouce of such thWry (301 ClayS all We"NiNNIg UU1 NN -911a" s needed to rinimmamahN arvernern, have nut beert, approprOted. IL3, Agpv�cy m4lf be iv*iongbi Nis payment of any mWed paymem du neo the teuvnarioir� DoJicjre U3 punTuse any rmure TAW 7 FOO, A. . Pig iiiimH iu,)vp irli,,,aspnabW Neon"" s to deRver prodkx3s arml isvmAces as SOOM as _]ppy,5 if M Jrver y 19 interrupted due to EA07 ftf'CA, Al01,11 delay MM viefth WA5U'. Agemy aVves AwQn has and ;Lims vwhus pmpHdpj vQ3 A ateN iafs kn-ltjx&11ed� , and, I .................................................................................................................................................................... 1TMTT77T77-Mr7T,",r1,1 —, 711TW38 Tih%& 51,26 L"FaNNO, Mtge :i or t2 Depas tn'teUra n Mgjj'bd vewwr SO, RVOODe Me: Page 100 of 574 Axon Enterprise. Inc.'s TASER 7 a 'aa x A, (m) [A Agreement . ... ... .... destris that constAutie Axon a,nd Ag gerdc,y wifl nIV Q0 cause anry PF0,13fifUlly i if,0-9irs ltt) be vic�llawd. 16 (Qn(J#tntj4jjty, P)e,,Af,'e()(y„ s P'l 0bNc'. S'N jb�'eclt to Olw pAer I Fk'xida Su'fltvVes. Axor !01.3 II r lan'q'wly WN0-i No6dat Pubhc kwwds I aw. Spec MrMy, Amon shk! Keep w'uid rrwinlan pulttk reconis required 'by, Agepncy to perforr'n 0�w 1 &2. Ups"elmTj ctiFox'w"i"im-(,,�lfpubfic, riecutcl,,. prrlOfile Agencywtl'%Irawpy, of Ow leww= ilpicipo"j-, 0 , q a�liow Me r"pKj tg le b5peited or ucpteJ IM0141 jl mawnaWe Ime at a cost that does mW enee d Me nost i 1tl I I'll, rl'al, Sldk or as cjw�ided by law� plut-'fllkc recaridsthatfare exjerrt,,,ptw Uut w*cwMdwabhnd emaja Hain pijbk wcuwd WeWure nm ths"clty'sk as 6or the Am= of she-Agreemnent tefnllN 00he Apvement, Axory desuciry aH cooes of such con%AtWi and exemp reawds remwkAng N� 1"s possyess,Jlorli once Ax0l transfers the recoeds wVts plossess0r�i ta, Agff,i"iwcy; anid 1&4 k %pm ce:urr%phVNan of the Agreement AX011 ShaM VanSW to the AgenqF at no NM to Me A90% W rexm k1s, din ANom I,x p,s s e s 5, � c, t i, Afl xon must e ,prmp�dei tlwd ve Ap%cli, � frinin ll by Ai�,e Arnryls o�,,,5to6an of �,vultikr reN wds, in, a format thar is roirnfmkiltle im0li, Ow ihfmaiahan 14, $., If AXON HAS QVfTIION$ RECAARDIIING TAE APPLICATION Of t:HAPTER, 1,19, FLOIRIDA STATU',ES', TO AXON"'S DUTY TO PROVIDE BLUE, RECORDS REILATING TO THIS AGREEMEhM% CONWI-THIE CUSTODIAN OF PLIBLIC RECORDS: CITY CL ERK -CITY OF BOYNTON BEACH 100 EAST OCLRNAVE NUIE, BOYNTON BEACH, FLORIDA, 11415, 561,7424061 UTYCIL ERKO 88PLU'S 17 EXPO" COD391JAW, PlAftY wdo N'�ariply will ii a]�,rnf�Nvt Nd eiqpilcjrl cw*na� lavvs ar'Wr seguWjvrv5, etgr ni,,,oy nul; as"501) W transle� thA, Agreeritenvi. mahout AxoWs p"or wr%n lap'l'yov"aL �,w W'ws umf T'he 16'w''ated,*lhof)�A' refe4er�ce 1"cl cor4bct cid, IYJ'w gwvern 1%reement anlditrry clll,�>'Pixlv flw'at imise Stweei the pathes, The, Lhilled, NM$ry,"�s, CwwvMmn For IN Intermatm,mat Saleal Goods N'lcl*5 nW app�ly 77MT7 T7777 -77T7, fdlmAM TaTicf Arjree,rrkerur, 5, 21,6 (firW) Page 4, uhf' it Z I rgM KI e� leiN 5e Va at,,w° 1 0 (2, 10) 9 Page 101 of 574 AXON A�xon Ente rprise, I nc.'s, T'AS ER7 Agreement . . ....... . ..... . .. i . . . . ...... 'Subcontractor' means a iperpon of enWN Rm pmWes, W,)cfr, or sprvk'ps 101 M fip�ur a i,;u Iinlractor or anWher sukornractor Wi @*changp, (o salary wagivs, m orho,m� ren vi H, wratkm,'m. "F-Verile splem" nmeans an Internet-Nr5ed, sWem tWper'-tiHeJ by the Wvrtul simes Dipm,porfln,enil, r,)f HommWmd SmuHly thial ahofws pmr'*�Jpaung empto'yer�w to demfor'OcM�I!y 1, 2021, Ayovil vias requAired toWW',� art od ut,,,e, �i� ie!, in order to verly tho wtvk �m Afic'mpitaW MaWs of AN nr,!My I N,ireid Axr;"d has fb( and R&''kzefd fl"vf� U'S, DejWOi trm&V of RumeWnd Sevwiw)�'s, E -V rd'y 5, v*!"04,y WHtw @,,rrWpkqrnent A4 pm,sicos employed by WWI to, peAn, empRoymera dwWs mANn FbNdT1mMg Ike mrm orMe Aemmen ml' AM by r5WVS (jadudng assIned bry man to pwrhrm work pkjriqjanjtg�p the Aptement Wtirr crw Oty coif Bcp'ym()91 B('46)), uv'vd agreer" t,me,of the uS, Cr prnerq cif Horrieland Seirurity',,, E, -Verify a"stpm 6uiflng O,Ne wrrn OeAgeerftOit' 1.5 a, �(,),nqjitjk,(prgf ttle Agm eer? �ntep Y( 011 11 0 u Iw ly ur'8qo It,cm Bealb N au"Id 1p Ax,,iorr !,NOHli ni,mply NAh the puraWslam Df Sean & 44&095, FS Stat. Qnploymem Asa s "urnendecd trcmrw 'flme wo men RAs lnWeq bui W rwx WWO it) ar,"J utiRzatioinii ofliv iE-Nim Wfy Sysrerry to Moefjily themm'k status c)f aflW(i"'�"Vvly, Wed ernpk7yees. Axon shaH aM require alil SLYIXV M`a( 1,04'5 1,13o am@nMgOwt Mesubconujum dots riot mplay, CoNratt Wh, jOth, an umawhoWed alem. Ami shaH nuvamn a Impy of MKIr affi';Nrvitfor rIPW, ('h FW) , 2,11. Cool Vie" cr,, 7ettviinaGori� 26.11.1. if th�&-Ageinq� hias agermld faHh' hizhif'--f uhat'a pef'Se'W'l ftr enflry WAl'i NO'Ok1h ft I:s t"Was krvcmiirq,)�y Ocrated si, 44&D9 01 rW, Mao the Agmemen'� WO be terrnimared,, 20,11, IIf the "ency has a SPOO Fa oh beBO OLal a s.44 NV950 btiv,'VueAm�m ott'wm W m5'eir o 1p P, rj v, i 1, 1 15,, 448.1)95 f,2) Flia. Stat, O"gp"noy '5 pall] promjptly nujHy Axx)ni and ror�,Ier A"�'n W immerfiatiely ternfinr,OV,° the convAct w4h the subcommamr. 2' .I A contraic�t tienn9noterl junder raph a) 'rur Ll) Ills1nort a breach! Of mnvma and may rvrm be conS62re,J as su,J,) Z& M AmphaMenge to teanwaumn undee RNS 9WOvWOmmuM be hWd 0 the 0p mW Cowl c'4 IPaVrn Be�ih ((A,mrqy no hoer Qhmi 20 caNnAr d"s a%!r Me date of tcrnrjnjtrnn, 2111 it. of theAlreenvent is tern'Onalecl for uN vicm ahu"'n cfltI e statule by AxGmi,kxr,n may rot be amMed a pubk cenmracr by ihme Agersov for a pewd cmf I yeau RUCETO Ism AgmemM(, 5aa6 (F:una�) P' p# �a SIA' DepaOmiemz LogN wmvwr ZO luwme ban I 1QWTA9 Page 102 of 574 Dcx r4Fol IE4m" rr"a- Axon Enterprise, I ."S TASER "agreement 2" ,1 S. ih We Ager er eu�rrtir airrrn��Gi � � � � statute! ","�, "r .. . ._ ...... � _ ........ z ��° �'r"nr �a rli �Ga:ur�r'a f �Ihn Iby.x,,GmK ,urnar,rwra'r rmay not be awmAed a I uMm: eB"haraca bly O rnry for a of I year after -the-, date, of r: rn,flrwiocm,: 06P , rrXs utuon of this Agreement, un -acc rdami 01h the r gruiroml�, r"nr of IF ° .287-135 and! �h'u_1 21 uta S ,xr.,wi r'rartif e Unit an:urararu Gni mat Pari„Gr'aN rw'rRg in, kaar°,> t ru✓f 1sr ura,., Axork furdl°, r° certi6es that Axon Is not on the S rna6mf.z rrrupanNrou that SoycomN Isn.o6i hSrp a, B'B thilt,lacruiJinized rrw,g rnnr Ihn r,�,'n °r;G iaSud ra USA, and not fun the Sutn rAWASS in the Ihan elrol stand Enewgy AM LAN', or, has Avon I a nr ed rlurn NmIIMra sr ra[AWAa:N hsNIS Sylrrwl.. $ubjecl. to Nfinfle: d excepOorrs. prodded ded rm swe bw Me Alm, wAl not rwmanAlir° the grPB'° =ra Ifp� .� r �r�crsAce n irti any scr tnrnNr ' mil,,ipany Weriend air above, jn.ufarr'aorrtiun fa]ser rr6aa�,,ali am K4a,ll e r 'r$ ra rnaaureirn N The er"nr.'y� ,040 ptoyWe rrwjtilace, rrr ru"gnr) �. j"OAX011) raf tl prx-y's rd t rr - irnmilmn r onceirnirr " the fatroe cerlifkaboni, u~° XOrl Shafd have, f"iry dayt, frarrr rrarr ihat of nuke to rehite the as se certNfurr boara 49grkp mamtA Sudl We, , r r a i ';nwu ur r'n 'it rflryw r d My the a0mm r.arr!hg°'a d N m Axon,, shNI dr Xee munet (90) day's fat"'Jow 'lino , relO r f rine r r,3tlN)T� TQ r Gra 4ftirg and demirrms ran:e aNN"awat the or rrr'ncdrnorrn ofWe cr>anMc am,oafs made w,il err. rar°.. Nh Axrjln does, not dr"rrrPrstrate that tti ,w ,Ager r.ys dezerrr i rnnflariNra r"n of F Ildse rarr&Riiw n mms Ir'��rad 'hi ermr then the Agenq sW have Ww right Burr rarraM nate the rr°oma et and "no r -k atW Ir@,,rn du sra,r uaryr to Section U % Wda SUra;W,res am@Wed WrMm to a.ur e- 22 N hk5 A, r e n"rm, McWdcg the ap peIun!dVces, tepi,eser ts, fir' a eme, ,r rent tmomeem "th,e Pxftes— TINS Agreement supersedes, aallNl firuoa Or unckwitamcH n ;m woKethei written or ""r r , mg r Nru , the uN�ect rro;aar r: r al, rhrir yaeiamenN. AIS Almememt may oNy be, rrnr ff,,ri d r�rr aimended iiia ra wr uhrBa s;,i rari!Xn by the, pranec NNS ra Cclulrr f r:'ampete.m jur'isdlr a,on Werr" ra ,Gr rr uli r Wrtln rr'N, Wh6r or uwunerrWreahk die remairflrwpoirtNrrrry -,,)N tIINnus Agreemenl, will r °rrrrGrrn In eN°f6t:., `:airc n 0rra' ur "dent atly* ldenNed Won Il�r°� a"` d they hove hay"Ira exr«IV mrrlN°nrnr rred to exeme 'hh"a6aa A,g,r err'nem inn.of t't°B " daw ref' r rr sears Axon IEnterprise, Inc. Robert rr r Ns cn:r l l awm,,�: Tftq : VP, ,(IC. 45em nrai w"aammell IlDruaaa' D Cy .. , n 'As VO am rrt e!!Bft, rasps Ag ,eerV L-mr S 266 a'Ir°mu%r''i N0044 73.06 ["'.na."' ,,n';,'p rmgp ars of 1. I��aud��mik�r��urr r�i�ar�r VaYP"ryr4"µrNir:°I� Page 103 of 574 AXON "ain Enterp ri se, J nc.'s TASE R 7 Agreement TASE R7 Axon, Evidence Terms of Use Appmdix FOR—mm" MM -Agency, ContmmV" N, chma) up[maiiled intc), �,nZes;lecj kayll or cre,aipd In AxQin WHrp,V9rV AguarvIyN; A6-nara_ intri Awrtn FVWkFrnf0,:- LW Y Airv�W Conten�t VFxludeS Ewil(IlleiltCt tmitexr1i Wd e, ts Na i-Cantem rlata. WwWWnce" I mm Ma or MuMMMMO uphmMd Am Axon Elidence as *AdwwW by an Agmy. EOiclenice us a,p.bsedr of Agency Ccmterm, _N0040memt Dow" Ws da"ta, JrW lL)Uaiag�e, abltm a Axon E",Adenv�;e tprvant, Axiv MWes and chem Mmore, arW, tkseirs ttm IVs Vrm,,�'faqerl when ulng AXWl Devims, Nar;CoMem Oma MA,ude's rpaa at)oLa USOSC'6(pr'UQ'!'ej du6"tvg 430104HO mandgeiawl and cuMmer nMport aokih',es, IrNaa does inrh;64.'� fl w T,SER 7 Axon Ev Wenc e cm, u ptioW t T'eirn t)egil vs r ,in tta� Si�,aq q„)qate, Upon A= garrfijng Agenlil"y J 'TASER, 7 Axion F%tiidvirY cie AF mrl y nlMf auess and use Axon Mum W the Storale mid W id,atgi 1W N�m TA15ER 7 CEW ([w;6jrV'# rlh(� FASER7 Amy)(1 Ev�"(fenjj(�e sl��AJS(L� Tll�'rffw. Age,!ho,�' W'nay ni,,,,-),t ujAMDml ,any V'Vcwr� IAS,Etil� q data to Axon 0he Pliluir,F]IL,er io,l than thme tN,xW�te s�,xiJfies, Atemy gmEftmy Ontmt, ;%eirwz"'V mrltn,ds d"%nd lo"O"ats 30 6g.piq)' 1jr', and olleirest 0 Contf"".,'M',f,xrejp�, as oxjOlned hereaW ),, mon A= no Interest [n oklency Cantem, ancs Agmy CoMeM are nmol b�,As Ineri,5 relr,01idS Of A*0en, Aggrlcd� 1,5 tApkm&Jinp, shartn& rnanap pn�,g,, ani(l Agency CumeM A= w0l Nivm, ak,'f"55 W A�'��1,11141 y Camov sWel Cur mWOrg aml m,gopcip"Ong Axon Ap ,enq a md Agero"'hl e 0-("Jsers Agmxy Mew against accidera a I mnmWwhA Wss, aCMSS, OF ?llA(](mmFm Axon wN MUM a irill , c'm"IllmoVon smmitto prum AxvEmlenreAgetv',','y 1_4mntent umudhE h&W, PKVsic"M irig qMltl �'Osjxm'6'0' A)� ellwid@/(KO� @&Vlalioft� arlid, data pmMorl AS MOM lu% destribil!d, MPJll ana 'and fmattlei"l �44)' C� "VS A9f MWOL, Amn agmes to i he FedeW Bure&.j M Ion C6mk J"Wj"Y'4110e A 111joirvnal Se rvkes SYN ('U rive AW n d U m r 0 bmed Nm e I �M 2 0 , Agelmy is nspriMble for (a) efMU6nlj,;A,geni, usferrs ii esie,rO'Ager"cy CoMemnAmn WaKe &0Wtj1rSl �'IiIs ;Ua(,'.�ernent W(mx"s" arol r'llpressary comptaer Rli,,�,uipnneinl and llntfll�,�et CORRIE'Eliam foir luse CA, Aimmn Evadencev of tih5)V,,ppernent [)y'anend-oser, A'g Wn ll” I9a I Asor A9TOMT17119111r1l' $r P6 0 HWO) (P;A0.V06 bUn,W; Q1 RaWape 7 of 12 Pq,mrtjr'rw,nt kepill "Versi,jorv, 2 01 Rk,aie, 1I�16! 11 11,2011,20 d' Page 104 of 574 Axon Enterps rise, Inc."TASER, 7 4j*j& A XON Agre , ement ............................................................................................................................................. Or"'ryie(fi'llely mown Vurt end corns ar% access to Wrl Evidence, otexy 6 ago tlaa ujkO'ag ste'ps to WWRMNII apprqp0meneemiry and ar(-,ess, by, end,-Uwserr�a to Agency coll��ent, L,cg,,(�n .WV Jentialls are for Agency IV e orily and Agie�)'('Cy rllj�y V'Icll sell Ill vmlllsfq"(H '1llJlbk,Cei rse N � wrrrto arky or, WXY WMK CMVMI Axon irrirned'or*y H, am unak'�idtlor ij�el(Vth4rd parr'y tm-,tV!,Jing Ago,'.°�jt'ys aamu nt or AIM, CwArV or r! ac,coun,,t inif orjnlaton js klsl N""pIr lsro�'en(' Axorl wfl I not Mose AgwKy Content or any lifprn'iatiiyat)DAUl,Aiper Kly lex'(ept as ramp~ by a cowl ix body cc requied F"�Yar"fy OW r'N WW Owe rmike if amy 6s0j.wwure requmst K ft:f�r Agency, I(",Qruem SO A4,,r;enty nmay fit,,,e ari Me= wMi lthe ci,,)V.,mj r),r Atgelnky, mi'd agree' s th" "'o 'wwt rnay ilio win ss Agen ve Conleen q',n ardeF to: la) pE;rlorrriV IroubleshniatimF WFIJI'IeS UpcmV n?,qriie,5)[ Q as pan of Aman nQnWnaM* Dr d WImnlic screerOngs; (bl enforce this 0%reernent or p06b";ies ,lownQ LAAl afolk,,xi'v"nEvW'derwe 11,C) Mirk ewhWWW Mnucaril thar, ic",an Ibe tjssml to W qgjsh or vat as an WyMmars klent 1"wrMoanie,m wriiien, imbbrwd ooc'aI'hee p"et scpnar kfen"Ofyi rjpr, wnaVon 1 ha�, is knkeo or NOMYI-e ir du a spo(,,'Jfk", � rIdN"Wd,u,.'4'l KOHMNOT "'PI I, rXII) i"M%Wforkee, analit suppon, cuperate Axctn'S oirrerit ari�d fiut'ilj�'e prorlm tsaniil pr%dres- 5191,12s, 'A"XM Ui'ay ptatel Agenq 10��mtenit� W Agmade y has ncq viekM�ua J aiccessed Ior Ei mwn% Wo arthwal slorage, For purposes of Md,j), Age,,ney Cthn,'I"erg': I'hx I'las, been Incrloecl Rion whAval 5r,�,,rrage ernains Agpi icy Crp� Agei ii c y,C,n vr'9 F, #,,,, B rl� b ailchMO m 'rage W'011) mol: I rlP�tllie rlray take upto 24 Mum to access-niel Agenqy� dau� vefli -5troreil umo Ms Apmonom expWqs or tenninates, SWIM ID sephn I a o"h% Appw= W Owl, is rnaire thai� sM�x inlar!J10,15 cMd' WMIHI, I:Ve rnoovd ti:) &Tcbwal storage a,H W wv,W ricxM 1,* Irni� im, data n pri i r N,itry Axon rMay t ransfer Age rtc,,,y Cont, ,rad to thini 1�iarty mwbrontraa'R':m's �orsticvage' Axllcjr%MH"' Of lia,ra ceriters koohere'lkg VMied. For thiled States agenoJes, Oowin 'voiffl ensure w0111 Content sumed in Axor-'� Nielo-rul,", (04113iinw, wgNn the tjlri�K4&a 5t;,iltPs,, ("),00nee'O iqof i4enry INgency, 10 SumpanaWn, Axon may at jend A,, rtry x'r'e5s or lary"y errdku"5e'�is r ig'N lo, a(ITM) L)l any polimi or of Axon Evidence irnmiedillatety 'Iptrli rrol*", of: 101, 1 he, Ternihoun pTuwforrsciifthp, "r'A,$f,P 7 TPvirn5, irm, �,iijn imrd-usees use cd or reoguaRn for Pwlivdewe (i) po!;ie5 a,5ei,:pn,',y TJ,�Jk ltta Man EvfalV rtlq� r3r,W �y tNrd poty, efl""'ty ad"versely, arnpjcr Okxtor,'� EvVder�,,Le fite sy"Sltrll�� of ('JYR� rct ol, ejrq oO w2le" CuStown'er, (iJ�) �nzresubjr,--rt, Baa any MM d rony lo or (�v)irnay iriw,chaentu 'N11'aira aespinnsib�le kma MI fees jrwurTed dmirjjt,ighW the dar iof sus�:wriskan veiflr'na any, civilits Or arry perAd U4 SUIpenl6n. Mori vewifll rrtn, dele�,* ar'M,y of AgencyCionivire, or,,,u Axon Ma 26pind) (0040106I)OUN) Page I UM 12 Deputnek Avgat 'Vlelr&Omv2,101 lumme My I IPWBM 9 Page 105 of 574 o4l A I XON on Enterprise,, Inc.""s, TASEIR, 7 Agreement . ;M - --, `--—-... ........ ................. ..... . ... .............i��; ��; ; r�exCeprvSrs- irNmje1st#YvI ie@e t ftAgin eemm � III Amon I-Adence, mm,,,nAy, Amm warrarits that Axon Wdem,��eyvi,�I riat kh*%e Vcpl r0sappaMOme aRy Imitemn rapyrjht, uademak 13F trade, secret rtMo of aMthild pwive, kx,i�,,)n mems ciaiimis ariy wpm rarWjes, ecbr for coroupflcwl w, orem's bcrtuve ffie a 115 M p P)K'(Wf(41 U) Ax 0, -,Pm E0der"IC,e, 112 Amnj C, vidence IRglitfIC119nX, AiIJI Axon �',or$eruY e subscoptilions, wMars)riw(WneIY if ,4%PKY qpmp�,�V , ,, , with arjr term of this Agiesment—Agerwe airid iAgency end us,ets OuNdAgemplopm, corvactom agents, of6cers, volunteers, anddirectorsl rAAjA0jjt MY not Ameagm NJ: 112.1. [10irry, madrfy, rairnp,,,M "kh, mpa�n mcreate derlw6ve warks c4 amy pan ad Axm"'� Fv i 0), In t,,, 112.2 revose erNgin,Reer, dr�semtfi�", 01 rferlornplflv Axan Evidencr, a di �ier , ? or ptO� ar, c , , pmcms to dwWe any saurre code Muded in AmmPri Evklence,, �,j,rifl[,cjw ie�niyi 4m,'I iiers �,o 10 1 Sa 01 e, T,23�, O ius@ Amon Evidww wWM M0 NA"eh't 11(:W gai)jrtluinaul] N mrfi zed acriess,wp6.1 m� urriri,gfees or exceet0ing usage 10% Dr quataq, 144, use M,w,ayycle sevrel Mformatm cormaitr,�ed iri A;qir;f) EviderIKA", mkej),I and expvis[y fpm rn,5utttkd In flfls 12A, aid ess Awn Ewdence (D Wd a compdAlve pRWuU cw mWe or copy any Vamps, fun Gm ,Uny CT lVaphas of Axon EyWerce; 12dw remove, Itu, or obsuor u,,w-ry er"ipnfir) riti,�ibry (,,w mlwg o�qyiI91 III, arld Irademark ncetN e-"�) of Mcm, i's cm, Axcm'V5, ii(V KOFS N) Of' Axon Evidence; w. i w use Axon mp Wencp gQ siorp ca, uri,�,nsi rikafl HOOT)wi, or, N,Im ()r takam miaterWl, to stare or urar is riil rnateri,,W of flu"rif- I�mrty priva( V r,,�,ghm, amu t o ramie, o imt r im msrnft rvnMI1cJ1cm gs clode t] AxIon %MH FH�yt delete Agerie 1 Coitient for DO dMp FNWwhg termRaMm, Mairif'19, OIEISAa 9[.VdiVS, Ap ,0",Ky r`FWq,'(eIA We #pmwy Commit onNA A amsm We have been ThiiNl, w0 bem, m D dppk[4mT6Ir of Mon Evidence &WgMme 90d4s o6m, NmrdmmVl rtw M"w"'My tci #'et6eve A&Flle,'y r�,ro in�,�'rjr ;"I'lly XARIib,04141 fffl,; gf ,Content is dovoloadvI hvrn AXDn E*Aence duM 0 li-e'ne 90, days, After tlwse,50 cJ,,rIxyS, Axor� wifll fl*reafter, t,�,nie!5s V,egaldiy io,WNbleddeWte all OfAgen, C,cflnteni stored ki Ax-cmil Ulrx:url iequem"Axii�,n NwHI uvide writen pmof that aV Agenq CoMeMW bmi, Nuc cemfudy jce i et e id a l:: N, t i i", ,V remaved Rion Axon Eykience, 14 JeAp ;am Ute_ A x o i fll P 1`10"Vo, i retiriiev)°a] assisrum ie lot Axon genen',,,�Hy ro iim1 o Rec'jm sw.!fix Axcpr� to ptaWde �:,,td&kwml WmAnce i%� kgerKy corl,tent, Nrsdhrdiog requests for Am% Data Egress Services, wik, im,emvk kn alcjctitirmriippl fee,!�v And' Axon vaM mq ,Nr,varrara icw guair anteedata mqmy ar d, N,I I the e:xternal 5ymelnv 1 IS �`ra, if A�Tency ra U Sr Fed,er M ilJiejm~vmN tirnent, ar mm' iirrg km3n" EVAJ'erjue Uni r4m aSer Agr",ivn,(miriit (firm,111) Pa g P 9 0", 12 D%AarIYne,YY,A Page 106 of 574 A,xon Enterprise, Inc.sTASER 7 A,AXON' Agreement . . ................ ........ p (nO,'�irj e,.Qrnpuwr suRwmvr -uynimewmA Compumir limhrilical datim," mi rfvfineO, irl't OW ACC�it,110,00(1 Regxd'Atibh, &I'llij I fnn new F",edprad AcqullWn RegWaVon Supplement, If Afency is Wig Axon Eviderice ain, befial il'if ihiLVS,, ,G<'Yw@rrmu,,,ni and these ten ms,rad to rneipl, thw, (13,. iriw,rmisteinr in 'mTj rV r mpert Wilh federaNWmi; Agency mM irtry'ke,(Wit6y IN uS@ of Axon EAdence, 1:6 51orylval kipon Ainy tierm�i wmk��mi�rf ih�s Areommm', �fie lfofkm�rig, SO1,rF,,JiO,nS MF� Su rvNie� Agienc�y, Owns n(:y Coment, StOrAge, Axon Mdenre Wormy, amd Axon EyMeme Rewkmns. 777T=, 777777MMM-7 .. . ............... . ........................................................................................................................ . ............................................................ . .............. . ....................................................... . .................... IAJn 88 Tiblle� 5 26 pne VO & 12 De, PM UPOawn J Vmswm; ID lumme Dow I ulwAul?, Page 107 of 574 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 Police Dept. _. Division Technical Services Point of Contact m. ........ ...---- u ......... .... ......... Karl Maracotta _. Phone Number ...... ..... . ... .-1 561-742-6170 Vendor _.. m..... ......... .................. ......... M Company Name Axon Enterprise, Inc ......... -------- Address 17800 N 85th Street, Scottsdale, Arizona 85255 Phone Number _. 480-905-2000 Point of Contact and Title Josh Isner ..... ......... What other vendors were contacted? (List company name, contact, and phone N/A number and explain why they were not suitable) Product or Service . ........... ................ ..... .................... Product/Service Name Axon Digital Evidence Solution ............................................. Manufacturer Axon Make/Model # See back up .. .. Price ..... ......... ...... __,m............................ Varies (see back up) ......Did you negotiate the terms or prices with the vendor? ❑ Yes ® No „ a..,, .... ......... Why is this price considered to ......... .. _ .... .........----_.......... ......... ......... .............................. .E be fair and reasonable? This vendor is the only one that provides this product [ that integrates with our system and workflow. It is competitive with other products. Page 108 of 574 Purchasing Division ....... ......... ion Form Sole/Sin _ oi e eSource Justification ... ... 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 11 Will'' liii 1011 • • This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ❑ Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ® Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor pr�� e ? .o Ovide which are not available from other vendors? Please be specific. This product integrates with our evidence.com system in which such integration is not available with other vendors. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials 'or 'prms been a deciding influence on my request to sole source this purchase when there are other known soppl rs that exist. �... .............. _. 1 D a wt Direr Sijnature �- .. Date 2. Purchasing Manage/ rl mance 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 ........ . ...... . ....... . ...................... , —,,...........®......... ... _,®.................... .....,...._.._..._..._ __................................ __..... Page 109 of 574 AXON Re: Sole Source Letter Axon ( Enterprise, Inc.'s { his brand Axon Evidence (Evidence.com) , 7„: Axon Body 3 Video Camera • Improved video quality with reduced motion blur and better low -light performance • ulti®mic audio four built-in microphones • Wireless upload option ® Gunshot detection and alerts • Streaming audio and video capability • `®Find my camera" feature • Verbal transcription with Axon Records (corning soon) • End-to-end encryption • Twelve-hour battery • Up to 120 -second buffering period to record footage before pressing record button Axon Flex 2 Video Camera playback• Video • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert r, s high HD resolution magnetic• Up to 120 -second buffering period to record footage before pressing record button • Multiple mounting options using head, diagonalball cap, car dash, and Oakley sunglass mounts available • 120 -degree r, lens,i' K' g'' horizontal and 55 -degree vertical field of view Axon Flex i Controller 0 12+ hours of battery operation per shift (even in recording mode) 0 LED lights to show current battery level and operating available0 Haptic notification Tactical beveled button design for use in pocket technology0 Compatible with Axon Signal Axon Air System Purpose-built• on or 1 offerorw enforcement UAV programs• Supported applications on iOS and Android Axon is also the sole developer and separateEvidence.com is not a corporate entity, AxonlE.:: uterp's , hnc. exon Source IUn„tier VersIon 8 Paget '9 Page 110 of 574 AXON A 780 N 85T) is Y RF1.`I • Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to 2 -minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143 -degree lens • Includes Axon Signal technology Axon Fleet 3 Camera • High-definition Dual -View Camera with panoramic field of view, 12x zoom, and Al processing for automatic license plate reader (ALPR) • High-definition Interior Camera with infrared illumination for back seat view in complete darkness • Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid- state storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event • Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more • Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com • Multi -cam playback, for reviewing up to four videos, including body -worn and in -car footage, at the same time • Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on -officer cameras allows for multi -camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA). • Best -in -class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness • Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Axo� � Enteirpise, 11 inc, Axon Sde Source U. -Ater Versioin 38 Page Page 111 of 574 RE F -T A8((70NA 161'.5195 COM Axon Fleet 2 Camera • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on -officer cameras allows for multi -camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit • Decentralized system architecture without a central digital video recorder (DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU) for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm. • Plug -And -Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface • Motion -based activation • Up to 7 -minute pre- and post -event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on -officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and Axon IlEnterpids , Vnc. Axon Source., II...eUeir Version 3k9 IPage 3 Page 112 of 574 aP.}, Rw 7 0 N A interview room video are managed as part of the same case in Axon Evidence • Dual integration of on -officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA -C22.2 N0.60950-1-07+AI:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre- defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types:.mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256 -bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure Axon , Inc. Axon Solle Source , , 38 Flage 4 Page 113 of 574 AXON +,4"pfl70NA, • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category -based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application ® Free app for iOS and Android mobile devices ® Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and CAPS data Axon Commander Services • On -premises data management • Chain of custody reports with extensive audit trail • Automated workfiows, access control, storage, and retention • Compatible with multiple file formats Axon View Application • Free app for 10S and Android mobile devices • Allows user to view the camera feed from a paired Axon Body® Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta -data to videos, such as: Category, Title, Case I, and GPS data Axon Records Continuously improving automated report writing by leveraging Al and ML on offic recorded video, photo, and audio from BWC, In -Car, Mobile App (Axon Capture), other digital media Collaborative delegate information gathering on scene Instant access to records allowing detectives to begin their investigation and reco clerks to update information exchanges on things like missing people or stolen property as soon as possible Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors EMeirprdse, hc. exon Salla L.eUer'Version 38 Viae z Page 114 of 574 AXON • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos • Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence • Automatic association of digital evidence to the record and incident through Axon Evidence integration • In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system • Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access based on pre -defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards • Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups • Automated alerts • Compatible with digital documents, photos, and videos • Connection with Transcription (beta) • Shared Index with evidence.com and Records • Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools. CiiJii�eirprise, Ilno,, Axon Sods. Source Version 38 Page, Page 115 of 574 AXON ZOIN r 85255 • Workflow analytics to provide SLA on throughputs • Integration with the TASER 7 CEW for automatically pulling firing logs (alpha) • Available as an option for Axon Records • Automatically bundled with Officer Safety Plan 7+ Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems Axon Auto -Transcribe • Transcribes audio to text, producing a time -synchronized transcript of incidents • Allows searches for keywords (e.g., names, and addresses) • Embedded time stamps when critical details were said and events occurred • Produce transcripts in substantially less time than with manual methods • Pull direct quotes and witness statements directly into reports Axon Support Engineer: • Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits • Solution and Process Guidance custom to your agency • White -Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis • Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance Axon Respond for Dispatch (CAD) • Integration with Axon Respond for Devices (Axon Body 3) for location and/or live streaming in CAD. • Integration with TASER 7 CEW devices for enhanced situational awareness. • Native ESRI based mapping with ability to connect to ESRI online communities and your agency's local ArcGIS data. • SaaS model reduces security and administration by local IT staff: no local installation • Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos. • Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors. • Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version. • Native integration with Axon Records. • Reliability: Fault — and disaster — tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States. • Security Testing: Independent security firms perform in depth security and penetration testing. • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. Axon If:iroterlpdse, Vrc Axon Soule Sot.urce . Flage Page 116 of 574 AXON Axon Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday—Friday 7:00 AM -5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 2417 • Remote -location troubleshooting AXON Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 7. Universal Helmet Mount Model: 11548 8. Axon Air System with Axon Evidence (Evidence.com) 5 -Year License Model: 12332 9. Axon Body 2 Camera Model: 74001 10. Axon Body 2 Camera Mounts: • Axon RapidLock Velcro Mount Model: 74054 11. Axon Flex 2 Controller and Axon Body 2 Camera Mounts: • Z -Bracket, Men's, Axon RapidLock Model: 74018 • Z -Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 Page 117 of 574 AXON 17800 N 85TH S1 RF F � AXON • MOLLE Mount, Single, Axon RapidLock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Belt Clip Mount, Axon RapidLock Model: 11509 12. Axon Fleet Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 13. Axon Signal Unit Model: 70112 14. Axon Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex 2 • Axon Dock — 6 -Bay and Core for Axon Flex 2 • Individual Bay for Axon Flex 2 Model: 11538 • Core (compatible with all Individual Bays and 6 -Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock — Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock — 6 -Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 15. Axon Signal Performance Power Magazine (SPPM) Model: 70116 Axon Product Packages 1. Officer Safety Plan: includes a CEW, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers. 2. TASER Assurance Plan (TAP): Hardware extended coverage, Spare Products (for Axon cameras), and Upgrade Models, for the Axon Flex camera and controller, Axon Body camera, and Axon Dock. (The TAP is available only through Axon Enterprise, Inc.) SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY AXON BRAND PRODUCTS FOR AXON BRAND PRODUCTS .......... Anon Enterprise, Inc. ._._..._...._....�.�- ._...__...�..� ..... Axon Enterprise, Inc. 17800 N. 85th Street, Scottsdale, AZ 85255 17800 N. 86" Street, Scottsdale, AZ 85255 Phone: 480-905-2000 or 800-978-2737 Phone: 480-905-2000 or 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Page 118 of 574 r Josh Isner Chief Revenue Officer Axon Enterprise, Inc. Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc, Pod Touch is a trademark of Apple Inc, iOS is a trademark of Cisco, LTE is a trademark of the European Telecommunications Standards Institute, Shoei is a trademark of Shoei Co., Ltd., VELCRO is a trademark of Velcro Industries, B.V., and Wi-Fi is a trademark of the Wi-Fi Alliance. Q, ® AXON, Axon, Axon Evidence, Axon Flex, Axon InterviewFleet, X2, X26, TASER 7, and TASER are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2020 Axon Enterprise, Inc. Axon So�e 10 Page 119 of 574 6.E. Consent Agenda 8/17/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 8/17/2021 Requested Action by Commission: Proposed Resolution No. R21-103 - Approve and authorize the City Manager to sign an Interlocal Agreement for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for its purchase of Twenty six (26) Microsoft Surface Tablets. Explanation of Request: Boynton Beach Fire Rescue was awarded an EMS (Emergency Medical Services) grant for the purchase of new tablets to be used for the completion of patient EMS Reports, Fire Reports and integration with the City's new CAD (Computer Aided Dispatch Program). How will this affect city programs or services? Improve and streamline our existing process. Fiscal Impact: Savings to our budget for the tablet purchase amount. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: 20,279.74 Contracts Vendor Name: Verizon or ATT Start Date: End Date: Contract Value: Page 120 of 574 Minority Owned Contractor?: Extension Available?: Extension Explanation: Attachments: Type D IRE)S()ll LA ti 0 111 D AddE)indUlirn Description IRE)SOkAtioin appiroviing II II.....A with FIBC for EMS ('34'aint fUlinds (taUbItS) BIC:: IF::: f Il ['ItE)irlocal Agir'E�IENrTIENI'It Page 121 of 574 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT 4 WITH PALM BEACH COUNTY FOR AN EMS GRANT TO BOYNTON BEACH 5 FIRE RESCUE IN AN AMOUNT NOT TO EXCEED $20,279.74 TO REIMBURSE 6 THE CITY FOR ITS PURCHASE OF TWENTY-SIX (26) MICROSOFT SURFACE 7 TABLETS; AND PROVIDING AN EFFECTIVE DATE. 1*4 9 WHEREAS, the Department of Health, Bureau of Emergency Medical Services is authorized 10 by Chapter 401, Part II, Florida Statutes, to dispense pre -hospital emergency medical services 11 grant funds (EMS Grant) throughout the State to improve and expand pre -hospital emergency 12 medical services; and 13 WHEREAS, forty-five percent (45%) of EMS Grant funds are divided among the counties 14 to be used by each county for its EMS needs including the EMS Grant funds for reimbursement or 15 expenditures of licensed emergency medical service providers; and 16 WHEREAS, Boynton Beach Fire Rescue was awarded an EMS (Emergency Medical Services) 17 grant for the purchase of new tablets to be used for the completion of patient EMS Reports, Fire 18 Reports and integration with the Cities new CAD (Computer Aided Dispatch Program); and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve and 21 authorize the City Manager to sign an Interlocal Agreement with Palm Beach County for an EMS 22 Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City 23 for its purchase of Twenty-six (26) Microsoft Surface Tablets. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. S:ACA\RESO\Agreements\ILA With PBC For EMS Grant (Tablets) - Reso.Docx Page 122 of 574 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 approve and authorize the City Manager to sign an Interlocal Agreement with Palm Beach County 30 for an EMS Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to 31 reimburse the City for its purchase of Twenty-six (26) Microsoft Surface Tablets. A copy of the 32 Interlocal Agreement is attached hereto as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 17th day of August, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor — Steven B. Grant 40 41 Vice Mayor —Woodrow L. Hay 42 43 Commissioner—Justin Katz 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner — Ty Penserga 48 49 VOTE 50 ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) S:ACA\RESO\Agreements\ILA With PBC For EMS Grant (Tablets) - Reso.Docx Page 123 of 574 INTERLOCAL AGREEMENT with CITY OF BOYNTON BEACH FOR EMS GRANT FUNDS THIS INTERLOCAL AGREEMENT ("the Agreement") is made as of the day of , 2021, by and between the Board of County Commissioners, Palm Beach County, a political sub- division of the State of Florida (herein referred to as "COUNTY"), and the City of Boynton Beach, a municipal corporation of the State of Florida (herein referred to as "CITY"), each one constituting a public entity as defined in Part 1 of Chapter 163, Florida Statues. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Department of Health, Bureau of Emergency Medical Services ("DOHEMS") is authorized by Chapter 401, Part II, Florida Statutes, to dispense pre -hospital emergency medical services grant funds ("EMS Grant") throughout the State to improve and expand pre -hospital emergency medical services; and WHEREAS, Forty-five percent (45%) of EMS Grant funds are divided among the counties to be used by each county for its EMS needs including using the EMS Grant funds for reimbursement or expenditures of licensed emergency medical service providers; and WHEREAS, the CITY has requested the COUNTY disburse a portion of the FY2020-2021 EMS Grant funds to reimburse the City for its purchase of Twenty six (26) Microsoft Surface Tablets for EPCR (together "EMS Equipment''); and WHEREAS, the CITY agrees to accept said reimbursement for EMS Equipment under the terms and conditions of the EMS Grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and CITY agree as follows: ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. Page 1 of 7 Page 124 of 574 ARTICLE 2 - REPRESENTATIVE/MONITORING POSITION The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be Lynette Schurter, whose telephone number is (561) 712-6696 The CITY representative/contact monitor during the term of the Agreement shall be Jarvis Prince whose telephone number is 561-742-6337. ARTICLE 3 — REIMBURSMENT OF CITY The COUNTY agrees to reimburse the CITY for CITY purchased EMS Equipment from the COUNTY'S FY2020-2021 EMS Grant funds in an amount not to exceed twenty thousand two hundred seventy nine dollars and seventy four cents (20,279.74) The CITY shall purchase the EMS Equipment and submit the required purchase documentation for reimbursement (referenced in Article - 4) to the COUNTY Representative at least ninety (90) days before the expiration of the FY2020-2021 EMS Grant. Approved documentation will be processed by the County Finance Department for payment to the CITY. ARTICLE 4 - GRANT PROGRAM REQUIREMENTS CITY SHALL: A. Comply with general requirements of COUNTY and the conditions of the EMS Grant. B. Submit to the COUNTY Representative on or before January 31, 2022 copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that EMS Equipment was purchased by the CITY. C. Immediately return the purchased EMS Equipment to the COUNTY should the CITY cease to operate its pre -hospital emergency medical services during the life of the EMS Equipment. D. Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained in use and operation of the EMS Equipment if applicable, within 90 days of the effective date of this Agreement. This report shall include all of the necessary training provided for the EMS Equipment. It is the responsibility of the CITY purchasing the EMS Equipment to provide the training. The CITY'S failure to satisfactorily complete the training in the timeframe provided shall constitute a material breach of Agreement. As such, COUNTY may terminate this Agreement and demand return of the EMS Equipment. ARTICLE 5 — LIABILITY Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and solely within the limits established by Section 768.28, Florida Statutes, the CITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims demands, costs or damages arising out of the CITY'S use, care and/or maintenance of the EMS Equipment. This provision does not constitute consent of either parry to be sued by third parties and is not to be construed as a waiver of either party's sovereign immunity. Page 2 of 7 Page 125 of 574 ARTICLE 6 — FILING A copy of this Agreement will be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to reimburse the CITY under this Agreement is contingent upon availability of FY2020-2021 EMS Grant funds. Ongoing costs for EMS Equipment including, but not limited to, operation, use, maintenance and replacement, is the responsibility of the CITY and will not be funded under this Agreement or the EMS Grant program. ARTICLE 8 — REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or the CITY. ARTICLE 9 — ARREARS The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 10 - ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. Page 3 of 7 Page 126 of 574 ARTICLE II — NONDISCRIMINATION The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the CITY warrants and represents that throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Agreement. ARTICLE 12- AUTHORITY TO PRACTICE The CITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre -hospital emergency medical services during the life of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 13 — SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14 — NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Lynette Schurter, EMS Specialist 20 South Military Trail WPB, FL 33401 With copy to Palm Beach County Attorney's Office 301 North Olive Ave. — 6th Floor West Palm Beach, Florida 33401 If sent to the CITY, notices shall be addressed to Jarvis Prince EMS Chief 2080 High Ridge Rd. Boynton Beach, FL 33426 Page 4 of 7 Page 127 of 574 ARTICLE 15 - INSURANCE Without waiving the right to sovereign immunity as provided by section 768.28, Florida Statutes, (the "Statute"), the CITY represents that it is self-insured with coverage subject to the limitations of the Statute, as may be amended. If CITY is not self-insured, CITY shall, at its sole expense, purchase and maintain in full force and effect at all times during the life of this Agreement, insurance coverage at limits not less than those contained in the Statute. Should CITY purchase excess liability coverage, CITY agrees to include COUNTY as an Additional Insured. The CITY agrees to maintain or to be self-insured for Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes. Should CITY contract with a third -parry (Contractor) to perform any service related to the Agreement, CITY shall require the Contractor to provide the following minimum insurance: • Commercial General Liability insurance with minimum limits of $1,000,000 combined single limit for property damage and bodily injury per occurrence and $2,000,000 per aggregate. Such policy shall be endorsed to include CITY and COUNTY as Additional Insureds. CITY shall also require that the Contractor include a Waiver of Subrogation against COUNTY. • Business Automobile Liability insurance with minimum limits of $1,000,000 combined single limits for property damage and bodily injury per occurrence. • Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and which shall include coverage for Employer's Liability with minimum limits of $1,000,000 each accident. When requested, the CITY shall provide an affidavit or Certificate of Insurance evidencing insurance or self-insurance. Compliance with the foregoing requirement shall not relieve the CITY of its liability and obligations under this Agreement. ARTICLE 16 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CITY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17 - EXPIRATION OF AGREEMENT This Agreement shall automatically expire in five (5) years from the effective date or upon the expiration of the life of the EMS Equipment, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the CITY may dispose of said EMS Equipment as surplus property with no further municipal purpose. ARTICLE 18 - EFFECTIVE DATE This Agreement shall become effective on the date indicated in the first paragraph of this Agreement provided the Agreement has been executed by both the COUNTY and the CITY. Page 5 of 7 Page 128 of 574 ARTICLE 19 - E -VERIFY - EMPLOYMENT ELIGIBILITY Each parry warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. Each parry has registered with and uses, and shall continue to use, the E -Verify System (E-Verify.gov), to electronically verify the employment eligibility of all newly hired employees. If either parry has a good faith belief that the other parry has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said parry shall terminate this Agreement with the violating parry. ARTICLE 20 — PUBLIC RECORDS The CITY shall comply with Florida's Public Records Law with regard to any documents or other records relating to this Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 6 of 7 Page 129 of 574 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS BY ITS COUNTY ADMINISTRATOR ma Verdenia C. Baker County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Asst. County Attorney APPROVED AS TO TERMS AND CONDITIONS Department Director CITY OF BOYNTON BEACH IM City Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney APPROVED AS TO TERMS AND CONDITIONS 0 Page 7 of 7 City Representative Page 130 of 574 6. F. Consent Agenda 8/17/2021 Requested Action by Commission: Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for Utility and Residential Solid Waste by $92,545.58. This amount consists of unpaid utility and solid waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections from FY 17/18 and FY 18/19. Explanation of Request: Per Florida Statues Title VI 95. 11, the City has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its collection agency to collect these past due amounts have been exhausted. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. It is important to note, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. It is prudent to review, at least annually, the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Below is a schedule of amounts per service type to be written off, a computer generated report will be available once the system actually writes off the accounts. Collections by Service October 2019 — September 2020: Service Amount Refuse $20,306.92 Sewer Metered $8.30 Stormwater $5,332.43 Sewer $23,017.03 Water $28, 082.75 Miscellaneous $13,203.53 Tax $1,874.15 Written Off Adjustments $629.47 Overall Write -Off -Total $92,545.58 Previous Historical write-offs: Action Date Amount FY 11/12 $755,213.93 FY 13/14 $319,917.85 FY 14/15 $293,496.35 FY 15/16 & 16/17 $481,791.17 Percent of Revenue 0.67% 0.52% 0.39% 0.03% Account time frame October 2009 - March 2012 April 2012 - August 2013 January 2013 - June 2014 June 2014 - November 2017 Page 131 of 574 FY 17/18 & 18/19 $167,551.62 0.01% November 2017 — September 2019 How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Alternatives: Continue to carry the unpaid accounts in the accounts receivable accounts and the allowance of uncollectible accounts. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Exhibit Description LArnrnary Of E)ir C:Ess Page 132 of 574 Collections by Service October 2019 — September 2020: Service Amount Refuse $20,306.92 Sewer Metered $8.30 Stormwater $5,332.43 Sewer $23,017.03 Water $28,082.75 Miscellaneous $13,203.53 Tax $1,874.15 Written Off Adjustments $629.47 Overall - Total $92,545.58 Page 133 of 574 MCI Consent Agenda 8/17/2021 Requested Action by Commission: Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for Solid Waste Roll -offs and Commercial accounts by $44,687.03. The amount includes unpaid roll -off, special pickups, and compactors that have been in collections from FY 15/16 and FY 16/17. Explanation of Request: Per Florida Statues Title VI 95. 11, the City has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its collection agency to collect these past due amounts have been exhausted. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. It is important to note, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. It is prudent to review, at least annually, the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Previous Historical write-offs: Action Date Amount Percent of Revenue Account time frame FY 18/19 $238,018.39 0.267% FY 06/07 to FY 14/15 FY 20/21 $44,687.03 0.193% FY 15/16 to FY 16/17 How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact since this amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Alternatives: Continue to carry the unpaid balance in the receivable accounts and the allowance for uncollectible accounts. Strategic Plan: Strategic Plan Application: Page 134 of 574 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttacftrTIENI'lt Description AttachirTIENI'lt 1 AcCOLAInts S pir'EsadshE)E)t Page 135 of 574 JJJJJJJJJJJJJJJ LO QQQQQQQQQQQQQQQ M E---------- a ( k 2 6.H. Consent Agenda 8/17/2021 Requested Action by Commission: Approve Award of Bid No. 089-2821-21 for "Discrete Analyzer and Maintenance" to Seal Analytical I nc. as the lowest responsive and responsible bidder in the amount of $35,760.00. Explanation of Request: On July 22, 2021, Procurement Services opened and tabulated three (3) bid submittals in response to the Bid for "Discrete Analyzer and Maintenance". It has been determined by staff to award the bid to Seal Analytical as the lowest most responsive and responsible bidder. The existing discrete analyzer will become obsolete in January of 2023 and is nearing the end of its useful life. In addition, parts can no longer be replaced because the current manufacturer is discontinuing them. This bid solicited the services of a firm to purchase and install a discrete analyzer at the City's Water Quality Laboratory located within the West Water Treatment Plant. How will this affect city programs or services? The Discrete Analyzer is being purchased to replace the current equipment that will become obsolete in January of 2023. The manufacturer of the current equipment will no longer provide service or parts (including consumables) for the current equipment. The Water Quality Division of Utilities utilize this equipment to perform tests on samples that are kept in discrete cuvettes. The samples include Ammonia, Nitrate, Nitrite, Alkalinity, Chloride, Color, Total Hardness, Sulfate, and Orthophosphate. Fiscal Impact: Budgeted in Account 403-5000-533.65-02 WTR103 Alternatives: Reject all bids and re -bid Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 141 of 574 Attachments: Type D Bid D a ra ShE)E)tS D a ra ShE)E)tS D OthE)r Description Bid 089 2821 21 ID iscir'E)tEs AinalYZE)r arld �M ai II'l tE)inainCE) 089 2821 21 Bid SLAirnirnary T,'.-,.ibL.Jlbboins 089 2821 21 Bid IFlrolpQ.sal T,,.-,.ibL.Jlbboin SES ,ainaytica, IIinc- Bid IFlirolpQ. sal� Page 142 of 574 THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: JULY 12, 2021 (a- 2:00 P.M. TABLE OF CONTENTS BIDDING REQUIREMENTS: PAGE # Tableof Contents............................................................................................... Scopeof Services...............................................................................................2 - 3 Section 1 - Scope of Work and Technical Specifications Requirements ..........................4 Section 2 - Instructions to Bidders...........................................................................5 Section 3 - General Conditions for Bidders................................................................6-17 Section 4 - Special Terms and Conditions.................................................................18 Bidder Submission Requirements............................................................................19 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidProposal......................................................................................................20 Anti -Kickback Affidavit..........................................................................................21 Non -Collusion Affidavit..........................................................................................22 Certification Pursuant to Florida STATUTE § 287.135 .................................................23-24 E -Verify Form.....................................................................................................25-26 Statementof No Bid.............................................................................................27 Insurance Advisory............................................................................................... Bid No. 089-2821-21— DISCRETE ANALYZER 1 The City of Boynton Beach INVITATION TO BID (ITB) SCOPE OF SERVICES Bid Title: DISCRETE ANALYZER AND MAINTENANCE BID Number: 089-2821-21 Electronic bids shall be received by the bidding system up until: JULY 22, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt by the City's e -procurement bidding system electronically. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF BID: The City of Boynton Beach is seeking bids for the purchase of one (1) Discrete Analyzer and Maintenance. Specifications included, but are not limited to an automated chemical analyzer in which the instrument performs tests on samples that are kept in discrete cuvettes, a computer capable of running the instrumentation, operating software, start-up accessories, training, and installation. This instrument must perform tests on Ammonia, Nitrate, Nitrite, Alkalinity, Chloride, Color, Total Hardness, Sulfate, and Orthophosphate. This instrument would be used for the identification of nutrients for water quality purposes, including evaluation for long-term trends, effectiveness of the County's groundwater protection program and identification of water quality problems. At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes Bid No. 089-2821-21— DISCRETE ANALYZER 2 action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No. 089-2821-21— DISCRETE ANALYZER DISCRETE ANALYZER AND MAINTENANCE BID No.: 089-2821-21 SECTION 1 - SCOPE OF WORK AND TECHNICAL SPECIFICATION REQUIREMENTS The City of Boynton Beach is seeking bids for the purchase of one (1) Discrete Analyzer and Maintenance. Specifications included, but are not limited to an automated chemical analyzer in which the instrument performs tests on samples that are kept in discrete cuvettes, a computer capable of running the instrumentation, operating software, start-up accessories, training, and installation. This instrument must perform tests on Ammonia, Nitrate, Nitrite, Alkalinity, Chloride, Color, Total Hardness, Sulfate, and Orthophosphate. A. The Discrete Analyzer shall include but not limited to: 1. Discrete Analyzer 2. Training and Installation 3. Start-up Kit 4. Computer 5. Operating Software 6. 12 Months Parts and Labor Warranty THE REMAINDER OF THE PAGE IS INTENTIONALL LEFT BLANK Bid No. 089-2821-21— DISCRETE ANALYZER DISCRETE ANALYZER AND MAINTENANCE BID No.: 089-2821-21 SECTION 2 - INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e -Procurement bidding system no later than: JULY 22, 2021 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beachebidsandtendersenet prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Boynton-beachebidsandtendersenet. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at suppaortgbidsandtendersenet. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. Each Bidder, by submission of an BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. Bid No. 089-2821-21— DISCRETE ANALYZER 5 DISCRETE ANALYZER AND MAINTENANCE BID No.: 089-2821-21 SECTION 3 — GENERAL CONDITIONS FOR BIDDERS 1. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 2. BID FORMS: The Bidder will submit a BID on the BID forms provided. All BID prices, amounts and descriptive information must be legibly entered. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; Bid No. 089-2821-21— DISCRETE ANALYZER F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." d. Not completing the Bid Submittal Forms as required. 11. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Bid No. 089-2821-21— DISCRETE ANALYZER Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas at the Bidders expense. 12. SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 13. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY's Procurement Services Division. 14. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 15. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 16. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 17. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami -Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 18. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. 19. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. At times a purchase order will be issued in lieu of a contract agreement. Bid No. 089-2821-21— DISCRETE ANALYZER 20. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety (90) days after the date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 21. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 22. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 23. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 24. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's Bid No. 089-2821-21— DISCRETE ANALYZER responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 25. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton - beach. bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 27. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". 28. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; Bidder shall submit a written request to the CITY's Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings; the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence" for more details. 29. ANNUAL APPROPRIATION: This 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 this agreement, and is subject to termination at any time based on lack of funding. 30. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 31. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. Bid No. 089-2821-21— DISCRETE ANALYZER 10 32. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 33. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 34. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 35. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 36. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 37. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 38. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 39. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, bidder 5certifies that bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided Bid No. 089-2821-21— DISCRETE ANALYZER 11 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 Bidder of the City's determination concerning the false certification. Bidder 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, Bidder 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 Bidder 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. 40. NON -COLLUSION AFFIDAVIT: Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 41. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 42. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 43. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal 44. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as apart of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 45. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 46. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City Bid No. 089-2821-21— DISCRETE ANALYZER 12 arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 47. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 48. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 49. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 50. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 51. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 52. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 53. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. Bid No. 089-2821-21— DISCRETE ANALYZER 13 54. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the ITB. 55. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: ➢ Contain the Bidder's Federal Employer Identification Number. ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 56. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 57. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 58. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 59. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. Bid No. 089-2821-21— DISCRETE ANALYZER 14 60. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 61. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 Bid No. 089-2821-21— DISCRETE ANALYZER 15 62. E -VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 63. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10. 16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." Bid No. 089-2821-21— DISCRETE ANALYZER 16 In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. THE REMAINDER OF THE PAGE IS INTENTIONALL LEFT BLANK Bid No. 089-2821-21— DISCRETE ANALYZER 17 INVITATION TO BID FOR DISCRETE ANALYZER AND MAINTENANCE BID No.: 089-2821-21 SECTION 4 - SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure the purchase of one (1) Discrete Analyzer. Specifications included, but are not limited to an automated chemical analyzer in which the instrument performs tests on samples that are kept in discrete cuvettes, a computer capable of running the instrumentation, operating software, start-up accessories, training, and installation. This instrument must perform tests on Ammonia, Nitrate, Nitrite, Alkalinity, Chloride, Color, Total Hardness, Sulfate, and Orthophosphate. This instrument would be used for the identification of nutrients for water quality purposes, including evaluation for long-term trends, effectiveness of the County's groundwater protection program and identification of water quality problems. AWARD: Successful Bidder awarded shall ensure that proper and sufficient equipment, and materials, will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. Bid No. 089-2821-21— DISCRETE ANALYZER 18 DISCRETE ANALYZER AND MAINTENANCE BID No.: 089-2821-21 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Proposer Acknowledgement — Online Acknowledgement c) Bid Proposal — Online Form d) Addenda Acknowledgement — Online Acknowledgement e) Anti -Kickback Affidavit — Upload Online f) Non -Collusion Affidavit of Proposer — Upload Online g) Confirmation of Minority Owned Business - Online Form h) E -Verify Form — Upload Online i) Certification Pursuant to Florida Statute § 287.135 - Upload Online j) Confirmation of Drug Free Workplace - Online Acknowledgement k) Palm Beach Inspector General - Online Acknowledgement 1) Local Business Certification - Online Form m) Statement of Non -Submittal (if applicable) - Online Form n) Bidder's W-9 — Upload Online o) Submit any Supplemental information relative to this BID — Upload Online Bid No. 089-2821-21— DISCRETE ANALYZER 19 a, INVITATION TO BID FOR DISCRETE ANALYZER AND MAINTENANCE BID NO. 089-2821-21 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid tiro osat will be it � tit ttito the o -t rocuroinetit Etoctrotitc ftt�t t�� S stops ftt�ts .t."'o11�toss* ...............................................................M...........................................................................................................................................................................................................................t'........................................................................................................ The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "DISCRETE ANALYZER AND MAINTENANCE". ITEM DESCRIPTION EST UNIT UNIT VALUE NO QTY COST 1 DISCRETE ANALYZER 1 LS $ 2 TRAINING AND INSTALLATION 1 LS $ 3 COMPUTER 1 LS $ 4 START-UP KIT 1 LS $ 5 12 MONTH PARTS & LABOR 1 LS $ 6 SHIPPING & HANDLING 1 LS $ TOTAL BID PRICE $ (In Numbers) DISCOUNT % Applied (If Applicable) Discount % • Note - Discount will not be included as a factor in the Awarding of this Bid. BIDDER SHALL INPUT PRICES INTO THE CITY'S E -PROCUREMENT BIDDING SYSTEM Bid No. 089-2821-21— DISCRETE ANALYZER 20 ANTI -KICKBACK AFFIDAVIT "TO IIRE COII III' IILJ TIIED AND U III' IIL.OAIL EIQ OII IIL.III II II STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP IN NAME - SIGNATURE 2021 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 089-2821-21— DISCRETE ANALYZER 21 NON -COLLUSION AFFIDAVIT OF PROPOSER "TO IIRE CQll lll' IILJ TIIED AND LJJl' IIL.OAIDEIQ QII IIL.11lllM State of County of 1) He is (Title) has submitted the attached BID: being first duly sworn, deposes and says that: of , the proposer that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of 20 (Signed) (Title Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 089-2821-21— DISCRETE ANALYZER 22 that 52 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "TO IIRE CQll lll' IIL.IIETIIED AND LJJl' IIL.OAIDEID QII IIL.11lllW on behalf of Print Name and Title does not: Company Name Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 089-2821-21— DISCRETE ANALYZER 23 As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 089-2821-21—DISCRETE ANALYZER 24 Page 16F OFF 5 -;-FJ Project Name: 52 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIRE CQll lll' IIL.IIETIIED AND UIII' IIL.OAIDEIQ QII IIL.11llN DISCRETE ANALYZER AND MAINTENANCE Solicitation No.: 089-2821-21 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 089-2821-21 DISCRETE ANALYZER 25 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of I , by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 089-2821-21 DISCRETE ANALYZER 26 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Ocean Avenue, Boynton Beach, FL 33435 Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 089-2821-21 to "DISCRETE ANALYZER AND MAINTENANCE" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: Bid No. 089-2821-21— DISCRETE ANALYZER 27 City of Boynton Beach Risk Management Department Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This List is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk,) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Aggregate - $1,000,000.00 --------------------------------- ----------------------------------- Combined Single Limit $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified Revised 04/2021 INSURANCE ADVISORY $ 300,000.00 Limits based on Project Cost Limits based on Project Cost to be determined 089282121- Discrete Analyzer and Maintenance - Overview of Specifications and Schedule of Prices Subtotal Contract Amount: $35,760 WJ $42,776.66 $49,995.00 Page 172 of 574 SEAL Analytical Inc. Thermo Electron North America LLC Skalar, Inc. Submission 1 Submission 1 Submission 1 Schedule/Specification Total Total Total Bid Proposal - Discrete Analyzer and Maintenance $35,760.WJ $42,776.66 $49,995.00 Discount % (If Applicable) 0 29.07% 0 Certification Pursuant to Florida STATUTE § 257.135 Signed - Included Signed - Included Signed - Included E -Verify Form Signed - Included Signed - Included Signed- Included Anti -Kickback Affidavit Signed - Included Signed - Included Signed - Included Non -Collusion Affidavit Signed - Included Signed - Included Signed - Included Confirmation of Minority Owned Business N.A N.A N.A Local Business Status Certification N.A N.A N.A Sub -contractors None None None W-9 Included Included Included Subtotal Contract Amount: $35,760 WJ $42,776.66 $49,995.00 Page 172 of 574 089282121- Discrete Analyzer and Maintenance - Quote Form - Bid Proposal - Discrete Analyzer and Maintenance Description Estimated Qua nit y Unit Unit Cost Total Unit Cost Total Unit Cost Total Discrete Analyzer 1 Lump Sum $ 30,560.0000 $30,560.00 $ 31,206.1500 $31,206.15 $ 45,470.0000 $45,470.00 Training and Installation 1 Lump Sum $ 2,500.0000 $2,500.00 $ 5,100.0000 $5,100.00 $ 2,675.0000 $2,675.00 Computer 1 Lump Sum $ 1,600.0000 $1,600.00 $ 259.2200 $259.22 $ 1,450.0000 $1,450.00 Start -Up Kit 1 Lump Sum $ 0.0000 $0.00 $ 449.1600 $449.16 $ 0.0000 $0.00 12 Month Parts & Labor 1 Lump Sum $ 0.0000 $0.00 $ 3,662.1000 $3,662.10 $ 0.0000 $0.00 Shipping & Handling 1 Lump Sum $ 500.0000 $500.00 $ 2,100.0000 $2,100.00 $ 400.0000 $400.00 Subtotal: $35,760.00 $42,776.66 $49,995.00 Page 173 of 574 089282121 - Discrete Analyzer and Maintenance Opening Date: July 2, 2021 4:30 PM Closing Date: July 22, 2021 2:30 PM Vendor Details Company Name: SEAL Analytical Inc. Does your company conduct business under any other name? If Wisconsin yes, please state: 6501 W. Donges Bay Road Address: Mequon, WI 53092 Contact: Teri Masters Email: sales@seal-us.com Phone: 262-241-7900 221 Fax: 262-241-7900 HST#: 81-0565037 Submission Details Created On: Monday July 12, 2021 13:29:31 Submitted On: Wednesday July 21, 2021 15:18:02 Submitted By: Teri Masters Email: sales@seal-us.com Transaction #: 9856aa1 a-a588-4de2-8f3e-ab7b97137b98 Submitter's IP Address: 67.53.81.178 Bid Number: 089282121 Vendor Name: 5ZAgLe n tic l�/4 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Bid Proposal - Discrete Analyzer and Maintenance BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA 'duet P i pc) sawt will be input inti) the A-qecbi!)W Baatgfinq Sy sh! m Bids !!!' I i wwatew^, ' The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "DISCRETE ANALYZER AND MAINTENANCE". *Note - Discount will not be included as a factor in the Awarding of this Bid. Description Estimated Quanity Unit Unit Cost* Is your company a Minority Owned business? Discrete Analyzer 1 Lump Sum $30,860.0000 Not Applicable Training and Installation 1 Lump Sum $2,500.0000 N/A Computer 1 Lump Sum $1,600.0000 Date of Issuance Start -Up Kit 1 Lump Sum $0.0000 12 Month Parts & Labor 1 Lump Sum $0.0000 Shipping & Handling 11 ILumpSum $800.0000 Subtotal: $ 35,760.00 Discount % (If Applicable) BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA "'Bait Pei!)pc at vut1C be atpUt t4:i.trr the r-.�"a ire atrv�i ary.Lrwt0ectei!nmc Baay'.ffin n„ still waa Baits ,(±,� 1 i arders, The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "DISCRETE ANALYZER AND MAINTENANCE". . *Note - Discount will not be included as a factor in the Awarding of this Bid. Discount Discount % Discount % Applied (If Applicable) Summary Table Bid Form jAmount Bid Proposal - Discrete Analyzer and Maintenance $ 35,760.00 Subtotal Contract Amount: $ 35,760.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid response. Description Response' Comments Is your company a Minority Owned business? No N/A Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Bid Number: 089282121 Vendor Name: 5ZAL n� tlO 19/4 Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. r- We will not be submitting for Local Business Status Certification Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. P By +r8da,k4ig h r ! 1 cwifirrn 9tN l 9h r ,sur no ,'�e,,,k�:�„ �retr �u��tcari`^r,h aid 9ho Bkidw rt,rVu.0 p rt+xin 9h,, pr+:jec1,o,,0h Lte6 '4:1�VVh4 II t1t" C¢ S'", Name Address Does the business have Is the business registered with Is the business located within the City limits of Boynton Beach, a business tax receipt the Florida Division of Number of years in Business license number Florida? ^ issued in the current Corporations? business ^ year? ^ C Yes r Yes r Yes 19 81-0565037 r No r No r No Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. P By +r8da,k4ig h r ! 1 cwifirrn 9tN l 9h r ,sur no ,'�e,,,k�:�„ �retr �u��tcari`^r,h aid 9ho Bkidw rt,rVu.0 p rt+xin 9h,, pr+:jec1,o,,0h Lte6 '4:1�VVh4 II t1t" C¢ S'", Name Address Scope of work' license No ^ Contract Amount' Percentage I%) of Contract Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Certification Pursuant to Florida Statute § 287.135 - Certification Pursuant to Florida Statue 287.135.pdf - Wednesday July 21, 2021 14:06:59 • Anti -Kickback Affidavit - Anti -Kickback Affidavit.pdf - Wednesday July 21, 2021 14:15:23 • Non -Collusion Affidavit of Bidder - Non -Collusion Affidavit.pdf - Wednesday July 21, 2021 14:15:40 • E -Verify Form Under Section 448.095 Florida Statutes - E -Verify Form.pdf - Wednesday July 21, 2021 14:15:52 • W-9 Form - SEAL Signed W9 2021.pdf - Wednesday July 21, 2021 14:16:30 • Supplemental information relative to this ITB - Bid 089-2821-21- Discrete Analyzer and Maintenance - SEAL Analytical - Technical Response - AQ300.pdf - Wednesday July 21, 2021 15:12:06 • Additional Document - SEAL Analytical Additional Information.pdf - Wednesday July 21, 2021 15:14:16 Bid Number: 089282121 Vendor Name: � g2 n 6tl0 l9/4 Addenda, Terms and Conditions SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure the purchase of one (1) Discrete Analyzer. Specifications included, but are not limited to an automated chemical analyzer in which the instrument performs tests on samples that are kept in discrete cuvettes, a computer capable of running the instrumentation, operating software, start-up accessories, training, and installation. This instrument must perform tests on Ammonia, Nitrate, Nitrite, Alkalinity, Chloride, Color, Total Hardness, Sulfate, and Orthophosphate. This instrument would be used for the identification of nutrients for water quality purposes, including evaluation for long-term trends, effectiveness of the County's groundwater protection program and identification of water quality problems. AWARD: Successful Bidder awarded shall ensure that proper and sufficient equipment, and materials, will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. P IANe have the authority to bind the Company and submit this Bid on behalf of the Bidder. - James D. Romnek, Controller, SeAL Analytical Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed nlli File Name mIllowwraddenuatlaairiru and Pages zntachiriru irons giit a1l:gI'"II iiCa1l:dQ� Addendum No 1 - 089282121 - Discrete Analyzer Thu July 15 2021 08:23 AM Bid Number: 089282121 Vendor Name: 5ZAL n� tl0 19/4 Consent Agenda 8/17/2021 Requested Action by Commission: Approve Amendment No. 1 to Task Order UT -2A-02 with Jacobs (formerly CH2M Hill Engineers) in the amount of $44,676 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by City Commission on September 7, 2018 for additional tasks associated with Pilot Testing and Improvements to Pre -Treatment and NF Membrane Skids at the West Water Treatment Plant. Explanation of Request: On September 15, 2020, the City Commission approved Task Order UT -2A-02 with the engineering consultant, Jacobs (formerly CH2M Hill Engineers), for Pilot Testing and Improvements to Pre -Treatment and NF Membrane Skids at the West Water Treatment Plant. The study includes evaluating which membrane elements are the most efficient and effective to provide the highest water quality treatment from the raw water production wells for the West Water Treatment Plant. The study also includes evaluating pretreatment improvements, including reducing sand and other solids by means of a sand strainer or sand filter. After the study is completed, the consultant will prepare the design criteria to be used for the replacement of the current membrane elements and trains. The current membrane elements are past their useful life and in need of replacement. Amendment No. 1 is required for additional membrane pilot run time with the pretreatment sand filters. The sand filters were delivered to the site and placed in operation on July 8, 2021. The delivery delay was caused by the manufacturer not being able to obtain the raw materials as anticipated due to the Covid-19 pandemic and Texas Freeze in February and March 2021. In addition, the consultant will assess the production failure of full-scale Membrane Skid 3, and review of repair and replacement options for placing the skid back in service. How will this affect city programs or services? The outcome of the pilot study will assist Utilities staff in the selection of the most efficient pretreatment process and membranes for providing the the highest water quality that the West Water Treatment Plant treats on a daily basis. The eventual replacement of the membranes may bring about operational savings while maintaining or improving water quality for the utility customers. Fiscal Impact: Funding is available in the Utilities CIP account 403-5000-533.65-02 WT2101. Alternatives: Do not approve the amendment and the additional services. Strategic Plan: Page 178 of 574 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ArTIE)indirTIENI'lt D fl'..-isk OrdE)r D PLArchaSE) OrdE)r Description ArTIE)indirTIENI'lt No� 1 Fliroposa� CL.J1ir'ir'E)1['1t fl'..'isk OrdE)r CL.J1ir'ir'E)1['1t PLArchaSE) OrdE)r Page 179 of 574 Task Order #UT -2A-02, Amendment 1 - Professional Services for Pilot Testing and Improvements to Pre - Treatment and NF Membrane Skids at the West WTP Background Through purchase order #210345, dated 10/15/2020, the City of Boynton Beach (CITY) authorized CH2M HILL Engineers Inc, now Jacobs (CONSULTANT) to execute Task Order #UT -2A-02 Professional Services for Pilot Testing and Improvements to Pre -Treatment and NF Membrane Skids at the West WTP. The task order consisted of three main tasks, covering Task 1 pilot testing, Task 2 Design Criteria Document and Task 3 Services During Construction. CITY wants to move forward with making an amendment to this task order to accommodate additional tasks identified during the execution of the work and necessary for successful completion of the project. CITY requested Amendment 1 from CONSULTANT as outlined below. Scope of Services CONSULTANT will make the following amendments to the scope of work of Task Order #UT -2A-02. TASK 1 — PILOT TESTING Due to significant increase in lead times of internal plastic parts caused by Covid-19 and Texas Freeze in February and March 2021, the sand filter was only delivered to the site late June. After purchasing and assembling connecting pipes and valves by CONSULTANT, the sand filter has been operational since the second week of July 2021, leaving only 3 weeks of steady state pilot run time, which is considered insufficient. In addition, CITY requested CONSULTANT to perform four membrane autopsies. This amendment covers the extension of the pilot plant study with an additional 4 weeks for a total of 24 weeks operation. This extension will allow sufficient run time with the sand filter as pre-treatment for the NF membrane skid, allowing a fair evaluation with the sand strainer NF pre-treatment alternative that has been pilot tested for over 2 months. It will also allow sufficient run time with the third set of membrane elements, e.g. from vendor Dupont/Dow. The time extension will incur additional labor to run the pilot plant equipment and organize sampling and analytics. The time extension will also incur additional expenses due to extra pilot equipment rental costs, membrane autopsy costs and mileage expenses. TASK 2 — DESIGN CRITERIA DOCUMENT TASK 3 — SERVICES DURING CONSTRUCTION No changes to both tasks. TASK 4 — ENGINEERING SUPPORT NF SKID 3 Early April full-scale NF Skid 3 seized operation and was unable to produce any water, limiting the capacity of the West WTP. CITY has requested the support from CONSULTANT for the following tasks: Assess the cause of production failure of Skid 3 based on available SCADA and daily sheet data, prior normalization spreadsheets and visual inspection. Review skid modification options to repair the skid, coordinate cleaning efforts and recommence water production. V�) Val 1 2P, C)V, 1 Ltll€aa rr€:6 a'r VVI 4k (`,I IVpaI I IIII I ncIla E.r"In aa €I €; V Page 180 of 574 • Look at different replacement membrane element options with vendors, including new and used elements. • Discuss and obtain quotes for membrane element installation in this skid from one or two membrane system suppliers. • Present options to CITY for decision making The final deliverable of this task will be a summary of findings in PowerPoint Presentation format, supported by additional emails and phone calls if required. Compensation Services proposed by CONSULTANT in this task order will be performed in accordance with the General Consulting Services Agreement for RFQ No. 046-2821-17/TP, executed on August 22, 2018. CONSULTANT proposes to perform the work described herein on a lump sum basis, based on the Fee Table of the contract. The total engineering fee including labor and expenses associated with this amendment is $44,676, as shown in the table below. TASK HOURS RATE TOTAL Task 1 Pilot Testing (additional 4 weeks) Project Manager 20 $235.00 Project Manager 16 $235.00 $3,760 Sr. Mechanical Engineer 8 $192.00 $1,536 Engineer 16 $125.00 $2,000 Process Engineer 80 $107.00 $8,560 GIS Specialist/Procurement 24 $125.00 $3,000 Expenses Subtotal task 48 $15,864 Subtotal task 144 $34,720 Task 2 Design Criteria Document Subtotal task $0 Task 3 Owner's Rep. Services During Construction Subtotal task $0 Task 4 Support NF Skid 3 Project Manager 20 $235.00 $4,700 Sr. Mechanical Engineer 24 $192.00 $4,608 Engineer 0 $125.00 $0 Process Engineer 4 $107.00 $428 Clerical/Administrative 0 $88.00 $0 Expenses $220 Subtotal task 48 $9,956 TOTAL $44,676 C.) 'l-rlJ 1 ,/P, 02, 1 "rl €aE;1 PY €':6 E!1'r UU k C1 12V1 I IIII n€; Ila fa"": In a1 €1 2 €; � Page 181 of 574 Project Schedule The intended additional time associated with the deliverables of Tasks 1 and 2, as well as the overall project schedule, is 30 calendar days. The proposal is effective for 30 days. The contact person of CONSULTANT for this Task Order is GJ Schers, 550 West Cypress Creek Road, Suite 400, Fort Lauderdale, FL 33309, Direct (954) 513-1540, Mobile (239) 404-0245. Authorization Submitted by CH2M HILL Engineers, Inc By. Name: Sirpa H. Hall, PE Title: Senior Business Vice President Date: 07/30/2021 C.,) 'fllJ 1 ,/P, 02, 1 "rl €aE;1 PY €':6 E!1'r UU k C1 12IM I IIII I n€; Ila f;i,": In a1 €I €; � Page 182 of 574 Task Order #UT -2A-02 - Professional Services for Pilot Testing and Improvements to Pre -Treatment and NF Membrane Skids at the West WTP Background The City of Boynton Beach (CITY) owns and operates the West Water Treatment Plant (WTP), commissioned in the early 1990's. The West WTP treats Surficial Aquifer groundwater and has a fairly typical process for this type of groundwater. Pretreatment consists of sulfuric acid injection, cartridge filtration, and then scale inhibitor injection. Main treatment consists of six membrane skids with two stage NF treatment and first stage permeate throttling. Post treatment includes degasification of NF membrane permeate, sodium hydroxide for pH correction and sodium hypochlorite for disinfection. The raw water contains elevated levels of hardness, alkalinity, organic material, and color and modest levels of hydrogen sulfide and iron. Treatment includes a bypass blend arrangement, however this is currently discontinued because of increased hardness passage in Stage 2. The first phase of the West WTP, covering the majority of equipment and structures present today, including NF skids 1-3, was constructed in the early 1990's. The second phase, adding additional cartridge filters, feed pumps and NF skids 4-6, was constructed a few years later. All NF skids are now over 25 years old. As part of a previous task order (#UT -2A-01 Professional services for NF Membrane Replacement at the West WTP), Jacobs concluded that the existing NF skids are in fair condition and should be refurbished or replaced altogether. A few pressure vessels are leaking, Victaulic connections and pressure vessel straps are corroded, and several pressure vessel supports are missing. Each NF skid has 26 vessels in Stage 1 and 10 vessels in Stage 2 and each pressure vessel contains six 8 -inch diameter and 40 -inch long membrane elements. The average flux is around 16.8 gfd. Each skid has a recovery rate of 85 percent. First stage permeate throttling is used for flux balancing between Stages 1 and 2. The current membrane elements are Dow NF90-400 in Stage 1 and Dow NF270-400 in Stage 2. The installed membrane elements have been in operation for 16 years. The hardness rejection has been significantly reduced over time and they are at the end of their useful life. Based on CITY's records, the last membrane replacement was done in 2004 for Skids 1-3 and in 2006 for Skids 4-6. CITY wants to move forward with membrane element replacement and would like to verify membrane performance through a pilot study and compare with results of membrane projection software. As part of recent projects with the University of Central Florida (UCF), CITY evaluated options for membrane pre-treatment. Since the western wellfield started to supply raw water to the East WTP in 2017, particulate loading rate at the West WTP has significantly increased. Consequently, the West WTP has experienced solids buildup in the cartridge filters, incidental SDI spikes in the raw water and pressure differential fluctuations across both membrane stages. Besides this, CITY is interested in reducing or eliminating sulfuric acid and evaluating the use of non -tracer scale inhibitors. It was recommended to perform a membrane pilot study with the following objectives • Investigate size and type of particulate loading and evaluate pre-treatment alternatives to minimize particulate fouling. • Use alternative scale inhibitors to provide protection against scaling under reduced sulfuric acid or sulfuric acid -free (called `reduced acid') feed water conditions. • Measure membrane performance and verify against results of membrane projection software CITY wants to move forward with the pilot study and subsequently with implementation of the pre-treatment improvements and NF membrane skids 1-6 replacements, through a progressive design -build project delivery method. CITY requested an Owner's Agent type scope of work from CH2M HILL Engineers, Inc., now Jacobs, (CONSULTANT) as outlined below. I (3 fAJ I ,-'A 02 :Yk-A I e ,fhnqe uld IrnprovF.rnunh-,, ,O V\/esV\I I P 01 121VI 1 IH L nghn. rs Inc, 11,go '1 (A "ICJ Page 183 of 574 Scope of Services CONSULTANT will develop a project execution plan for this project and will perform project management activities for this task order under the Consulting Services Agreement between the City of Boynton Beach and CH2M HILL Engineers Inc, dated August 22, 2018. This includes project coordination between CITY, CONSULTANT, equipment vendors and others, document controls, QA/QC on deliverables, health & safety plan, scheduling, invoicing and home office support activities for this project. The level of effort for project management is included in the tasks below. The following sections describe the services to be performed under each task. TASK 1 — PILOT TESTING A pilot study will be performed to test up to three membrane element combinations as selected by each membrane element manufacturer based on historical raw water quality and finished water quality goals, to investigate effective pre-treatment to deal with the increased particulate loading and to reduce acid feed conditions. The anticipated NF pilot skid has a capacity of 20,000 gallons per day, configured in a 2:2:1:1 array of 4 -inch diameter three and four element vessels. This unit is designed to replicate the two-stage full-scale system and can achieve 85 percent system recovery. The unit is self-contained, includes cartridge filtration vessel and feed, interstage & chemical metering pumps and will be installed in the NF Building. The unit comes with skid instrumentation and control panel pre-installed, and requires a 480 V, 3-phase & 60 Hertz connection. In addition, a granular multi -media filter and sand strainer pilot unit will be obtained to test the particulate material removal performance. A booster pump will be installed to get the appropriate raw water flow and pressure. These pilot units and booster pump have instrumentation pre-installed and require 120 V, 1 - phase & 60 Hertz connections. Chemical storage totes, interconnecting piping and electrical cabling will be obtained to complete the pilot plant installation. It is anticipated that the pilot study will last approximately five months with the initial two months focusing on pre-treatment evaluation and optimization with the remaining three months focusing on the performance of different membrane element combinations. It is expected that each membrane element combination will require approximately one month of pilot testing. As part of this first task, CONSULTANT will provide membrane pilot study services listed below 1.1. Hold a project kickoff meeting attended by up to two team members to discuss project schedule and approach, current NF skid operations and water quality performance, anticipated changes, initial pilot plant approaches and obtain input from operations staff. 1.2. Collect and review latest information from site (recent primary and secondary drinking water parameters, updated feed and permeate water quality, skid normalization spreadsheets, recent particulate testing information, etc) 1.3. Evaluate and select the following pilot plant equipment: • Sand strainer manufacturer, pilot unit size, filter rating and loading rate (from Bollfilter, Hydac or RP Adams) • Granular media filter vessel, media depth and size and filtration rate (from Intuitech or possibly self -assembled) • Membrane element combinations (from Hydranautics, Dow and CSM) • Scale inhibitors products for reduced acid feed pre-treatment conditions (from AWC, Avista) by using membrane and scale inhibitor projection software and by contacting vendors to confirm anticipated performance. 1.4. Develop draft pilot plant installation requirements Technical Memorandum (TM) including site inspection to determine pilot and desktop work locations, shelter needs, electrical sources, water source and connection location, and wastewater disposal and connection locations. I (3 fAJ I 'A 02 I HcA Ie ,fhnq uld lrnprovF.iriunh-' O V\:"'-'YV\I I P 01 121V l lH L nghn. rs Inc, I' qo (A "ICJ Page 184 of 574 1.5. Develop draft pilot test protocols TM covering background and objectives, pilot system design criteria, process flow diagram and mechanical requirements, proposed schedule, required consumables, water quality sampling and analysis schedules, data acquisition, reporting, data logging sheets and reporting requirements needed to develop full-scale criteria. The protocols will also specify the division of operations and maintenance responsibilities (between CONSULTANT, CITY, equipment vendors and laboratory). 1.6. Meet with CITY to discuss and incorporate comments into the final version of the pilot plant installation requirements and pilot test protocols TMs. 1.7. Identify, procure, install and startup the required pilot equipment per approved pilot plant installation requirements. This task also includes pilot training for CITY's operations. During this subtask, the following aspects will be coordinated with CITY: • NF pilot skid and granular media filter & sand strainer locations. • Desktop work table and field lab location and arrangement. • Water connections for raw water feed. • Connection for wastewater discharge. • Power connections for 120 V and 480 V. • Remote data or CITY's WIFI communications connections, if applicable. • Purchase and storage of pilot consumables including membrane elements, cartridge filters, and chemicals. • Logistics of equipment delivery, offloading, storage and security arrangement. 1.8. Conduct the pilot study per approved pilot test protocols to verify expected performance under different scenarios. The first phase of the study will include initial characterization of well, feed and permeate waters, and include analysis of particulate matter, SDI, iron and organics. Then, the performance of sand and particulate removal processes will be reviewed, and performance of scale inhibitors verified against projection software under reduced acid feed conditions. Lastly, the performance of different membrane element combinations will be verified against projection software results. CONSULTANT will perform the following subtasks during the pilot study: Provide part-time (assumed up to 2 days per week) operations support to monitor pilot system performance, make operational adjustments, fix mechanical issues, conduct water quality sampling and water quality testing for field parameters, complete daily logs, and replace consumables. On days that CONSULTANT is not present on site, CITY will perform the sampling and field testing. Water quality analysis for remaining parameters will be done by CITY 's external laboratory. CONSULTANT will coordinate sample pickup and logistics with this external laboratory. • Compile and analyze skid operating and water quality analytical data and provide biweekly graphical representation for CITY (assumed up to 0.5 day per week). Biweekly status updates for CITY will be provided by conference call with the intent to verify the pilot study progress against the pilot test protocols and adjust schedule of remaining test work, if deemed applicable and necessary. 1.9. Prepare a pilot test report at the end of the study summarizing pilot operations, performance data, water quality, and make recommendations for membrane selection. The pilot report will also provide conclusions regarding pre-treatment configuration(s), and anticipated scale inhibitor and acid type and dose and present potential operational cost savings that can be realized by making membrane system improvements. 1.10. Meet with CITY to be attended by up to two team members to discuss the pilot study report and incorporate CITY's comments into the final version. I (3 Hi l l ,-'A 02 PH( -f les. hnq uld Irnprov.iriunh-, O V\o-:t-,YV\/ I P 01 121V 1 IH L nghn. rs Inc, I' gyro-,;"� (A "ICJ Page 185 of 574 Deliverables: • Meeting agendas and summaries (electronic). • Pilot plant installation requirements TM (draft and final). • Pilot test protocols TM (draft and final). • Regular status updates with CITY. • Pilot test report (draft and final) TASK 2 — DESIGN CRITERIA DOCUMENT As part of this task, CONSULTANT will provide professional services during the design criteria package development and bidding of the progressive design -build contract: 2.1. Hold a task kickoff meeting attended by up to two team members to discuss updated project schedule and approach, obtain input from operations staff on design options and criteria, and define the table of contents of the conceptual design and design criteria package documents. 2.2. Evaluate different pre-treatment solutions for particulate removal, covering sand separators and granular media filters based on pilot study results of Task 1. For sand separators, multiple manufacturers active in Florida for similar applications will be contacted and product information will be reviewed, and recommendations made. 2.3. Evaluate different solutions for minimizing membrane scaling by different combinations of reduced sulfuric acid and scale inhibitor pre-treatment, based on pilot study results of Task 1, in conjunction with post -membrane re -carbonation. 2.4. Evaluate changes to existing NF membrane system configuration, including: • Membrane skid size: replacing existing six skids like -for -like with 1.45 mgd each, versus for instance four larger skids of approximately 2.2 mgd each. Important considerations are capital cost, footprint and turn -down requirements. • Feed pump arrangement: maintaining existing feed pump arrangement versus converting to a dedicated feed pump per skid arrangement. This will include a discussion on capital cost, pumping, energy and control considerations. • Flux balancing: mantaining Stage 1 permeate throttling or using interstage booster pumps covering energy considerations, flux balancing and controls. • Skid array: maintaining existing 26-10 array with six elements per pressure vessel versus a different array with possible seven elements per pressure vessel. Important considerations are capital cost and minimum work space for replacing membrane elements. 2.5. Develop the conceptual design for the project. The conceptual design report will include a narrative of the work to be performed, design criteria, description of design options with recommendations and conceptual design drawings. 2.6. Meet with CITY to be attended by up to two team members to review the conceptual design report 2.7. Develop the design criteria package that will include design criteria and performance specifications of major equipment and preliminary design drawings. Drawings may include a site layout showing demolition of existing and installation of new equipment, general arrangement of NF building and conceptual electrical singe line, block & communication and process instrumentation diagrams. The design criteria package will also include a construction and startup sequence to minimize plant operations disruptions and plant interfaces. 2.8. Meet with CITY to be attended by up to two team members to review the design criteria package; I (3 fAJ l "12A 02 I HcA Ie ,fhnq uld IrnprovF.iriunh-' O VV:"'-'YV\I 1 P 01 121V I lH L nghn. rs Inc, l',qe 4 (A "ICJ Page 186 of 574 2.9.Assist CITY with preparing bid document for the contract, participate in the pre-bid meeting attended by one team member and provide responses to technical questions, answer any bidder's questions or address any changes or clarification required to the bid documents. 2.10. Review the bids and provide a bid -award recommendation to CITY. Deliverables: • Meeting agendas and summaries (electronic) • Conceptual Design (15% design level) document (electronic) • Design Criteria Package (30% design level) documents (draft and final) consisting of performance specifications and preliminary design drawings (electronic) • Technical information for bid addenda (electronic) • Responses to technical questions or provide clarifications during bidding (electronic) • Bid -award recommendation (electronic) TASK 3 — SERVICES DURING CONSTRUCTION As part of this task, CONSULTANT will provide professional and Owner's Rep. services during the detailed design and installation of the new equipment: 3.1. Provide 24 hours of support to CITY in providing feedback on the final design documents, shop - drawings, equipment cutsheets and requests for information (RFI) from the selected design -builder and their equipment vendors. 3.2. Observe selected construction work, equipment testing, membrane element loading, membrane skid startup and witness performance testing during up to 5 separate part -day site visits, with a total of 16 hours, to the WTP attended by one team member. Results will be documented in observation/witness sheets and made available to CITY. CONSULTANT will only visit after a specific request of CITY. These visits are intended to cover the testing of only a few critical pieces of equipment, not all since that is assumed to be done by the design -build contractor. 3.3. During the month following two NF skids startup, support CITY in optimizing operations of the new membrane skids for 1 one -day visit, with a total of 8 hours. These visits are intended to cover optimization of a limited number of skids. Deliverables: • Shop -drawing review and RFI response sheets (electronic) using City's E -builder software • Installation observation and test witness sheets (electronic) • Coordination memos/emails with operational staff for membrane optimization (electronic) Assumptions The following key assumptions were made in the compilation of this scope of work and the level of effort estimate: 1. CITY will provide existing record drawings, equipment cut sheets of NF skids and ancillary equipment, primary and secondary feed and finished water quality information, up-to-date feed and permeate water quality and NF skids operations data, including up-to-date normalization spreadsheets. 2. CONSULTANT will prepare an agenda and meeting summary of project meetings. 3. City will provide access to E -Builder Project Folder. I (,V fAJ I ,-'A 02 PH( -f I eshnqe uld Irnprov.rnunh-,, ,O V\o- -,X VV I P 01 121VI 1 IH L nghn. rs Inc, I' qo 5 (A "ICJ Page 187 of 574 4. Pilot testing will be performed with a membrane NF skid that will be leased by CONSULTANT from a membrane system supplier to be operated inside the NF building at the West WTP. The unit will include one full -pass 2 -stage pilot skid. Testing will also be performed on granular media filter and sand strainer pilot units that will be leased by CONSULTANT from an equipment vendor and will be located next to NF pilot skid. Other equipment and materials for the pilot plant, covering connecting PVC pipework, hoses and cables will also be provided by CONSULTANT, as well as some pilot consumables like membrane elements and scale inhibitors, except for electricity, cartridges filters and sulfuric acid; those will be obtained from CITY. Pilot systems will be designed for automatic operation, data logging and remote monitoring. Limited operator interaction will be needed for the occasional shutdown/restart of the system or to make minor adjustments of the system. After pilot testing is completed, rental pilot equipment will be returned to the vendors and other pilot materials and equipment handed over to CITY. 5. CONSULTANT will install the pilot plant equipment, partly through a licensed subcontractor and partly through own labor with an allocation of up to 80 hours of on-site support during pilot installation, startup and decommissioning. This includes installation of PVC pipework and hoses for raw water pipeline and wastewater discharge pipelines, installation of additional flow meters and isolation valves. The CONSULTANT subcontractor will make the connections to source the feed water and wastewater pipelines and the terminations to the 120 V and 480 V electrical panels, at prior approved locations with CITY. Based on a site visit, the NF pilot skid and other pilot equipment will be located near the existing cartridge filters. Raw water will be sourced from an existing 1 -inch sample line inside the NF Building, wastewater will be discharged in the sump near the cartridge filters and the 120 & 480 V electrical connections will be obtained adjacent to the anticipated pilot equipment location. 6. CONSULTANT will supervise pilot equipment operations, take water samples, perform water quality analytics for field parameters and coordinate weekly pick-up of samples for water quality analytics of remaining parameters by CITY external laboratory, track and document pilot performance using daily logs. It is assumed that CONSULTANT will visit the site for normal operations an average of two full - days each week for a total duration of 20 weeks to verify operations, check consumables, take and coordinate water quality samples, and visually inspect the pilot plant operation. Field parameters may include pH, conductivity, SDI, calcium, hardness and alkalinity. 7. CITY will provide a sheltered, weather -protected location of the pilot equipment, suitable storage for chemical/supplies, inside the existing NF building, a desk -top work location close to the pilot plant to make field notes and perform water quality analysis for field parameters and provide access to CITY's wet laboratory on site to perform some basic titration and other simple water quality analysis for field parameters. Analysis of remaining water quality parameters will be performed by CITY's external laboratory, who will be contracted and get paid directly by CITY. Membrane element autopsies will also be contracted by CITY directly with a vendor. 8. CITY staff will accept delivery of the pilot plant equipment and other materials delivered to the site and store at an agreed location. CITY will also provide operation and sampling/analytics services at days CONSULTANT is not present on site. 9. CITY will provide CONSULTANT with CITY's standard front-end documents for progressive design - build project delivery. 10. CONSULTANT will prepare very conceptual single line, communication block and P&ID diagrams for the design criteria package, or alternatively will prepare a performance description of some of these items in the specifications, with final drawings to be prepared by the design -builder. 11. The preliminary design will include regular coordination with CITY and two formalized design submittals at conceptual (15%) and design criteria package (30%) design level. 12. The permits required for the project will be obtained by the design -builder. 13. The timing of the bid addenda, award recommendation and construction documents is dependent upon bidding and approval times. Tasks associated with bidding and construction phases will be provided in an as -needed basis and timing is dependent upon the bidding schedule administered by CITY and construction schedule of the design -build contractor. I O fAJ I ,-'A 02 I HcA I e ,fhnqe uld Irnprov.rnunh-,, ,O V\ :,S� VV I P 01 121VI 1 IH L nghn . rs Inc, I' qo VJ (A "ICJ Page 188 of 574 14. The number of reviews of bid addenda, shop -drawings, RFI, substitution requests, and number of site visits to the WTP site to observe membrane installation, witness performance testing and optimize operations are based on CONSULTANT's experience with similar Owner's Rep. work and with the design -build contractor performing well. If, for whatever reason, actual numbers deviate from the numbers proposed in this amendment, CONSULTANT may request an amendment to this contract to account for the difference in the level of effort. 15. CITY will provide construction oversight during the design -build construction and CONSULTANT will only review a few shop drawings, equipment cut sheets and RFIs; and witness a few equipment testing, membrane installation, startup and performance testing, after a specific request of CITY. Besides witnessing of these tests, CONSULTANT will not participate in the design -build construction. 16. The presence of CONSULTANT'S personnel at the construction site for witnessing installation and tests do not make CONSULTANT or CONSULTANT'S personnel in any way responsible for those duties that belong to CITY and/or the design builder or other entities, and do not relieve the design builder or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. 17. CONSULTANT and CONSULTANT'S personnel have no authority to exercise any control over any design builder or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the design builder or other entity or any other persons at the site except CONSULTANT'S own personnel. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement between the City of Boynton Beach (CITY) and CH2M HILL Engineers, Inc. (CONSULTANT) titled General Consulting Services for RFQ No. 046-2821-17/TP, executed on August 22, 2018. I (,V fAJ I ,-'A 02 :Yk-A I eshnqe uld IrnprovF.rnunh-,, ,O V\h -,X VV I P 01 121VI 1 IH L nghn . rs Inc, 11,go 7 (A "ICJ Page 189 of 574 Compensation Services proposed by CONSULTANT in this task order will be performed in accordance with the General Consulting Services Agreement for RFQ No. 046-2821-17/TP, executed on August 22, 2018. CONSULTANT proposes to perform the work described herein on a lump sum basis, based on the Fee Table of the contract. The total engineering fee including labor and expenses associated with the task order is $320,533, as shown in the table below. CONSULTANT will provide CITY a monthly invoice for the services provided based upon the schedule values detailed in the compensation table below, along with a summary of activities performed under this contract. An estimated earned value (percent complete) for each project sub -task will be the basis for progress payments. TASK HOURS RATE TOTAL Task 1 Pilot Testing Project Manager 104 $235.00 $24,440 Sr. Mechanical Engineer 54 $192.00 $10,368 Public Relations Specialist 4 $189.00 $756 Engineer 188 $125.00 $23,500 CADD/Technician 24 $116.00 $2,784 Process Engineer 616 $107.00 $65,912 Clerical/Administrative 52 $88.00 $4,576 Expenses $88,646 Subtotal task 1,042 $220,982 Task 2 Design Criteria Document Project Manager 84 $235.00 $19,740 Sr. Mechanical Engineer 234 $192.00 $44,928 Public Relations Specialist 8 $189.00 $1,512 Engineer 0 $125.00 $0 CADD/Technician 72 $116.00 $8,352 Process Engineer 112 $107.00 $11,984 Clerical/Administrative 20 $88.00 $1,760 Expenses $669 Subtotal task 530 $88,945 Task 3 Owner's Rep. Services During Construction Project Manager 4 $235.00 $940 Sr. Mechanical Engineer 48 $192.00 $9,216 Engineer 0 $125.00 $0 Process Engineer 0 $107.00 $0 Clerical/Administrative 3 $88.00 $264 Expenses $186 Subtotal task 55 $10,606 TOTAL $320,533 I (3 fAJ I "12A02IYk-A Ie,hnge uldIrnprovF.rnunh-,,,OV\h-,XV\IIP 01121VI1IH L nghn. rsIrrc,I' go'5(A"ICJ Page 190 of 574 Project Schedule The intended submittal time of each deliverable is included in the table below. The anticipated total duration of this amendment is 1095 calendar days. Task Deliverable Time from NTP Task 1 — Pilot Testing Meeting agendas and summaries As Needed Pilot plant installation requirements TM 4 weeks Pilot test protocols TM 6 weeks Regular status updates As Needed Pilot test report (draft) 32 weeks Pilot test report (final) 36 weeks Task 2 — Design Criteria Document Meeting agendas and summaries As Needed Conceptual Design (15% design level) document 44 weeks Design Criteria Package (30% design level) document (draft) 54 weeks Design Criteria Package (30% design level) document (final) 58 weeks Technical information for bid addenda As Needed' Bid -award recommendation As Needed Task 3 — Owner's Rep. Services During Construction Shop -drawing review and RFI response sheets As Needed 2 Installation observation and test witness sheets As Needed 2 Coordination with operational staff for membrane optimization As Needed 2 Notes: Timing of the bid support subtasks of Task 2 is governed by the timing of and progress made by City's Procurement and is outside the control of CONSULTANT. 2 Timing of the construction support subtasks of Task 3 is governed by the timing of and progress made by the design -build contractor and is outside the control of CONSULTANT. I (,V fAJ I ,-'A 02 :Yk-A I e ,fhnq uld Irnpi,c)V.iriunh,,, O VVo-..-,Y V\I I P 01 121VI 1 IH L nghn. rs Inc, I' qo �1 (A "ICJ Page 191 of 574 The proposal is effective for 90 days. The contact person of CONSULTANT for this Task Order is GJ Schers, 550 West Cypress Creek Road, Suite 400, Fort Lauderdale, FL 33309, Direct (954) 513-1540, Mobile (239) 404-0245. Authorization Submitted by CH2M HILL Engineers, Inc By: ,: „ � Name: Sirpa H. Hall, PE Title: Senior Business Vice President Date: 08/26/2020 I O fAJ I "12A 02 :Yk-A I eshnqe uld IrnprovF.rnunh-' ,O V\/esV\I I P 01 121VI L lH L nghnH=. rs Inc, P qo "ICJ (A "ICJ Page 192 of 574 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. 21034,� BOYNTON BEACH, FLORIDA 33425-0310 DA:Fh: * CONTRACT NO, I COMMISSION APPROVED: LINE# QUANTITY SHIP TO 1 220982.00 TO: CH2M HILL ENGINEERS City of Boynton Beach 550 W CYPRESS CREEK RD. WEST WATER ADMIN SUITE 400 FT LAUDERDALE, FL 33309 5469 W. BOYNTON BCH BLVD, information from site BOYNTON BEACH, FL 33437 Evaluate and select pilot plant equipment REQUISITION NO, 77170FORDERING DEPARTMENT: UTIL ADMIN TP RECEIVED installation * CONTRACT NO, I COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 220982.00 DL SCOPE OF WORK: 1,0000 220982.00 Task I - Pilot Testing Kick-off meeting Collect and review latest information from site Evaluate and select pilot plant equipment Develop draft pilot plant t RECEIVED installation requirements Technica-, Memorandum Develop draft pilot test protocols OC F 2 0 2020 TM Meet with City to discuss and incorporate comments BOYN11"ON BFAC;1i UTILF]"TES into final version of the pilot plant installation requirements and pilot test protocols Conduct the pilot study Prepare a pilot test report 2 88945.00 DL TASK 2 - DESIGN CRITERIA 1.0000 88945.00 DOCUMENT Kick-off meeting Evaluate different pre-treatment solutions for particulate removal, covering sand separators and granular media filters Evaluate different solutions for minimizing membrane scaling by different combinations of reduced sulfuric acid and scale inhibitor, pre-treatment Evaluate changes to existing NF membrane system configuration Develop the conceptual design for the project Meet with the City PROCUREMENT SERVICES: P C7 TOTAL: ACCOUNT NO. PROJECT .. ........... 403-5000-533.65-02 WT2101 DEPARTMENT Page 193 of 574 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. 4: 2;0345 BOYNTON BEACH, FLORIDA 33425-0310 DATE: ] 0/15/20 VENDOR 13426 TO: CH2M HILL ENGINEERS 550 W CYPRESS CREEK RD. SUITE 400 FT LAUDERDALE, FL 33309 SHIP TO: City of Boynton Beach WEST WATER ADMIN 5469 W. BOYNTON BCH BLVD,. BOYNTON BEACH, FL 33437 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST Develop the design criteria package Meet with the City Review B -',-ds and Provide a bid -award recommendation 3 10606.00 DL TASK 3- OWNER REPRESENTATIVE SVS DURING CONSTRUCTI Provide 24 hours of support to the City Observe selected construction work, equipment testing, membrane element loading, membrane skid startup and witness performance testing daring up to 5 separate part -day s...e visits with a total o� 16 hours Deliverables PROCUREMENT SERVICES: 1.0000 REMARKS: (SCOPEA) TASK ORDER IS TO PROVIDE ENGINEERING SERVICES FOR PILOT TESTING & IMPROVEMENTS TO PRE-TREATMENT & NF MEMBRANE SKIDS AT WEST WATER TREATMENT PLANT. RFQ 046-2821-17/TP GENERAL CONSULTING SERVICES AGREEMENT WAS APPROVED BY COMMISSION 8/17/2018. COMMISSION APPROVED TASK ORDER UT -2A-02 ON 9/15/2020, HOWEVER THE TASK ORDER NUMBER SHOULD HAVE BEEN UT -2A-03., ACCOUNT NO. PROJECT 403-5000-533.65-02 WT2101 P.O. TOTAL 10606.00 32.0533,00 DEPARTMENT Page 194 of 574 M. Consent Agenda 8/17/2021 Requested Action by Commission: Approve a change to Task Order UT -11E-03 with Gentile Glas Holloway O'Mahoney and Associates, I nc. in the amount of $144,374.50 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to design a pedestrian crossing of Federal Highway from the Senior Center to the Historic Woman's Club of Boynton Beach (HWCBB) and to design the Senior Center parking lot. Explanation of Request: In December 2019, the City issued purchase order 200655 for $14,400 to develop a conceptual scenario of a pedestrian crossing at Federal Highway from the Senior Center to the HWCBB. The work also included developing a conceptual parking plan for the Senior Center. I n J my 2020, an additional service for $15,400 was added to the purchase order to refine the conceptual plan and submit it to the Florida Department of Transportation and Palm Beach County Traffic for review. Staff is requesting the approval for Phase I I of the project which is to complete the design: turning the conceptual parking lot and pedestrian crossing into a design plans. This work includes: Site survey, Geotechnical services, Landscape plan, Site lighting design Civil engineering plans and drainage calculations, Estimate of proposed cost, and Signalization Plans Palm Beach County and Florida Department of Transportation Permit submittals Bidding assistance Construction inspection services The original task orders were for $29,800. The Phase I I and amended task order amount will be $174,174.50. How will this affect city programs or services? This project will provide information (i.e. plans, budget, and a schedule) that will allow managers to make decisions about the use of the HWCBB and Senior Center. Fiscal Impact: The funds are budgeted and will be taken from: 303-4111-572.62-01, RP2038 - For the Senior Center Parking Lot, and 302-4905-580.63-07- for the Pedestrian Crossing Alternatives: Strategic Plan: Page 195 of 574 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description AttachirTIENI'lt 1 1 10 Agir'E)E)irT1E)1['1t AttachirTIENI'lt 2 1 10Fliroposal� Attac,hirTIENI'lt 3 CoincE)�Pkjda Ipbin for Ipa irkiing Ilot Attac,hirTIENI'lt 4 CoincE)�Pkjda IpEdE)Striain cirossiing pbin Page 196 of 574 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT', in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17frP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term "Agreement" has the same meaning as the term "contract". Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-1 Page 197 of 574 its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-2 Page 198 of 574 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-3 Page 199 of 574 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-4 Page 200 of 574 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL G-5 Page 201 of 574 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arch itecturaVeng ineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-6 Page 202 of 574 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre -construction conferences; ❖ Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; •A Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-7 Page 203 of 574 11- Maintenance and preparation of progress reports; ❖ Field observation and verification of quantities of equipment and materials installed; •3 Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; ❖ Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; ❖ Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; ❖ Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-8 Page 204 of 574 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site') other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. ❖ Assistance in connection with Proposal/proposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-9 Page 205 of 574 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. ❖ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. ❖ Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. ❖ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-10 Page 206 of 574 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-11 Page 207 of 574 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task ordertwritten task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-12 Page 208 of 574 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; 4• CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; ❖ CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. ❖ CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: ❖ The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-13 Page 209 of 574 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: ❖ Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ❖ Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-14 Page 210 of 574 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. s The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice' on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-15 Page 211 of 574 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-16 Page 212 of 574 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-17 Page 213 of 574 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-18 Page 214 of 574 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL G-19 Page 215 of 574 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 -DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-20 Page 216 of 574 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-21 Page 217 of 574 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services C-22 V.5 CLEAN FINAL Page 218 of 574 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Gentile Glas Holloway —O'Mahoney & Associates, Inc. Attn: Geor a G.Gentile 1907 Commerce Lane Suite 101 Jupiter, FL 33458 ARTICLE 25 -.INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-23 Page 219 of 574 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(?&BBFL.US Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-24 Page 220 of 574 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of Zp j CITY OF BOYNTON BEACH o , City M pager Attest/Authenticated: Title ' Approved jqs to F Offic of the C-iA 6#ehey Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-25 Page 221 of 574 EXHIBIT "A" SCOPE E - FEE SCHEDULE PRIME: Gentile Glas Holloway O'Mahoney & Associates, Inc. SUBCONSULTANT: Stephen Boruff, AIA Architects + Planners, Inc. REVISED DATE: July 2, 2018 Personnel Classifications Hourly Rate Principal $166.00 Project Manager $131.50 Senior Engineer N/A Senior Planner $129.40 Senior Architect $165.00 Senior Landscape Architect $122.30 Senior Surveyor/Mapper N/A Structural Engineer N/A Architect $125.00 Urban Designer $129.40 Planner $76.27 Landscape Architect $102.96 Inspector (Zoning & Landscape) $78.90 GIS Specialist $94.68 Architectural CADD/Technician $74.00 Planning Technician $54.26 Clerical/Administrative $37.13 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities - General Consulting Services C-26 V.5 CLEAN FINAL Page 222 of 574 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal Garage Liability---_________..____. Any Auto Garage Keepers Liability ------------------------------------------ Excess Liability Umbrella Form ------------------------------------------- Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk ---------------------------------------------- Other - As Risk Identified MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal & Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 500,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Auto Only, Each Accident $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL Each Occurrence to be determined Aggregate to be determined — Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 $ 300,000.00 Limits based on Project Cost to be determined A!M Page 223 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: I I Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity, Report, Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction PhaselCompletion 2. Name of Project: 3. Project Mana er: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than yes, Provide detailed explanation on a separate sheet of a er. 8. Name, title, and office of ratin officer e.. Utilities Director): 4. Si nature ofratin officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-28 Page 224 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 fn A Uui+h c he:.... 4-6– L.:.•.6__a 1. i ation 1 2 3 4 5 4 5 3. Accuracyof documents 1 2 3 4 4 5itations 53. 4. uitabili 1 2 3 4 5es 5. 7hnoroughvest11 onsive 1 2 3 4 55. 6. bmissions1 1 2 3 4 56. 7. ailed 1 2 3 4 57. 8. rac 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numaric_ally i to r.—i♦h c tt.e:.,,, ai.– _---- 1. 2. Secs afford competition Secs com letetthorou h 1 1 2 2 3 3 4 5 4 5 3. Accuracyof documents 1 2 3 4 5 4. Re uirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conferenceparticipation— 1 2 3 4 5 8. Response to in uiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building& permittinga encies 1 2 3 4 5 11. Addendum preparation & 122rmit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-29 Page 225 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 Page 226 of 574 Rate numerical) 1 to 5 with 5 bein the hi hest score N/A 1. Drawin s Reflect True Conditions 1 2 3 4 5 2. PlanslS ecs Accurate/Coordinated 1 2 3 4 5 3. Desi n Constructabili 1 2 3 4 5 4. Timeliness/Quali of Processin Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availabili 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quali of Su ort Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Pro'ect Closeout Documentation Review 1 2 3 4 5 10. Validit of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Re ulato Agencies? 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc.) 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dis ute s ? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 Page 226 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with r% hcin., ftio h:..:,aaE MIA 1. Thorou h investigation of situation or activity 1 2 13 14 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Acc racy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem solving? 1 2 3 4 5 7. Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-31 Page 227 of 574 tN fa!'71 A; M CONFIRMATION OF ADDITIONAL PROFESSIONAL SERVICES Client: Gary Dunmyer, City Engineer Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 PH. 561-742-6231 dunmyerg@bbfl.us Mail to: P.O. Box 310 Boynton Beach, FL 33425 Re: Professional Planning Services for Senior Center and Woman's Club Utilization — Preliminary Parking Lot Design (ORIGINAL-TO#UT-1 E-03) Date: March 10, 2021 REV June 29, 2021 Name: Design- Parking Lot & Ped Crossing Design Add'I C.O.#2 Job Number: 19-0502.4 This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney & Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. The scope of requested services is described herein: Agreement for Services: The Consultant agrees to provide additional design services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated and executed February 15th, 2018 shall apply to this authorization of services. B. See original contract #19-0502.2 for other specific requirements. SCOPE OF WORK: The Design Team will continue the development of the preferred scenario for the Senior Center property, the parking lot area located west of US 1 and the pedestrian crossing to the Woman's Club. The proposal includes services of the Civil Engineering Consultant Simmons & White Engineers, Planning, Consulting for the engineering aspects of the project. Their proposals and fees are attached and made a part of this agreement. The Civil Engineering Consultants proposal includes fees for TsFGEO for Geotechnical Services for the Senior Center Parking lot and TsFEGEO Geotechnical Services and Brown and Philips for surveying for the Boynton Beach Senior Center Pedestrian Crossing. TASK 2: DETAILED ANALYSIS OF PREFERRED OPTION(S) Based on Client selected preferred option for the Senior Center and Woman's Club, and the on-going coordination with the Client, the Consultant team shall develop the preliminary site plan with engineering to further evaluate the parking redesign and crossing for consideration of the Client. Updated survey, construction documents, lighting and irrigation design, and permitting are not included in this Task. The proposal provides: 1. Continued Planning and Landscape Architecture in consultation with Engineering services for development of preliminary site plans consistent with the parking layout of Page 228 of 574 Boynton Beach Senior Center — Preliminary Design Parking & Ped Crossing Add] / Job No. 19-0502.4 Add] C.O. #2 March 10, 2021 Page 2 of 3 the preferred option as a part of an overall plan with the pedestrian crossing. Civil Engineering Services coordination. As needed graphics and presentation materials as may be required and Client approved under reimbursable expenses. DELIVERABLES: Design development level site plan, landscape plan coordinated with preliminary engineering for further Client consideration. Anticipated up to 3 virtual coordination meetings. TIMEFRAME: Anticipated 6-8 weeks from kickoff. TASK 3: IMPLEMENTATION ON RECOMMENDATIONS Based on the Conceptual Site with Preliminary Engineering in consultation with the Client, the Consultant team shall develop documents for Administrative review by the City. Engineering permit and construction of the parking areas and pedestrian crossing associated with the preferred option by others. Application and permit fees are not included in this Task. The proposal provides: 1. Planning and Landscape Architecture services to include team coordination and meetings, site plan, landscape plans, application and permit consultation, and representation. Lighting and irrigation services not included. 2. Civil engineering services are included as a part of this proposal and are attached as Exhibit A for the Senior Center Parking lot and Exhibit B for the Senior Center Pedestrian Crossing. 3. As needed graphics and presentation materials as may be required and Client approved under reimbursable expenses. DELIVERABLES: Project coordination through construction administration. Construction documentation including final construction plans, agency review and permitting assistance if required, and construction administrative services. Virtual project meetings or team updates for coordination as required. TIMEFRAME: TBD. COMPENSATION: Compensation for services rendered by the Consultant Team shall be a fixed Fee of One Hundred Thirty Thousand Eight Hundred and Forty -Nine Dollars 60/100 ($130,849.60) plus reimbursable expenses. TASK 2 Additional Services FEES 2GHO (Land Planning & Landscape Architecture) $7,700.00 Coordination, Design, and Meetings Task 2 Subtotal: $7.700.00 TASK 3 FEES 2GHO (Land Planning & Landscape Architecture) Project Coordination, Site Plan, Landscape Plan, Application $11,200.00 Construction Documentation & Permitting $ 5,500.00 Construction Administration Services $ 3,500.00 Coordination of Consultants $ 7,260.00 Subtotal: $27,460.00 Simmons and White Civil Engineering -SC Parking lot Paving and Drainage Design $17,500.00 Geotechical Services $ 3,192.00 Lighting Design $ 6,402.60 K:ICompany Information lClient ProposalslCity of Boynton BeacMSenior Center assignmentslsenior center. 41Final Proposal CDIDraftlSenior Center - Parking 19-0502.4 rev 06.21.21.doc Page 229 of 574 Boynton Beach Senior Center — Preliminary Design Parking & Ped Crossing Add'I / Job No. 19-0502.4 Add'I C.O. #2 March 10, 2021 Page 3 of 3 Cost Estimates and Bidding Assistance (hourly budget) $ 4,500.00 Services During Contruction (estimated billed hourly) $ 7,500.00 Subtotal: $39,094.50 Simmons and White Civil Engineering -SC Pedestrian Crossing Signalization Plans $17,000.00 Off -Site Roadway & Striping Plans $10,000.00 Structural Analysis $ 3,000.00 Cost Estimate & Bidding Assistance (hourly budget) $ 3,000.00 Palm Beach County Approval $ 5,000.00 FDOT Construction Agreement $ 7,500.00 Geotechnical Engineering $ 4.150.00 Subsurface Utility Exploration (SUE) $ 4,800.00 Survey for SUE $ 2,670.00 Services During Construction (estimated billed hourly) $ 7,500.00 Task 3 Subtotal: $64,620.00 REIMBURSEABLE ALLOWANCE: Not to exceed Five -Five Hundred Dollars ($5,500.00). Does not include any governmental submittal or processing fees or modeling graphics. CONTRACT TOTAL: $138,874.50 plus reimbursable expenses Compensation by Client to Gentile Glas Holloway O'Mahoney & Associates, Inc. for these services will be based upon: ® The above services including up to the estimated construction services fees shall be provided for a fixed fee of One Hundred Thirty Thousand Eight Hundred Fifty Dollars ($130,350.00) plus reimbursable expenses to the maximum indicated above. ® Construction Services require beyond the estimate fee for the Civil Engineering consultant and all Additional Services shall to be provided on hourly basis at cost on rates as stipulated in our master agreement executed February 15, 2018 (2GHO, Inc.) and Civil Engineering rates as indicated in Exhibit 1 and Exhibit 2 attached herein. A. All other provisions of our existing agreement dated above shall apply to this authorization of additional services. This Agreement was entered the day and year first above written. Confirmation Order City of Boynton Beach By: Name: Title: Date: Gentile Glas Holloway O'Mahoney & Associates, Inc. (Consultant) By: Name: George Gentile, PLA, FASLA LEED AP®BD+C Title: Senior Partner Date: June 21, 2021 K: Company Information lClient ProposalslCity of Boynton BeacMSenior Center assignmentslsenior center. 41Final Proposal CDIDraftlSenior Center - Parking 19-0502.4 rev 06.21.21.doc Page 230 of 574 g N eptaoj� `uoeog uoluSog o ° 3g s m m s ` Ucs��a wa�a�mw�o a�mz,o�ssss�3� wq JIJOISIH IP Jaluaj JolooQs�0�0 � uedluaudojOAOPOHOJIS m� m N�oo;dqnj� suuas m s pb,ou sajsl a Y N L----------- J, I y J a b -C � 4-1 IL �3hz 1 _ l z Q r^- F 1 _ a w V o a z om o �1 z9w 3�z Quo � * v N NVId ONN13NION3 ivnid3ONOO �H.H3s3ad�n d»HOH� aawuvw VO180ld' HOV39 NOlNA09 d0 X1IO �Ul i {I 101L am Ai VMSS080 NVNiS303d rwvaa 0 81IN30 HOIN3S HOV39 NOINA08 L�-z� sNoisv�aa ,,, „ „ r , , , � oz�eo�m �w a w� U �� z z ()o C Jz F=w � a¢ w a N iII ¢ w w F F ��z a w a w C o o ¢ ¢F a0 z w Q a a U w F �U1wo� 3U ~ Z U Q zo3�§ F U 0 ¢ U �o � z U z *p /JN �-� Xw > > x ,—' a5x m Of Of �5 Header C`arb i�� Q o zo3 U C7 10 W x U w z ¢ _ z W q 0 a w� Ox �� z z ()o C Jz F=w � a¢ w X w> cn w g iII ¢ w w F F W ¢ a 0 Y ¢ m w U a o ¢ ¢F a0 z z U w F �U1wo� 3U ~ Z U Q zo3�§ F U 0 ¢ U �o � z U z *p /JN U) � Q a w � U =olIZ.� m� a� ~O U w a Z o U U U K p < w Y ¢ w w U v 5 0 0 2 0 ¢ a0 U U 0 N af O S U` Z U z W w of 0aw z 0 O W ¢ a o II iII o L wmw F I SII U � oI W()m >zD U) (7i aw 0 U) U 0 � oi6 0 U o Q O F U D U) af Qz aZ 7 i \ o ( (~i v r — ' i a F¢ F¢ 5 CONCRETE WALK i m Ucl o o � cl m b Laf o U) U 0 U F z — z�w, a Y H X» O Q z J Z 0 WUJ CD)1 z Of Z Q W Lli w / < o a j m o �I wQa = zU a � U wW U U) C) w ¢ p 0 / w7 OOm U ¢ /z Cz �J Of / 0 W U w 0 O z I z w(DJ z¢w z¢ U a LL U Y wXw w< w ¢ a af z w w z0 w W m Q> U) U Q j 0 0 Q Q < ¢ m z a < 0 0 a j 0 m Da 0 DU Z Z Z U W D U U U U z w O U a 0 a a z \ U U U QQ 1 w w w w 01 z a a a> z zm F K U Of0 w � a U Ox �� wOm 0 0 �D w X C)o cn w g - W r `... 0 m a A a o U U w 0 III, z z Alohm) 3U Q zo3�§ s U �o � z U z j �-� Xw > > O O pzm �Uaf Q o ll U C7 10 W x U w z ¢ _ z W —U),w w w Q¢ 0 U o Q O F U D U) af Qz aZ 7 i \ o ( (~i v r — ' i a F¢ F¢ 5 CONCRETE WALK i m Ucl o o � cl m b Laf o U) U 0 U F z — z�w, a Y H X» O Q z J Z 0 WUJ CD)1 z Of Z Q W Lli w / < o a j m o �I wQa = zU a � U wW U U) C) w ¢ p 0 / w7 OOm U ¢ /z Cz �J Of / 0 W U w 0 O z I z w(DJ z¢w z¢ U a LL U Y wXw w< w ¢ a af z w w z0 w W m Q> U) U Q j 0 0 Q Q < ¢ m z a < 0 0 a j 0 m Da 0 DU Z Z Z U W D U U U U z w O U a 0 a a z \ U U U QQ 1 w w w w 01 z a a a> z zm F K U Of0 w � a Ox �� wOm 0 0 �D w X C)o 1 - W r `... 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()mafz Zafw �X U U w 0 x W �o i Alohm) 0 U o Q O F U D U) af Qz aZ 7 i \ o ( (~i v r — ' i a F¢ F¢ 5 CONCRETE WALK i m Ucl o o � cl m b Laf o U) U 0 U F z — z�w, a Y H X» O Q z J Z 0 WUJ CD)1 z Of Z Q W Lli w / < o a j m o �I wQa = zU a � U wW U U) C) w ¢ p 0 / w7 OOm U ¢ /z Cz �J Of / 0 W U w 0 O z I z w(DJ z¢w z¢ U a LL U Y wXw w< w ¢ a af z w w z0 w W m Q> U) U Q j 0 0 Q Q < ¢ m z a < 0 0 a j 0 m Da 0 DU Z Z Z U W D U U U U z w O U a 0 a a z \ U U U QQ 1 w w w w 01 z a a a> z zm F K U Of0 w � 6.K. Consent Agenda 8/17/2021 Requested Action by Commission: Approve Task Order UT -2E-05 with Alexis Knight Architects in the amount of $58,423 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to prepare design drawings for landscaping, roadway, and lighting improvements on West Ocean Avenue from NW 3rd Street to S. Seacrest Boulevard. Explanation of Request: June 15, 2021, Commission approved an Interlocal Agreement with the Boynton Beach CRA (R21-058) for various streetscape improvement projects. Staff is requesting Commission to approve a task assignment to Alexis Knight Architects (one of the City's continuing contract design professionals) to provide design drawings for West Ocean Avenue (from NW 3rd Street to, and including, S. Seacrest Boulevard). The work includes: Street lighting along W. Ocean Boulevard, New landscape areas, Milling and Resurfacing, New on -street parking, Grading/Drainage modifications, and Pedestrian Crossing enhancements to the intersection of S Seacrest Boulevard and W. Ocean Boulevard. The task order amount is $58,423. How will this affect city programs or services? This project will provide information (i.e. plans, budget, and a schedule) that will allow managers to make decisions about the growth and beautification of the community. Fiscal Impact: The funds are budgeted (see R21-059) and will be taken from 302-4905-580.63-07 Alternatives: Defer the improvement to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 233 of 574 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D I ocaboin li ap Description AttachirTIE)lllt 1 Cointract Wth Nbl)dS Kinight Attac,hirTIE)lllt 2 AKA Fliroposal� I ocaboin as Page 234 of 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R18-103 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL AGREEMENTS AS A RESULT OF RFQ NO. 046-2821-17/TP FOR GENERAL CONSULTING SERVICES FOR FIVE (5) SCOPE CATEGORIES TO BE EXECUTED BASED ON INDIVIDUAL TASK ORDERS IN COMPLIANCE WITH THE PURCHASING POLICIES AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 6, 2018, the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from responses received from RFQ No. 046-2821-17/TP for General Consulting Services; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to sign individual as a result of RFQ No. 046-2821-17/TP for General Consulting Services for five (5) scope categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the following firms as being qualified to provide General Consulting Services and does authorize the City Manager to sign the individual contracts: C \Users\StanzioneT\AppData\local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\General_Consulting_Services_(2018)_ _Reso.docx Page 235 of 574 32 33 34 35 36 37 38 SCOPE CATEGORY A Water Plant Modifications, Capacity and Operation Evaluation Carollo En ineers,lnc. CH2MHill Engineers, Inc. Globaltech, Inc. SCOPE CATEGORY B Infrastructure Improvements and Evaluations Carollo En ineers,lnc. Arcadis U.S., Inc. AEC—OM Technical Services, Inc. CDM Smith, Inc. SCOPE CATEGORY C Ancillary Studies and Services Carollo En ineers,lnc. CDM Smith, Inc. Globaltech, Inc.. SCOPE CATEGORY D Transportation Services Kimle -Horn and Associates, Inc. Calvin, Giordano & Assoc., Inc. Mathews Consulting SCOPE CATEGORY E Architectural and Landscape Design Services Gentile Glas Holloway O'Mahoney & Assoc., Inc. Alexis Knight Architects, Inc. West Architecture + Design, LLC Section 3. This Resolution shall become effective immediately upon passage. {Remainder of page intentionally left blank) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\General_Consulting_Services_(2018)_ _Reso.docx Page 236 of 574 PASSED AND ADOPTED this 7 1 day of August, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor— Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner — Joe Casello VOTE ATTEST: 4, e: 1(u.0 X 4 Juh A. Pyle, CNfV C y Clerk (Corporate Seal) C:\UserstStanzioneTAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\General Consulting_Services_{2018}_-_Reso.docx Page 237 of 574 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and ALEXIS KNIGHT ARCHITECTS, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17lTP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services © Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of ' The term "Agreement" has the same meaning as the term "contract". Boynton Beach Utilities - General Consulting Services C-1 V.5 CLEAN FINAL Page 238 of 574 its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities -General Consulting Services V.5 CLEAN FINAL C-2 Page 239 of 574 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-3 Page 240 of 574 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities - General Consulting Services C -4V.5 CLEAN FINAL Page 241 of 574 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-5 Page 242 of 574 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-6 Page 243 of 574 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre -construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-7 Page 244 of 574 Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; :• Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; *e Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-8 Page 245 of 574 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: *e Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. *e Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-9 Page 246 of 574 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. :• Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-10 Page 247 of 574 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-11 Page 248 of 574 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-12 Page 249 of 574 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; :• CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. *e CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-13 Page 250 of 574 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-14 Page 251 of 574 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-15 Page 252 of 574 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-16 Page 253 of 574 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C•17 Page 254 of 574 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL G-18 Page 255 of 574 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-19 Page 256 of 574 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 - DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach utilities - General Consulting Services V.5 CLEAN FINAL C-20 Page 257 of 574 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-21 Page 258 of 574 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL, C-22 Page 259 of 574 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Cily of Boynton Beach Copy to: Attn: Utilities Director Cite of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services- Boynton ervicesBo nton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Alexis Knight Architects, Inc. Attn: Steven W. Knight 100 NE 6 Street Suite 102 Boynton Beach, FL 33435 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-23 Page 260 of 574 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically. the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service, B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119. Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract. Contractor shall transfer to the CITY. at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(&BBFL.US Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-24 Page 261 of 574 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE, TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, LFS PARENTS. AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS. SHAREHOLDERS AND EMPLOYEES. ("CONSULTANT"S COVERED PARTIES"). SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this J;; day of A 4 Aj 20 CITY OF BOYNTON BEACH CitylUnager CONSULT Attest/Authenticated: Title � F City CI fk Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL m SEAL �! 14 2011' , M Attest/Authenticated: �e retary C-25 Page 262 of 574 EXHIBIT 'A' SCOPE E - FEE SCHEDULE FIRM: ALEXIS KNIGHT ARCHITECTS ATE: JULY 2 2018 REVISED Personnel Classifications Hourly Rate Principal - Alexis Knight Architects $135.00 Project Manager - Alexis Knight Architects $95.00 Senior Engineer $130.00 Senior Planner $130.00 Senior Architect - Alexis Knight Architects $85.()0 Senior Landscape Architect $110.00 for Surveyor/Mapper $120.00 SMictural Engineer $120.00 Architect - Alexis Knight Architeds $75.00 Urban Designer $95.00 Planner $$0.00 Landscape Architect $95.00 Inspector (Zoning & Landscape) $75.00 GIS Specialist $120.00 Architectural CAD/Techrwan - Alexis Knight Architects $75.00 Planning Technician $75.00 Gle6caUAdministratw $66.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at Lost Boynton Beach Utilities - General Consulting Services C-26 V.5 CLEAN FINAL Page 263 of 574 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terns and conditions of all contracts, leases, and agreements. the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The Cit, of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. ot"*B+' or higher. (ROTE :In insurance contract or binder may be accepted as proofof insurance if (ertifrczne is provided upon selection of cendoc) The following is a list of types of insurance required of contractors. lessees, etc.. and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ I.000.000mo Commercial General 1_iability Products-Comp/Op Agg. $ 1.000.00000 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1.000.000.00 Liquor Liability Each Occurrence $ 1,000.000.00 Professional Liability Fire Damage (any one fire) $ 50.000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500.000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50.000.00 Non -Owned Autos PIP Basic Intermodal __.__----------------------------------------_----------------------------------------------------------------------------- Garage Liability Auto Only. Each Accident $ 1.000.000.00 Any Auto Other Than Auto Only $ 100.000.00 Garage Keepers Liability Each Accident $ L000.000.00 -------------------------------------------------------------__-------------------------------------------------- Aggregate $ I.000.000.00 Excess Liability Each Occurrence -------------- to be determined ( mbrella Form ------ ------------------------------------------------------------------------------------------------------------------ Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease. Policy Limit $ 500.000.00 ------------------------------------- Disease Each Employee $ 100.000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk ____----------------------------------------------------------------------------------____-------------------------------- Limits based on Project Cost Other- As Risk Identified ----------------------------------------------------------------------------------------------------------------------------- to be determined Boynton Beach Utilities - General Consulting Services V V.5 CLEAN FINAL C-27 Page 264 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: I I Name of Firm: Office Location: I. 1 Service: I (Check One) Planning/Study Activity, Report, Other Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award - Construction PhaseJCompletion 2. Name of Pro ect: 3. Pro ect Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating I (Check One) Unsatisfactory Poor Fair Good Excellent 7. Recommended for Future Contracts? Yes No Conditional If other than ves. provide detailed explanation on a separate sheet of paper. 8. Name, title, and office ofrating officer e.. utilities Director): 9. Si nature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-28 Page 265 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 beina the hiahest score N/A 1. Thorough site investigation 1 2 3 1 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. 1 *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. S ecs afford competition 1 2 3 1 4 1 5 2. Specs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to inquiries 1 1 2 3]4E5 9. Bid evaluation quality/timeliness 1 2 310. Res onse to buildin & ermittin a encies 1 2 311. Addendum re aration & ermit a lications 1 2 3 Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-29 Page 266 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 Page 267 of 574 Rate numerically 1 to 5 with 5 bein the highest score I N/A 1. Drawin s Reflect True Conditions 1 2 1 3 1 4 15-7- 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 87 Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validityof Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all Permitting Agencies? 1 2 3 4 5 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc. 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associates work and paperwork? 1 2 3 4 5 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-30 Page 267 of 574 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 heinn the hinhect cenro MIA 1. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach utilities - General Consulting Services V.5 CLEAN FINAL C-31 Page 268 of 574 Thorough investigation of situation or activity 1 2 4 5 2. Cooperative attitude 1 4 5 3. Timeliness of submissions 1 E2X3 4 5 4. Accuracyof documents 1 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem solvin ? 1 2 3 4 5 7. 1 Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach utilities - General Consulting Services V.5 CLEAN FINAL C-31 Page 268 of 574 A 4C)R e CERTIFICATE OF LIABILITY INSURANCE 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 pol)cy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERPhyllis NAME: Constantino MEDALLION INSURANCE SERVICES 8'45 Ardrey Kell Rd _ ''. PHONE (704) 256-6000 AX (704) 2566001 AAfC`No. Exit__- tAIC, Noj. Ao aEss phyllis@medallwnmsurance Com Suite 203 Chanotte NO 282?7 INSURER(SI AFFORDING COVERAGE I NAIL N INSURER A. Libertylnswance Unden.Yriters I 19917 INSURED INSURER B Alexis Knight Architects. Inc INSURER C 100 NE 6th St INSURER D Ste 10 INSURER E Boynton Beach FL 33435 INSURER F VVVCRAVCJ UkKIIFICAIE NUMBER' l.LI—U94OU D F.ICInY YIIMDCD• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED NOTWITHSTANDING ANY REOUIREMEN`, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO VUTi1CH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TC ALL THE TERMS, EXCLUS': ONSAND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS N LTR TYPEOF INSURANCE INSO NND POLICYNUMBER POLICY EFF MMIDDNYYY) LI E P MM DNYYYI 1 LIMITS COMMERCIAL GENERAL LIABILITY ( EACH OCCURRENCE 5 _ _ ce+. s .-LAIMS.MAuP ❑ CC.'-'- I�REM,c. I _.. MEO cXP nnnv cne tiers Pm S __ :�=kSONALd ADV INJURY 5 3ENLAGCPEGA7F LIMA-A%PI E SFR ❑ PRO POLICv JEC- fIC GENEPALAGGRECATE 5 PRC;CU T_ W%—CPACG S r 5 OTHER AUTOMOBILE LIABILITY I•IMB:NE QNGCE ,IM+' OWNED E tnC AU OS CNLv S 60CL N YIP dI) 5 h PED .CM1 NE AL'(35:7NLV .. . JN..J PR ERTV DAMAGE - :P :denll '.' UMBRELLA LIAR EACH OCCLRRENCE S EXCESS LIAR CwAIW MADE 1CCHECP.TE 5 ---- GEC RE iENT.Cr: 5 WORKERS COMPENSATION PER OTn. R AND EMPLOYERS' LIABILITY YIN E L. FAGH ACCICENT ^7 ANY PROPRIETORIPARTNERIEXECUTNE [-7] OFFICER/MEMBER EXCLUDED'/ NIA ----- DIS-ASE-FAEMPLOYFE S (MandaterylnNHl If, deecnbe under -L DISEASE-POUCY'JMIT S DESCRIPTION OF OPERATIONS We A Professional Liability AEXNYABI6A0001 0912012017 09120/2019 Each Claim $1.000000 Aggregate $1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Renams Schedule, may be mulied if more space is required) CERTIFICATE HOLDER r &i Ir:C1 I ATlnai 911988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 )2015103) The ACORD name and logo are registered marks of ACORD Page 269 of 574 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Boynton Beach Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Tom. ��Gc 911988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 )2015103) The ACORD name and logo are registered marks of ACORD Page 269 of 574 Ac �� CERTIFICATE OF LIABILITY INSURANCE OATE(MN,DO'YYYY) IIIRnt nn1 R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Keyes Coverage Insurance CONTACT PHONE Natalia M. Fraser FAX 5900 Hiatus Road tac, No. Ext): 954-724-7000 -_. _ _ Arc Np): 954-724-7024 ---- Tamarac FL 33321 E-MAIL ADDRESS. nfraser{�keyesccveraac e com MM'DOlYYYY MMA)D/VYVY LIMITS INSURER(S) AFFORDING COVERAGE NAIC a -- - INSURERA: Twin CtyFlre Insurance Co 235 - _ -- INSURED 12C12 Hart INSURER B:: Hanford CBSUaIty InsuranDe CO 29424 Alexis Knight Architects, Inc. & _ - Alexis Knight Architects, LLC INSURER C: 100 N, E, 6th Street INSURER D: Suite 102 INSURER E: Boynton Beach FL 33435 — - --- S INSURER F COVERAGES CERTIFICATE NUMBER: 2135350065 REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IAODL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTR POLICY NUMBER MM'DOlYYYY MMA)D/VYVY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 2'. SBM ZI5734 9/20/2017 920/2018 EACH OCCURRENCE$ 1.000.000 X - _ DAMAGE TO RENTED_ _ CLAIMS -MADE OCCUR PREMISES (Ea occurrence) S 300.000 MED EXP (Any one person) S 10 OCO PERSONAL 8 ADV INJURY S 1.000.000 GEN L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2000000 X POLICY X JERCOT LCC _ PRODUCTS-CCMP'OPAGG $2.000000 - OTHER S B AUTOMOBILE LIABILITY Y 21 SBM ZI5734 912012017 9(20(2018 COMBINED SINGLE LIMIT COMB $1pGo _ ----.. poo ANY AUTO BODILY INJURY (Per person) $ - AOWNED SCHEDULED AUTOS _ AUTOS ----._ BODILY INJURY (Par acatlenry $ X NON -OWNED _ ----. PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acatlenq.... $ B X UMBRELLA LIAB X OCCUR 21 SBM ZI5734 920/2C17 9/20/2018 EACH OCCURRENCE $ 2.000.000 EXCESS LIAB CLAIMS -MACE AGGREGATE 52.000.000 DEO X RETENTIONS $ A WORKERS COMPENSATION 21 VVEC ZT0586 12(312017 12/312018 X PER 0TH - AND EMPLOYERS' LIABILITY Y / N ., -.-. STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E. L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? [NIA --" (Mandatory in NH) E . DISEASE - EA EMPLOYEE $ 1 000,000 If yes, describe under --" ---- -- DESCRIPTION OF OPERATIONS below E DISEASE -POLICY LIMIT 81.000.000 DESCRIPTION OF OPERATIONS / LOCATIONS' VEHICLES (ACORD 101, Additional Remarks Schedule, my be attached if more space is required) RE: For continuing service agreements for unspecified projects. CERTIFICATE HOLDER CANCELLATION *30 Days Notice /10 Days NonPav ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Page 270 of 574 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33435 AUTHORIZED REPRESENTATIVE *� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Page 270 of 574 Sustainable Design + Innovative Solutions April 29, 2021 Mr. Gary Dunmyer, MBA, P.E.G.C. City Engineer Public Works Engineering P.O. Box 310 Boynton Beach, FL 33435 RE: Services for the: West Ocean Avenue Streetscape Boynton Beach, FL 33435 AKA No. 21.0032 Dear Mr. Dunmyer; Alexis Knight Architect, Inc. (AKArchitects) is pleased to provide this proposal for professional services. These services include the tasks defined in this proposal and will result in the preparation of the construction documents for the improvements to West Ocean Boulevard, in Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment A: Scope of Services, Attachment 8: Professional Fees, Attachment C: Standard Hourly Rates and Attachment D: General Conditions, and if acceptable, sign and return this agreement. AKArchitects will begin this project within five (5) business days of receiving written acceptance and execution of this agreement services. This written proposal will be valid for thirty (30) days from the date of this proposed agreement. cc: Project File ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 271 of 574 Architectural Service Agreement April 29, 2021 Services for the: West Ocean Avenue Streetscape Boynton Beach, FL 33435 AKA No. 21.0032 This proposal is hereby issued this 29th day of April, 2021 and shall become the agreement between The City of Boynton Beach, subsequently referred to as the "Client, and Alexis Knight Architect, Inc. (AKArchitects), subsequently referred to as the "Architect." These services are being offered under our current General Consulting Services Agreement dated August 22, 2018. By joining in this Agreement, the Client retains Alexis Knight Architects, Inc. to provide services in connection with the preparation of the construction documents for the extension and improvements to West Ocean Boulevard, in Boynton Beach, Florida., subsequently referred to as "Project." By this Agreement, the scope of Alexis Knight Architect's services for this Project is limited to that described in Attachment A: Scope of Services. Client agrees to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment 8: Professional Fees. Client agrees to compensate Alexis Knight Architects for services in the manner described in Attachment C: Standard Hourly Rates as described in our General Consulting Services Agreement dated August 22, 2018. Client agrees to the contractual conditions as described in our General Consulting Services Agreement dated August 22, 2018. Alexis Knight Architect, Inc, By: Steven W. Kni`gbt Title: President J Date: April 29, 2021 Client: Mr. Gary Dunmyer is Date: ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 272 of 574 Architectural Service Agreement Attachment A: Scope of Services April 29, 2021 Services for the: West Ocean Avenue Streetscape Boynton Beach, FL 33435 AKA No. 21.0032 Project Description: This project includes the beautification and streetscaping for West Ocean Avenue in Boynton Beach, Florida. The City of Boynton Beach would like to modify the existing landscaping, on -street parking, street lighting and selected configurations of the existing avenue. The scope of work includes modifications to West Ocean Avenue, from South Seacrest Boulevard to intersection of West Ocean Boulevard and NW 3rd Street. See the attached aerial image. The project program includes: • Installation of new street lighting along W. Ocean Boulevard. • Modifications to the existing street areas to accommodate new landscaping areas. • Mill and resurface the existing asphaltic concrete surface on W. Ocean Boulevard. • Modifications to the existing street areas to accommodate new "on street" parking. • Modifications to the adjacent swale and grassy areas to accommodate improvements. • Modifications to the existing stormwater structures to accommodate improvements. • Modifications to the intersection of S. Seacrest Boulevard and W. Ocean Boulevard. The scope of work shall be as described in the civil engineering drawings provide by the City of Boynton Beach Engineering Department. Scope of Basic Services: AKArchitects is hereby offering the basic professional services as defined in this proposal. These services shall include architectural, landscape architecture, limited structural engineering design and limited architectural design, cost estimating, general permitting assistance and construction observation services. The following services will be provided by these firms: Alexis Knight Architects, Inc....................................................................................... Architectural Services Dave Bodker Landscape Architecture........................................................Landscape Architectural Services Engenuity Group, Inc................................................................................................Surveying Services Engenuity Group, Inc.......................................................................................Civil Engineering Services Formica Consulting Engineers, Inc..............................................................Electrical Engineering Services ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 3 Page 273 of 574 AKArchitects will hire, hold the contracts for services and oversee these firms as part of their services to be provided by AKArchitects under this agreement. The following basic services will be provided: • Due Diligence and Field Work • Site Surveying Services • Civil Engineering Services • Construction and Permit Documentation Phase Services • Opinion of the Probable Cost for Construction • Bidding Assistance Services • Permitting Assistance Services • Construction Phase Services Upon issuance of an Authorization to Proceed by the Client, AKArchitects shall provide the following services: Due Diligence and Field Work: AKArchitects and their Consultants will provide the field work for this project. The scope of the project field work will include the following: • The Architect and their Consultants will meet with the Boynton Beach Public Works Engineering Department to establish the parameters of the project. • The Architect and their Consultants will visit the property and observe the conditions of the existing project area. The Architect and their Consultants measure, record and photograph the conditions as required to prepare the basis for the project program and establish the final work scope. • The Architect and their Consultants will establish and prepare a written schedule for this project. Site Surveying: Services shall include performing a detailed survey of West Ocean Avenue, from South Seacrest Boulevard to intersection of West Ocean Boulevard and NW 3rd Street. See the attached aerial image. • The area of survey shall extend from the avenue centerline, to include the public sidewalk on the north and south sides of West Ocean Avenue. • The survey shall include the intersection of South Seacrest Boulevard and West Ocean Avenue. • Provide elevations at the street centerline and along street edge, sidewalks and swales. • Identify all existing stormwater structures, utilities, street -lighting, fire hydrants and other appurtenances. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 4 Page 274 of 574 • The topographic survey shall be adequate to support the efforts of the civil engineering and to establish street geometrics, the location of the hard surfaces such as, curbs, pavement, walks, and other fixed permanent improvements. Construction and Permit Documentation Phase Services: Once the due diligence and the field and the surveying services have been completed, the design team will provide the services as required to complete the Construction and Permitting Documents. AKArchitects will prepare a conceptual design and review with the Client to establish the workability of the design and determine whether or not, any modifications are necessary. These documents will be used to solicit competitive bids, issue the required permit application package and construct the new streetscaping project. Construction Documents: AKArchitects will prepare the construction documents for this project. These documents will include drawings and specification annotations. The scope of the drawing preparation work will be based on the design development drawings and will include the following: The project deliverables shall include the following: • Architectural drawings including site plan and miscellaneous site improvements annotations. • Civil engineering drawings and annotations • Landscaping drawings and annotations • Electrical drawings including lighting, power and security systems and annotations. Preparation of an Opinion of the Probable Cost for Construction AKArchitects will prepare an Opinion of the Probable Cost for Construction. • The Cost Estimating Consultant will prepare a cost estimated, based on the completed construction drawings. • This deliverable will include a line -item cost presentation and a lump sum value. Permitting Assistance: AKArchitects will provide assistance in obtaining local building permits. The General Contractor or the Client will prepare the permit application and issue the required information to the local permitting department. AKArchitects will issue necessary interpretations, revisions and clarifications and prepare drawing revisions required by the building permit agency during the permitting process. These services do not include obtaining site plan approval and fulfilling the requirements of the county and local engineering departments. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 5 Page 275 of 574 Any additional permitting submittals associated with Client's design or plan revisions, or changes in project scope, will be provided for an additional fee. Bidding Assistance: AKArchitects will provide limited bidding assistance services for this project. The Architect will work in tandem with the Client's General Contractor/Construction Manager during the bidding phase of the project. • The Architect will provide written responses to Requests for Additional Information (RFI) that are presented by the Contractor/Construction Manager. • The Architect will modify the documents to include additional information related to requests for information (RFI's) issued by the Contractor/Construction Manager during the bidding phase of the project. The Client's General Contractor/Construction Manager will administer the formal bidding process and provide all other assistance during this phase of the project. Construction Administration: AKArchitects will provide construction phase administration services for this project. Once the permits for the new work have been issued by the local authority having jurisdiction and the construction phase of the project begins, the Architect will provide the construction phase administration services, defined herein. These services do not include construction phase surveying services required to provide layout work, setting elevation taps or preparing as built site drawings. The Architect and Engineers will provide the following services: Observation Services: • The Architect and Engineers will observe the project during the construction phase, to ensure that the materials, assemblies and finish product is consistent with the work included and defined in the construction documents. • The Architect and Engineers will provide site visits and progress reporting on an as needed basis. A site visit report will be prepared, defining the work observed and in progress Administration Services: • The Architect and Engineer will review shop drawing submittals issued by the General Contractor. • The Architect and Engineers will review monthly applications for payment as submitted by the general contractor. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com C Page 276 of 574 • The Architect and Engineer will answer RFI's and questions from the field and provide written clarification to the Client and contractor. • The Architect and Engineer will provide written clarification and drawing revisions as required by the local permitting authority. • The Architect will provide a final "punchlist" walk-through to ensure that the project has been completed in accordance with the contract drawings. Qualifications and Exclusions: Please note that this fee proposal is based on our understanding of the project scope and the information that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions: Qualifications: • The Architect and Engineer will not provide Value Engineering Services for this project. These services would include those required to redesign and change the design and drawings as required to conform to the Client's budget as referenced in this proposal. The Client shall provide the following: • Civil engineering drawings have been prepared and issued to AK Architects for review. Exclusions: AKArchitects will not provide the following services: • Value engineering — Making design and plan changes to reduce cost • Construction and material testing • Construction phase surveying • Services for obtaining any variances, change in use permits or special approvals required by the building department for the physical installation of any portion of this project • Services for making client or contractors requested plan and design revisions which occur after final acceptance of the documents (100% completion levels) and during construction. • Services for additional building or site design beyond those necessary to support the scope of work defined in this proposal Project Schedule: Please note that this schedule is based on our understanding of the project scope and the information that is presently available. The schedule and the time required to complete each task will be a direct function of AKArchitects ability to receive information required to complete the project. The Architect and the Client will meet to establish the final building schedule. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 277 of 574 Architectural Service Agreement Attachment B: Professional Fees April 21, 2021 Services for the: West Ocean Avenue Streetscape Boynton Beach, FL 33435 AKA No. 21.0032 Basis of Charges: Charges for basic professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of $58,423.00, excluding expenses for printing costs, permit and application fees. Due Diligence and Field Work ................................................. Site Surveying Services.......................................................... Construction and Permit Documentation Phase Services ............... Opinion of the Probable Cost for Construction ............................. Bidding Assistance Services .................................................... Permitting Assistance Services ................................................ Construction Phase Services ................................................... Total ............................. $ 1,240.00 ............................. $ 9,822.00 ............................. $33,914.00 .............................. $ 2,510.00 .............................. $ 1,671.00 .............................. $ 4,052.00 ............................... $ 5.244.00 $ 58,423.00 The additional services defined in this proposal will be provided on an hourly basis. A Not To Exceed fee, excluding expenses, will be negotiated for each additional task. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 8 Page 278 of 574 Architectural Service Agreement Attachment C: Standard Hourly Rates April 28, 2021 Services for the: West Ocean Avenue Streetscape Boynton Beach, FL 33435 AKA No. 21.0032 \LEXIS K N I G H T AiRc H ITI T , II IN C Standard Hourly Rates Hourly Rates are as included in our general agreement Charges for additional professional services performed by our firm for all services listed in the Scope of Additional Services or as otherwise requested by the Client will be performed on the basis of an Hourly Fee excluding expenses. Billings will be issued at least monthly and will be based on the estimated percentage of the total scope of services that has been completed. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 279 of 574 6.L. Consent Agenda 8/17/2021 Requested Action by Commission: Approve minutes from the City Commission Budget Workshop on July 13, 2021 and the City Commission meeting on August 3, 2021. Explanation of Request: The City Commission met on July 13, 2021 and August 3, 2021 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or 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: Page 281 of 574 Type Mill'ILAtE)S Mill'ILAtE)S Description 07 13 2021BL.AgEA Workshop IMill'KAE)S 08 03 2021 City Coirnirnissi011'I IME)E)hl['lg IMill'KAE)S Page 282 of 574 Minutes of the City Commission Budget Workshop Meeting Held on Online Via the GoToWebinar Platform and In -Person at the Police Community Room 2100 High Ridge Road, Boynton Beach, Florida On Tuesday, July 13, 2021 at 10:00 a.m. PRESENT: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga A. Welcome and Call to Order Mayor Grant called the workshop to order at 10:04 a.m. Mayor Grant led the Pledge of Allegiance to the Flag. City Clerk Gibson called the roll. A quorum was present. Mayor Grant welcomed all to the Budget Workshop. Public Works Lori LaVerriere, City Manager Jim Cherof, City Attorney Crystal Gibson, City Clerk Gary Dunmyer, Interim Director of Public Works & Engineering, gave a presentation on General Capital and Government Surtax Capital proposed Fiscal Year 2022 budget. Commissioner Penserga inquired about funding for the street lights on Miner Road. Mr. Dunmyer responded stated that FPL will be paying for the poles and materials needed. City Manager LaVerriere remarked the City is paying $18,000 a yearfor the street lighting. Mayor Grant inquired if Miner Road is a County road or a City road. Mr. Dunmyer replied that it is a County road, but the City wanted lighting on that road so Palm Beach County made the City take care of the power bill. Commissioner Romelus inquired if ROCKS is an internal program or external. Mr. Dunmyer stated it has an external face to it. He has not made it available, but he certainly can. Commissioner Romelus inquired when. Mr. Dunmyer responded he could probably have it implemented in the next 30 days. Page 283 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Commissioner Romelus suggested partnering with Marketing to do a roll out on the program. Mayor Grant inquired about the Rolling Green site and what is the future of the current Public Works site. Mr. Dunmyer responded there will be a new site developed at Rolling Green and eventually will turn it into the new Public Works site. The plan will be 30% completed this year. Assistant City Manager Mack stated the City is currently in the design phase of the New Public Works facility at the Rolling Green site. There should be drawings available to view within the next 30 to 60 days. Mayor Grant inquired if the City is working with the South Florida Water Management District to get a paved road along the canal. Assistant City Manger Mack responded that the City met with the South Florida Water Management District earlier in the project. South Florida Water Management gave approval to use the location. It will take permitting and more approvals and in theory the road is approved. The City is also working with the Bible Church of God for use of a small section of their property or potentially the whole lot. Mayor Grant inquired if the City had it in writing. Assistant City Manager Mack replied that it is not in writing right now because the City did not have anything to submit. But there are plans that Bible Church of God gave back to the City plus documentation from the meetings and email exchanges. It will have to go to the governing board for approval, but they are confident that it would be supported and be approved. Mayor Grant inquired how long this would take. Assistant City Manager Mack responded that submittals for the offsite improvements will be ready in the next year. Mayor Grant inquired about the Lutheran Services Head Start location. Assistant City Manager Mack responded after Lutheran Services moves out of the current facility, Public Works will temporally relocate into that location. The Head Start building will stay until there is a redevelopment plan for the site. Mayor Grant inquired once Lutheran Services leaves of the building or the parking lot. z Page 284 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Assistant City Manager Mack responded the building. He said he has spoken to Mike Simon regarding the transfer of the old Community Caring location to the City. Then the City will look at negotiating with Lutheran Services for purchase and sale and a potential month-to-month lease that would give Lutheran Services enough time to facilitate their building. Mayor Grant asked if there was City property located on Seacrest for Lutheran Services. Assistant City Manager Mack replied that Lutheran Services looked at that site. It may work, but it is not their preference. They prefer the Community Caring location. The City would like to use the Community Caring location as a resource center since it is located on Seacrest; that is why the location was not offered as an option. Commissioner Romelus inquired about the resource center. Is it reflected in this year's budget? Assistant City Manager Mack responded that it is not allocated in this year's budget. It will be part of the master spending plan with the American Rescue Plan Act (ARPA). Staff will start the planning phase of the project in the next fiscal year and provide concept drawings to bring to the Commission to show what can be built there. Commissioner Romelus inquired when will the ARPA plan be brought back to the Commission. City Manager LaVerriere responded that it will be several months. The project will be brought back in pieces and there will be several discussions. The Commission will let staff know which project they want to start with. Commissioner Katz inquired about the increase in the cemetery fund. Mr. Dunmyer responded that the increase is for maintenance that will be outsourced. Assistant City Manager Mack stated in addition to that, the existing fence will be replaced and was budgeted for $175,000 out of the Cemetery fund. Commissioner Romelus inquired what other work will be done at the cemetery. Assistant City Manager Mack responded it will just be the fencing for this fiscal year. Commissioner Romelus asked if the only improvement will be to change out the fencing. Assistant City Manager Mack responded that staff is continually doing internal projects that are not on the capital plan. The fencing is the biggest project that is funded through the capital and operating budget at the Cemetery. Page 285 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Mr. Dunmyer stated that irrigation will be worked on as well. There is money in the capital budget for irrigation and that will help improve the grounds. Commissioner Romelus requested that she be kept up-to-date on the improvements at the cemetery. Assistant City Manager Mack responded that staff just recently upgraded the entry of the cemetery with mulching and plantings. These types of projects happen often. The main cause of delay in improvements is there are several burials still being done. Once those burials slow, the irrigation will be updated and long-term maintenance will be done on the grass. Commissioner Romelus inquired if the cemetery will be using the same irrigation that the golf course has. Assistant City Manager Mack responded that staff is looking at renovating the whole irrigation system just like what is being done at the golf course. This will not happen this fiscal year; it will be further out. Commissioner Romelus inquired about at timeframe for the irrigation. Assistant City Manager Mack replied not this fiscal year; the following fiscal year is when the irrigation retrofit will take place. Commissioner Romelus inquired once the City runs out of space at the cemetery, where will the City send the residents. Assistant City Manager Mack responded that there has been a significant increase at Sara Sims. There has been discussion on expanding the Sara Sims cemetery. The plan is to create concept drawings this fiscal year. Commissioner Romelus inquired what happens after the cemetery runs out of space. Will the fund be closed out? Assistant City Manager Mack stated that the cemetery will be maintained forever. Mayor Grant inquired if there was a fund that helps for the long-term maintenance. Assistant City Manager Mack responded, the cemetery fund. Mayor Grant inquired how much money is in the cemetery fund and what kind of investments is the funding in. Assistant City Manager Mack replied staff will get that information for him. 4 Page 286 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Commissioner Romelus inquired about the implementation of bin and dumpster cleaning service for Solid Waste customers. Mr. Dunmyer stated that for $20 a month, the City will steam clean their bins. Commissioner Romelus inquired if the $20 a month is like a subscription. Mr. Dunmyer replied that she was correct. Waters Edge was the test pilot. Staff is waiting on feedback from them to see if they liked the service. Mayor Grant inquired if the City is going to help the residents to start composting. Mr. Dunmyer responded that is interesting concept. Mayor Grant stated that there are bins that the City can buy and provide to the residents for composting. He also inquired about how many more electric vehicles is the City getting. Mr. Dunmyer stated that there are initiatives for next year's fleet to replace some police and fire vehicles with electrical vehicles. Mayor Grant inquired if any of the Community Standards vehicles are electrical. Assistant City Manager Mack responded that the electric vehicle has been transferred to Community Standards based on the usage. The vehicle is being used everyday and two additional electrical vehicles have been purchased for Community Standards. More of the administrative vehicles will be moved to electrical vehicles. The Police Department does have seven hybrid vehicles that were purchased last year. They seem to be working out well. Commissioner Romelus inquired who are the officers that have the hybrid vehicles. She is not looking for individual names, she is looking at rank. Assistant City Manager Mack replied that the vehicles are marked units and are used for road patrol and pursuit. He suggested that staff bring an analysis report to the Commission for their review. Mayor Grant inquired if the surtax dollars can be used to build the resource center as infrastructure. Assistant City Manager Mack responded that the CIP approved project list would have to be amended. Commissioner Romelus inquired who funds the signs for neighborhoods that do not have an HOA. 5 Page 287 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Assistant City Manager Mack stated the signs are typically on private property and are maintained by the residents in that area. The historical marker signs are maintained by the City. Commissioner Romelus inquired if there was someone on staff who can help neighborhoods with signs. Assistant City Manager Mack replied to have the neighborhoods reach out to him and he will coordinate. Mayor Grant stated that the sign on Woolbright coming from Knuth needs repair. Is that in this year's capital improvement plan? The signs coming into the City need attention. Commissioner Penserga agreed with Mayor Grant, yet he feels the signs need to be grander. City Manager LaVerriere stated that staff has been working on designs for all the major entry features for the City. The Department of Transportation will be ripping up Boynton Beach Boulevard in the near future, so there will be delay in putting something there. Vice Mayor Hay inquired, what about the ugliest building in Boynton on the Northwest corner of MILK Boulevard and Federal Highway? City Manager LaVerriere responded that the building is going to be torn down. Vice Mayor Hay inquired about a timeline of when the building will be torn down. Adam Temple, Director of Development, responded that the City has the authorization and the permits to demolish the building. Commissioner Penserga asked what are the plans for Fire Station 3. Mr. Dunmyer responded that the City hired a consultant to help with that. The consultant did a conceptual plan and should be done in the next 30 to 60 days. The consultant also provided the City with a cost estimate for the construction. Staff is in the process of figuring out where that would be in the capital budget. Commissioner Penserga inquired if there was a way to incorporate a community space in the new building. Mayor Grant suggested the Eco Park. Commissioner Penserga disagreed with Mayor Grant and said that placing a building at the Eco Park would mean trees would have be torn down. 11 Page 288 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Assistant City Manager Mack suggested that Chief Stables talk about the plans for Fire Station 3. Chief Stables stated that there is community room included in the design plan. Not a full rec center, but it can be used for multiple things, just like the multi-purpose room at Fire Station 5. Commissioner Penserga inquired about the digital signs he has seen around the City. What is the outlook for a digital sign in District IV? Mr. Dunmyer responded it started as a pilot program with three signs to learn and decide how the signs were going to be used throughout the City. The City is now moving in the direction of adding more signs. It has not made the budget yet. Assistant City Manager Mack stated staff has recognized that the signs are needed on the West side of the City. They are looking at three locations: Barrier Free Park, Meadows Park, and the Fire Station 3 site. Staff is hoping to install one of the signs this year. Commissioner Penserga inquired if surtax dollars could be used to prefund. Assistant City Manager Mack replied the largest issue with the entryway signs is finding locations for them. Surtax can be used to program out the signs in future years. Vice Mayor Hay wanted to confirm that when the poles on Ocean are repainted, they will still be teal. Mr. Dunmyer responded yes, he is working on the project with the CRA and it will be done later this year. Vice Mayor Hay inquired if the fence at Sara Sims Park was going to be repaired. Assistant City Manager Mack responded that there is about $50,000 dollars for fence repairs throughout the year. Commissioner Romelus asked why are cameras needed at the cemetery. Assistant City Manager Mack stated that he believes that there has been instances at the cemetery that the City has been unable to resolve. The cameras at the cemetery are to protect some of the City assets that are there. There has been vandalism there. Mayor Grant inquired if there was irrigation at Wilson Park for the turf field and if the playground equipment is going to updated. Page 289 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Assistant City Manager Mack replied yes, there is existing irrigation system there. The playground is the one playground that the City will be replacing and converting the mulch area to synthetic turf or a poured in place. Assistant City Manager Mack noted that some of the projects are projects that have not been completed this fiscal year and are being rolled over to the next fiscal year. The Wi- Fi project is a continuation into the next fiscal year that will provide access to the residents at the parks in Town Square. Vice Mayor Hay inquired about the $150,000 for sidewalks. Is that just for communities? Mr. Dunmyer replied that it will be public roads. Commissioner Penserga inquired if there was a plan to clean the sidewalks. Mr. Dunmyer replied that the adjacent property owners are supposed to maintain the sidewalks. Assistant City Manager Mack stated that the City has done some maintenance in INCA. D.O.T. typically does not pressure wash their sidewalks. He would like to expand this. It is not budgeted. It happens when there is lull in staff time that things like this can be done. Some of the areas that he has been concentrating on are the bridges and overpasses in the City. The City is also going to start pushing the D.O.T. to do some of the maintenance. City Manager LaVerriere commented that one of the issues is the staff resources and having the time. Commissioner Penserga inquired if it could be contracted out. Assistant City Manager Mack replied that the City does have a contractor; it is not cost effective. There are more than the roads and sidewalks that need to be pressure washed throughout the City. Commissioner Penserga inquired about the timeline on the Eco Park design. Kacy Young, Director of Recreation and Parks, responded that Recreation and Parks is working with a firm to provide estimates. At this time, an exact timeline is not available. Assistant City Manager Mack stated that he is working on getting a proposal and he would like to start the Eco Park project this fiscal year, as far as the design. The latest it will start will be October. The City anticipates that project will move forward in the next fiscal year. E� Page 290 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Mayor Grant stated that Citywide Wi-Fi should be increased over time and focus on adding Wi-Fi to one or two parks in each district every year, unless it would be more cost effective to do it all at once. Mr. Dunmyer responded that it depends on how it is being procured. A lot of the equipment can be piggy -backed through local vendors. Assistant City Manager Mack stated that this a budget estimate. It is a ROM (rough order magnitude). There will be more detailed work done to prioritize each location. Some locations may not need electric, but new poles. Other locations may need new poles and no electric. The City is looking to use ARPA money as well. City Manager LaVerriere stated she has spoken with County Administrator Baker and discussed a regional approach to overall broadband. Mayor Grant inquired if the Commission would like to wait for the County's Wi-Fi mesh to be in place or have the City create their own which is subject to relays. Commissioner Katz commented that he does not know enough about the options to take a position on this. Vice Mayor Hay agreed with Commissioner Katz. The Commission would need input from staff on what would be most cost effective. Commissioner Penserga stated that he would like a citywide fiber optic backbone and welcomes a presentation from staff. City Manager LaVerriere stated the intention is to get access to the internet for everybody. It is not a luxury anymore, it is a necessity. Cities are treating broadband as a utility. Commissioner Penserga inquired if the City can create an internet service with the fiber optic. Mayor Grant stated that it is for the City's facilities. Once the fiber optic backbone is throughout the City, the City can look into partnering with a high-speed broadband provider. Mayor Grant inquired if the City has spoken with St. Marks about removing the aging bridge. Assistant City Manager Mack replied that staff is speaking with the Archdiocese regarding a modification to the lease, allowing the City the time needed to remove the boardwalk. There has been delays in permitting and communication with the diocese. Mayor Grant inquired who is overseeing the City's landscaping. P7 Page 291 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Assistant City Manager Mack responded that Franky Lazo is the parks superintendent. Jose Murray has taken over median maintenances. Mayor Grant inquired are they approving the landscaping designs for the Building Department. Assistant City Manager Mack replied the City has planners that review the landscape design then through the park process. The engineering group reviews the landscaping in the medians and offsite. Utilities Joe Paterniti, Director of Utilities, gave a presentation on The Utilities Department's proposed Fiscal Year 2022 budget. Commissioner Penserga inquired about the variations in usage being so large. What is the reasoning? Mr. Paterniti replied that the City's utilities are better than the other cities. Commissioner Katz inquired about the asterisk signs next to the first two municipalities. Mr. Paterniti responded that Boca Raton has such a low rate that they subsidize their utility with their F1 tax. It costs more to live in Boca Raton, so they receive a break on their water bill. Mayor Grant inquired if the City is expanding service to Manalapan. City Manager LaVerriere stated that the City did acquire Manalapan and Hypoluxo customers. Mayor Grant suggested going out and talking to Nickels Boulevard homeowners, suggesting septic to sewer and annexing into the City so that the City -owned property on Nickels Boulevard will be in the City and the City will be able to preserve it. Commissioner Katz does not agree with, "the City will give you this if you agree to annexing into the City." Mayor Grant believes that it is a win-win by not having septic systems so close to canals that run through the City. The City has the funds now to convert their septic to sewer and it may not be available in the future. Commissioner Katz inquired if there is anything that precludes the City from restricting that park land from development. Zo Page 292 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Mayor Grant stated that the Commission can put a preclusion on the property, yet the next Commission may want to sell it. Commissioner Katz inquired if the Commission can prevent future Commissions from selling the property. Mayor Grant stated that if that is something the Commission would like to do; the City Charter would have to be changed. Mr. Paterniti stated that the residents on Nickels Boulevard were in favor of the transition to City utilities, but the cost was prohibited for them. City Manager LaVerriere stated that the City can identify it as an annexation area and would be able to use grant funding to help make the transition. Commissioner Romelus asked how many times over last five years has the utilities rates increased. City Manager LaVerriere responded that the City is using the optimization model that plugs in all the factors and breaks it down by water, sewer, stormwater and reuse. Every line item in the budget is built into the model and projected CPI, labor, what commodity prices will be in 20 years and the model takes all the information and gives the City what the rates need to be to support the existing system. Commissioner Romelus requested a staff report on the utility rates for the last five years. Commissioner Penserga inquired if the model can project what will happen if these changes are not made. Mr. Paterniti replied yes; staff is able to put different scenarios into the model. Commissioner Romelus inquired if different scenarios were tested to make sure that the information is correct. Mr. Paterniti stated that the City has a consultant that helps with that information. Vice Mayor Hay stated that he had requested a presentation from the Utility Department and would like to include Commissioner Romelus' request in that presentation. City Manager LaVerriere commented that his requested presentation will be given at the July 20th Commission meeting and Commissioner Romelus' request will be included as well. Commissioner Penserga inquired about the district energy services. 11 Page 293 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 City Manager LaVerriere stated that the private portion of Town Square needs to be built first; that is why there is no revenue at this time. The City has no customers running on this service yet. Commissioner Penserga inquired if the City is losing money. City Manger LaVerriere stated that the City knew it would be four to five years in the red before the services started. Mayor Grant inquired is it possible to retrofit the Children's Museum. Assistant City Manager Mack replied there is a potential that the Museum can be retrofitted. He does not know if that would be cost effective. The air handler and the condensing unit at the Museum were replaced in the last two to three years. Commissioner Penserga requested financial projections for the district energy services to be presented to the Commission. City Manager LaVerriere stated that staff will bring back an analysis on district energy services and the boundaries. Commissioner Penserga asked if it was possible to extend the services to 500 Ocean. Assistant City Manager Mack stated at the end of the life cycle for the air system at 500 Ocean is the opportune time for a retrofit to be done. That might be 15 to 20 years down the road. Commissioner Romelus inquired about the plan for the water tower to display messages for weddings and engagements. Mr. Paterniti responded the focus right now is keeping the lights on the tower. Public Comments Debbie Lytle, Palm Beach Leisureville, thanked City staff for the amazing budget. She is thankful for the cemetery improvements. She thanked the Commission for their years of service. Jim Czizik, Vice President of Palm Beach Leisureville, thanked the Commission for allowing him to participate. He has a learned a lot about the process. He was impressed by all the presentations. Leisureville has taken the initiative to clean their sidewalks. He suggested offering some form of credit to the communities that do clean their sidewalks. Palm Beach Leisureville is in the process of putting a proposal together for 173 trees to be placed in the swales. He requested extending relief to the private property owners to have trees planted on their property. 12 Page 294 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 Mayor Grant replied that there are no permitting fees for installing the trees. Proposed Resolution No. R21-075 - Adopt Proposed Millage rate of 7.9 mills. City Attorney Cherof read proposed Resolution No. R21-075 into the record, by title only. Motion Commissioner Romelus moved to amend the millage rate to 7.89. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus moved to adopt Resolution No. R21-075 as amended. Commissioner Penserga seconded the motion. The motion passed unanimously. Proposed Resolution No. R21-076- Adopt a preliminary fire assessment rate for FY 2021-22 per budget workshop discussion on July 12-15, 2021. City Attorney Cherof read proposed Resolution No. R21-076 into the record, by title only. Motion Commissioner Romelus moved to approve Resolution No. R21-076. Commissioner Penserga seconded the motion. The motion passed unanimously. Proposed Resolution No. R21-077 - Approve a special assessment roll to begin the process of assessing specific properties to fund the costs of annual aquatic maintenance for the four Lake Eden Canals and the Lake Shore Haven Canal. Commissioner Penserga asked how did these problems arise. Mayor Grant responded that an invasive plant from an aquarium has taken over the canals. There is no natural consumption of the plant. Commissioner Romelus stated that these canals are in her district and this has been an issue for years. The residents are going to be happy that this is finally going to be done. Commissioner Penserga asked if this will be an ongoing program. Commissioner Romelus stated that this program will be ongoing indefinitely. Mr. Paterniti stated that it will be reassessed every year. 13 Page 295 of 574 Budget Workshop City Commission Boynton Beach, Florida July 13, 2021 City Attorney Cherof read proposed Resolution No. R21-077 into the record, by title only. Motion Commissioner Romelus moved to approve Resolution No. R21-077. Vice Mayor Hay seconded the motion. The motion passed unanimously. Adjournment The Mayor adjourned the meeting at 12:56 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione, Deputy City Clerk 14 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner— Christina Romelus Commissioner — Ty Penserga Page 296 of 574 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, August 3, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina L. Romelus (Left at 7:06 p.m.) Absent: Commissioner Ty Penserga 1. Openings A. Call to Order — Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. Roll Call City Clerk Gibson called the roll. A quorum was present. Invocation by Pastor Bob Bender, Christ Fellowship The Invocation was given by Pastor Bender of Christ Fellowship. Pledge of Allegiance to the Flag led by Commissioner Penserga In Commissioner Penserga's absence, the Pledge of Allegiance was led by Mayor Grant. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added Item 12B, the City Attorney's request for a closed -door session and Item 3C, an announcement about the MLK Event. Vice Mayor Hay added Item 13H for the remainder of his Community Support Funds to go to the Boynton Bulldogs at the August 17th Commission meeting. Mayor Grant would like to have a discussion on the tailgate at the FAU home game. Page 297 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 City Manager LaVerriere stated that she is talking with Kacy Young, Director of Recreation and Parks. Recreation and Parks is currently putting together a tailgate for the Miami Dolphins game the next day. She wants to make sure the resources will be available for the FAU game. She will let the Commission know. Mayor Grant commented hopefully there will be answer for the next Commission meeting. 2. Adoption Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz had no disclosures. Commissioner Romelus had no disclosures. Vice Mayor Hay disclosed that he attended the Feeding South Florida event on Saturday. He also attended the Palm Beach County League of Cities. Mayor Grant disclosed that on July 22nd, he met with Luau Corporation to inquire if they could use the amphitheater. He also went to the Palm Tran Service Board and had a meeting with Unified Dreamers. On July 23rd, he met with Representative Frankel's office, later on he met with Mr. Islam, Ambassador of Bangladesh. On July 28th, he was in Boston and met with the Parks and Recreation Director. On July 30th, he visited their Children's Museum. On August 3rd, he met with David Cruise from the Florida League of Cities. Mayor Grant thanked Christ Fellowship for lunch on July 29th for the employees. It was delicious and truly appreciated by all. 3. Announcements, Community and Special Events and Presentations A. Jodie Boisvert with the Palm Beach County Community Services Department, will give a presentation on the County's Economic Mobility Report. James Green, Director for the Palm Beach County Community Services Department, gave a presentation on the County's Economic Mobility Report. Mayor Grant thanked Mr. Green for the presentation. The information provided will be Page 298 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 helpful. He asked if there was a special program for retirees that now need supplemental income and job opportunities for people over 55 and older. Mr. Green responded that this program focuses on kids. Older individuals are able to participate in training offered by Community Action. There is an orientation coming up on August 10th. The schools that they work with along with CareerSource help to place them in employment opportunities. Mayor Grant stated that he looks forward to partnering with Palm Beach County Community Services. City Manager LaVerriere, asked for Mr. Green's contact information. She would like to set up a meeting and discuss this service in detail. Mayor Grant commented that he has spoken with Mr. Green regarding a Creole language recourse center. Commissioner Romelus thanked Mr. Green and stated that she looks forward to working with him. B. Announce the receipt of the Budget Award from the Government Finance Officers Association. Mara Frederiksen, Director of Financial Services, announced the receipt of the Budget Award from the Government Finance Officers Association. Ms. Frederiksen thanked Tony Davidson, Budget Manager and Fabio Baca, Accountant. City Manager LaVerriere stated that Mr. Davidson an Mr. Baca work on the budget year- round and do a great job. C. Announced a call for Volunteers for the MLK event on August 28th City Manager LaVerriere commented that the announcement of the event was going to be at the August 17th Commission meeting. Eleanor Krusell, Public Communications and Marketing Director, noted that there will be an announcement about the event by the MLK Committee on August 17th. The Committee is more than happy to accept any volunteers that they can. The Committee met last week and went over the site. They need volunteers for the children's area, the entertainment, and the food vendors. There will be announcements in the newsletter and social media. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of Page 299 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 the Chair,this 3 minute allowance may need to be adjusted depending on the level of business comingbefore the City Commission) Commander Larry Blocher, PFC Michael J. Metcalf Post 5335 of the Veterans of Foreign Wars, stated that NE 21St Avenue is in bad disrepair and has become an alley. Parking on the street needs to be addressed, people park in areas that block the street. Large trucks are causing congestion on the street day and night. There is pedestrian traffic as well. They have picked up needles and other items off the street. Businesses have dumpsters that are too small. They overflow and there is trash on the ground and it doesn't get picked up. The street has become a dumping area for mattresses. The street needs to be properly maintained. There seems to be a lot of drug traffic going on. He offered the parking lot to the Police officers to use and the facility is also there for them to use. Mayor Grant stated that this is also in the CRA District. He would like for the neighborhood officer program to go there as well. Mayor Grant inquired about the dumpsters along NE 21St, as they are not enclosed. Are they grandfathered in to not have enclosures at that location? Does this apply to new businesses? Gary Dunmyer, Interim Public Works Director, replied that those businesses have been there a while and staff needs to talk with them to upsize their dumpsters. The hard part is convincing them they need the service. Mayor Grant inquired if the dumpster overflows can be informed of the fine. Mr. Dunmyer stated that he will work with Community Standards to get something done. City Manager LaVerriere commented that this a reoccurring problem in the area. The City will put some extra attention there and see what they can come up with. Alan Roth, Director of Sponsorship with Roots and Wings, stated that Roots and Wings would like to have an event at the Arts and Culture Center. He has been in contact with City Manager LaVerriere, trying to solidify a date in the month of August. Ted Hoskinson, Founder of Roots and Wings, stated that they cannot spend $2,000 to $3,000 on the event to honor teachers. They are trying to get a free facility or have the City help with funding. Commissioner Katz suggested that Roots and Wings submit documentation to indicate total cost. He does not want to set a precedent where people ask to use the facility for free, which the City is setting rates for. If there was a dollar figure associated with the request itemized by what you are not able to pay or what you are requesting the City to pay, that would paint a clear picture of what is possible. Page 300 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 Ms. Hoskinson stated that Delray Beach donated $1,800, which was used for the facility and food. Roots and Wings also paid $1800 for the event. Commissioner Katz stated another recommendation would be to send him an email and in his compacity as President of the Teachers Union, they may be able to work with Roots and Wings to assist with the cost as well. Mayor Grant stated he wants to match what Delray has given to Roots and Wings. City Manager LaVerriere stated that staff had encouraged Mr. Hoskinson to come to the meeting to talk with the Commission about possible use of Community Support funds. Commissioner Katz inquired if Roots and Wings is willing to make it an annual event in Boynton. Mr. Hoskinson replied absolutely. The most important thing to do is to honor teachers. The Above and Beyond award is teachers nominating other teachers for this award. They are nominated based on ten criteria. The principal and administrative team picks the winner. We honor 14 people every year: 12 teachers and two staff members. Mayor Grant stated that he has used all of his Community Support Funds and suggested the use of the Florida Textile funds. Sarah Parrish, stated that she has collected more signatures for her petition H.O.T.-C (house on the corner). She spoke with Mr. Dunmyer and discussed the options for her neighborhood. She will continue to collect signatures until something is done. Mayor Grant thanked Mrs. Parrish for coming to the meetings and providing more signatures. He stated that it will take time for the City to decide what the right measurements will be to reduce the traffic issue. He inquired if the City is going to have a community reach out regarding the Drive Safe Boynton Program. City Manager LaVerriere replied that she does not believe that is part of the plan. As troubled areas are recognized, Mr. Dunmyer reaches out to the residences in the area for community input and buy -in. The program is specific to each problem area. Mr. Dunmyer stated that the City has a website that provides the different options for traffic calming procedures. On the north half of the Forest Park area, there are temporary traffic calming measures that are being tested in that area. The Drive Safe Boynton program allows for the community to get involved and suggest what they would like to have. Mayor Grant suggested promoting the program to City residents. Mr. Dunmyer stated the Ms. Mendoza will reach out to Mrs. Parrish and provide her with E Page 301 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 the link to the application that can be downloaded and printed. He also stated that the program started two months ago and there are already nine neighborhoods that are actively involved. Commissioner Romelus stated that the program should be to prioritize by the neighborhoods that have been having traffic issues for an extended amount of time and by the location of the issues. She thanked Mrs. Parrish for her dedication on fixing the traffic issue in the Forest Park area and stated that this is something that she has been fighting for since she became a Commissioner. Vice Mayor Hay inquired what is the status of the program. Mr. Dunmyer stated that temporary safety measures are going to be installed in the Forest Park area. After 3 months, the City will look at how the measures are working and what is making them successful or unsuccessful. Vice Mayor Hay thanked Mrs. Parrish for being persistent to make sure the traffic issues are resolved. 5. Administrative A. Proposed Resolution No. R21-089 - Authorizing the reinstatement of the Affordable Housing Advisory Committee (AHAC). Motion Vice Mayor Hay moved to approve Resolution R21-089. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-090 - Pursuant to State Housing Initiatives Partnership (SHIP) Program - Appoint a City of Boynton Beach Elected Official to local Affordable Housing Advisory Committee (AHAC). Commissioner Romelus stated she would like to be appointed to the AHAC. Vice Mayor inquired how many members will be on the Committee. Mayor Grant replied there are 11 spots available and read the list of the available spots on the Committee. Vice Mayor Hay stated that he worked on the original AHAC and he would like to be an alternate if Commissioner Romelus is unable to attend the Committee meeting. Mayor Grant inquired if there could be an alternate or does the state prohibit that. Page 302 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 City Attorney Cherof replied there is no language that authorizes an alternate. He stated to go ahead with the alternate and he will confirm that it does not conflict with legal requirements. Mayor Grant stated if there is a conflict, the alternate will be removed from the Committee. Motion Commissioner Katz moved to approve the appointment of Commissioner Romelus as a member and Vice Mayor as an alternate member to the AHAC. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant commented that Clerk will announce the positions that are available for the AHAC and based upon the discussion of an alternate to have the 22 positions available, 1 regular and 1 alternate for each requirement. C. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Motion Commissioner Katz nominated Ronald DuBree as an alternate member to the Art Advisory Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Mayor Grant asked for clarification on the applicants that "only qualifies for an alternate member" on the Education and Youth Advisory Board. City Clerk Gibson replied that the applicants do not qualify for the student member positions that are vacant. If Mr. Patterson is moved from an alternate to a regular member, that would create a second alternate vacancy. She explained that all the applicants qualify to be a regular member. Normally, if an existing alternate member requests to be moved up to a regular member, they are appointed; however, it is up to the Commission. Motion Commissioner Romelus nominated Frando Patterson to move up to a regular member on the Education and Youth Advisory Board. Commissioner Katz seconded the motion. The motion passed unanimously. Mayor Grant asked if there are now two alternate positions available and if the two applicants can be appointed to those two positions. F Page 303 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 City Clerk Gibson replied yes. Motion Commissioner Katz nominated James Hubbard and Tayrnnicolle Rhodes to the two alternate vacancies. Commissioner Romelus seconded the motion. The motion passed unanimously. 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 one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 3, 2021 - "Request for Extensions and/or Piggybacks." Mayor Grant pulled item. Mayor Grant inquired why the Florida Textile agreement is not the original agreement that was signed. City Manager LaVerriere replied that this is a five-year renewal of the original agreement with the vendor. Mara Frederiksen, Director of Financial Services, stated that the original agreement was for $100,000. The agreement was amended last year in June and agreed to pay $31,000 in the amended agreement and paid an additional $20,000. They are paying $166 per bin for 10 bins. They have the option of 15 bins. Mayor Grant inquired what was the original price per bin and does this need to be approved before the next meeting. Ms. Frederiksen replied no. Mayor Grant requested that the item be tabled. The last time this went out to RFP, there was multiple bidders and he wants to be sure the City is getting the best deal. Commissioner Katz stated he does not support going back out to RFP because a relationship has been established and needs to be built on. He does request that the City goes back to the pre Covid rates of the original agreement. He does not support the lower fee beyond six months to a year. Page 304 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 Mayor Grant inquired what would happen to the original agreement. Ms. Frederiksen replied that the agreement would have to go back to the vendor and see if they agree and then bring it back to Commission. Motion Commissioner Katz moved to table the Florida Textile Agreement. Commissioner Romelus seconded the motion. The motion passed unanimously. Mayor Grant stated that the City does have $20,000 from the Textile agreement that can be used to match Delray's donation of $1,800 to Roots to Wings. Motion Vice Mayor Hay moved to approve the donation of $1,800 to Roots to Wings. Commissioner Katz seconded the motion. The motion passed unanimously. Commissioner Katz stated he would like to request that the Boynton Beach Rugby Club give a brief presentation on recruitment events that they are willing to hold in Boynton Beach at the Hester Center to recruit youth in the City. He has $2,000 of his Support funds that he intends to provide to them by the end of the fiscal year. He also requests $2,000 from the Textile fund. Mayor Grant suggested that at the next meeting, there is a discussion on how to spend the Textile funds. He asked City Manager LaVerriere if the funding has already been allocated for the next fiscal year. City Manager LaVerriere responded that the funding goes into a miscellaneous revenue, it is not a dedicated or restricted revenue. Mayor Grant requested an amount for October 1 st so that the Commission is able to allocate those funds, rather than just accumulating the funds for the next fiscal year. City Manager LaVerriere responded that the funds are not accumulated, they go into the regular revenues. Mayor Grant stated that he thinks the funds were restricted to go to nonprofits and not to be spent on general funding. City Manager LaVerriere commented that a policy would need to be created on how to spend those funds. Ms. Frederiksen stated that originally the Commission did not decide on how to E Page 305 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 disburse the funds. The original agreement was $2,000 per bin or a $100,000 per year, whichever was greater. Commissioner Katz commented that they are currently paying $166 per bin. Ms. Frederiksen remarked that they are currently paying $20,000 per year for the 10 bins. City Manager LaVerriere stated that staff will prepare an agenda item to have a discussion on managing the revenue from Florida Textile. Commissioner Katz commented he will contact the Rugby Club to have them attend the September 8t" Commission meeting. Motion Commissioner Romelus moved to approve the remainder of the one-year extensions for bids under $100,000. Commissioner Katz seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-091 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year (FY) 2021, authorizingthe City Manager's execution of the CDBG One Year Action Plan FY 2021. C. Proposed Resolution No. R21-092 - Rescind resolution R20-059 and approve First Amendment to the CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 1 and 3. D. Proposed Resolution No. R21-093 -Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign a Professional Services Agreement with Metropolitan Center, Florida International University, of Miramar, FL as a result of RFP No. 021- 2419-21 in the amount of $75,000.00 for Economic Development Plan services. E. Proposed Resolution No. R21-094 - Rescind Resolution R07-150 referring to the City's travel policy and rates. F. Proposed Resolution No. R21-095 -Authorize the City Manager to sign a security agreement and Addendum concerning Student Information between The School Board of Palm Beach County and the City of Boynton Beach to provide police officers at designated schools within Boynton Beach while the School District works to hire additional full-time school police officers. 10 Page 306 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 G. Proposed Resolution No. R21-096 - Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Isaias between the City of Boynton Beach and State of Florida, Division of Emergency Management. H. Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2021, unaudited. Proposed Resolution No. R21-097 - Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501) forapproved FY 2020- 2021 Fleet purchases. Legal Expenses - June 2021 - Information at the request of the City Commission. No action required. K. Approve minutes from the City Commission budget workshop on July 12, 2021 and CityCommission meeting on July 20, 2021. Motion Commissioner Katz moved to approve the remainder of the Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Approve Task Order ASPS -1 01 -072021 with Atlantic Southern Paving and Sealcoating, LLC, inthe amount of $193,794.98 in accordance with RFQ No. 010-2512-18/IT, Asphalt and Sidewalk Restoration awarded by City Commission on August 7, 2018 to mill, resurface and restripe SWCongress Blvd and to rehabilitate the multiuse path. B. Approve utilizing the School Board of Volusia County, FL Bid No. CL- 905KM with Wabash Valley Manufacturing of Silver Lake, IN for site furnishings located at Congress Avenue Barrier Free Park, Intracoastal Park, and Oceanfront Park for a total estimated expenditure of $125,000.00.The School Board of Volusia County's procurement process satisfies the City's competitive bid requirements. C. Approve the purchase of Victor Stanley Products for site furnishings for Betty Thomas Neighborhood Park and Wilson Park in the amount of $105,000. Victory Stanley is a sole source manufacturer with patented product lines. Page 307 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 D. Approve utilizing the City of Miami's Contract IFB No. 130138 with Dana Supply, Inc. of Doral, FL for the purchase and installation of emergency lighting and equipment, on an "As Needed Basis" for an estimated annual expenditure of $450,000 for the period of the contract which expires on July 25, 2024. The City of Miami's bid process satisfies the City's competitive bid requirements. E. Approve the purchase of four (4) replacement vehicles as approved in the FY20-21 Fleet Replacement budget for an estimated amount of $159,906.50 by utilizing the following contract: Florida Sheriffs Association FSA20-VEL28.0 and FSA20-VEH18.0. The Florida Sheriffs contract satisfies the City's procurement requirements. F. Approve piggybacking the Broward Sheriff's Office Contract # 14036AG with Gall's for the purchase of uniforms for Police and Fire with an estimated annual expenditure of $180,000. TheBroward Sheriffs Office procurement process satisfies the City's competitive bid requirements. G. Proposed Resolution No. R21-098 — Approve the award of Bid No. 081- 2821-21/TP for the Sodium Hypochlorite Tank Replacement project at the West Water Treatment Plant to Florida Design Drilling Corporation of West Palm Beach, Florida and authorize the City Manager to signa Construction Contract in the amount of $440,000 plus a 10% contingency of $44,000, for a total amount of $484,000. H. Proposed Resolution No. R21-099 — Approve Award of Bid No. 079-2821- 21 for "Pre- Chlorinated Pipe Bursting of Potable Water Mains", and authorize the City Manager to sign contracts with Murphy Pipeline Contractors, of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as the Secondary Vendor for an initial two (2) year period. Thisbid will be utilized on an as needed basis with an estimated annual expenditure of $600,000. Motion Commissioner Katz moved to approve Consent Bids and Purchases Over $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. 8. Public Hearing - None 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. 12 Page 308 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 9. City Manager's Report A. Development Director Adam Temple will provide the Commission with an update on the countywide building re -certification program that Boynton Beach, as well all PBC municipalities, are workingto develop with Palm Beach County government. Adam Temple, Development Director, provided an update on the countywide building re -certification program that Boynton Beach, as well as all PBC municipalities are working on with Palm Beach County government. Mayor Grant asked what does the City do when an association needs to redo the exterior part of a building. How does the City follow through to make sure the contractors are doing the right thing? Mr. Temple replied it depends. If there are balconies that require repair, a licensed professional would supervise the project and obtain building permits from the City. He wants the public to know that although the City does not currently have a building recertification program, the City does have an unsafe structure policy. Mayor Grant asked if a condo owner can contact the City for inspection to determine if the building is safe or unsafe. Mr. Temple replied yes, they can contact the Building Department at 561-742-6350. Mayor Grant asked if there is a quarterly update available on requested building inspections. Mr. Temple stated that the City gets calls like that all the time. The Building Department responds to those calls as quickly as possible and addresses them accordingly. Commissioner Romelus left the meeting at 7:06 p.m. Commissioner Katz noted there was no physical quorum. City Manager LaVerriere stated that Commissioner Romelus had a personal emergency and had to leave. She suggested a quick Commission meeting before the CRA meeting next week. City Attorney Cherof commented that there are three items left on the agenda, Ordinance No. 21-024, Resolution No. R21-088 and a request for a closed -door session on JKM. If this meeting is recessed and resumed before the CRA meeting next week, these three items can be addressed. 13 Page 309 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 Mayor Grant clarified that the Florida Statute does not allow for a meeting to continue when there is not a physical quorum present. City Attorney Cherof stated that the Commission is permitted to conclude the item that was being discussed. Commissioner Katz inquired if he says "so moved" does that encompasses everything that the City Attorney said. City Attorney Cherof replied, yes it does. Motion Commissioner Katz moved to recess the meeting and resume before the CRA meeting next week. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vice Mayor Hay commented that 40 years is too long to wait on building reinspection. Has there been a consensus on how many years it should be? Mr. Temple stated he does not want to commit himself to a particular number. He expects that 25 years east of 1-95 and 35 years for structures west of 1-95. Then recertifications every 10 years. 10. Unfinished Business — None 11. New Business — None 12. Legal A. Proposed Ordinance No. 21-024 - First Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. (Tabled from the July 20, 2021 City Commission Meeting.) Proposed Resolution No. R21-088 - Designating the PBC Supervisor of Elections as the City's canvassing board for municipal elections. (Tabled from the July 20, 2021 City Commission Meeting.) 13. Future Agenda Items A. Presentation on activation of the Historic Woman's Club of Boynton Beach. - August 17, 2021 B. Discuss draft ordinance establishing monument policy. -August 17, 2021 C. Mayor Grant requested a discussion about the possibility of a Parks & Recreation Bond. - August17, 2021 14 Page 310 of 574 Meeting Minutes City Commission Boynton Beach, FL August 3, 2021 D. Discuss conveyance of property from City of Boynton Beach to Lutheran Services of Florida for future Head Start location. - August 17, 2021 E. Discuss letter of intent from Alan Sperling, LLC to purchase Leisureville parcel and disposition process. -August 17, 2021 F. Select University to conduct Redistricting Study per Charter requirements after each Census -September, 2021. G. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD 14. Adjournment There no longer being a quorum, Mayor Grant adjourned the meeting at 7:10 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 15 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner— Christina L. Romelus Commissioner — Ty Penserga Page 311 of 574 7.A. Requested Action by Commission: Approve award of Annual Supply of Pipe Fittings and Accessories Bid # 084-1412-21 to all three (3) of the following companies; Core and Main, Ferguson Enterprises and Fortiline Inc. with an estimated annual expenditure of $220,000. Explanation of Request: Contract Term: October 5, 2021 thru October 4, 2022 On July 20, 2021, Procurement Services opened and tabulated three (3) proposals for Pipe Fittings and Accessories. All bids were reviewed by the Manager of Materials and Distribution. Due to the wide variety of discounts provided, it was determined to recommend this award to all three (3) vendors in order to exercise discounts provided by all three vendors to obtain the lowest cost possible. The bid will allow for three (3) additional one (1) year renewals at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. How will this affect city programs or services? The purpose of this bid is to secure a source of supply for the purchase of pipe fittings and accessories for the City's waste water systems. All orders are on an "as needed" basis. Fiscal Impact: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $220,000. FY 18/19 expenditures were $197,010.66 FY 19/20 expenditures were $169,853.25 Alternatives: Obtain quotes on an "as needed" basis without implied discounts. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 312 of 574 Attachments: Type AddE)indUlirn Description T,,.-,.ibL.Jlbboin ShE)E)t Page 313 of 574 Attachment B - Item 1 Core and Main Ferguson Fortiline Category Discount Percentage Off Discount Percentage Off Discount Percentage Off Ductile Iron Pipe Ductile Iron Fittings and US Pipe DI Pipe: Cost plus 15% at time of shipment DIP = current cost plus 10% ductile iron spools 50% Accessories US Pipe Field lok gaskets: Cost plus 15% at time of shipment DI Fittings = 19% off with adders (domestic Tyler Union: Fittings and Accessories: 15% DI & PVC Megalugs = 50% the o lets coatings) Tyler Union Restraints: 55% MJ Accy Kits = 50% ductile iron pipe cost plus Tyler Union P401 lined fittings: 54% 12.5% EBAA: 45% Ductile iron fittings25% Saddles and Full Circle Clamps Smith Blair Clamps style 226: 42% Romac Saddles = 60% saddles30% off Smith Blair Saddles: 50% style 317 Ford Clamps = 54% full circle repair Smith Blair Couplings style 421: 36% clamps30% off JCM Style 432: 47.5% Hymax: 38% Ford 202B style: 42.5% All are off most current list price at time of order Hydrants Hydrant Parts and Accessories Clow Hydrant: 53% Hydrants = 40% sigelock hydrants 8% off Clow Repair Parts: 9% Hydrants Parts = List sigelock parts8%off Clow extension kits: 30% sigelock acc 8%off All are off most current list price Gate Valves and Check Valves Clow: R/W 2-12" NRS: 62% Gate Valves = 48% Kennedy check and Clow: R/W OS&Y 2"-12": 22% Check Valves = 63% gvs65% off Clow R/W NRS 14"-24": 62% Clow Valve 4-12" Holiday Free: 62% Kennedy: RW Valves 2-12": 62% Kennedy Ken-Flex 4"-12" Check Valve Only: 13 Clow Check Valves 2-12" Horizontal Only: 64% Pratt BF Plug & Butterfly Valves: Cost plus 15% at time of shipment Kennedy BF Valves: 45% Kennedy Swing Check Valve Only 2-12: 64% C900 Pipe C900 Fittings and Ferncos Harco C 900 Fittings: 74% C900 Pipe = current cost plus C900 pipecost plus 20% Multi Fittings C900 Pressure Rated: 62.5% 10% C900 fittings 70% off Non Pressure rated: 70% C900 fittings = 69% c900 ferncos75% off cat 1 Fernco Cat 1 & 2: 76% Fernco = 68% and 2 and 3L Fernco Cat 3L: 72.5% 32% off Cat 3 and 4e Fernco Cat 3 & 4E: 31% ADS JM NAPCO Endot all are cost plus 15% at time of shipment All are off most current list price at time of order Page 314 of 574 Attachment B - Item 2 Core and Main Item Description Part Number Current Price Discount % from Item 1 Final Item Price 1 6" DIP x 4" DIP Fernco 1055-64 $ 51.0500 76% $ 12.2500 2 4" Kennedy Check Valve with Lever 16104001106 LW $ 2,590.0000 64% $ 932.4000 3 6" MJ Ductile Iron Elbow / Epoxy Lined and Epoxy Coated 395331 $ 211.0000 15% $ 179.3500 4 4" x 15" Full Circle Clamp/ Range 4.95 - 5.35 226-00050015 000 $ 279.2300 42% $ 161.9500 5 54" Bury Hydrant / Red / 5 1/4" MAIN SEAT VALVE / (2) 2 1/2" PORTS (1) 4 1/2" PORT/ MECHANICALJOINT MEDN MJ SS stems EPDM $ 4,493.0000 53% $ 2,111.7100 Ferguson Line Description Part Number Current Price Discount % from Item 1 Final Item Price 1 6" DIP x 4" DIP Fernco F105564 $ 51.0500 68% $ 16.3360 2 4" Kennedy Check Valve with Lever K106LWP $ 2,590.0000 63% $ 958.3000 3 6" MJ Ductile Iron Elbow / Epoxy Lined and Epoxy Coated DMJEL9LAU $ 236.0000 19% $ 191.1600 4 4" x 15" Full Circle Clamp/ Range 4.95 - 5.35 FF153515 $ 220.0800 54% $ 101.2370 5 54" Bury Hydrant / Red / 5 1/4" MAIN SEAT VALVE / (2) 2 1/2" PORTS (1) 4 1/2" PORT/ MECHANICALJOINT AFCB84BLAOL R $ 3,371.0000 40% $ 2,022.6000 Fortiline Line Description Part Number Current Price Discount % from Item 1 Final Item Price 1 6" DIP x 4" DIP Fernco 1055-64 $ 51.0500 75% $ 12.7600 2 4" Kennedy Check Valve with Lever 1106LW $ 2,590.0000 65% $ 906.5000 3 6" MJ Ductile Iron Elbow / Epoxy Lined and Epoxy Coated 395331 $ 211.0000 25% $ 158.2500 4 4" x 15" Full Circle Clamp/ Range 4.95 - 5.35 ss1-535-15 $ 269.9800 30% $ 188.9800 5 54" Bury Hydrant / Red / 5 1/4" MAIN SEAT VALVE / (2) 2 1/2" PORTS (1) 4 1/2" PORT/ MECHANICALJOINT Bas45L11Re0 1mj6lpb $ 3,000.0000 8% $ 2,760.0000 Core and Main Ferguson Fortiline Line 1 $ 12.2500 3 $ 16.3360 1 $ 12.7600 2 2 $ 932.4000 2 $ 958.3000 1 $ 906.5000 3 3 $ 179.3500 2 $ 191.1600 1 $ 158.2500 3 4 $ 161.9500 2 $ 101.2370 3 $ 188.9800 1 5 $ 2,111.7100 2 $ 2,022.6000 3 $ 2,760.0000 1 Total 11 9 10 Points Lowest 3 Second 2 1 Page 315 of 574 Attachment B - Item 3 Core and Main Ferguson Fortiline Discount Percentage Off Discount Percentage Off Discount Percentage Off Due to the extensive scope of our supply and the varying range of Mueller discounts for our product offerings in lieu of a discount off of list Core & IRON CHECK VALVES35%OFF Main would like to offer a 15% markup off of our replacement cost. This DI TAPPING SLEEVES40% OFF price encompasses any non listed manufacturers offered by our company. FIRE HYDRANTS 55% OFF Please note that all packing handling shipping and delivery charges to the GATE VALVES 2-54" 60% OFF City of Boynton Beach are included. Hydrant Parts 25% off Franklin Electric Pump Model#2366068120: 44% Model#2366188125: 41% Sigelock hydrants 8% off Eclipse #9400WC-A: 6% Kennedy rsgv nrs tappping 2-36"65% off osy 30% off check valves4-30"65% off air or increasing check valves 35% off kenflex25%off Butterfly valves4-24"15% off Plug valves 30% off Harco c900 fittings70% off Fernco cat 1 and 275% off Page 316 of 574 7.B. Requested Action by Commission: Approve utilizing City of Boca Raton, Florida Bid No. 2021-014 with Waterfield Florida Staffing, LLC d/b/a Staffing Connection for School Crossing Guard Service, and issuing a Purchase Order for an estimated annual cost of $368,064. The City of Boca Raton's procurement process satisfied the City's competitive bid requirements. Explanation of Request: Bid Term: August 10, 2021 - May 26, 2022 The City of Boynton Beach Police Department maintains a "School Crossing Guard Program" to provide enhanced safety for school children crossing certain roadways in the City of Boynton Beach. This program provides supervision and increased safety for children crossing City streets during the school year and during summer school. In 2013, as a result of a competitive procurement process, a two-year initial contract was awarded to Action Labor Management, LLC dba Staffing Connection. In accordance with the terms of the Contract, it has been renewed annually and expired on August 1, 2021. Waterfield Florida Staffing, LLC purchased Action Labor Management in 2018. Management and staffing have remained the same since acquisition. The Police Department is seeking consent to piggyback a current City of Boca Raton contract with Waterfield Florida Staffing, LLC. It is in the City's best interest to piggyback this current contract to ensure the continuity of the school crossing guard program. This is the first year of the contract award period. After year one, the City of Boca Raton reserves the option to renew annually subject to appropriation of funds not to exceed a maximum of four (4) one year renewals. How will this affect city programs or services? This action provides for school crossing guard services to be utilized for the regular and summer school sessions at designated public school locations throughout the City where students walk or ride their bicycles. Fiscal Impact: Year 1 funding spans two fiscal years. • I n FY 20/21, $71,568 is funded from account # 001-2110-521-49-17. • I n FY21/22, $296,496 is funded from account # 103-2110-521-49-17. Alternatives: Not provide contracted school crossing guard services to protect the children enroute to and coming from school. Strategic Plan: Transportation and Mobility Page 317 of 574 Strategic Plan Application: This contract facilitates the safe movement of pedestrians across streets in the City of Boynton Beach. Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Waterfield Florida Staffing, LLC Start Date: 8/10/2021 End Date: 5/26/2022 Contract Value: $368,064.00 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The initial contract period is for one (1) year, automatically renewed thereafter for four (4), one-year renewal periods. Attachments: Type Description ddEsir:dUlirn Bid If EsslPc.:ir:SE) Page 318 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 SECTION I: GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Boca Raton Purchasing Division (hereafter referred to as "City"). The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in any document related to the Invitation to Bid (ITB). PART I INSTRUCTIONS TO BIDDERS: 1.01 STATEMENT OF PRECEDENCE OF GENERAL TERMS AND CONDITIONS: Any and all Special Conditions contained in this ITB that may be in conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1.02 GENERAL INFORMATION: These documents constitute the complete set of specification requirements and Bid forms. The Bid submittal, including all Bid sheets and attachments, must be filled in completely, executed and submitted. Bid Tabulations and Award Recommendations will be posted on the Purchasing Division Website at https://www.myboca.us/253/Tabulations-Award-Recommendations. 1.03 BIDDER NOTIFICATION: Notice of the ITB's will be emailed first to Bidders who have fully registered on the City's online registration system. The City maintains automated vendor e-mail lists for each specific Commodity Code for sending the ITB. Unregistered Bidders may request a notice of a particular Bid, which will be faxed or emailed within a reasonable time frame, for that Bid only. Neither the faxing or emailing of one ITB notice to vendor, or a Bid in return, will register a vendor on the City's registration system. Bidders may register on the City's website by visiting https://www.myboca.us/244/Supplier-Registration 1.04 SUBMISSION, RECEIPT, AND OPENING OF BIDS: No Bid shall be considered unless received prior to the Bid opening date and time. No Bidder shall submit more than one Bid response to the ITB. Multiple Bid responses from same Bidder shall be cause for City to reject all Bids from that Bidder. Bidders are encouraged to submit their Bid document via electronic submission when permitted. Bidder's submitting a hard copy Bid in person or by mail should use the proposal forms provided by the City. Failure to use the City ITB forms may cause the Bid to be rejected. No Bid shall be accepted by facsimile, and therefore, any Bid submittals sent via facsimile shall be rejected by the City. For hardcopy Bid submittals, the following applies: (1) Bid shall be submitted directly to the Purchasing Office at 201 W. Palmetto Park Road, Boca Raton, FL, 33432 in a sealed opaque envelope; (2) Any erasures or corrections on the ITB forms must be made in ink and initialed by Bidder; (3) All information submitted by the Bidder in the Bid document shall be printed, typewritten or handwritten in ink; (4) Bids shall be signed in ink; (5) When a particular ITB requires multiple copies of Bids, all must be included in a single envelope or package properly sealed and identified with the Bid number and name of Bidder on outside of the package. Bids will be publicly opened in the Purchasing Office, City Hall, 201 W. Palmetto Park Road, Boca Raton, FL or other designated area. Bids will be opened, tabulated and made available for review by Bidders and the public in accordance with applicable regulations. 1.05 ADDENDUMS: The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information may be provided by the City. It shall be the responsibility of each Bidder, during and prior to Bid submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at https://brpurch.ionwave.net/CurrentSourcingEvents.aspx or contact the Purchasing Division at 561-393-7871 to determine if addendums were issued to any particular ITB and to obtain such addendums from the Purchasing Division Online bidding website. The City will make every effort to notify registered Bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential Bidders who receive a Bid package from other sources. Bidders requesting addendums to be sent via U.S. mail or a mail service will be at Bidders' cost and the risk of misdelivery shall be Bidder's. 1.06 NO BIDS: If you do not intend to Bid, please indicate the reason and return a no -bid response to the City. Failure to Bid or return no Bid comments, prior to the Bid due date, may result in your firm being deleted from the City's Bidder registration system. Page 1 Page 319 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 Part II DEFINITIONS: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its General Terms and Conditions, Special Conditions, technical specifications, instructions to bidders, addenda, and any other document used in the bidding process: AWARD — The written notice from the Purchasing Manager of the acceptance of a Bid or proposal deemed by the proper authority of the City to be in the best interests of the City. BID — a price and terms quote received in response to an ITB. BIDDER/SUPPLIER — Person or firm submitting a Bid. BUSINESS DAYS- Monday through Friday, excluding National Holidays CALENDAR DAYS — Monday through Sunday, including National Holidays CONTRACT — Any agreement, regardless of style or form, for the procurement of commodities, services, or construction. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. DAYS — Calendar Day, Monday through Sunday, including National Holidays INVITATION TO BID (ITB) — All documents, whether attached or incorporated by reference, utilized for soliciting sealed Bids. MAY — Denotes the permissive. RESPONSIBLE BIDDER or Offeror — A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. RESPONSIVE BIDDER — A person who has submitted a Bid that conforms in all material respects to the requirements set for in the ITB, or solicitation. SHALL — Denotes the imperative. SUCCESSFUL BIDDER - The best, qualified, Responsible, and Responsive Bidder to whom the City makes an award. PART III BIDDING AND AWARD PROCEDURES: 3.01 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in the Bid will remain valid for acceptance by the City for a period of ninety (90) days from the date of Bid opening. 3.02 AWARD AND REJECTION OF BIDS: The City will award to the low Responsive Responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB as deemed in the City's best interest. The City reserves the right to: (1) accept or reject any or all Bids, part of Bids, and to waive minor irregularities or variations to specifications contained in Bids, and minor irregularities in the bidding process, and at its discretion, request a re -bid; (2) award the contract in accordance with the Special Conditions. In determining the responsiveness of the offer and the responsibility of the Bidder, the following may be considered when applicable: (1) the ability, capacity and skill of the Bidder to perform as required; (2) whether the Bidder can perform promptly, or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (4) the quality of past performance by the Bidder; (5) the previous and existing compliance by the Bidder with related laws and ordinances; (6) the sufficiency of the Bidder's financial resources; (7) the availability, quality and adaptability of the Bidder's supplies or services to the required use; and (8) the ability of the Bidder to provide future maintenance, service or parts. The City reserves the right to inspect all facilities of Bidders in order to make a determination as to the foregoing. Failure of Bidder to comply with the conditions set forth in the ITB may result in the Bid being considered non- responsive by the City. 3.03 PRICES QUOTED: Bidder shall deduct trade discounts, and quote firm net prices. If required, the Bidder shall give both unit price and extended total. In the case of a discrepancy in computing the amount of the Bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be Bid separately. No attempt shall be made by the Bidder to tie any item or items contained in the ITB with any other business with the City. Page 2 Page 320 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 3.04 MISTAKES: Bidders are cautioned to examine all documents pertaining to the ITB. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. 3.05 TAXES: The City of Boca Raton is exempt from Federal and State taxes on direct purchase of tangible property. The Purchasing Office will supply the successful bidder with an exemption certificate or it may be obtained from the City's website at htti)s://www.myboca.us/239/Supplier-Information-Help. Vendors or Contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 3.06 BUSINESS TAX RECEIPT: Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the Bid. 3.07 CONTRACTOR LICENSE: The Bidder Name identified on the Signature of Bidder form shall be fully licensed, to the extend required by Florida or Federal law, at time of Bid opening for type of work to be performed in order for their Bid to be considered. County or locally licensed contractors must be registered with the State of Florida DBPR Construction Industry Licensing Board at time of Bid opening. Copies of all applicable certificates, registrations and licenses must be submitted with the Bid and must be in the name of the Bidder shown on the Signature of Bidder Form. Should the Bidder not be fully licensed/certified, the Bid shall be rejected. 3.08 WARRANTIES OF USAGE: Any quantities listed in the ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. The City reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 3.09 ALTERNATIVES/APPROVED EQUAL/DEVIATIONS: Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. An alternate will be considered, but shall be equal to or better in quality to what was specified and must include descriptive literature and/or specifications. It is the Bidder's responsibility to provide adequate information regarding an alternate to ensure that the Bid meets the required criteria. If adequate information is not submitted with the Bid, the Bid may be rejected. The determination as to whether any alternate is equal or better or is not equal shall be made solely by the City of Boca Raton and such determination shall be final and binding upon all Bidders. 3.10 MINIMUM AND MANDATORY SPECIFICATIONS: The Bid specifications may include items that are considered minimum or required. If any Bidder is unable to meet, or exceed these items, and is of the opinion that the specifications are overly restrictive, Bidder must notify the Purchasing Division immediately. Such notification must be received in writing by the Purchasing Office prior to the deadline contained in the Special Conditions, for questions of a material nature, or prior to seven (7) business days before Bid due date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all Bidders and all objections are waived by the Bidder. 3.11 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested by the City to determine suitability. Samples shall be requested after the date of Bid opening, and if requested, shall be provided by Bidder to the City within seven (7) business days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, and upon request of the Bidder, will be returned within thirty (30) days of Bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a location selected by the City. Failure to provide samples or demonstrations as specified by the City may result in rejection of the Bid. 3.12 PUBLIC RECORDS: Bidders are advised that the Sunshine Law and Public Records Act (Chapters 286 and 119, Florida Statutes, respectively) are applicable to the City. Information and materials received by the City in connection with an ITB response, as provided by Florida law, are public records. 3.13 DRUG FREE WORKPLACE PROGRAMS: Preference shall be given to business with Drug -Free Work Place programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, the Bidder that provided proof to the City that it has a written Drug Free Work Place program shall be given preference in the award process. Page 3 Page 321 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 3.14 LEGAL REQUIREMENTS: Bidder shall comply with applicable provisions of all federal, state, county laws, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Bidder, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register with Palm Beach County's Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and / or the City Council, or any member thereof. Lobbyist Registration Forms are available at: https://secure.co.paIm-beach.fl.us/irs/Main/Login.aspx?ReturnUrl=%2flrs%2f 3.15 PROCUREMENT CODE: A copy of the Procurement Code is available for your review at https://www.myboca.us/239/Supplier-Information-Help. 3.16 PUBLIC ENTITY CRIMES: In accordance with the provisions of paragraph (2)(a) of Section 287.133, Florida Statues, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.17 CODE OF ETHICS/CONE OF SILENCE: If any Bidder is found to be in violation of the Code of Ethics of the City of Boca Raton and/or the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which the Bid is submitted and may be further disqualified from bidding on any future Bids for work or for goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton, 201 W. Palmetto Park Road, Boca Raton, Florida. Bidder shall comply with all Florida laws relating to conflicts of interest, including Section 112.313, Florida Statutes and shall under appropriate circumstances, submit Form 3A, Interest in Competitive Bid for Public Businesses. This form may be obtained from the City of Boca Raton website at: https://www.mvboca.us/230/Purchasing-Division The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this Bid. You are required to comply with Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance during this procurement process. The complete Palm Beach County Lobbyist Registration Ordinance, including Section 2-355, may be found on the Palm Beach County Ethics website at http://www.Palmbeachcountyethics.com/pdf/Lobbyist Registration Ordinance-2012.pdf. 3.18 NON -COLLUSION: Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any violation thereof may result in contract cancellation, return of materials or discontinuation of services and may be removed from the vendor Bid list(s). 3.19 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any Bids received and utilize other available governmental contracts, as provided by law, if such action is in its best interest. PART IV INSURANCE 4.01 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City. The Contractor shall provide to the Purchasing Division original certificates of current coverage meeting all such requirements and specifications prior to engaging in any activities under this contract. The certificates must list the City as an ADDITIONAL INSURED and shall provide no less than thirty (30) days written notice to the City of cancellation or material change. Further modification of the insurance requirements may be made if circumstances change or adequate protection of the City is not presented. Page 4 Page 322 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 4.02 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall, in addition to any other obligation to defend, indemnify the City of Boca Raton Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Boca Raton, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. This provision shall not be deemed to waive any of the rights or immunities accorded to the City by section 768.28, Florida Statutes, or any other applicable law. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 METHOD OF ORDERING: Items shall be ordered via an individual purchase order. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation, if delivery is not made in accordance with the schedule specified in the ITB or as otherwise accepted by the City. Deliveries shall be made in accordance with City of Boca Raton security procedures. 5.03 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to a Bid award shall remain the property of the Bidder until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the Bid, be of the required quality, new, and the latest model, unless specified in the Special Conditions. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and satisfactory acceptance of materials or services. 5.04 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES: Items offered may be tested for compliance to Bid specifications. Items delivered which do not conform to Bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for delivery of items not conforming to specifications, or late delivery may result in enforcement of all remedies in law or equity or as specified in the City's Procurement Code. 5.05 CHANGES / MODIFICATIONS: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee that changes or modifies the requirements of the ITB and or Contract. Only those communications, which are in writing from an authorized representative of the City and the Contractor, in accordance with the City of Boca Raton Procurement Code and or purchasing operating procedures, may vary the terms of the written Bid or contract. 5.06 PAYMENT TERMS, CASH DISCOUNTS AND INVOICES: Payment terms, unless otherwise stated in this ITB, will be considered to be net 30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery at the place of acceptance, and receipt of a correct invoice at the office specified, whichever occurs last. Partial billing will not be accepted unless authorized specifically in the Special Conditions. Invoices must be submitted against each individual purchase order. Invoices without a correct and valid purchase order number may not be processed for payment. Page 5 Page 323 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 Request for payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this Bid specification shall minimally meet the following conditions to be considered as a valid payment request: (a) Timely submission of a properly certifiable invoice(s), in strict accordance with the price(s) and delivery elements as stipulated in the contract or purchase order document, submitted to: invoices(a-myboca.us or The City of Boca Raton, Financial Services Department City Hall, 201 W. Palmetto Rd, Boca Raton, FL 33432 PH: 561-393-7727 (b) All invoices submitted shall: consist of an original and one (1) copy; clearly reference the subject contract or purchase order number; provide a sufficient salient description to identify goods or service for which payment is requested; contain the date of delivery; contain an original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent who received the goods; and identify invoice as "partial" or "final". (c) The invoice shall contain the Bidder's Federal Employer Identification number and clearly reference the Contractor's Business name and address for payment. 5.07 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. 5.08 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB, Bidder will supply only material or equipment that is 100% asbestos free. 5.09 OTHER GOVERNMENTAL ENTITIES: When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity. 5.10 INDEPENDENT CONTRACTOR: Contractor undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. The Contractor, nor the sub -contractor or their employees or their agents, shall not receive any City benefits, stipend or privileges afforded to City employees. 5.11 ASSIGNMENT: The City and Contractor each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this contract. Any assignment, sale, pledge or conveyance of this contract by Contractor must be previously approved in writing by the City. 5.12 NON EXCLUSIVE CONTRACT: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 5.13 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this ITB/Contract, or if the Contractor shall violate any of the provisions of this contract, the City may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this contract, or with such part or parts of the contract as to which there has been default, and may hold the Contractor liable for all damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff, until such time as the amount of damages due to the City from the Contractor can be determined. Page 6 Page 324 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 5.14 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract in whole or in part by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 5.15 TERMINATION FOR GOVERNMENTAL NON -APPROPRIATIONS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law, and contract, and shall be terminated without penalty to the City and without any default upon the last day in which funds were last appropriated. 5.16 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and supporting records in accordance with generally accepted accounting practices and standards for records directly related to this contract for a minimum of (1) year beyond the last day of the contract term. The form of all records and reports shall be subject to the approval of the City. The Contractor agrees to make available for review and audit to the City and or City Consultant, during normal business hours and in Broward, Miami Dade or Palm Beach Counties, all books of account, reports and supporting records relating to this contract for the duration of the contract and for one year following the last day of the contract. 5.17 POST SALE AUDIT ADJUSTMENT: All items sold to the City of Boca Raton as a result of this Bid are subject to Post Sale Audit Adjustment. In the event that an audit reveals the vendor has not honored quoted pricing, price lists or discount structures, vendor will be liable and will be invoiced and collected with (30) days for any and all overstated charges. Failure to remit may result in termination of the contract. 5.18 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense, obtain all necessary permits, pay all licenses, fees and taxes, which comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on under this contract. City of Boca Raton permit fees will be waived by the City; however, fines and penalties will be assessed based upon standard fee structure. 5.19 CONTRACTOR REGISTRATION: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. Contractors awarded work involving a permit shall register with the City of Boca Raton License Office prior to performing the work. 5.20 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, county, local and municipal laws, ordinances rules and regulations that would apply to this contract. Further, Contractor acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. 5.22 COMPLIANCE WITH CITY OF BOCA RATON ORDINANCE: Awarded vendor shall comply with all applicable Boca Raton City Ordinances, including, but not limited to, 16-57, "Display of Identification on Trucks and Related Commercial Vehicles", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. 5.23 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. By entering into this award, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this award. Page 7 Page 325 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 5.24 NON-DISCRIMINATION: The City of Boca Raton is an equal opportunity employer and prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, disability, and/or political affiliation in all aspects of its personnel policies and procedures, programs, practices and operations. 5.25 CITY POLICIES: Awarded contractor shall comply with the City of Boca Raton Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Boca Raton Human Resources Division. Violations of these policies may result in cancellation of the contract. 5.26 ADDITIONAL DISCOUNTS: Should sales promotions occur during the term of the contract that lower the price of the procured item or items, the vendor shall extend to the City the lower price offered by the manufacturers or Vendors on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change, quantity discounts, or otherwise, should be passed on to the City of Boca Raton. 5.27 PUBLIC RECORDS: A. The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. A Contractor providing services shall comply with Florida's Public Records Law and therefore shall comply with Section 119.0701, Florida Statutes. Specifically, Contractor shall: 1) Keep and maintain all public records related to the performance of the services. 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 that provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract. 4) Upon completion or other termination of the contract, keep and maintain the public records required by the City to perform the services. Contractor shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the City all records that were stored electronically by Contractor, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the CITY. B. The failure of Contractor to comply with the provisions set forth in this Article, or to comply with the City's request for records, shall constitute a default and breach of this Agreement, and the City shall, in its discretion, pursue any and all remedies against Contractor provided for under this contract or at law. C. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERKn1V1YBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. 5.28 SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, Contractor is ineligible to enter into, or renew, this Contract if Contractor is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Contract, Contractor certifies that Contractor is not on the Scrutinized Companies that Boycott Israel List, and that Contractor is not engaged in a boycott of Israel. C. Contractor shall notify the City if, at any time during the term of this Contract, Contractor is placed on the Scrutinized Companies that Boycott Israel List, or that Contractor is engaged in a boycott of Israel. Such Page 8 Page 326 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 notification shall be in writing and provided by Contractor to the City within ten (10) days of the date of such occurrence. D. In the event the City determines, using credible information available to the public, that Contractor has submitted a false certification or Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the City may, in its sole discretion, terminate this Contract and seek a civil penalty, and other damages and relief, against Contractor, pursuant to Section 287.135, Florida Statutes. In addition, the City may pursue any and all other legal remedies against Contractor. E. Contractor shall not seek damages, fees, or costs against the City in the event the City terminates the Contract pursuant to this provision. 5.29 E -VERIFY By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Should Contractor violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Page 9 Page 327 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 SECTION II: SPECIAL CONDITIONS PART I INSTRUCTION TO BIDDERS: 1.01 INSTRUCTIONS TO BIDDERS: The City of Boca Raton, Florida is seeking Bids from qualified bidders for School Crossing Guard Services, Bid No. 2021-014. The purpose of this bid is to establish a term contract for School Crossing Guard Services at locations specified by the City. This Bid package contains all of the information and documents necessary to prepare and submit a responsive Bid. Bidders are cautioned to read all of the documentation provided. Bidder will be responsible for complying with all requirements identified herein. The City of Boca Raton shall not be responsible for the content of Bid response packages or addenda received from any third party source. Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. on June 8, 2021. HOW TO RESPOND TO THIS BID Either of the following two options may be utilized by a Bidder to submit a sealed Bid response. A. Submission of the Bid response by electronic transmission using the City's electronic bid system located at https://brpurch.ionwave.net/Login.aspx. In order to submit the bid electronically: (1) the Bidder must print the Bid documents; (2) all required bid data/information must be added to the Bid documents and included forms; (3) an individual authorized to contractually bind the Bidder must sign all required Bid forms; (4) the entire Bid response and all signed forms must be scanned to PDF format; and (5) the Bidder shall upload the scanned Bid response and signed Bid forms to the City's electronic bid system pursuant to the directions in the electronic bid system. Please note that the maximum file size is 100 MB for an uploaded file. Bidder's response shall not contain any alteration to the Bid documents that were posted by the City other than entering data, information and signatures required by the Bid in the spaces provided for such data, information and signatures, and by including attachments as necessary. By submission of an electronic Bid response, Bidder affirms that a complete set of Bid documents was obtained from the City's electronic bid system and that Bidder made no alteration of any kind or nature to the Bid documents other than entering data, information and signatures required by the Bid or by including attachments as part of the Bid response. Electronic Bid submissions are only permitted to be upload prior to 3:00 p.m. on the Bid due date. Any attempt to upload a late Bid response at or after 3:00 p.m. on the Bid due date will be rejected by the City's electronic bid system. It is highly recommended that Bidders submit their Bid response as an electronic submission using the City's electronic bid system. B. Delivery of the Bid response as a sealed paper bid response: City will receive Bids at the following address: City of Boca Raton City Hall / Attn: Purchasing Division 201 W. Palmetto Park Road Boca Raton, FL 33432 The envelope shall be identified on the outside with the Bidder's name and address, and the notation: " Bid No. 2021-014, School Crossing Guard Services. ii. Bidders are instructed to enter building through the front entrance door (North side of City Hall Building) when hand delivering bids. Check in at the reception area and identify that you have a Bid package for delivery to the Purchasing Division. A representative from the Purchasing Division will be contacted to receive the Bid submittal or Page 10 Page 328 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 will already be at the reception area. The Purchasing Division representative will place a date/time stamp on your Bid submittal package to confirm receipt is prior to the closing date and time. Please note: The City may have special procedures for COVID-19 that person delivering the Bid will be required to follow (i.e. masks must be worn for entrance to City Hall). iv. Bidders are responsible for verifying that they have received and viewed all bid pages. Bidders are requested to submit an original and no copy of their bid document for review by the City. 2. A Bid response submitted either by upload or by hand -delivery after the specified due date and time will be rejected. As indicated above, the City's electronic bid system will not accept Bid responses that are attempted to be submitted after the due date/time. As to a hand -delivered Bid response, it will be rejected and returned unopened when the Bidder attempts to hand -deliver it or it will be rejected when it is attempted to be hand -delivered by a third party mail service. If the Bid response is delivered after the required date and time and a City representative is not available to reject it, that Bidder will be notified that the Bid response was submitted after the required/specified date and time and the City will return the Bid response, as long as the Bidder name and address is available on the Bid response package. The names of the Bidders who have submitted a Bid response will be made available on the Purchasing Division Web page: https://www.myboca.us/253/Tabulations-Award-Recommendations A Bidder's Bid response (either uploaded or hand -delivered) shall be signed only by an individual authorized by the Bidder to both execute such bids and to bind the Bidder. For electronic submissions, the signature included shall be deemed an original signature, shall be binding on the Bidder, and shall be relied upon by the City as a document authorized by the Bidder for all purposes. Online real-time viewing of sealed Bid openings, in lieu of physical assembly for viewing, will proceed in the same manner as procurement ordinarily performs such openings as detailed in Exhibit A, as attached herein. 1.02 INFORMATION: Any questions by prospective Bidders should be directed to Micha Caldwell, Buyer, Purchasing Division, by email at mcaldwell@myboca.us, who is authorized only to direct inquiries to various portions of the Bid so Bidders may read and interpret such for themselves. No authorization is allowed by any City of Boca or Purchasing Division personnel to interpret, or give information as to Bid requirements in addition to that, which is contained in the written Bid document. Interpretations of the Bid or additional information as to its requirements, where necessary, shall be communicated to Bidders only by written addendum after written requests have been received from the Bidder. Written requests must be received by 6/2/2021. Any ambiguities, inconsistencies or questions should be brought to the attention of the City by submitting an email to mcaldwell@myboca.us with reference to the Bid number and title in the subject line. PART II DEFINITIONS: 2.01 DEFINITIONS 1. The term "Successful Bidder" shall be referred to as the "awarded vendor" and/or "Contractor' throughout this document. 2. The term "Project Manager" and "City Contact" shall be used interchangeably throughout this document. 3. The term "Public Entity" shall mean one of the following: A local agency, state agency, federal agency, county, municipality, public school/university. PART III BIDDING AND AWARD PROCEDURES: 3.01 QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed below. The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. If information is not included, the City reserves the right to solicit bidder for the submission of this information. Failure by bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in bidder's bid response being considered non- responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidders Form. Page 11 Page 329 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 A. Bidder shall provide three (3) satisfactory references from Public Entity accounts that have serviced a minimum of twenty five (25) school crossing guards/posts within the time period 1/1/2017 through 6/1/2021. Each reference provided by Bidder, shall be for a different entity/organization. Each reference shall reflect that Bidder's firm was the Contracted vendor for services. References where bidder's firm was the subcontractor are not acceptable. B. Bidder shall have and maintain a minimum of two (2) Feld supervisors employed by their firm that have a valid FDOT trainer certification. Copy of certificate to be submitted at time of bid. C. The City will not award a bid to any bidder who cannot provide evidence that their Firm Name identified on the "Signature of Bidder " form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business. Proof may be required. 3.02 COMPETENCY OF BIDDERS Pre -award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "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 proper authorities of the City. 3.03 BACKGROUND INFORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence their qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 3.04 REFERENCES As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 3.05 TERMS, CONDITIONS AND SPECIFICATIONS Pre -award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "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 proper authorities of the City. 3.06 METHOD OF AWARD The City reserves the right to award to a single vendor on an all or none basis. Bidder is required to bid all items to be considered. Bid evaluation of pricing will be based on the Grand Total of Bid Form Group I, Items one (1) and two (2). 3.07 TIE BID RESPONSES Preference shall be given to the business with a Drug -Free Work Place program that is in accordance with Florida Statute 287.087 whenever two or more quotes which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services. Upon Bidder(s) providing proof to the City that it has a written Drug Free Work Place program, Bidder(s) shall be given preference in the award process for a tie bid. In the event none or multiple firms have the Drug -Free Work Place in accordance with Florida Statute 287.087 and the tie bid still remains, the following shall apply. A. Whenever two Request for Quotes, which are equal with respect to price and are deemed the low responsive and responsible bidders are received by the City for the procurement of commodities or contractual services, Page 12 Page 330 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 the City will make the decision by way of a coin toss to determine the single awarded bidder. Notice of using a coin toss to determine the award will be provided to the two tie bidders. B. Whenever three or more Request for Quotes which are equal with respect to price and are deemed the low responsive and responsible bidders are received by the City for the procurement of commodities or contractual services, the City will make the decision by way of a drawing to determine the single awarded bidder. Notice of using a drawing to determine the award will be provided to the three or more tie bidders. 3.08 POST AWARD MEETING Within five (5) business days after receipt of notification of bid award, successful bidder shall have their assigned account representative meet with the City Project Manager. PART IV INSURANCE 4.01 INSURANCE REQUIRED (Proof of ability to obtain insurance to be submitted with bid document) 4.02 COMMERCIAL GENERAL LIABILITY Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X -C -U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The Contractor agrees any self-insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The Contractor agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis. 4.03 WORKER'S COMPENSATION & EMPLOYER'S LIABILITY The Contractor agrees to maintain its own Worker's Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). 4.04 BUSINESS AUTOMOBILE LIABILITY Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the Contractor does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Contractor indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. Contractor's Signature: 4.05 SUBCONTRACTOR'S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton. 4.06 SUPPLEMENTAL PROVISIONS A. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non -renewal, material change, modification or lapse of coverage, Contractor shall notify the Page 13 Page 331 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 City within thirty (30) business days with written notice of such to the Purchasing Division by email to mcaldwell(cD_myboca. us. B. All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL 33432. PART V PURCHASE ORDER AND CONTRACT TERMS 5.01 CONTRACT PERIOD AND RENEWAL The initial contract period shall be for one (1) year, automatically renewed thereafter for four (4), one-year renewal periods subject to termination clause(s) as provided herein. Automatic contract renewal shall be subject to the appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. The City requires a firm price for initial contract period. Automatic annual renewals will be based on the same terms, conditions, pricing and specifications herein. For the purpose of re -bidding, the contract may be extended at the City's option for a defined period of time, not to exceed one (1) year. Option for extension will only be exercised upon mutual written agreement and with all terms, conditions and unit prices adhered to with no deviations. Non -Minimum Wage Increase(s) Prior to each annual renewal, the City may consider price adjustment(s) only when a written request is received by the Buyer identified herein a minimum of ninety (90) days prior to the renewal date for review by the City. Contractor is responsible for verifying that written price request was received by the Buyer within ninety (90) days. Contractor's written request shall identify each bid item affected and proposed price with written justification and supporting documentation attesting that the request is a bonafide cost increase/decrease to the Contractor. Failure to submit the required supporting documentation may result in the price adjustment request being denied. Contractor's requested price adjustment is subject to City approval and shall require written acknowledgement from Purchasing. In the event that the City does not wish to accept the adjusted cost(s) and the matter cannot be resolved to the satisfaction of the City, the Contract may be terminated by the City by giving written notice to the Contractor. In the event that a cost decrease is realized due to changes in the economy (CPI/CPU and/or decreases that are industry specific), the City shall have the right to request and receive from the Contractor a reasonable reduction in costs. Minimum Wage Increase(s) No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment to the Federal Minimum Wage to a higher level than the Florida Minimum Wage. If the minimum wage rate should increase throughout the duration of the contract period, such will be approved as a contract alteration for the new daily rate if the following conditions exist and are provided: (1) Notice referencing proper agency on increase(s) of the minimum wage rate. (2) Receipt of formal notification by the Buyer in Purchasing, of all employees servicing the contract and of this number of employees how many are affected by the minimum wage increase. (3) Contractor must be able to submit proof that employees were receiving the minimum wage rate in the form of check stubs and/or payroll printouts denoting Contractor's payout of the minimum wage rate to each employee. (4) Request for price increases due to minimum wage rate increases are subject to the Purchasing Manager or appointed designee's approval. Adjustments in contract pricing due to the minimum wage increase will be executed under item 5.02 "Contract Alterations" of Section II of this bid/contract. The City will only consider the increase amount that is directly correlated to the minimum wage increase. 5.02 CONTRACT ALTERATIONS The City reserves the right to delete, add or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. The Contractor, the City's Project Manager and Purchasing Manager or appointed designee must mutually agree upon items added or revised. 5.03 QUANTITY The City of Boca Raton reserves the right to increase or decrease estimated annual quantities as required. Page 14 Page 332 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 5.04 ACCEPTANCE AND PAYMENT (For Services) In conjunction with General Term and Condition No. 5.03 and 5.06, The City of Boca Raton will pay 100% of the contract price after all services have been provided and accepted by the City. The using department will make final inspection of the services as referenced in this bid to ensure services are in accordance with the specifications and must be approved before payment is made. Failure in the awarded Contractor's responsibility as outlined may result in either one or any of the following as determined by the City: • Request for immediate replacement of services of partial or entire order. • Payment withholding until compliance is received and approval granted. • Cancellation of partial or entire order at no cost to the City. If an agreement cannot be reached between the City and the Contractor to resolve the problem to the City's satisfaction, the City reserves the right to negotiate with the Contractor on a payment for the work completed and usable to the City. Invoice must reflect purchase order number. 5.05 METHOD OF ORDERING (The following supersedes and replaces General Condition 5.01) School crossing guard services shall be ordered via individual purchase order acting as the Contract with reference to Bid No. 2021-014. Invoice must be submitted against individual purchase order. 5.06 PERFORMANCE The City of Boca Raton heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded Contractor for future consideration and/or reference purposes. A sample Vendor Performance Report may be obtained upon request of the Purchasing Division. The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. Page 15 Page 333 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 SECTION III: SCOPE OF WORK AND SPECIFICATIONS PART I GENERAL 1.01 Introduction The purpose of this bid is to obtain responses from qualified firms that provide for School Crossing Guard Services. Contractor will be responsible for providing school crossing guards at locations specified by the City and shall be completely responsible for the supervision of such personnel in accordance with terms, conditions and specifications. It is the City's intention to have contract services referenced in this bid commence in time for the 2021 Fall School session. Definition(s): Field Supervisor — shall mean Supervisor, Crossing Guard Supervisor, Certified Trainer, Certified Guard Trainer and School Crossing Guard Trainer as referenced in the Florida Department of Transportation (FDOT) " Florida School Crossing Guard Training Guidelines". Post - shall mean designated area where School Crossing Guard is placed and works, or guard. 1.02 Scheduling a) The Contractor shall assign an account representative to oversee the services in this bid/contract and to ensure the services are scheduled, staff is trained and certified, background checks are completed and weekly logs are managed and sent to the City Contact throughout the contract period. Account representative shall also be responsible for troubleshooting any concerns or complaints by the City and making any necessary staff changes as required. b) Regular and Summer School Sessions: The regular school session begins in August and will run until approximately June, with appropriate holidays and teacher work days that do not require coverage. In addition to the regular school session, summer school at all schools usually begins around the first of July and lasts for approximately six (6) weeks. For the regular school session, the City anticipated eighty-six (86) school crossing guards or posts and two (2) field supervisors. For the regular school session, the Contractor shall be required to provide school crossing guard services in accordance with the locations, times and number of guards/posts referenced on Exhibit B attached herein, Monday through Friday in accordance with the School Board of Palm Beach County school days. The last summer school session was in 2018 and held at one school location. At the end of each school year, the City will contact each school to determine if a school crossing guard schedule for the summer will be necessary. The school crossing guard schedule referenced on Exhibit B references the regular school session and is subject to change based on school and summer requirements. Exhibit C, as attached herein, references a "Written Notice" letter to be used for changes to the school crossing guard schedule for the regular and summer school sessions. The City will provide Contractor with three (3) business days written notice. The number of Field Supervisors required to oversee operations for the Summer School Session will be determined by the City. Daily rates shall remain the same for any modifications made to Exhibit B. c) The Contractor shall provide two (2) experienced field supervisors for the regular school session to oversee the operations when school crossing guards are on duty. The Contractor's field supervisors shall ensure that all crossings are properly staffed. d) The Contractor shall ensure that adequate employees are available for the backup of any school crossing guard in case of absenteeism. Each backup school crossing guard shall be fully trained in accordance with Florida Statute 316.75 and familiar with the specific crossing location. Each working school crossing guard shall be provided with the name and telephone number of a backup school crossing guard and field supervisor in case the working school crossing guard cannot be at his/her post. The City will not pay for post services not rendered by Contractor. Failure to perform required services under this contract may result in termination of contract. Field supervisors are permitted to work a post only on an emergency basis; field supervisors are to be active in the field, not working posts. 1.03 Training and Certification At no cost to the City, the Contractor shall provide all school crossing guards and field supervisors for the services in this bid/contract. Contractor shall ensure that school crossing guards and field supervisors receive proper initial Page 16 Page 334 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 and annual re-training. School crossing guards and field supervisors assigned to the City shall comply with all terms and conditions set forth in the latest edition and any updated editions of the "Florida School Crossing Guard Training Guidelines" published by the Florida department of Transportation (FDOT). The Contractor shall comply with Title XXIII, Chapter 316 Section 316.75, Florida Statutes "School Crossing Guards" (previously Section 234.302, Florida Statutes, the "Ramon Turnquest School Crossing Guard Act", by providing FDOT certified field supervisors to ensure that all persons employed as school crossing guards receive proper training as required by law. Contractor shall provide evidence of training to the City Project Manager (i.e. FDOT issued training certificate or FDOT training performance checklist if no certificate has yet been issued by the State) of school crossing guard or field supervisor prior to post assignment. The field supervisors shall be a FDOT certified trainer. It is the Contractor's responsibility to keep all training documentation up to date and to provide copies to the City Project Manager. All FDOT issued training certificates shall be signed by Contractor before forwarding to City Project Manager. The Contractor shall be responsible for compliance with all applicable Florida Statutes as it relates to the training requirements and shall only place a school crossing guard at locations that have met the state -mandated training requirements. The City shall not be responsible for the non compliance of the Contractor and will only make payment for services provided that are in compliance. The City will not be responsible for making payment for school crossing guards and/or field supervisors who have not successfully met the training criteria and may result in termination of contract. 1.04 Equipment / Appearance a) The Contractor shall provide their personnel with uniforms and all assigned equipment (reflective vest, whistle, gloves, stop paddle, rain gear, etc.) pursuant to the Florida School Crossing Guard Training Guidelines under Florida Statute 316. The preferred color uniform shall be a white shirt or blouse and khaki/tan bottoms. Contractor personnel shall under no circumstances be permitted to wear open toed shoes, sandals, sling backs or slip-ons, or suggestive clothing. Contractor shall be responsible for the cost of uniforms and/or equipment. The Contractor's personnel shall wear on their uniform an identification badge indicating that they are Contractor's employee. b) All Contractor employees shall present a professional appearance, be neat, clean, well groomed, courteous, properly uniformed, conduct themselves in a respectable manner, and be a minimum of eighteen (18) years old. 1.05 Monitoring Prior to assignment of school crossing guards, Contractor shall provide the City Project Manager with a list of names and telephone numbers and training dates of all school crossing guards, back-up guards and field supervisors. Contractor shall provide to the City Project Manager any changes to the list as they occur throughout the year with copies of any new personnel's FDOT training certificates. Contractor must maintain a weekly log referencing each employee's work shift and the location of the employee's guard post. Upon City request, Contractor shall submit a copy of the weekly log to the City Project Manager, Cory Mandel, Police Services CSO Supervisor cmandel(cDmyboca.us . 1.06 Conduct / Changes / Removal of Post a) Contractor's personnel shall not be permitted to exercise the following activities while providing services under this contract: • Use of tobacco products • Listening to, or using a multimedia device, including but not limited to IPod, MP3 player, portable radio, headset, or cell phone. Note: Using a communications device other than for emergencies, or official business related to this contract is prohibited. b) The City acknowledges that all employees of the Contractor shall be considered to be, at all times, the sole employees or contractors of the Contractor under its sole discretion and not an employee, Contractor, or agent of the City. Contractor understands that their employees shall be independent thereof and shall have no claim against the city as to pension, workers compensation, unemployment compensation, federal income withholding, insurance, salary, wages, or other employee rights or privileges granted by operation of law or by the City. Contractor shall also provide all Human Resources related services applicable for their employees, including, but not limited to; all record keeping, payroll (including the payment of all appropriate taxes), background checks and all other Human Resource applications as necessary or required by the City. Page 17 Page 335 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 c) The City reserves the right to request the Contractor to remove any Contractor employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the services is not in the best interest of the City. Such employee of the Contractor will be replaced with an acceptable substitute employee. The City reserves the right to require the change of any of Contractor's personnel upon not less than three (3) business days written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and location of the post location. 1.07 F.O.B. Point / Travel Expenses The F.O.B. point shall be destination. All travel expenses incurred by Contractor and/or their personnel (to and from guard/post location) shall be at no cost to the City. 1.08 Commencement of Services Contractor to train and assign guards to their locations within a minimum of thirty (30) calendar days of issuance of City purchase order for services herein, or by designated date referenced on City purchase order provided the date exceeds the thirty (30) calendar days. 1.09 Background Checks Contractor shall be responsible for supplying and administering background screenings at no additional cost to the City. At a minimum, Contractor shall perform a Level 1 Background screening as defined in Florida Statutes Chapter 435 for staff assigned to perform services for the City's contract. Contractor shall only provide staff to perform services for the City that pass and maintain a passing Level 1 Background screening. Contractor's personnel, who is currently under investigation or has been convicted of a crime delineated in section 435.03, Florida Statues, shall not be assigned to the City's account. Lack of knowledge by the Contractor will in no way constitute cause for relief from responsibility. At the request of the City, Contractor shall submit proof of background screening. 1.10 Subcontracting Subcontracting is NOT permitted for any of the services under this bid/contract. 1.11 Post Award Meeting Within seven (7) calendar days after receipt of Purchase Order, Contractor shall have their assigned account representative meet with the City Project Manager and/or other City designees. Items to be reviewed include, but are not limited to: • Scheduling of services. • Training and Certification overview. • Designated FDOT certified employees assigned. • Time frame for background checks to be performed. • Discussion and protocol of monitoring and weekly logs. 1.12 Annexation In the event that additional areas are annexed into the City of Boca Raton, the Contractor shall assume responsibility for providing school crossing guard services to designated schools in the annexed areas. The level of service and daily rate for services provided in an annexed area must be equal to the service and daily rate provided within the original City limits at the time the annexation is effective. The Contractor will be required to provide school crossing guard services at locations in the annexed areas, as directed by the City Project Manager. As soon as the annexation is approved, the City Project Manager shall provide all information regarding the additional number of school crossing guards and a transition plan before the date of required service by use of Exhibit C "Written Notice" letter with three (3) business days written notice to the Contractor and corresponding Purchase Order must reflect increase. Page 18 Page 336 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 EXHIBIT B CITY OF BOCA RATON SCHOOL CROSSING GUARD SCHEDULE I. REGULAR SCHOOL SESSION AS PUBLISHED BY PALM BEACH COUNTY SCHOOL BOARD NOTE: Two (2) Field Supervisors are required to oversee the operations of the school crossing guard services for all of the referenced locations within the Regular School Session. Page 19 Page 337 of 574 Location I A.M. Shift P.M. Shift Guards/Posts 1. Boca Elementary School — 103 S.W. 18t Ave A Glades & Dixie 7:05-8:00 2:10-2:55 3 B 200 N. Dixie 7:10-8:00 2:00-2:40 1 C Palmetto & Dixie 7:10-8:00 2:00-2:40 2 D 1 S. W. 1st Ave. 7:10-8:00 2:00-2:40 1 E 1 W. Royal Palm Rd. 7:10-8:00 2:00-2:40 1 F 200 S. W. 2nd Ave. 7:05-8:00 2:00-2:30 2 G 300 W. Camino 7:15-8:00 2:05-2:45 1 2. Addison Mizner Elementary School — 199 S.W. 121h Ave A 1800 SW 12th Ave. 7:10-8:00 2:05-2:50 1 B 1200 W. Camino 7:10-8:00 2:00-2:40 3 C 199 S.W 12th Ave. 7:15-8:05 2:00-2:35 2 D 1200 W. Palmetto 7:15-8:00 2:00-2:45 3 E 1100 W. Palmetto 7:15-8:00 2:00-2:45 1 F 500 S.W. 121h Ave. 7:10-8:00 2:00-2:35 1 3. Addison Mizner Middle School —199 S.W. 12th Ave A 1800 SW 12th Ave. 8:30-9:25 4:05-4:50 1 B 1200 W. Camino 8:30-9:25 4:05-4:50 3 C 199 S.W 12th Ave. 8:30-9:25 4:05-4:50 2 D 1200 W. Palmetto 8:30-9:25 4:05-4:50 3 E 1100 W. Palmetto 8:30-9:25 4:05-4:50 1 F 500 S.W. 12th Ave. 8:30-9:25 4:05-4:50 1 4. J.C. Mitchell School — 2470 N.W. 51h Ave A 400 W. Glades Rd. 7:05-8:00 2:05-3:00 2 B 2800 N. Dixie Hwy, 7:05-8:00 2:05-2:45 1 C 1999 NW 4Ave 7:05-8:00 2:05-2:40 3 D 2200 N. W. 5th Ave. 7:05-8:00 2:00-2:45 1 E 2300 N. W. 2nd Ave. 7:10-8:00 2:00-2:40 1 F 300 N. W. 23rd St. 7:10-8:00 2:00-2:40 1 Page 19 Page 337 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 Cont. Exhibit B 8. Boca Raton Middle School —1200 N.W. 8th Street A Location A.M. Shift P.M. Shift Guard/Posts B 5. Verde Elementary School — 6590 Verde Trail 8:30-9:25 4:05-4:50 A Verde & Powerline 7:10-8:00 2:00-2:40 1 B 6590 Verde Trl 7:10-8:00 2:00-2:40 1 C Verde Trl & Verde Trl S. 7:10-8:00 2:00-2:40 1 D Verde Trl S. & St. Andrews 7:10-8:00 2:00-2:40 3 F 6. Verde Middle School — 6590 Verde Trail 8:35-9:30 4:05-4:55 A Verde & Powerline 8:30-9:25 4:05-4:50 1 B 6590 Verde Trl 8:30-9:25 4:05-4:50 1 C Verde Trl & Verde Trl S. 8:30-9:25 4:05-4:50 1 D Verde Trl S. & St. Andrews 8:30-9:25 4:05-4:50 3 Jog & Yamato 7. Calusa Elementary School — 2051 Clint Moore Road 3:50-4:40 3 A 2051 Clint Moore Rd. 7:15-8:05 1:55-2:25 A 4 B Clint Moore Rd. & Jog Rd 7:15-8:05 1:55-2:25 1798 NW 40 St 3 8. Boca Raton Middle School —1200 N.W. 8th Street A 1200 W. Palmetto 8:30-9:25 4:05-4:50 3 B 1100 W. Palmetto 8:30-9:25 4:05-4:50 1 C 1200 N. W. 8th St. 8:35-9:30 4:00-4:50 4 D 400 W. Glades Rd. 8:35-9:30 4:05-4:55 2 E 1200 N. W. 13th St. 8:35-9:30 4:00-4:50 4 F 1 S.W. 12th Ave. 8:35-9:30 4:05-4:55 1 9. Omni Middle School — 5775 Jog Road A Clint Moore & Jo 8:25-9:15 3:50-4:40 2 B 5500 Jog Rd. 8:25-9:15 3:50-4:40 2 C Jog & Yamato 8:25-9:15 3:50-4:40 3 10. Don Estridge School — 1798 N.W. 40"' Street A 3200 N. Milita 8:45-9:30 4:00-4:45 2 B 1798 NW 40 St 8:45-9:30 1 4:00-4:30 1 Total Guards/ Posts: 86 Page 20 Page 338 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 EXHIBIT C WRITTEN NOTICE OF CHANGES TO SCHOOL CROSSING GUARD SCHEDULE Date: Contractor Name Address City, State, Zip Phone Email Subject: Bid 2021-014, School Crossing Guard Services Re: Exhibit B — Change No. Attention: Pursuant to the above subject bid, your firm is hereby being provided a minimum of three (3) business days written notification from the date of this letter referencing the attached changes made to Exhibit B, School Crossing Guard Schedule for the: Select which applies: Regular School Session from August - June. Summer School Session from June - July Such changes shall be made effective on and all billing shall be reflective of the changes. City Purchase Order No. will be amended to reflect such changes. Thank you for your cooperation and attention to this matter. Please feel free to email me at cmandel(a-)myboca.us or call me at 561-620-6108 if you should have any questions. Thank you for your cooperation and attention to this matter. Please feel free to email me at cmandel(ab_myboca.us or call me at 561-620-6108 if you should have any questions. Sincerely, Cory Mandel, Police Services Project Manager Page 21 Page 339 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 BID FORM PAGE Bidder is to provide "Daily Rate" pricing for items 1, 2, 3, and 4 in boxes highlighted in yellow below for Regular and Summer School Sessions. Estimated annual quantities are not known for the summer school session, bid evaluation of pricing will be based on the total of line items 1 & 2 of bid form page. Bidder is not relieved from providing daily rate pricing for items 3 & 4, and if such unit pricing is omitted by bidder, bidder shall understand that the same daily rates bidder provides for items 1 & 2 shall apply to items 3 & 4 respectively and bidder's authorized signature on the "Bidders Certification" form attests to this. All terms, conditions and specifications shall apply. Bidder shall not change pricing structure (i.e. daily rate to hourly rate) or impose any minimums, such as, but not limited to minimum amounts or minimum quantities. Any changes to pricing structure and/or minimum order requirements imposed shall cause bidder's bid response to be considered non responsive and thereby rejected. I. Regular School Session Bidder shall provide their daily rate for services provided during the A.M. and P.M. shifts on the schedule provided in Exhibit B. For future school sessions, daily rate shall remain the same. Throughout the contract period, the City reserves the right to increase and/or decrease estimated annual quantities based on actual needs. Daily rate shall cover the entire shift time (A.M. and P.M.). Item Type of Service Estimated Annual Quantity Daily Rate Extended Price Per Guard/Posts 1 School Crossing Guard 15,480 $ L -A -L. 1-.J/ Daily $ �� 86 Guards X 180 School Das Rate 2 Field Supervisor 360 $ y Z, LC) / Daily $ (2 Field Supervisors X 180 Rate School Da s Grand Total (Bid Items 1 & 2): $ J II. Summer School Session Bidder to provide their daily rate for services intended for future summer school sessions that may or may not occur throughout the contract period. For future summer sessions, daily rate shall remain the same. The City's last summer school session was in 2018 and held at one school location. The maximum amount of summer school days in a session is 20 summer days. If a summer session is exercised throughout the contract period, the City reserves the right to decrease summer days based on actual needs. Item Type of Service Estimated Annual Quantity Daily Rate Per Guard/Posts 3 School Crossing Guard Not Known $ LiI LG / Daily Rate 4 Field Supervisor Not Known $-z,(,-C) Daily Rate COMPANY NAME: /!h (t t �I(i �T 1p� IG Ci -1 �i ,Ltd DATE:I� f'I- 2 -CL 1 Page 22 Page 340 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 BID NO. 2021-014 BIDDERS CERTIFICATION (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths). I certify that I am authorized to bind performance of this Bid for the Bidder. I certify that this Bid is made without collusion or fraud. I certify acceptance of the terms, conditions, and specifications of this Invitation to Bid. I certify that this Bid submittal is in accordance with the specifications in its entirety and with full understanding of the conditions governing this Bid. *Bidder must submitproofthat their firm name is registered with their State of origin. *Name of Bidder: l ff� , LLL (Firm Name as Registered with their State of origin) Federal I.D. No.: Li: 5 b 0 Above Bidder is: Corporation Limited Liability Corporation (_) Sole Proprietorship (_) Partnership/Joint Venture Business Address: Street Address : (,c,,Z-`1 1 Yn hi;�N"\ LD \moi . (P.O. Box Address is not permitted) City, State, Zip:; �-- ��`{�' Mailing Address: (_) check if same as Business Address above Street Address: X555 Iy = —P oee - t oe W - +-k- 300 city, State, Zip: �7ac-A LCli(-W(- , f +'�L 3 3 0Gl Business Phone No: (� ,5-L4 - --I --I (' - 3'� L4 Business Fax No.: ` C Authorized Signer: Name of Authorized Signer: Ala L 0 C �1r1 Title of Authorized Signer: C� President or other Authorized Officer/Member/Manager Email for Authorized Signer: 'y m-tx- 0- CCA C nGp( bGz . L'Cn'1 Authorized Written Signature: x STATE OF: L COUNTY OF C'--" The fo oing instrument was acknowledged before me by mens of physical presence or online notarization this ` day of ., �,- c 20 7- , by T pw.� -�o _ who is personally known to me (or who has produced as i%ntif cation). NOTARY PUBLIC SIGNATURE: NOTARY NAME: Commission Number: My Page 23 SETH WATSON commission # 00 287305 Expires March 27, 2023 R.&dTtruTMvFditMMer M800.966'70/0 Page 341 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 CHECKLIST All bids should be submitted on the City provided Bid Package forms. All blanks on the proposed forms must be completed. Bidder is to return a complete set of all bid package forms listed as follows. Failure to submit the required documents may result in your bid being considered non-responsive and thereby rejected. 1. Is Qualification of bidder's information included? a. 3 References as requested on City form(s) herein Yes _ X No b. Copies of valid FDOT trainer certifications for two field supervisors Yes ) No c. Evidence of Bidder's firm being in business a minimum of one year Yes X No 2. Is Questionnaire of bidder's information included? Yes No 3. Is copy of bidder's valid Business Tax Receipt submitted? _ Yes_ CL No 4. Is proof or copy of Insurance submitted? Yes No 5. Is bid form pages completed in full? Yes No 6. Is bidder's certification form signed, notarized and submitted? _ Yes_ No 7. Are addendum (if any issued) submitted? Yes ( No 8. Is proof that firm name is registered with their State of origin. Yes No 9. Is Drug Free Workplace Form submitted? Yes No 10. Initial confirming that your firm is not subcontracting any services in this bid. 11. Name of individual submitting Bid: Taut C. C1�Sc--_ / �� e2Cn �G Email address: -5 CCS Cs P,GA is^LP,%ycSL_ Cr.. -r'1 Ph: c�5 y - '-7-1 L, 3t t `4 12. Contact person in your office for Insurance Certificate: A UG kAS Cl !L j, (\! Phone: t�k PUy.�aC� - C'.C�UAi`i'2C�rQ.tga.?L1ias► Email: 51, %-10 3 Z I L -,,V -,,2 -Cc" COMPANY NAME: W r--Att-` eVA �1GZOf1 CCU J, (.,(.L DATE: Page 24 Page 342 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed below. The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Bidder shall provide three (3) satisfactory references from Public Entity accounts that have serviced a minimum of twenty five (25) school crossing guards/posts within the time period 1/1/2017 through 6/1/2021. Each reference provided by Bidder, shall be for a different entity/organization. Each reference shall reflect that Bidder's firm was the Contracted vendor for services. References where bidder's firm was the subcontractor are not acceptable. REFERENCE 1: Company/Entity Name:t A �- (2S (OrP L- pmt n Address: '2 $G\ ccrp l 62no,5 _DC% U City, State, Zip: \ 3?�OL j.— Contact Name: Title: 66Z_CC4�,�t Phone: qS LA N Z �—I Email: G- 02rF,\ 5A?g4 n5S . GCS Contract Start Date: -2001 Is Contract still in place? Yes No, If No, when did Contract End: Quantity of Posts/Guards provided: Summary of Services Performed: __�CVNOC,\ ct-c5jim ajaej 6e2-0.Ce S REFERENCE 2: Company/Entity Name: C% � ojv _B�Cv,\ Address: City, State, Zip: GI- t E - Contact Name: _PV -i � � H (A LA Title: Phone: 5_G I - ] L4 Z- 42 11 1 Email: k At,Jki (-\ 5 P O bb VA • x,95 Contract Start Date: Zo-oZ. Is Contract still in place? _>�, Yes No, If No, when did Contract End: Quantity of Posts/Guards provided: y_ ff 1 � Summary of Services Performed: (U:J2tp COMPANY NAME: Wr-,C ,CF- t e \ \ KU ,P1 Sif\AA1 '� ► E&_ DATE: Page 25 Page 343 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 REFERENCE 3: Company/Entity Name: C� P'sq-o ,y'vA Address: t, i c City, State, Zip: Contact Name: :5r- CSX Z Title: _D��Pc46' D�-- Phone: Cks-'-i 3 LA Email: :5-l.Q E\A rj 9- E' ' t� Gi 1 ik1a . CrC(� Contract Start Dater Is Contract still in place? _X Yes No, If No, when did Contract End: Quantity of Posts/Guards provided: e2LA (C Summary of Services Performed: �j[� , � Cit (U �S �C' C �A ar -JS hero C e S 2. Bidder shall have and maintain a minimum of two (2) field supervisors employed by their firm that have a valid FDOT trainer certification. Copy of certificate to be submitted at time of bid. Proof of certification submitted as attachment Yes X No 3. The City will not award a bid to any bidder who cannot provide evidence that their Firm Name identified on the "Signature of Bidder " form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business._ Proof submitted as attachment Yes )< No COMPANY NAME:A),,ykc 'k -_0 *gczz1GA _V,4i 1` , (, k_ DATE: ltd' L+ ZC L' Page 26 Page 344 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 QUESTIONNAIRE Bidder must have an office phone number, Cell number and Email address where staff can be contacted Monday through Friday between the hours of 8:00 a.m. — 5:00 p.m. Staff listed should include, owner, supervisors, office staff, etc. Contact Name Office Phone Cell Phone Email Address n U S-1- -M - r{4'f Cn-^i ut_ L . CICS - 3W1- 653- IZI I 50 I t 9 PCh„1 ---Q AC -1 %'UN (..A6-tL- CG I oh Aldo Gsu. _7_)L - -_34'4q CI�y 25u- Z CA'►cr-Ibaa,C'ci1 QA1�C� .� t is ?710 N Q5q_ S•3 1 K% 5k.(YYo(-L & ad 1c, la4,aai^1 2. Of the 86 guards/posts that will be assigned to this contract, will your firm have to hire and employ them or does your firm currently have on staff. Please explain. A -Ac' coo -GStS > W.e t L tl he ;-CZC_s-u,A,1Ti rArO r� r\, -Ai-) '50Dp 7--�ZI-2022 +t�i fvfL._ If you have to hire and employ these individuals, what hiring requirements6dchco you utilize and do you require them to already be FDOT trained and certified. If not, please explain how they get FDOT trained and certified? Vi rt7 ``l`1 FAT)[ "eV1,A , ed -ArA,l r`erS \ — 1Wc C* k%CZ(C%-''4 V -CS> UT SI �1� C en �� i cA1► G \ �clL An/yer� �P� dLi �� An V :'�, 1,k-1 QeeA j icAA j o'x �-e_cejZ —f A >G` L:C�SSinry (O� faQC�: �e. ('C'rlcie.�`� I�QPIcI. i ALAI A(Y\6 Cly^SSrs -'rU cns, �� hc"J,••, C eJl. kk A ccssk- S!, S A 1� 3. Of the 2 field supervisors that will be assigned to this contract, will your firm have to hire and employ them or does your firm currently have on staff. Please explain. ---r\ t he C" 1 H G% bOCA CIJ e- 2.^-\ h -P,5 bCiCO i Cc> AV\fCr��tCFt��Si�1C( ZGI(�. Gie -i arti�Qi s,�t�Z�� .+� 4 • If you have to hire and employ the 2 field supervisors, what hiring requirements do you utilize and do you require them to already possess their FDOT trainer certification. If not, please explain how they get their FDOT trainer certification? --MUT ir�i�25 �la.,ll�r'� �•1,��rs ire I�c�CI �F.��zhc-F -F�e �jCc<,L `i,� 6,.�e�r.,t Cajr,A ► CS • 00e Ac> S VFAe_ A, as6 L)(X 'yX6 .-A herr - c> VI -to L50. 6 _-,Gr 5 COMPANYNAME:I g �e�C�e \CJ�iCk.'i -S 'R`I k- LUL DATE: ""c i' 21-2-1 Page 27 Page 345 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 4. As referenced in item 1.08 Commencement of Services in Section I II of this bid, Contractor will be required to train and assign guards to their locations within a minimum of thirty (30) calendar days of issuance of purchase order. Please indicate on a step by step basis how your firm intends to orchestrate and put in place. - -\C--k PL -NA . 5. As referenced in item 1.02 (a) of Section II I of this bid, Contractor shall assign an account representative to oversee services. Please indicate below the name and title of this individual and cell phone number. 6o' G"Ll 5� L� - Ao�� C)SLA• Lyn-C)-�r0 COMPANY NAME: I� \tIk k C\Ck `\( A)-- � `C%t�� l` , LiCDATE: (p- L+ Z�Z� Page 28 Page 346 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 11 DRUG-FREE WORKPLACE FORM 1] The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies W—,-A-CrA tOA XX o; OC .SVJ-VjL n L LL _ does: (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Asi rized to sign the statement, I certify that this firm complies fully with the above requirements. VU Sig ature of Bidder Date Page 29 Page 347 of 574 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 STATEMENT OF NO BID (No Bid may be submitted electronically within the electronic bidding system.) BE If you are not bidding on this service/commodity, please complete and return this form to: City of Boca Raton Purchasing Department, 201, W. Palmetto Park Road, Boca Raton, Florida 33432. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to bid on service/commodity because of the following reasons: REMARKS: Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Other (specify below) Page 30 Page 348 of 574 ACTION PLAN FOR THE CITY OF BOCA RATON QUALIFICATIONS AND COMPANY INFORMATION Waterfield Florida Staffing, LLC purchased Action Labor of Florida in 2018. Our management team and staff has remained the same since the acquisition. Action Labor and Staffing Connection are dba's of Waterfield Florida Staffing, LLC. The School Crossing Guard division of our company opened in 1999. We employ over 700 crossing guards and 40 Certified Trainers. Our company is the current vendor for the Cities School Crossing Guard program. We privatized the City in 2016 and have provided a program that covers all posts on a regular basis. The 2020-2021 school year was extremely challenging with COVID 19 laying off our crossing guards in March of 2020. Our team maintained good communication with the crossing guards during the lay off and we have provided the City with a comprehensive program. Staffing Connection will schedule a meeting with all the current guards in July 2021 to prepare for the 2021-2022 school year. RECRUITING and TRAINING Our strength in recruiting is proven by servicing over 35 City/County contracts. Our office maintains a direct focus on recruiting candidates that understand the commitment to be a school crossing guard. We have training classes weekly and accept applications daily. We would also recruit within the City for additional staff. We utilize our extensive data base to recruit qualified candidates. A database that has been developed for over 20 years. Additionally, we have found our employees to be an excellent source for identifying good candidates. We offer an incentive to all our school crossing guards that refer individuals that are hired by our company. POST EVALUATIONS AND STATE MEETINGS Staffing Connection will visit each post location and map out all current post locations. Staffing Connection will tabulate the number of children crossing at each post on an ongoing basis. The data received will be shared with our designated city contact and used to determine if post locations can be eliminated, or the need for additional post assignments. Our goal is to maximize safety and make sure the City's cost is being minimized where possible. Staffing Connection attends all required state meetings and has relationships with all the necessary state departments that are involved with the School Crossing Guard Program. Page 1 Page 349 of 574 SCHOOL CROSSING GUARD TRAINING Ensure that all School Crossing Guards have been properly trained to the "Florida School Crossing Guard Training Guidelines" before post assignment. Facilitate School Crossing Guard Training, sessions are held weekly. Each School Crossing Guard candidate is required to successfully complete a 4 -hour classroom training session conducted by a Staffing Connection trainer, who is a FDOT state certified trainer. They will also be required to complete a 2 hour in -the -field training session without and with children at a post. Staffing Connection will be responsible for completing all training documentation and obtaining the guards' certifications from the state. Guards are re -certified every 12 months. Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis". NOTIFICATION TO SCHOOLS A letter of introduction/notification will be sent to each school principal, advising who the contact person is at Staffing Connection. This will serve as a reference for the School Resource Office or any parent wishing to contact our office. SCHOOL CROSSING GUARD MAINTENANCE The Field Supervisor will be responsible to verify the coverage of all posts each day and that the Guards are on their posts for the required post time. This allows Staffing Connection the ability to control the attendance/punctuality of all guards on a day-to-day basis. We will always have substitutes available and the supervisors will also be available to fill in where needed. Each guard will have the supervisor's phone number and a 24-hour contact at our office, in the event the guard has a problem during nonworking hours. Our staff supervisor meets with the Field Supervisors on a weekly basis, to verify time is being reported correctly and to get a weekly report of events. Forms are turned into our office and kept in an employee file. Forms include: Weekly supervisor report. Absence Report. Complaint Resolution. Employee Discipline Warning Notice and a Weekly Time Sheet. A Staffing Connection school crossing guard liaison will travel with the supervisor on a periodic basis to ensure that policies and procedures are being met. Additionally, our management team does unscheduled observations. Page 2 Page 350 of 574 EQUIPMENT AND DRESS CODE Staffing Connection will provide the state required equipment including: Ansi Il Retro -Reflective Vest, Whistle, Reflective Stop Paddle. All guards are required to wear a white polo type shirt and navy or black pants/shorts. Tennis shoes are mandatory as proper foot attire. Guards are always required to be neat and clean. BADGES City of Boca Raton School Crossing Guard will be issued a Staffing Connection photo I.D. Badge that must always be worn while on their post. This will identify who they are to the children, parents and teachers while on their respective posts. PAY SCHEDULE Employees are paid on a weekly basis upon submission of a group time sheet by the field supervisor CONTACT PERSON The City of Boca Raton will provide a contact person to call if situations arise and for informational purposes. Page 3 Page 351 of 574 Con Baa Oro Con Con Page 352 of 574 Oro Con Page 352 of 574 I a0 d CD Page 353 of 574 O A S'' z c� < c �� _ro1r_ oN t• A O aft� p `coo ''Cs Q. y co Page 353 of 574 t+l Date May 24, 2021 PURCHASING DIVISION 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 Raton PHONE (561) 367-7871 (FOR HEARING IMPAIRED) TDD (561) 367-7043 www.mvboca.us Addendum No.1 Bid No. 2021-014 Title: Crossing Guard Services The following Addendum items are amendments to the original Bid document and shall be considered as an integral part of said Bid document and bindings thereon as if bound therein. All items of the Bid document shall remain intact unless amended by this addendum. Addendum No.1 is 1 page and includes 1 attachment. This addendum serves as notice of the following change(s). Chang ar dert d by"u � Addendum No. 1 CITY OF BOCA RATON PURCHASING DIVISION VIRTUAL PUBLIC MEETING PROCEDURES UTILIZING COMMUNICATIONS MEDIA TECHNOLOGY (CMT) 1. Intent. The intent of these Virtual Public Meeting procedures ("Procedures") is to conduct official business in accordance with Florida Statutes and/or to meet requirements of the Procurement Code of the City of Boca Raton. It is the intent of the City to provide an equitable and efficient method to provide public access to all matters that are to be addressed through public meetings ("Proceedings"). 2. Applicability. These Procedures shall be utilized for Public Meetings utilizing CMT. 3. Definitions. The following words, terms and phrases, when used in these Procedures, and notwithstanding any other definitions in the City Code, shall have the meanings ascribed to them in this section. Attendees. shall mean members of the general public who wish to view Proceedings via CMT. Notice. Notice requirements as contained in Florida Statutes and the City Code of ordinances shall apply to the Proceedings. Any notice of a meeting, and any agenda for such meeting, to be conducted as a Proceeding, shall include a reference to the Virtual Public Meeting Procedures for information on the method to view the Proceedings. Official file. All written communication received by Staff (from any source) concerning any matter on a Proceeding Agenda shall be filed in the record, which shall be maintained by Staff. Virtual Public Meeting Procedures and Technical Information for CMT Meetings. The technical information for CMT Meetings (utilizing the Go To Meeting platform) as detailed below, and a copy of these Procedures shall be posted on the City website. 4. General Procedures. (a) Proceedings (or Meeting). The Meeting shall be held through the use of CMT (electronic transmission of printed material, audio, full -motion video, freeze-frame video, compressed video, and digital video by any method available, as provided in Section 120.54(5)(b)(2), Florida Statutes), which is accessible to all Attendees, to the extent technologically practicable. (b) Attendance. The Purchasing Division will make its best efforts to take attendance at all Meetings or events held pursuant to these Procedures, to the extent technologically practicable through the CMT. (c) In the event the City's CMT malfunctions during the Proceeding, the Purchasing Division shall use its best efforts to address the malfunction and, if the Meeting is continued to a specific date and time, or rescheduled, to provide notice as to the date and time of the continuation of the Proceeding. Malfunction of an Attendee's CMT equipment, including, but not limited to computer and/or telephone, shall not require continuation of the Proceeding, provided the Purchasing Division CMT Equipment continues to function. 5. Technical Information for CMT Meetings. The notice of Proceedings will provide that instructions, as detailed below, for accessing the Meeting using CMT and will be available on the City's website. (a) Public Bid Openings — Attendees may view and/or listen to the opening of the bids but may not participate or provide comments/questions. 6. Technical Information for CMT. • Mute: Attendees will be automatically placed in Listen Only (mute) mode during the Meeting. The Meeting organizer (Staff) will control mute/unmute. • Live Video: Attendees will have their video capabilities automatically placed on off mode. • Attendance: In order to keep a log with attendance, we are asking everyone to type your name and the name of the supplier/contractor you represent under the chat feature. • First Time Using Go To Meeting: Get the App in advance by clicking on the link provided below. Page 1 of 2 Page 355 of 574 Go To Meeting Invitation: Bid Opening for Bid No. 2021-014 Crossing Guard Services Date and Time as stated in the Special Conditions, Item 1.1 *Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/moin/884822093 You can also dial in using your phone. United States: +1 (224) 501-3412 Access Code: 884-822-093 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/884822093 Page 2 of 2 V 5/20/21 Page 356 of 574 6/8/2021 Detail by Entity Name L?eP-9ttrnent of Stale / Division of Corporations / Soarch I ecoids / Search Iy Entity Nan -i; / Detail by Entity Name Florida Limited Liability Company WATERFIELD FLORIDA STAFFING, LLC Filing Information Document Number L18000046941 FEI/EIN Number 82-4558588 Date Filed 02/21/2018 State FL Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 04/25/2019 Event Effective Date NONE Principal Address 624 NOTTINGHAM BOULEVARD WEST PALM BEACH, FL 33405 Changed: 04/09/2021 Mailing Address 624 NOTTINGHAM BOULEVARD WEST PALM BEACH, FL 33405 Changed: 04/09/2021 Registered Agent Name & Address CORPORATE CREATIONS NETWORK INC. 801 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Name Changed: 04/25/2019 Address Changed: 03/25/2020 Authorized Person(s) Detail Name & Address Title AM BR WO PARTNERS, LLC 4779 COLLINS AVENUE SUITE 4405 p��p ,�j7 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=V A-RWIELDFLC 574 2 6/8/2021 Detail by Entity Name I MIAMI BEACH, FL 33140 Annual Reports Report Year Filed Date 2019 03/27/2019 2020 03/11/2020 2021 04/09/2021 Document Images (14-!-091(-)2Ll -::-A-N-NU8L3E.PQK [ �7,,,-,, View imAge in PDF format 04/2.)'2019— CORI CRACK, E View image in PDF format 03127,12019 — ANNUAL. REPORT View image in P[�F for at 071131201 B -- LC Amendment View image e in PI)F format LimitedL—2iat Itflu--- ---------- —1 . . . . ...... ...... .. . ...... ... ... ...... ...... . . in PDF format Vp A�W�,a��Lof r -,7A search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder= ... Iff'r WATERFIELD PARTNERS 624 NOTTINGHAM BLVD WEST PALM BEACH, FL 33405 Receipt #05A-19-00010792 Paid 09/02/2020 33.00 2020 -2021 BROWARD OUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Av B., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021 DBA: STAFFING CONNECTION ACTION LABOR Receipt#: 329-34749 Business Name: Business Type: ALL OTHERS (STAFFIN Owner Name: WATERFIELD PARTNERS LLC Business Opened: 08/05/2007 Business Location: 6555 N P)WERLINE RD 306 State/County/Cort/Reg- FT LAUDE DALE Exemption Code: Business Phone: 954-776- 3444 Rooms Seats Employees Machines Professionals 5 umy Numhsr of 1 AGENCY) Tax Amount I Transfer Fee NSF Fee PenaltyPrior Years Collection Cost i Total Paid 33.001 0.00 0.001 0.00 0.001 0.001 33. PO Receipt #05A-19-00010792 Paid 09/02/2020 33.00 Page 359 of 574 ACORL7® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/31/2019 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 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 Risk Transfer Insurance Agency LLC 47 E. Robinson Street, Suite 200 Orlando FL 32801 CONTACT NA August Quartararo PHONE FAX • 561-683-1211 A/c Ne, ADDRESS: aquartararo@actionlabor.com INSURERS AFFORDING COVERAGE NAIC # Y INSURER A: Zurich America Insurance Company PRA0990931012 INSURED WOPARTN-01 Waterfield Florida Staffing, LLC 624 Nottingham Boulevard INSURER B: American Zurich Insurance, Inc 40142 INSURER C: American Guarantee & Liability 26247 INSURER D: United Wisconsin Insurance Company West Palm Beach FL 33405 INSURER E: INSURER F: COVERAGES CERTIFICATE NLIMRFR- 1RQ91A3RR3 RFVICInN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYpE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y PRA0990931012 1/1/2020 1/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X PRO - POLICY JECT LOC GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 $ OTHER: B qEa AUTOMOBILE LIABILITY ANY AUTO PRA013080600 PRA0990931012 1/1/2020 1/1/2020 1/1/2021 1/1/2021 COMBINED SINGLE LIMIT $1,000,000 accident BODILY INJURY (Per person) $ I OWNED X AUTOS SCHEDULED AUTOS ONLY BODILY INJURY (Per accident) $ 1,000,000 X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB X OCCUR UMB036953202 1/1/2020 1/1/2021 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTIONn $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE —]N/A OFFICER/MEMBEREXCLUDED9 N /A WC500-00041-020-SZ 1/1/2020 1/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability PRA0990931012 1/1/2020 1/1/2021 General Aggregate 2,000,000 Each Occurence 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Subsidiaries: •dba Action Labor of Florida, LLC •dba Action Labor of the Carolinas, LLC •dba Action Labor Management •dba Staffing Connection Contract # 2016-222 School Crossing Guard Services Additional Insured status is provided to the City of Boca Raton and the Greater Raton Beach and Parks District where required by written contract, per the terms, conditions, and exclusions of the policy. City of Boca Raton 201 West Palmetto Park Road Boca Raton FL 33432 I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 360 of 574 7.C. Requested Action by Commission: Approve utilizing the Palm Beach County, FL Term Contract # 21044 with Sulphuric Acid Trading Company, Inc, (SATCO) of Tampa FL for the purchase of sulfuric acid for a total estimated expenditure of $325,000.00. The Palm Beach County contract satisfies the City's purchasing requirements. Explanation of Request: The City's West Water Treatment Plant requires sulfuric acid to adjust the pH of water during the treatment process. On 7/13/2021, Palm Beach County approved a contract with the Sulphuric Acid Trading Company, Incorporated in Contract # 21044 for the purchase of sulfuric acid. The Palm Beach County contract satisfies the City's purchasing requirements. Utilizing this contract, Sulfuric Acid Trading Company, Inc. will provide sulfuric acid to the West Water Treatment Plant, as described in the attached contract and bid solicitation for an annual total of $325,000.00. The price of acid has increased with the new competitively bid contracts. The utility was paying $1.41/gallon at the beginning of FY21. The current contract price is $1.91/gal. Costs since 2019: • 2019 - $100,051 • 2020 $221,333 • 2021 thru 5/2021 $161,573 The initial term of this annual service agreement is from July 15, 2021 to July 14, 2022. How will this affect city programs or services? Sulfuric Acid is required for treatment of water at the West Water Plant in order to prevent scaling and fouling in the nano -filtration membranes and to prevent turbidity during degasification of filtered water. Fiscal Impact: $325,000 for 170,157 lbs at $1.91 per pound. Alternatives: Not treat drinking water. Strategic Plan: Strategic Plan Application: n/a Climate Action Application: n/a Page 361 of 574 Is this a grant? No Grant Amount: Contracts Vendor Name: Sulfuric Acid Trading Company, Inc. Start Date: 7/15/2021 End Date: 7/14/2022 Contract Value: $496,600 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: This contract is for 12 months with the option to renew for four (4) additional twelve (112) month periods. Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt Description Tb,irirn I E)ttENr tO VE)indoir' FlairnBE�,ach COU1111ty IBlid for SL.JffUlric, Acid Wth AddE)indUlirn Page 362 of 574 Form L Purchasing Departmeot 50 Sotuh Military Trail, Sura ,e. 110 Wesl Palm Beach, (q. 33dl 15-3191) July 13, 2021 (5s1) 616-6800 FAX: (561) :M2-6744 Sulphuric Acid Trading Company, Inc. www.l)i)(,gov.cc)aiiii)to�(tiasiaig Brent Shonka, General Manager 3710 Corporex Park Drive, Suite 205 Tampa, FL 33619 TERM CONTRACT # 21044 Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners palim Beach County ("County") is entering into a Term Contract with your company for SULFURIC ACID Bo,ard of County 93% SOLUTION, BULK DELIVERY, PURCHASE OF, based on: Commissioners 1XI SOLICITATION #-21-044/MB Dave 1jelr1jef, mayor i�ot)en s. weiiirotli, vice mayor The term of this contract is 07115/2021 through 07/1412022 and has an estimated dollar value of $ 2,300„000. Niaria G. Marilm If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire I egg ” K Weiss term of the contract, including any renewals or extensions thereof. Maria Sachs County User Departments will issue individual "Delivery Orders" against this contract N'lelissa mcliiiilay as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 mask Bel rwrd XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be COUnty AdjoinlstraMr accessed at https://pbcvssp.co.paIm-beach.fl.us/webapp/vssp/AltSelfService. Failure to Vctdeii�a C. Baker comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Marva Brown at mbrown@pbcgov.org or (561) 616-6815. Sincerely, "t Director c: Vernetha Green, Water Utilities Department File pdoted on suslaitjablo w7orecycfc(ipaper Page 363 of 574 Board of County Commissioners Dave Kerner, Mayor Robert S. Weinroth, Vice Mayor Maria G. Marino Gregg K. Weiss Maria Sachs Melissa McKinlay Mack Bernard BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION I F B #21-044/M B County Administrator Verdenia C. Baker Purchasing Department www.Pbcqov.orq/Purchasinq SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT BID SUBMISSION DATE: May 27, 2021 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at https://Pbcvssp.co.palm-beach.fl.us/webapp/vssp/AitSelfService. If bidder intends to use subcontractors, bidder must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until the County has verified that the contractor and all of its subcontractors are registered in VSS. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 Page 364 of 574 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB #21-044/MB IFB TITLE: SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT PURCHASING DEPARTMENT CONTACT: Marva Brown, Senior Buyer TELEPHONE NO.: (561) 616-6815 FAX NO.: (561) 242-6715 E-MAIL ADDRESS: mbrown (@pbcgov.orq All bid responses must be received on or before May 27, 2021, prior to 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. W This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and / or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS WW GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published bid submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County. The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners ("Board") for subsequent fiscal years. 2. LEGAL REQUIREMENTS a. COMPLIANCE WITH LAWS AND CODES: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be borne by the bidder. Any toxic substance provided to the County as a result of this solicitation or resultant contract shall be accompanied by its Safety Data Sheet (SDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. b. COMMERCIAL NON-DISCRIMINATION: Item 1: Bidder's Representations and Agreement. The Bidder represents and warrants that it will comply with the County's Commercial Nondiscrimination Policy as described in Resolution 2017-1770 as amended. As part of such compliance, the Bidder shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Bidder retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County's relevant marketplace in Palm Beach County. The Bidder understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the Bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. Item 2: Bidder's Agreement to Apply to Subcontracts The bidder covenants and agrees to include the commercial non-discrimination clause in all subcontractor agreements. c. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R-2017-1770, as may be amended, the successful bidder warrants and represents that throughout the term of the contract, including any renewals thereof, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered a default of contract. Page 365 of 574 INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under the Contract, an Independent Contractor and not an employee, agent, or servant of the County. All persons engaged in any of the work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the successful bidder's sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder's relationship, and the relationship of its employees, to the County shall be that of an Independent Contractor and not as employees or agents of the County. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Palm Beach County Code Section 2-371 through 2- 377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), the .County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Investigations CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The bidder is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE / FBI fees that shall be paid by the County. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." NON -COLLUSION: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), and / or debarment or suspension from doing business with Palm Beach County. LOBBYING: Bidders are advised that the "Palm Beach County Lobbyist Registration Ordinance" prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a "Cone of Silence". Page 3 The "Cone of Silence" is in effect from the date / time of the deadline for submission of the bid, and terminates at the time that the Board or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process. Bidders may, however, contact any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail. Violations of the "Cone of Silence" are punishable by a fine of $250.00 per violation. CONFLICT OF INTEREST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee:of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches. j. SUCCESSORS AND ASSIGNS: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and / or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and / or resultant contract. PUBLIC RECORDS ACCESS AND AUDITS: The bidder agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the bidder's services or authorized by the County as a reimbursable expense, whether generated directly by the bidder, or by or in conjunction or consultation with any other party whether or not a party to the Contract, whether or not in privity of contract with the County or the bidder, and wherever located shall be the property of the County. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The County shall have the right to request and review bidder's books and records to verify bidder's compliance with the Contract, adherence to the Equal Business Opportunity ("EBO") Program and its bid. The County shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The bidder shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least five (5) years after completion or termination of the Contract. Bidder shall retain all books and records pertaining to this Contract, including, but not limited to, subcontractor payment records, for five (5) years after project completion date. The County and the Palm Beach County Inspector General shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, in Palm Beach County at any reasonable time during the'five (5) years. . Page 366 of 574 Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Bidder: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Bidder is specifically required to: 1. Keep and maintain public records required by the County to perform services provided under the Contract. 2. Upon request from the County's Custodian of Public Records ("County's Custodian") or County's representative/liaison, on behalf of the County's Custodian, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. The Bidder further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW -F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. 3. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the Bidder does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County. 4. Upon completion of the Contract, the Bidder shall transfer, at no cost to the County, all public records in possession of the Bidder unless notified by County's representative/liaison, on behalf of the County's Custodian, to keep and maintain public records required by the County to perform the service. If the Bidder transfers all public records to the County upon completion of the Contract, the Bidder shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the Contract, the Bidder shall meet all applicable requirements for retaining public records. All records stored electronically by the Bidder must be provided to the County, upon request of the County's Custodian or the County's representative/liaison, on behalf of the County's Custodian, in a format that is compatible with the information technology systems of County, at no cost to County. Bidder acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein. Failure of the Bidder to comply with the requirements of this Section, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of the Contract. County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Page 4 RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST(?i-)PBCGOV. ORG OR BY TELEPHONE AT 561- 355-6680. m. INCORPORATION PRECEDENCE JURISDICTION GOVERNING LAW: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resultant contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. n. LEGAL EXPENSES: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the contract, or from any other matter generated by or relating to the contract. o. NO THIRD PARTY BENEFICIARIES: No provision of the Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to the Contract, including but not limited to any citizen or employees of the County and / or successful bidder. p. SCRUTINIZED COMPANIES 1. SCRUTINIZED COMPANIES: As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. Pursuant to F.S. 287.135(3)(b), if Bidder is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel, the resulting Contract from this Invitation for Bid may be terminated at the option of the County. 2. SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Bidder certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473, or is engaged in business operations in Cuba or Syria. If the County determines, using credible information available to the public, that a false certification has been submitted by Bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. Page 367 of 574 SUBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead / quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling. CERTIFICATIONS LICENSES AND PERMITS: Unless otherwise directed in sub -paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. c. S/M/WBE - EBO REQUIREMENTS Please note that all forms related to the EBO Program, including waiver forms and good faith effort documentation can be found at: http://discover.pbcqov.org/oebo/Pages/Documents.aspx Item 1 — Policy It is the policy of the Board that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County's procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County's requirements for the EBO Program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. Item 2—Waiver of Affirmative Procurement Initiatives (APIs) Requirements In accordance with the EBO Ordinance, the Affirmative Procurement Initiatives (APIs) have been waived for this solicitation. However, if any Bidder intends to utilize any subcontractors/subconsultants as part of their response to this solicitation, the applicable OEBO Schedules must be submitted with their response for compliance tracking purposes. Item 3 — Bid Submission Documentation S/MNVBE bidders, bidding as prime contractors or consultants, are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by all subcontractor or subconsultant, including S/M/WBE subcontractors and subconsultants. Failure to include this information on Schedule 1 will result in the participation by the S/MAYBE prime bidders own workforce NOT being counted towards meeting the - S/MAYBE goal. This requirement applies even if the S/MNVBE Page 5 bidder intends to perform 100% of the work with their own workforce S/M/WBE subcontractor/subconsultant documentation. If applicable, shall be submitted as follows: Schedule 1 - List of Proposed Subcontractors/ Subconsultants A completed Schedule 1 submitted by the prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the contract, if awarded. The total proposed percentage of S/MNVBE participation shall also be included on this form. This schedule shall also be used if an S/M/WBE Prime Contractor/consultant is performing all or any portion of this contract with their work force. Schedule 2 - Letter of Intent A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. Each Schedule 2 shall be properly executed by the Prime Contractor/consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/consultant is an S/M/WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/MAVBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 2. The Prime may count toward its S/MNVBE goal second and third tiered certified S/MNVBE(s); provided that the Prime Contractor/consultant submits a completed Schedule 2 form for each S/MNVBE. A detailed quote or proposal may be attached with a signed Schedule 2. Failure to submit a properly executed Schedule 1 and Schedule 2 will result in no S/MNVBE consideration given. In the event of a conflict between Schedules 1 and 2 when calculating S/M/WBE participation, the information provided on Schedule 2 shall have precedence. In the event of mathematical error(s), the unit price, if available, shall prevail and the vendor's total offer shall be corrected accordingly. If the County's issuance of an alternate or change order on a project results in changes in the scope of work to be performed by a subcontractor/subconsultant listed at the time of bid submission, the Prime must submit a, completed and properly executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsultant, along with the price and /or percentage. Item 4 — S/M/WBE Certification Only those firms certified by Palm Beach County at the time of bid submission shall be counted toward the established S/MAYBE goals. Upon receipt of a completed application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN S/M/WBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed S/MNVBE; therefore, it is recommended that bidders visit the online Vendor Directory at www.pbcgov.org/oebo to verify S/MNVBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/MNVBE during the time their certification dates are valid. Item 5 — Responsibilities After Contract Award Schedule 3 — Subcontractor Activitv Form The Prime Contractor shall submit a completed Activity Report form (Schedule 3) with each invoice, or payment application when any subcontractor/subconsultant has provided services Page 368 of 574 during the period in which the Prime is requesting payment. This form shall contain the names of all subcontractors/subconsultants, and specify the contracted dollar amount, approved change orders; revised contract amount; amount drawn this period; amount drawn to date; and payments to date issued to all subcontractors with their starting date. Schedule 4 — Payment Certification Form A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/consultant. The Prime Contractor/consultant shall submit this form with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/consultant on the previous payment application for services provided by a subcontractor/subconsultant. If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/consultant is a certified S/MNVBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/consultant for services performed by its own workforce. All bidders hereby agree and assure that they will meet the S/M/WBE participation percentages submitted in their respective bids with the subcontractors/subconsultants contained on Schedules 1 and 2 and at the dollar values specified. Respondents or bidders agree to provide any additional information requested by the County to substantiate participation. Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Bidder is required to input all subcontractor/subconsultant payment information directly into the EBO payment portal prior to submitting a payment application. Item 6—S/M/WBE Substitutions After contract award, the Prime Contractor/consultant will only be permitted to substitute a certified S/MNVBE that is unwilling or unable to perform. The Prime Contractor/consultant will only be permitted to modify the scope of work or price of an S/MNVBE listed at bid opening or date/time for submission of the response to the solicitation as a result of the County's issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/MNVBEs in order to maintain the participation percentages submitted with the bid or proposal. All requests for modifications or substitutions shall be submitted to the County and the Office of EBO on the EBO Request for S/MNVBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, the Prime Contractor/consultant shall submit a completed and signed Schedule 2 for the new S/MNVBE; the new S/MNUBE shall specify the type of work to be performed, and the dollar amount and/or percentage shall also be specified upon receiving approval for modification or substitution. The Prime Contractor/consultant shall submit a new properly executed Schedule 2 that specifies the revised scope of work to be performed by the S/MNVBE, along with the revised dollar amount and/or percentage. A detailed quote or proposal may be attached with a properly executed Schedule 2. Item 7 — EBO Program Compliance - Penalties Under the EBO Ordinance, the OEBO is required to implement and monitor S/MNVBE utilization during the term of any contract resulting from this solicitation. It is the County's policy that S/MNVBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All Bidders are required to comply with the EBO Ordinance and shall be expected to comply with the API(s) applicable to this solicitation, as well as the S/MNVBE utilization proposed by a Bidder in its Bid, which utilization plan forms a part of any resulting Contract. Page 6 The Director of the OEBO or designee may require such reports, information, and documentation from the BidderNendor as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Vendor shall correct all noncompliance issues within fifteen (15) calendar days of a written notice of noncompliance by the department procuring the goods or services or the OEBO. If the Bidder does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance„ then upon recommendation of sanctions by the Director of EBO or designee in consultation with the County regarding the failure of a contractor, vendor, respondent or bidder or other business representative to comply with any portion of the EBO Ordinance, the Director of the EBO or designee (for purposes of imposing penalties, the Purchasing Director shall serve as the EBO designee) may impose any or all of the following penalties on the non -complying party any or all of the following penalties: a. Suspension of contract; b. Withholding of funds; c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance; d. Suspension or Debarment of a respondent or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and e. Liquidated damages equal to the difference in dollar value of S/MNVBE participation as committed to in the contract, and the dollar value of S/MNVBE participation as actually achieved, if applicable. d. LOCAL PREFERENCE ORDINANCE: In accordance with the Palm Beach County Local Preference Ordinance, a preference may be given to (1) bidders having a permanent place of business in Palm Beach County or (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades. 1. Glades Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible bidder is a non -Glades business, all bids received from responsive, responsible Glades businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining local preference. 2. Local Preference: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to bidders having a permanent place of business in Palm Beach County. If the lowest responsive, responsible bidder is a non -local business; all bids received from responsive, responsible local businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining local preference. 3. To receive a Glades Local Preference or a Local Preference (collectively referred to as "local preference"), a bidder must have a permanent place of business in existencerp for to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of business means that the bidder's headquarters is located in Palm Beach County or in the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased. 4. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the bidder is exempt from the business tax receipt requirement by law, and will be used to verify that the bidder had a permanent place of business prior to the issuance of this Notice of Solicitation / Invitation for Bid. In addition, the attached "Certification of Business Location" and Business Tax Receipt must accompany the bid at the time of bid submission. The Palm Beach County Business Tax Page 369 of 574 Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder / proposer to not receive a local preference. e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form "Drug -Free Workplace Certification" should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. f. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non-responsive. g. PRICING: 1. Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected. 2. The price offered must be in accordance with the unit of measure provided on the bid response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your bid. 3. All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. 4. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid submission to allow for evaluation and award. 5. Bidder warrants by virtue of bidding that prices shall remain firm for the initial and any subsequent term. 6. In the event of mathematical error(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED BY THE BIDDER PRIOR TO BID SUBMISSION; HOWEVER, IF THE CORRECTION IS NOT PROPERLY INITIALED, BUT THE INTENT OR LEGIBILITY OF THE CORRECTION IS CLEAR, THE BID SHALL NOT BE REJECTED. 7. Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. h. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as "no bid". If some items are to be offered at no charge, bidders should mark those items as "no charge". Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated accordingly. ACCEPTANCE / REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non - substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline itemsare materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that Page 7 the offer would not result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, Palm Beach County shall be given "first priority" for all goods and services under the contract. Bidder agrees to provide all goods and services to Palm Beach County immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. Bidder shall furnish a 24-hour phone number to the County. Failure to provide the goods or services to the County on a first priority basis immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute breach of contract and subject the bidder to sanctions from doing further business with the County. m. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. Additionally, any time after award, the successful bidder may offer a reduced price which shall remain in effect for the duration of the contract. The successful bidder warrants that the price(s) shall not exceed the successful bidder's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the successful bidder offers more favorable pricing to one of its customer(s), the successful bidder shall extend to the County the same pricing or the then current market price, whichever is lower. n. BIDDER'S COMMERCIAL NON-DISCRIMINATION CERTIFICATION: In accordance with Palm Beach County Code Section 2-80.24, the undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the Bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County's Commercial Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial customer on the Page 370 of 574 basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information, or on the basis of any otherwise unlawful use of characteristics regarding the vendor's, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County's relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the bid submitted by the bidder for this Solicitation, and to terminate any contract awarded based on the response. At the time of bid submission, the bidder shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the bidder discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. Bidder shall indicate its agreement to the foregoing by signing the Bid Response Page. Bidder's failure to meet these requirements shall render its bid response non-responsive. 4. BID SUBMISSION TIME /AWARD OF BID OBSERVING THE PUBLISHED BID SUBMISSION TIME: The published bid submission time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid submission time. Any bid delivered after the precise published time of bid submission shall not be considered. Bid responses by telephone, electronics, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid submission time. b. POSTING OF AWARD RECOMMENDATION: Recommended awards shall be publicly posted for review, at the Purchasing Department and on the Purchasing Department website at www.pbcgov.org/purchasing prior to final approval, and shall remain posted for a period of five (5) business days. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings. PROTEST PROCEDURE: Protest procedures are provided in the Palm Beach County Purchasing Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705. Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file a protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. 5. CONTRACT ADMINISTRATION DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the successful bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply Page 8 with specifications. The Board may return, at the expense of the successful bidder and for full credit, any item(s) received which fail to meet the County's specifications or performance standards. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Exemption Number in securing such materials. Any sales tax paid by successful bidders to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the successful bidder. c. PAYMENT: In order for Palm Beach County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the successful bidder's bid; must be exactly the same as it appears on the invoice and in Palm Beach County's VSS system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/A]tSelfService. Successful bidders shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods/ services. Invoices submitted on carbon paper shall not be accepted. PALM BEACH COUNTY FINANCE DEPT. P.O. BOX 4036 WEST PALM BEACH, FL 33402-4036 Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the contract and / or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70. Note: Palm Beach County Vendors can now be paid by Credit Card via the County's voluntary Payment Manager Program. For vendors who don't have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller's Office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr(a.mypalmbeachclerk.com. CHANGES: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specified goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non- performance, or does not remedy such failure within a period of 10 days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates the contract in whole or in part because of default of the successful bidder, the County may procure goods and / or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. Page 371 of 574 If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience". TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and / or subcontracts related to the terminated work. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 — 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods / services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. E -VERIFY — EMPLOYMENT ELIGIBILITY: Bidder warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended, and that it: (1) is registered with the E -Verify System (E-Verify.gov), and beginning January 1, 2021, uses the E -Verify System to electronically verify the employment eligibility of all newly hired workers; and (2) has verified that all of bidder's subconsultants performing the duties and obligations of this contract are registered with the EVerify System, and beginning January 1, 2021, use the E -Verify System to electronically verify the employment eligibility of all newly hired workers. Bidder shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in section 448.095(1)(k), Florida Statutes, as may be amended. Bidder shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this contract which requires a longer retention period. County shall terminate this contract if it has a good faith belief that bidder has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If County has a good faith belief that bidder's subconsultant has knowingly violated section 448.09(1), Florida Statutes, as maybe amended, County shall notify bidder to terminate Page 9 its contract with the subconsultant and bidder shall immediately terminate its contract with the subconsultant. If County terminates this contract pursuant to the above, bidder shall be barred from being awarded a future contract by County for a period of one (1) year from the date on which this contract was terminated. In the event of such contract termination, bidder shall also be liable for any additional costs incurred by County as a result of the termination. THIS IS THE END OF "GENERAL CONDITIONS" Page 372 of 574 Page 10 SPECIAL CONDITIONS 9. GENERAL / SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 10. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two (2) working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. a. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 11. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings, which have been designated as either "critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the recommended awardee(s) and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Contractor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge, the Contractor must notify the County within two (2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated contractor employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. 12. AWARD (ALL -OR -NONE) Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all -or -none, total offer basis, subject to the S/M/WBE provisions and Local Preference provisions specified herein, as applicable. 13. METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an as needed basis. Page 373 of 574 Page 11 14. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 15. DELIVERY Delivery shall be required within five 5 calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 16. SAMPLES (UPON REQUEST Bidders shall provide, without cost to the County, samples of requested items. Samples may be used in addition to documentation provided by a bidder to show compliance to technical specifications. Upon request, the County will return undestroyed samples to the unsuccessful bidders, at the bidder's expense. Each individual sample must be labeled with bidder's name, manufacturer's brand name and number, bid number and IFB item reference. Requests for return of samples must be received with the sample and shall include return instructions with shipping authorization and name of carrier. If these instructions are not received, the commodities shall be disposed of by Palm Beach County at its discretion. 17. AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 18. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page. 19. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional four month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. 20. ADDITION/ DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations (including locations within the Glades) during the term of the contract at its sole discretion at no additional cost to the County. 21. INFORMATION AND DESCRIPTIVE LITERATURE (MUST DE SUBMITTED ViflTI.1 RESPONSE) Bidder shall enter the product name and number on the bid response page. If a bidder does not fill in the product name and number offered for any item, or enters any wording other than the product name and number, the item shall be rejected. Additionally, the bidder shall submit with their bid response, cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the Bid Response page and sufficient detail to verify compliance to bid specifications. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the bid. Reference to literature submitted with a previous bid shall not satisfy this provision. The County reserves the sole right to determine acceptance of offered item(s). Note: At the sole discretion of Palm Beach County, samples may be requested, after bid submittal, to complete and/or verify compliance to bid specifications. Page 374 of 574 Page 12 22. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415, unless otherwise directed by the County. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to Palm Beach County Purchasing Department, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non -owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non -Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non -renewal of coverage. The Certificate Holder shall read: Palm Beach County Board of County Commissioners c/o Purchasing Department 50 South Military Trail, Suite 110 West Palm Beach, FL 33415 It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis Page 375 of 574 Page 13 SPECIFICATIONS IFB #21-044/MB SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Sulfuric Acid 93% solution in bulk deliveries to Palm Beach County. COUNTY'S RESPONSIBILITIES The County shall: (1) Order on an as needed basis. (2) Provide access to location(s) where the products will be delivered. SUCCESSFUL BIDDER'S RESPONSIBILITIES The successful bidder shall: (1) Adhere to all terms, conditions, specifications and requirements of this solicitation. (2) Bear warning labels on all shipments, as specified by USDOT regulations. (3) Follow proper handling and delivery procedures that comply with the Department of Environmental Resources Management (ERM) requirements. (4) Be equipped with a 2" Cam -Lock Quick Connect Hose (minimum 30' long) for product dispensing (unload). (5) Deliver product in thoroughly cleaned tank trucks. (6) Deliver product in bulk as follows: Tanker load is 4,000 gallons. TECHNICAL REQUIREMENTS (1) Trade name: (2) Chemical formula: (3) Composition: (4) Specific gravity: (5) Molecular weight: (6) Appearance: (7) Solubility in water: (8) Boiling temperature: Sulfuric Acid, concentrated H2SO4 95% by weight, maximum @ 20C - 1.8 98 Clear, colorless, oily, liquid Complete 535-586F INFORMATION AND DESCRIPTIVE LITERATURE (MUSS" BE SUBPJllTTED W' TH RESPONSE) Bidder shall enter the product name and number on the bid response page. If a bidder does not fill in the product name and number offered for any item, or enters any wording other than the product name and number, the item shall be rejected. Additionally, the bidder shall submit with their bid response, cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the Bid Response page and sufficient detail to verify compliance to bid specifications. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the bid. Reference to literature submitted with a previous bid shall not satisfy this provision. The County reserves the sole right to determine acceptance of offered item(s). Note: At the sole discretion of Palm Beach County, samples may be requested, after bid submittal, to complete and/or verify compliance to bid specifications. Page 376 of 574 Page 14 CURRENT DELIVERY LOCATIONS ARE LOCATED WITHIN A WELLFIELD ZONE (1) Water Treatment Plant - System #3 13026 Jog Road Delray Beach, FL 33484 Dennis Ford (561) 638-5080 (2) Water Treatment Plant — System #9 22438 S.W. Th Street Boca Raton, FL 33433 Tom Blumberg (561) 381-5351 (3) Water Treatment Plant — System #11 — Lake Region 39700 Hooker Highway Belle Glade, FL 33430 Mike Turberville (561) 493-6175 COUNTY ACCEPTANCE Delivered items shall not be considered "accepted" until an authorized agent for the County has, by inspection or test of such items, determined that they appear to fully comply with specifications. All packages, boxes, cartons/cases and items contained therein, shall be free of contaminants and damage of any kind. The Board of County Commissioners may return, at the expense of the successful bidder and for full refund, any items received which fail to meet the County's specifications or performance standards. 91VALLTIV4,41 t1 Payment will be based on the unit price offered on the response page. Payment shall be rendered ONLY upon the County's satisfaction and acceptance of products delivered. Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully and completely provide the item(s) as specified above. No additional compensation shall be offered or paid. Page 377 of 574 Page 15 BID RESPONSE IFB #21-044/MB SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT ITEM DESCRIPTION ESTIMATED 12 MONTHS UNIT UNIT TOTAL NO. Commercial Non -Discrimination Certification: QUANTITY true and correct to the best of the bidder's knowledge; and (ii) there are no legal/administrative proceedings required to be PRICE OFFER DATE: SULFURIC ACID 93% SOLUTION, BULK DELIVERY, AS May 24, 2021 r * PRINT NAME: Brent Shonka SIGNATURE: SPECIFIED HEREIN PRINT TITLE: General Manager ADDRESS: 3710 Corporex Park Drive, Suite 205 CITY / STATE: Tampa, Florida ZIP CODE: 33619 TELEPHONE #(813)225-2000 EMERGENCY # MFR/BRAND OFFERED: (813)225-2000 FAX # (913) 225-1001 E-MAIL: satco@satcoinc.net NSF Certified / 93% Sulfuric Acid TYPE: Hillsborough County Business License FEDERAL ID # 59-3424337 1 1,200,000 GAL $ 1.91 $ 2,292,000.00 (MUST BE FILLED IN) MFR/BRAND PART/MODEL # OFFERED: UN1830 (MUST BE FILLED IN) (PRODUCT NAME AND NUMBER OFFERED MUST MATCH THE DESCRIPTIVE LITERATURE PROVIDED BY VENDOR rw un¢ prices bid snows be within two (z) decimal points. It vendor's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down ac gly. Acknowledge Qualification of Bidders information is included, per Term # 10 ?I,N Acknowledge Criminal History Records Check requirement, per Term # 11 ? /INITIAL Acknowledge Information and Descriptive Literature is attached and that the manufacturer/brand and part /model number offered matches the descriptive literature provided by vendor, per Term # 21 ?16, ffYYE�S� / NITIAL Acknowledge Insurance requirements, per Term # 22 ? INITIAL' * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7., if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non -Discrimination Certification: By signing below, bidder hereby certifies, per General Term and Condition #3n. that: (i) the information set forth therein is true and correct to the best of the bidder's knowledge; and (ii) there are no legal/administrative proceedings required to be disclosed, except as disclosed in bidder's response. FIRM NAME: (Enter the entire I name of the bidding entity) DATE: Sulphuric Acid Trading Coqfpany nc. May 24, 2021 r * PRINT NAME: Brent Shonka SIGNATURE: PRINT TITLE: General Manager ADDRESS: 3710 Corporex Park Drive, Suite 205 CITY / STATE: Tampa, Florida ZIP CODE: 33619 TELEPHONE #(813)225-2000 EMERGENCY # TOLL FREE 800)633-1358 (813)225-2000 FAX # (913) 225-1001 E-MAIL: satco@satcoinc.net APPLICABLE LICENSE(S) NUMBER 13735 TYPE: Hillsborough County Business License FEDERAL ID # 59-3424337 Page 378 of 574 Page 16 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #21-044/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: Collier County ADDRESS: ADDRESS: 8005 Vanderbilt Beach Road, Naples FL 34120 CONTACT NAME: Howard Brogeon This contact must be informed that they are listed as a reference, and the County may be calling them. CONTACT INFORMATION: Phone: 239-252-5252 Cell: Fax: E -Mail: HowardBrogeon@colliergov.net SCOPE OF WORK: Water treatment plant that utilizes 93% sulfuric acid. CONTRACT DATES: Have been a customer of SATCO for 23+ years REFERENCE NAME: Tampa Bay Water C/O Veolia Surface WTP ADDRESS: 2301 Regional Water Lane, Tampa FL 33619 CONTACT NAME: Ken Beyea This contact must be informed that they are listed as a reference, and the County may be calling them. CONTACT INFORMATION: Phone: (813) 477-6696 Cell: Fax: E -Mail: Kenneth.Beyea@veolia.com SCOPE OF WORK: Water treatment plant that utilizes 93% sulfuric acid CONTRACT DATES: Have been a customer of SATCO for 18+ years REFERENCE NAME: Seacoast Utility Authority ADDRESS: 4170 Hood Road, Palm Beach Gardens FL 33410 CONTACT NAME: Bob Takahashi This contact must be informed that they are listed as a reference, and the County may be calling them. CONTACT INFORMATION: Phone: (561) 223-5455 Cell: Fax: E -Mail: BTakahashi@sua.corn SCOPE OF WORK: Water treatment plant that utilizes 93% sulfuric acid CONTRACT DATES: Have been a customer of SATCO for 9+ years FIRM NAME: Sulphuric Acid Trading Company, Inc. Page 379 of 574 N/A Page 17 CERTIFICATION OF BUSINESS LOCATION IFB #21-044/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid/quote. due date. Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by (Name of Individual) of (Title/Position) (Firm Name of Bidder) as who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 380 of 574 Page 18 DRUG-FREE WORKPLACE CERTIFICATION IFB #21-044/MB IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids/quotes are received from vendors who have not submitted with their bids/quotes a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug -Free Workplace Certification form must be executed and returned with the attached bid/quote, and received on or before the published bid/quote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two (2) or more bids/quotes which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (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, 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. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by Brent Shonka the (Individual's Name) General Manager of Sulphuric Acid Trading Company, Inc. (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has impleme requirements of Section 287.087, Florida Statutes, which are i0ei ignature Revised - 11/10/16 a drug-free workplace program which meets the J in numbers (1) through (6) above. May 24, 2021 Date Page 381 of 574 s J � c W = C Z N c e 0 h CO � W c 0 W A W 0 LL' (� W W = CL 0 CL tnN s F- F -z z 0- u Z' a` a co a t0 °J a o r o z Page 382 of 574 ' N Z O � i m - LA a I: ¢fib 0 Y m w O w 3 ou w z i W I. a o cc \ � {I C) O Z 0 L,P COU =) Q tn H 0 Z J u W o: w Z Q Q 0 0 = W W m i o m m �w Y m c u a a w E .O CO O in CL _ ❑ mW 4 m O 13CL _C Y u W C CO a r w u o W V aui z �m E o f, 00 0 z U C t ^i ui ca c li 00 � a Y � U. E Z { r N M 4 00 W L LL O F - w iZ � U F4— W LU L) W ui z cc Q D 00ff W W a Lm Q = Q 0� zz �g 0 LLJ ca �0 0 Z \ in U W LL Z J W J =I QCC cc W Z z W o. a F - w CLW -- g O 'n p z O a a O HO F- 0 Ouj J cW G z J 0 vi 0 Z 0 u O H W W CL CL u Z' a` a co a t0 °J a o r o z Page 382 of 574 a CL O � i m - a I: Y m w O 3 ou w z i W I. a o � {I a o: u Q m 0 C } m I� i i ( ..-. COI f0 c � vi E •- u ❑ ❑ F� o m m Y m c u a a w E .O CO O in CL _ ❑ L�C 4 m O _C Y u a r w u o z E o f, z C t ^i c li a E Z { r N M 4 LL'7 u Z' a` a co a t0 °J a o r o z Page 382 of 574 N/A Page 20 OEBO LETTER OF INTENT— SCHEDULE 2 A com feted SchedWe 2 is a bindin document between the Prime Contractor consultant avid a Subcontractor urogs tans for any tier) and should be treated as such, The Schedule 2 sh0 contain bolded language indicating that by signing the Schedule 2, both parties recognize thls Schedule as a binding document, All Subcontractors/Subconsultants, including any tiered Subcontractors/subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: SOLICITATION/PROJECT NAME: Name of Prime: (Check box(es) that apply) ❑ SBE ❑ WBE ❑ MBE ❑ M/WBE ❑ Non-S/M/WBE Date of Palm Beach County Certification (if applicable): The undersigned affirms they are the following (select one from each column if applicable): Column 1 Column 2 Column 3 ❑ Male ❑ Female ❑African-American/Black ❑Asian American ❑Caucasian American ❑ Supplier []Hispanic American ❑Native American S/M/WBE PARTICIPATION — S/M/WBE Primes must document all work to be performed by their own work force on this form. Failure to submit a properly executed Schedule 2 for any S M WBE participation may result in that participation not being counted. Specify in detail, the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. Line Item Description Item Unit Price Quantity/ Contingencies/ Units Allowances Total Price/Percentage The undersigned Subcontractor/subconsultant is prepared to self -perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: [a.tod If he undersigned intends to subcontract any portion of this work to another Subcontractor/subconsultant, please list the business name the amount below accompanied by a separate properly executed Schedule 2. Price or Percentage: Name of 2nd/3rd tier Subcontractor/subconsultant ,�,� mu mulmmmmuonmmlw im'wwmuimm'uu�unn�mwmuwmu�wmmmnimimm'm�wo�m mmuwmmwi mmmumnnnumimiwomumum�m�mmnmm�mmowmliommll m�omum�mmum Print Name of Prime Print Name of Subcontractor/subconsultant By: By: Authorized Signature Authorized Signature Print Name Print Name Title Title Date: Date: 09/17/28/2019 Page 383 of 574 N O C) (10 CL M W J W Z V N O CO W O F— U W O _z 0 z w F - z O O H H F- V Q O U z O U m Z) U) w Q z F- U w O of CL LU Q z O F- U z O U w W O U) w a U) F- U w O w CL 3.0 pa ate) p U L A �n N Q1 U w+ d y '0 N L O !E6 O N C fn C t CL CD ++ UM.0 CW C O r O Ln L U CO ` y f/. U CO Ki O i N ,y CL O i L O U OV9�O += U� U C O " d C O u 0 L O O O C`Uu .N d. U_ tm N L (4 Z 0 M p U Q = �taLco �CL c E p m o t ami m aa) N in N Ip a+ O p RS .0 U }, S] N w m C 0 CD 'd Lp N +- o 0a)cy— � � a O � O C QL U O LO 'a U O C iC '6O 3 d y p L O m CL .Q L r- CL E a) Cf) > cn 0+' 'r, o 0m m= y--0 U)Q1 cU6 C p O L m O(n a- C C E,cvo0E CLc N W C O U E�c a f6 m UiU 0 m CDN �cn Q. O uEU CL o 4Z M U a Gam) d a R Q'L r, y N C U O N O ami � N cnL U L m m 0 0 0 0 0 r)UEUoa; m C a � CL -a0w0Up m u a u 0 L .0 .C) o CL U m L CL CO cn M cn CL m 9 m 0 cli 00 rNN 0 v w O z Page 384 of 574 N_ L_ OU N C N •CL _V U CL � U � c U o 7 t U 'C _ O N a) m U Y ) O Co U L N � O O 0) ._ U m `oE 7 v m «U. �o � m QV - U) ;o `o _ o d � c m c 0 O 0 � U E.2 a) cpf6 0 O QE ° Z t0n O F - Q D w o Q' O m ro Q.8�a w z_ iD -0 6 -' Z N `` O LUQ Z> O CD 2c m QUO D U C _ m @ 0 I�oE Ua o w E 0 z� U 9 m 0 cli 00 rNN 0 v w O z Page 384 of 574 N/A Page 22 OEBO SCHEDULE 4 — SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/subconsultant after receipt of payment from the Prime. The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/subconsultant. All named Subcontractors/subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that (Subcontractor/subconsultant Name) (Monthly) or (Final) payment of $ from On J / for my MM DD YYYY On (Project Name) Month eived a (Prime Contractor Name) Invoice for labor and/or materials supplied DEPT.: TASK ORDER/WORK ORDER/DELIVERY ORDER/PURCHASE ORDER/ NO.: PRIME CONTRACTOR/CONSULTANT VENDOR CODE: SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: (Project No.) If the undersigned intends to distribute any portion of this payment to another Subcontractor/subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. Price or Percentage: Name of 2nd/3,d tier Subcontractor/subconsultant By: (Signature of Subcontractor/subconsultant) (Name & Title of Person executing on behalf of Subcontractor/subconsultant) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (year), by (name of person acknowledging). Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Revised 12/31/2019 Page 385 of 574 Form W NCR AMENDMENT#1 ORI Dated: May 24, 2021 PALM BEACH COUNTY PURCHASING DEPARTMENT 50 SOUTH MILITARY TRAIL, SUITE 110 WEST PALM BEACH, FLORIDA 33415-3199 IFB #: 21-0441MB TITLE: SULFURIC ACID 93% SOLUTION, BULK DELIVERY, PURCHASE OF, TERM CONTRACT SUBMISSION DATE: MAY 27, 2021 REFERENCE SPECIAL CONDITIONS, PAGE 11, TERM #19, RENEWAL OPTION, change to read: 19. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four (4) additional twelve (12) month period(s). The option for renewal shall only be exercised upon Mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be Subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. NOTE: This amendment shall be signed and returned response shall result in rejection of your bid. Sulphuric Acid Trading Company, Inc. �COMP NAME U MARVA BROWN SENIOR BUYER ur response. Failure to return with May 24, 2021 SIGNATURE / DATE KRIS EN A. MONNETT PURCHASING MANAGER Page 386 of 574 ACTION OF THE DIRECTORS OF SULPHURIC ACID TRADING COMPANY, INC. BY UNANIMOUS WRITTEN CONSENT IN LIEU OF ANNUAL MEETING The undersigned, constituting all the directors of Sulphuric Acid Trading Company, Inc., a Florida corporation (the "Company"), do hereby unanimously agree, declare, and consent in writing, without a meeting and in lieu of the annual meeting thereof, pursuant to and in accordance with Sections 607.0820 and 607.0821 of the Florida B siness Corporation Act, to the adoption of, and do hereby adopt, as. of the % 2day of 61Z-42�d _, 2020, the following resolutions and the actions specified therein: DELEGATION OF AUTHORITY TO GENERAL MANAGER RESOLVED, that, effective % _(1 2020, Brent Shon.ka, General Manager, is hereby authorized and directed to make any and all contracts, agreements, and orders which lie may deem necessary, appropriate, or advisable from time to time in the ordinary course of conducting the business of the Company in his capacity as General Manager, subject to any existing limitations or restrictions requiring approval of another officer of the Company or the Board of Directors. These Resolutions will be effective on the latest date executed by all the directors of the Company set forth below: EXECUTED: EXECUTED: L Takuya Tsujigaki, Director 12/23/2020 Takashi' ,aka Di c re for 2--c) 2-'O Page 1 of 1 Page 387 of 574 5/11/2021 Detail by Entity Name Mail by EntityName Florida Profit Corporation SULPHURIC ACID TRADING COMPANY, INC Ein)2f.1 tntermatio Document Number P97000008780 FEI/EIN Number 59-3424337 Date Filed 01/29/1997 Effective Date 01/22/1997 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/14/2010 Event Effective Date NONE prinrip i Address 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Changed: 12/14/2010 t aLLffinjg.AddreE--, 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Changed: 12/14/2010 F',�;�u�.tc�•�:�1 �c�errst t`�scrn+� & ti4r.$�1rat��; CF REGISTERED AGENT, INC 100 S. ASHLEY DRIVE SUITE 400 TAMPA, FL 33602 Name Changed: 03/30/2016 Address Changed: 03/30/2016 O icarlDirectnr Detail Name & Address Title President, Secretary SHONKA, BRENT ,,f search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SULNHDD t49:9\a .8 p574 5/11/2021 Detail by Entity Name 3710 CORPOREX PARK DRIVE SUITE 205 TAMPA, FL 33619 Title Director TANAKA, TAKASHI 3710 CORPOREX PARK DRIVE SUITE 205 TAMPA, FL 33619 Title Director Tsujigaki, Takup 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Title Treasurer Clark, Christopher 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 ^%'f,Y-Iai p—a P -2L55 Report Year Filed Date 2019 01/28/2019 2020 03/13/2020 2021 02/05/2021 Dg oc mg)nt !rsa.lgps gf 574 1r, r1 I ,IL 1 ._ ._ ; 1 � a � oa Im ,..m 'i7 m ;t - search.sunbiz.org/Inquiry/CorporationSearch/SearchP,esu]tDetail?inquirytype=EntityName&direction gf 574 search.sunbiz.org/Inquiry/Corpo ration Search/Search Res uItDetall?inquirytype=EntityName&directionType=Initial&searchNameOrder=SULPIPJAg P 9039 574 Ir ,l Page 391 of 574 0 0 0 z 0 00 M J � >d> Ln 7 C)W N N N rnLL Z u M W n Z N U � � J 04 J O N y O M p 0h 0 O O LU W m m = O M O O O W W V o n~ (o NN O N U (i1 D N WZ J W d i x O U o a. X X -?W W ~ n W IO a: m QLU W W Q] W = O �F ui Qm x F- f- w W Q Z CL CO J e 0 Q LO W m LU It C) N 0 W F- Q O K Z C) a Z S w cl Y _ x > 0 w W O J CO W (4 X Lp w a M W Cl) M M c`Do O] J 0 U)~ o a cn O d J LL Ll. xV Oma W UOQ w<o 0 < O (D Q r Q W M N [) O U) V F- (n m I- a LL -MM 00 O 5 U)Cl)a a N UO W CD l4OD 'm z Z UJ w o ULLJ cr N< m Z d rh �z 2- ,l Page 391 of 574 fOFFICIAL LISTING NSF certifies that the products appearing on this Listing conform to the requirements of i?SF/Pi,TSI/CzdNT 60 - Drinking Water Treatment Chemicals - Health Effects This is the Official Listing recorded on January 24, 2020. Acid Trading Company, inc. (SATC0,1,i 3713 Cornzcrax iL'ax'F 1'+r].ve Suits 22,,5 FL 33E�jq 8Q0-633-135& tR13-22S-20;a„D Chemical/ 'P_a:.,e D2s_e= at-ic ,a„c.c_n-, .r a -x Use SiciE Sulfuric Acid Corrosion 6; Scale Control 50 mg/L pH Adjustment Sulphuric Acid Corrosion a Scale Control 50 mg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.. faCility: T7. CI"azaica =/ .._c...e Do-sianaticn _.nction Ma, -,c Use Si-: fu_iC Ac iC Sulfuric Acid Corrosion a Scale Control 50 mg/L pH Adjustment Sulphuric Acid Corrosion & Scale Control 50 mg/L pH Adjustment _ ac_i i''cv: Stockton, CA Chemical _rade D -S iC:nat'_or _ �. coon '^.!c1.0 Use Sulfuric AciC2 Sulfuric Acid Corrosion & Scale Control 50 mg/l, pH Adjustment Sulphuric Acid Corrosion & Scale Control 50 mg/L pH Adjustment Note: Additions shall not be made to this document without prior evaluation and acceptance by NSF. 1 of 1 OF460 " Page 392 of 574 MiMn Taxpayer Identification Number (TIN) w_9 Request for Taxpayer social security number Give Form to Form (Rev. October 2018) Identification Number and Certification the requester. Do not Department of the Treasurysend to the IRS. Internal Revenue Service 0 -Go to www.irs.gov/Form W9 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. Sulphuric Acid Trading Company, Inc. 2 Business name/disregarded entity name, if different from above Ce) 3 Check appropriate box for federal tax classification of the person whose name is entered online 1, Check only one of the P Y 4 Exemptions codes a only to P� ( apply Y m following seven boxes. certain entities, not individuals; see CIL C ❑ Individual/sole proprietor or ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate Instructions on page 3): U1 ai c single -member LLC Exempt payee code (if any) CL ,:�'g ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 101 o` 2 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 N c c LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is disregarded from code if any) ( IL u another not the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that w is disregarded from the owner should check the appropriate box for the tax classification of its owner. 0 ❑ Other (see instructions) ► (Applies (aaccounfsmainlainedoursidothe U.SJ 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) an 3710 Corporex Park Drive, Suite 205 6 City, state, and ZIP code Tampa, FL 33619 7 List account number(s) here (optional) MiMn Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number ( late). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m entities, It is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and j Employer identification number Number To Give the Requester for guidelines on whose number to enter. F_T_-j F—T-7—T-7 ©DO©0©0©©FI 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) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of - 1 Here U.S. person ► ,.� _� Date ► ?% 5r 7/ _ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/Form W9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Page 393 of 574 imuasumioiaiuicu S "h �T o�A 0 Sulphuric Acid Trading Oompanr7,inc. SAFETY DATA SHEET This SDS complies with REACH 1907/2006 and 2001/58/EC, GHS REVISION 5, OSHA 29CFR 1910.1200 Issue Date: April 29, 2015 Revision Date: April 29, 2015 Section 1: Chemical Product and Company Identification PRODUCT NAME: SULPHURIC ACID 93 — 99% FORMULA: H2SO4 PRODUCT USE: Manufacture of Fertilizers, Batteries, Industrial chemicals, Water treatment, Pulp & Paper, Mining CHEMICAL SUPPLIER COMPANY NAME Sulphuric Acid Trading Company, Inc. (SATCO) 3710 Corporex Park Drive, Suite 205 Tampa, Florida 33619 Information 800-633-1358 Fax: 813-225-1001 Safety Data Sheet Competent Person: Pete Earnest EMERGENCY TELEPHONE Chemtrec U.S.-Canada: 800-424-9300 Chemtrec International: 703-527-3887 SATCO Emergency: 800-633-1358 satco@satcoinc.net Section 2: Hazards Identification GHS Hazard Class Signal word: Hazard Statement: Q0130 Skin Corrosive Eye Corrosive Acute Toxicity Oral Corrosive to Metals Danger H314 H318 H301 H290 Original- 4/29/15 Category 1 Category 1 Category 5 Category 1 Causes severe skin burns and eye damage Causes serious eye damage May be harmful if swallowed May be corrosive to metals A.E.E. Page 394 of 574 w Sulphuric Acid, 93-99% Precautionary Prevention P260 Do not breathe dusts or mists. Statements: P280 Wear protective gloves/protective clothing/eye CANADA DSL protection/face protection. P264 Wash hands thoroughly after handling. P234 Keep only in original packaging. Response P301+P330+P331 IF SWALLOWED: Rinse mouth. Do NOT induce 7732-18-5 vomiting. P303+P361+P353 IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower. P363 Wash contaminated clothing before reuse. P304+P340 IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. P310 Immediately call a POISON CENTER or doctor/physician. P305+P351+P338 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do so. Continue rinsing. P312 Call a Poison Control center or doctor/physician if you feel unwell P390 Absorb spillage to prevent material damage Storage P405 Store locked up. P406 Store in corrosion resistant container with a resistant inner liner. Disposal P501 Dispose of contents/container by following the waste disposal requirements of your country, state, or local authorities. Hazards not otherwise classified (HNOC) or not covered by GHS: None HAZARD CLASSIFICATION: FIRE AND EXPLOSION: POTENTIAL HEALTH EFFECTS: APPEARANCE: Classified as hazardous based on IATA, IMDG, and DOT. Not considered flammable or combustible. <0 % of mixture consists of ingredients of unknown acute toxicity Clear, colorless to amber (light) Section 3: Composition, Information on Ingredients PRODUCT COMPOSITION APPROX % CAS NO. EINECS/ ELINCS CANADA DSL Sulphuric Acid >93 7664-93-9 231-639-5 Y Water <7 7732-18-5 231-791-2 Y Some items on this SDS may be designated as trade secrets (TS). Bonafide requests for disclosure of trade secret information to medical personnel must be made in accordance with the provisions contained in 29 CFR 1910.1200 I 1-13. Q0130 SDS Page 2 of 9 Original- 4.29.15 Product Sulphuric Acid A.E.E. Page 395 of 574 Sulphuric Acid, 93-99% Section 4: First Aid Measures Description of First Aid Measures Inhalation Move victim to fresh air. If not breathing, provide CPR (cardio pulmonary resuscitation). Do Not use mouth-to-mouth if victim ingested or inhaled with substance: give CPR with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. Get immediate medical attention. Skin Contact Immediately flush skin with running water for at least 15 minutes. (Pay particular attention to folds, crevices, creases, groin). Start flushing while removing contaminated clothing. While in transport continue applying cold, wet compresses. If medical treatment is delayed, repeat the flushing or immerse the affected area in cold water. Creams and ointments should NOT be applied before or during the washing process. Discard heavily contaminated clothing and shoes, otherwise wash clothing separately before reuse. Eye Contact Immediately flush eyes with running water for at least 15 minutes. Hold eyelids open during flushing. Get immediate medical attention. Ingestion DO NOT INDUCE VOMITING. Never give anything to an unconscious person. If victim is alert and conscious, rinse mouth with water to dilute material. Spontaneous Vomiting: have victim lean forward with head down to avoid aspiration. Rinse mouth and administer more water. Immediately contact local poison control center. Get immediate medical attention. Most important symptoms and effects, both acute and delayed Symptoms/Injuries after Inhalation Material is extremely destructive to the tissue of the mucous membranes and upper respiratory tract. Symptoms/Injuries after Skin Contact May be harmful if absorbed through skin. Causes skin burns. Causes skin irritation. Symptoms/Injuries after Eye Contact Causes severe eye burns. Causes eye irritation. Symptoms/Injuries after Ingestion May be harmful if swallowed. Indication of any immediate medical attention and special treatment needed Material is extremely destructive to tissue of the mucous membranes and upper respiratory tract, eyes, and skin., spasm, inflammation and edema of the larynx, spasm, inflammation and edema of the bronchi, pneumonitis, pulmonary edema, burning sensation, Cough, wheezing, laryngitis, Shortness of breath, Headache, Nausea, Vomiting, Pulmonary edema. Effects may be delayed, to the best of our knowledge; the chemical, physical, and toxicological properties have not been thoroughly investigated. Q0130 SDS Page 3 of 9 Original- 4.29.15 Product Sulphuric Acid A.E.E. Page 396 of 574 Section 5: Fire -fighting Measures Suitable extinguishing media Small Fire Large Fire Unsuitable extinguishing media Special hazards arising from the substance or mixture Special remarks on Fire Hazards Special remarks on Explosion Hazards Protective actions fire-fighters Further information Sulphuric Acid, 93-99% Use water spray, alcohol -resistant foam, dry chemical or carbon dioxide. Flood fire area with large quantities of water while knocking down vapors with water fog. If insufficient water supply, knock down vapors only. . No information available Non-combustible Hazardous combustion products: Releases of sulfur dioxide at extremely high temperatures. Not flammable but highly reactive. Strong dehydrating agent, which may cause ignition of finely divided combustible materials on contact Reacts violently with water with the evolution of heat. Reacts with most metals, especially when diluted. Hydrogen gas release (extremely flammable, explosive). Wear standard protective equipment, self-contained breathing apparatus and full fire -fighting gear. Runoff from fire control may cause pollution. Neutralize run-off with lime or soda ash. Use water spray to cool unopened containers. Section 6: Accidental Release Measures Personal precautions, protective equipment, and emergency procedures Do not touch or walk through spilled material. Do not breathe vapor or mist. Provide sufficient ventilation, use respirator if ventilation is not satisfactory. Wear proper personal protective equipment (see Section 8). Environmental precautions Prevent further leakage or spillage if safe to do so. Prevent spills or contaminated rinse water from entering sewers or watercourses. Inform the local authorities if the product has caused environmental pollution. Methods and materials for containment and cleaning up Small Spills: Absorb with dry materials such as earth or sand. Place in a chemical waste container. Large spills: Dike the spill with earth or sand if possible. Restrict access to area until completion of clean up. Ensure trained personnel conduct clean up. Use proper personal protection equipment (see Section 8). Prevent liquid from entering waterways or sewers. Collect into plastic containers for disposal. Call emergency services. Comply with Federal, Provincial/State and local regulations on reporting releases. (For disposal reference section 13). Q0130 SDS Page 4 of 9 Original- 4.29.15 Product Sulphuric Acid A.E.E. Page 397 of 574 Section 7: Handling and Storage Precautions for safe handling Use only with adequate ventilation. Do not inhale vapors. Wear proper protective equipment when handling this material. Avoid contact with skin, eyes, or clothing. Wash hands and face after handling this material. Conditions for safe storage, including any incompatibilities Keep container closed when not in use. Utilize chemical segregation. Follow all applicable local regulations for handling and storage. Specific uses Manufacture of Fertilizers, Batteries, Industrial chemicals, Water treatment, Pulp & Paper, Mining Section 8: Exposure Controls/Personal Protection Control Parameters PRODUCT COMPOSITION ACGIH TLV OSHA PEL NIOSH REL Sulphuric acid 0.2 mg/m' 1 mg/m' 1 mg/m' Exposure controls VENTILATION: SPECIAL VENTILATION CONTROLS Sulphuric Acid, 93-99% Always provide good general, mechanical room ventilation where this chemical/material is used. Use this material inside totally enclosed equipment, or use it with local exhaust ventilation at points where vapors can be released into the workspace air. RESPIRATORY PROTECTION: Follow the OSHA respirator regulations found in 29 CFR 1910.134 or the CEN European Standards (EU). Use a NIOSH/MSHA or European Standard (EN) approved respirator if exposure limits are exceeded or if irritation or other symptoms are experienced. PROTECTIVE GLOVES: Neoprene, butyl, or nitrile rubber gloves are recommended. EYE PROTECTION: Safety glasses or splash goggles with face shield. SKIN PROTECTION: Complete personal protective equipment against chemical. The type of protective equipment must be selected according to the concentration and amount of the dangerous substance at the specific workplace. Recommended: Acid resistant rubber apron with long sleeves, boots. WORK/HYGIENE PRACTICES: Avoid breathing vapor. Avoid contact with eyes. Wash hands after handling. OTHER EQUIPMENT: Make safety shower, eyewash stations, and hand washing equipment available in the work area. Product Sulphuric Acid Q0130 Original- 4.29.15 A.E.E. SDS Page 5 of 9 Page 398 of 574 § Sulphuric Acid, 93-99% Section 9: Physical and Chemical Properties Section 10: Stability and Reactivity Reactivity: Chemical Stability: Possibility of Hazardous Reactions Conditions to Avoid: Incompatibility (Materials to Avoid): Hazardous Decomposition Products: Q0130 SDS Page 6 of 9 Reacts violently with water, organic substances and base solutions with evolutions of heat and hazardous mists. Stable under recommended storage conditions. Under normal conditions of storage and use will not occur. Reacts violently with water Heat, sources of ignition Bases, Halides, Organic materials, Carbides, fulminates, Nitrates, picrate's, Cyanides, Chlorates, alkali halides, Zinc salts, permanganates, e.g. potassium permanganate, Hydrogen peroxide, Azides, Perchlorates., Nitromethane, phosphorous, Reacts violently with:, cyclopentadiene, cyclopentanone oxime, nitroaryl amines, hexalithium disilicide, phosphorous(III) oxide, Powdered metals Possibility of decomposition if heated and in contact with sources of ignition. Release of toxic gases and vapors (sulfur oxides SO2, SO3). . Original- 4.29.15 Product Sulphuric Acid A.E.E. Page 399 of 574 PRODUCT CRITERIA APPEARANCE - COLOR: Clear, colorless to amber (light) PHYSICAL STATE: Liquid (oily liquid, clear to turbid ODOR: Odorless ODOR THRESHOLD Not available PH <1 1% solution/water MELTING POINT/FREEZING POINT: -31°F to 52°F -35°C to 11°C INITIAL BOILING POINT AND BOILING RANGE: 379°F to 6217 193°C to 327°C) at 760 mm H FLASH POINT: Not A licable EVAPORATION RATE: Not available FLAMMABILITY Solid, as) Not Available UPPER/LOWER FLAMMABILITY OR EXPLOSIVE LIMITS Not available VAPOR PRESSURE <1 Mm Hg, 77°F VAPOR DENSITY AIR = 1 3.4 FAir = 1 RELATIVE DENSITY 25 °C : 1.84 SOLUBILITY(IES) Yes water OXIDIZING PROPERTIES Not available PARTITION COEFFICIENT: n-octanol/water Not available AUTO IGNITION TEMPERATURE Not available DECOMPOSITION TEMPERATURE >340°C VISCOSITY 28 — 36 cP 607 Section 10: Stability and Reactivity Reactivity: Chemical Stability: Possibility of Hazardous Reactions Conditions to Avoid: Incompatibility (Materials to Avoid): Hazardous Decomposition Products: Q0130 SDS Page 6 of 9 Reacts violently with water, organic substances and base solutions with evolutions of heat and hazardous mists. Stable under recommended storage conditions. Under normal conditions of storage and use will not occur. Reacts violently with water Heat, sources of ignition Bases, Halides, Organic materials, Carbides, fulminates, Nitrates, picrate's, Cyanides, Chlorates, alkali halides, Zinc salts, permanganates, e.g. potassium permanganate, Hydrogen peroxide, Azides, Perchlorates., Nitromethane, phosphorous, Reacts violently with:, cyclopentadiene, cyclopentanone oxime, nitroaryl amines, hexalithium disilicide, phosphorous(III) oxide, Powdered metals Possibility of decomposition if heated and in contact with sources of ignition. Release of toxic gases and vapors (sulfur oxides SO2, SO3). . Original- 4.29.15 Product Sulphuric Acid A.E.E. Page 399 of 574 Section 11: Toxicological Information Sulphuric Acid, 93-99% GHS Renuired C rite.rin Tnxirity C'riterin Tnyieity infnrmatinn C'nmmnn+e Chnmivnl C'nnetifiinnt Acute Toxicity LD50 (Oral/Rat): 2140 mg/kg acid LC50 (Inhalation/Rat): —Sulphuric 1 510 mg/m3 2 hours Sulphuric acid Skin Corrosion/Irritation Skin - Rabbit - Extremely corrosive and destructive to tissue. de radabilit Sulphuric acid Serious Eye Damage / Eye Irritation Eyes - Rabbit - Corrosive to eyes Sulphuric acid Respiratory or Skin Sensitization Data not available Mobility in soil: Germ Cell Mutagenicity Data not available PBT and vPvB Carcinogenicity Not listed NTP assessment: Not listed IARC Other adverse effects: No information is available. Not listed OSHA Reproductive Toxicity Data not available STOT -- Single Exposure Data not available STOT — Repeated Exposure Data not available Aspiration Hazard Data not available S 1'0'1'= Specific Target Organ Toxicity Section 12: Ecological Information Toxicity: Toxicity to fish LC50 - Gambusia affinis (Mosquito fish) - 42 mg/l Sulphuric acid EC50 - Daphnia magna Water flea - 29 mg/1- 24 It Sulphuric acid Persistence and de radabilit No information is available. Bioaccumulative potential No information is available. Mobility in soil: No information is available. PBT and vPvB No information is available. assessment: Other adverse effects: No information is available. Section 13: Disposal Considerations Waste from residues/unused products: Follow the waste disposal requirements of your country, state, or local authorities. Contact a licensed professional, waste disposal service to dispose of this material. Dissolve or mix the material with a combustible solvent and burn in a chemical incinerator equipped with an afterburner and scrubber. Offer surplus and non - recyclable solutions to a licensed disposal company. Contaminated packaging: Contaminated packaging material should be disposed of as stated above for residues and unused product. Rinsate: Do not dispose of rinse water containing product in a sanitary sewer system or stormwater drainage system. Product Sulphuric Acid Q0130 Original- 4.29.15 A.E.E. SDS Page 7 of 9 Page 400 of 574 Section 14: Transport Information ROAD TRANSPORT: ADR = International Carriage of DanLyerous Goods by Road Sulphuric Acid, 93-99% UN NUMBER: UN 1830 DOT PROPER SHIPPING NAME Sulfuric Acid DOT/ ADR HAZARD CLASS: Corrosive DOT / ADR LABELS: Class 8 PLACARD: Corrosive, Class 8 DOT / ADR PACKAGING GROUP: REPORTABLE QUANTITY (RQ) SEA TRANSPORT: IMDG PROPER SHIPPING NAME UN NUMBER SEA CLASS: PACKING GROUP: EmS No.: MARINE POLLUTANT: SEA TRANSPORT NOTES: AIR TRANSPORT: IATA/ICAO UN NUMBER: PROPER SHIPPING NAME HAZARD CLASS: PACKAGING GROUP: Section 15: Regulatory Information II 1000 LBS (454 Kgs) Sulfuric Acid UN 1830 8 II F -A, S -B No Category C. For Steel drums Category B. UN 1830 Sulfuric Acid 8 II TOXIC SUBSTANCES CONTROL ACT (TSCA) STATUS: This product is in compliance with rules, regulations, and orders of TSCA. All components are listed on the TSCA Inventory. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (SARA) TITLE III SECTION 313 SUPPLIER NOTIFICATION: This regulation requires submission of annual reports of toxic chemical(s) that appear in section 313 of the Emergency Planning and Community Right To Know Act of 1986 and 40 CFR 372. This information must be included in all SDS's that are copied and distributed for the material. The Section 313 toxic chemicals contained in this product are: Sulfuric acid CALIFORNIA PROPOSITION 65 This regulation requires a warning for California Proposition 65 chemical(s) under the statute. The California proposition 65 chemical(s) contained in this product are: None Product Sulphuric Acid Q0130 Original- 4.29.15 A.E.E. SDS Page 8 of 9 Page 401 of 574 Sulphuric Acid, 93-99% STATE RIGHT -TO -KNOW TOXIC SUBSTANCE OR HAZARDOUS SUBSTANCE LIST: Florida Toxic Substance(s): Not listed Massachusetts's hazardous substance(s): Sulfuric acid Pennsylvania hazardous substance code(s): Sulfuric acid New Jersey Sulfuric acid CANADA: This SDS contains all of the information required by the Controlled Products Regulations (CPR). WHMIS-INFORMATION: This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR), SOR/88- 66, Current to February 20, 2012. The classes of controlled products listed in the CPR, Section 32, Part IV, have been reviewed and based on Professional Judgment this product has been determined to be WHMIS controlled as a corrosive material. Sulphuric acid: DIA - Poisonous and infectious material - Immediate and serious effects - Very toxic E - Corrosive material EUROPEAN UNION: This product has been reviewed for compliance with the following European Community Directives: REACH 1907/2006; Regulation (EC) No 1272/2008 on classification, labeling, and packaging (CLP) of substances and mixtures. None of the chemicals used in this product are on the EU's REACH SVHC (Substances of Very High Concern) chemicals list (as of June 16, 2014). Section 16: Other Information NFPA Rating: Componentv % Reactivity • -/� 0 Revision explanation •//v RTECS, ECHA, REACH, OSHA 29CFR 1910.1200 SULPHURIAACIDill) Initial issue date: April 29, 2015 Final revision date: April 29, 2015 Revision Number: 0 Revision explanation Initial version Information Sources: RTECS, ECHA, REACH, OSHA 29CFR 1910.1200 "Disclaimer: This document is generated to distribute health, safety and environmental data. It is not a specification sheet and none of the displayed data should be construed as a specification. Information on this SDS sheet was obtained from sources which we believe are reliable, and we believe that the information is complete and accurate. However, the information is provided without any warranty, express or implied, regarding its correctness. Some of the information presented and conclusions drawn are from sources other than direct test data of the substance. The conditions or methods of handling, storage, use and disposal of the product are beyond our control and may also be beyond our knowledge. It is the user's responsibility to determine the suitability of any material for a specific purpose and to adopt such safety precautions as may be necessary. If the product is used as a component in another product, this SDS information may not be applicable. For these reasons, we do not assume any responsibility and expressly disclaim liability for any loss, damage or expense arising out of or in any way connected with the handling, storage, use or disposal of this product." SDS ALTMORCD 6Y: w �.w�icrr^adr;^rtl:u �ta�Clc�t� Product Sulphuric Acid Q0130 Origi WWW -AEGIS -AI SCOM A.E.E. SDS Page 9 of 9 Page 402 of 574 lll* & CERTIFICATE OF LIABILITY INSURANCE DATE /2021 /YYYY) 04120/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 1166 Avenue of the Americas New York, NY 10036 CONTACT NAME: PAIC,HONMo.E x aC No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Insurance Co. of Pittsburgh, PA 19445 CN103177417-SATCO-ACORD-20- INSURED Sulphuric Acid Trading Company, Inc. .INSURER B: Mitsui Sumitomo Insurance USA Inc 22551 INSURER C : N/A N/A 3710 Corporex Park Drive Suite 205 Tampa, FL 33619 INSURER D: Illinois Union Insurance Co 27960 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: NYC -009436706-70 REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 045780547 04/14/2021 04/01/2022 EACH OCCURRENCE $ 1,000,000 DAMA To RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑PRO• ❑ JECT LOC GENERAL AGGREGATE $ 1,000,000 PRODUCTS -COMP/OP AGG 5 1,000,000 $ OTHER: B AUTOMOBILE LIABILITY BVR8302070 09/30/2020 09/30/2021 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS Per accident $ BODILY INJURY ( ) HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE $ Per accident UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAB AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTN ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below D POLLUTION LIABILITY G24883930 007 04/01/2020 04/0112023 Each Occurrence 1,000,000 SIR: $100,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: ITS Account Number PLC264 Certificate holder is added as an Additional Insured for General Liability, as required by contract and this status is only as respects the negligence of the Named Insured. Auto policy is shown as evidence of coverage only. Palm Beach County c/o Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 U/API MLLHI IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Stan Schiff lf ._ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 403 of 574 I:Y AGENCY CUSTOMER ID: CN103177417 LOG #: New York ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA, Inc. Sulphuric Acid Trading Company, Inc. 3710 Corporex Park Drive Suite 205 POLICY NUMBER Tampa, FL 33619 CARRIER NAIC CODE EFFECTIVE DATE: 1%UU1I IVI`1HL I[CIVIHI[nJ FIS DDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, NUMBER: 25 FORM TITLE: _Certificate of Liability Insurance Bumbershoot Liabilities - $20M x/s $5M limit policy nos. and underwriters are as follows National Union Fire Insurance Company of Pittsburgh, PA 50% ($10,000,000) policy no. 045780550 Liberty Mutual Insurance Company 25% ($5,000,000) policy no. NYABDE05005 Mitsui Sumitomo Insurance Company of America 25% ($5,000,000) policy no. OLM2510005 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are rr;gistered marks of ACORD Page 404 of 574 AM Public Hearing 8/17/2021 Requested Action by Commission: Proposed Ordinance No. 21-024 - Second Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. Explanation of Request: The Palm Beach County Supervisor of Elections has provided the attached letter, requesting that all municipalities consider certain changes in municipal charters and ordinances to ensure the efficient and cost- effective administration of future elections. One of these changes are to amend candidate qualifying dates to end no later than Friday, December 3, 2021. City staff recommends amending the City's candidate qualifying dates to be a two-week period starting at Noon on the second Tuesday in November to Noon on the fourth Tuesday in November each year. For the March 8, 2022 election, the qualifying period would be from Noon on November 9, 2021 until Noon on Tuesday, November 23, 2021. How will this affect city programs or services? Amending the qualifying period so that it ends on or before the 95th day before Election Day would accommodate statutory vote -by -mail requirements and allow the PBC Supervisory of Elections to provide administrative services for our elections. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 405 of 574 Type D OrdinainCE) D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description Ordinall'IC2, airTIE)inding qUi4ifyiing datE)S fOr Esll Es'C, ti 011'IS SGC:::::. ChartE)r IREsgarding QUi4ifyiing DatE)s aind Cainv-assiing Board ChartE)r SE)Choin 40 EE)CUOIII QU14ffyiing IDa tE�IS I ,.-aws of 11==:Ilorlida S PE)CA4l Act IF::: I , StatUlk) 100,3605 iras CoindLACA Of MLJIII'IiC'Apall �E IlasCfliOIIIS Page 406 of 574 1 2 3 ORDINANCE 21 - 024 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 7 ESTABLISHING QUALIFYING DATES FOR GENERAL MUNICIPAL 8 ELECTIONS; PROVIDING FOR CONFLICTS, PROVIDING FOR 9 SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE 10 11 12 WHEREAS, Section 40 of the City Charter sets the dates for qualifying for municipal 13 elections from and including noon on the second Tuesday in January to and no later than noon on 14 the second Tuesday in February, of the year in which the election is held; and 15 WHEREAS, in order to accommodate the statutory vote -by -mail requirements, the Palm 16 Beach County Supervisor of Elections ("SOE") has "strongly recommended" that the City amend 17 its qualifying period to ensure that it ends no later than Friday, December 3, 2021, ninety-five (95) 18 days before Election Day. A copy of the SOE's request is attached hereto as Exhibit "A" and 19 incorporated herein; and 20 WHEREAS, the SOE has further advised that it may not be able to accommodate the 21 elections of those municipalities that do not change their qualifying dates, as requested; and 22 WHEREAS, Section 100.3605(2)', F.S., authorizes the City Commission, by ordinance, to 23 amend the qualifying dates set forth in the City Charter; and 24 WHEREAS, in response to the SOE's request, the City Commission seeks to change the 25 qualifying dates for the City's general elections to begin Noon on the second Tuesday in November 26 to Noon on the fourth Tuesday in November each year; and 1 100.3605. Conduct of municipal elections (1) The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities.(2) The governing body of a municipality may. by ordinance. chanee the dates for aualifvine and for the election of members of the eovernine bodv of the municipality and provide for the orderly transition of office resulting from such date changes. 100457216.1306-90018211 Page 407 of 574 Ord. 21-024 Page 2 of 3 27 WHEREAS, the City Commission finds that changing the qualifying dates of the City's 28 general municipal elections, as requested by the SOE, is in the best interests of the citizens and 29 residents of the City. 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF WESTLAKE, FLORIDA, THAT: 32 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 33 being true and correct, and are hereby incorporated herein and made a part hereof. 34 Section 2: In accordance with Section 100.3605(2), F.S., and at the request of the Palm 35 Beach County Supervisor of Elections, the qualifying dates for the City's general elections are 36 hereby established as beginning Noon on the second Tuesday in November to Noon on the fourth 37 Tuesday in November each year. 38 Section 3: Conflicts. All ordinances and parts of the City Charter or City ordinances 39 which conflict with this ordinance are hereby superseded. 40 Section 4: Severability: Should the provisions of this Ordinance be declared to be 41 severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be 42 held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 43 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 44 the legislative intent that this Ordinance shall remain notwithstanding the invalidity of any part. 45 Section 5: Effective Date: This Ordinance shall be effective upon adoption on second 46 reading. 47 Section 6. This Ordinance shall not be codified. 48 FIRST READING this 3rd day of August, 2021. 49 100457216.1306-90018211 S:\CA\Ordinances\Ordinance Amending Election Qualifying Dates (00457216xc4b6a(.Docx Page 408 of 574 Ord. 21-024 Page 3 of 3 50 SECOND, FINAL READING AND PASSAGE this 17th day of August, 2021. 51 52 CITY OF BOYNTON BEACH, FLORIDA 53 54 YES NO 55 Mayor — Steven B. Grant 56 Vice Mayor — Woodrow L. Hay 57 Commissioner — Justin Katz 58 Commissioner — Christina L. Romelus 59 Commissioner — Ty Penserga 60 61 VOTE 62 ATTEST: 63 64 65 66 67 68 69 70 71 Crystal Gibson, MMC City Clerk (Corporate Seal) 100457216.1306-90018211 S:\CA\Ordinances\Ordinance Amending Election Qualifying Dates (00457216xc4b6a(.Docx Page 409 of 574 Dear Municipal Clerks, Commissions, and Councils, Congratulations to those of you who participated in a successful 2021 election cycle! The recent March Elections demonstrated the municipalities' commitment to democracy and to the voters of Palm Beach County. We were honored to work with you. The Palm Beach County Supervisor of Elections office (SOE) is committed to facilitating secure, transparent, and accurate elections. To that end, due to updates in Florida Law in recent years, we have determined that certain changes in municipal charters and ordinances are necessary to ensure the efficient and cost-effective administration of future elections. Qualifying Dates To accommodate statutory vote -by -mail requirements, the SOE strongly recommends that each municipality who has not already done so amend its qualifying period so that its qualifying period ends on or before the 95th day before Election Day. For example, qualifying for the March 8, 2022 election would end no later than Friday, December 3, 2021, allowing the SOE staff to program the necessary elections, create and proofread the ballot language, submit ballot templates to participating municipalities for approval, print vote -by -mail ballots, and prepare those ballots for mailing. We mail the military and overseas ballots 45 days before the election. Failure to amend the qualifying period may result in the inability of the SOE to accommodate the elections of those municipalities. Our system does not allow us to "close" or move forward one city at a time, so any delay by one municipality results in our inability to move forward with the others. Runoff Elections While many municipalities no longer hold runoff elections, several still maintain provisions requiring a majority vote to win an election. Many municipalities have mentioned to us that the runoff elections are detrimental to their budgets because often the municipality has not budgeted for that expense. With so few holding runoff elections, the municipality does not benefit from the same degree of cost sharing as a Uniform Municipal Election that is held simultaneously with other municipalities. The county does not fund the municipal elections. Please understand that we are happy to hold runoff elections, but are cognizant of the cost burden it places on municipalities. If you determine that you no longer wish to have runoff elections, please revise your charters or ordinances accordingly. 240 South Military Trail, West Palm Peach, FL 334151 Past Office Sox 22309, West Palm Beach, FL 33416 Telephone: 561.656.62001 Fax Number: 561.656.6287 Page 410 of 574 Polling Locations It has come to our attention that some charters include provisions requiring specific polling locations or specifying that polling locations be within city or town limits. While this may not present an issue for stand- alone elections, when municipalities wish to participate in uniform or countywide elections, this becomes logistically problematic and expensive, if not impossible. The SOE urges municipalities to remove any provisions to this effect, as it will be impossible to guarantee specific polling locations in future elections if the municipality is joining a countywide election. Single Canvassing Board for Uniform Municipal Elections The final question presented for consideration by the municipalities is the designation of the Palm Beach County Supervisor of Elections as the official Supervisor of each Uniform Municipal Election, such that one single Canvassing Board may be empowered to canvass all of the municipal elections held simultaneously on a given day. The municipal clerks would still be qualifying officers for their municipality's candidates. This is an optional service, and each municipality can make its own determination as to whether they want to designate the Palm Beach County Supervisor of Elections as the official Supervisor of their election. As required under the Florida election laws, at least one (1) member of the Canvassing Board is required to be present during activities such as the pre-election testing of tabulation equipment (the Logic and Accuracy test), opening, tabulation, duplication, and the canvassing of ballots. A municipality may choose to maintain its own Canvassing Board; however, if they choose to do so, the Supervisor of Elections may elect not to serve as a Canvassing Board member for that municipality. In some municipalities, an election may be required in order to make these changes. The Secretary of State has called for a Special Primary Election on November 2, 2021, for the U.S. House of Representatives District 20 seat. While this district may not include a municipality that would be required to have an election, we will be happy to accommodate a municipality that wishes to do so. (If the municipality is within Congressional District 20, it would also result in a cost savings to that municipality.) Please let the Supervisor of Elections know by July 15, 2021, whether your municipality plans to participate in the November 2, 2021 election. We will not be able to hold an election outside of this date. 240 South Military Trail, west Palm Beach, FL 334151 Post Office Box 22309. west Palm Beach. FL 33416 Telephone: 561.656.62001 Fax Number: 561_656.6287 Page 411 of 574 Again, congratulations on a successful election season. The Palm Beach County Supervisor of Elections looks forward to many future elections in partnership with our local governments. Sincerely, Wendy Sartory Link Supervisor of Elections Palm Beach County 24D Snuth Militaryr'Trail, West Palm Beach, F=L 334151 Past office Box 22309, West Palm Beach, FL 33416 Telephone: 561.656.62001 Fax Plumber: 561.656.6287 Page 412 of 574 Sec. 40. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adopted by the City Commission, and in conformance with applicable state law, and published in a newspaper of general circulation in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no sooner than noon on the first Tuesday of January, nor later than noon on the second Tuesday in January, of the year in which the election is to be held except for those years in which the first Tuesday in January is January 1, and in those years any resident of the City who wishes to become a candidate for a Commission member seat shall qualify with the City Clerk no sooner than noon on the second Tuesday of January, nor later than noon on the third Tuesday in January in those years in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla. 1947, Ch. 24398, § 131; Ord. No. 80-41, § 3, 10-21-80; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-51, § 2, 12-20-83; Ord. No. 01-25, § 7, 7- 3-01; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02; Ord. No. 02-046, § 2, 8-20-02; Ord. No. 08-005, § 2, 4-1-08; Ord. No. 12- 023, § 2, 1-15-13, election of 3-12-13; Ord. No. 17-035, § 3, 12-19-17) Page 413 of 574 Sec. 10-31. - Intent. It is the intent of this act [division] to provide for uniform filing and election dates for all municipal elections to elect municipal officers in Palm Beach County. It is not the intent of this act [division] to determine the length of terms of municipal offices. (Laws of Fla., Ch. 83-478, § 1) Sec. 10-32. - Time for filing. Candidates for any municipal office in Palm Beach County shall file such papers and pay such fees as may be required by law with the applicable municipal clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The names of all candidates and the offices for which they have filed shall be received by the supervisor of elections from the municipal clerks by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla., Ch. 83-478, § 2) See. 10-33. - Date of election. Any election relating to a municipal office, other than runoff elections held pursuant to section 4 of this act or special elections, shall be held on the second Tuesday in March of the calendar year. (Laws of Fla., Ch. 83-478, § 3) Sec. 10-34. - Date of runoff election. Any municipality which by charter or local ordinance requires that a runoff election be held in the event no candidate receives a majority of the votes for an office shall hold such election on the fourth Tuesday in March of the calendar year, (Laws of Fla., Ch. 83-478, § 4) Sec. 10-35. - Date for taking office. Municipal officers elected pursuant to this act [division] shall take office no later than the last day in March of the year in which they are elected, with the specific day to be decided by local ordinance. (Laws of Fla., Ch. 83-478, § 5) Sec.10-36. - Initial elections under act. Initially, any municipal officer whose term of office expires subsequent to July 1 in any calendar year shall stand for reelection in March of the following calendar year and shall continue in office until the election of his successor. Initially, any municipal officer whose term of office expires prior Page 414 of 574 �%' �, F � i, + � # ' , � il, it '�, � 1 : ' k , � If ► ` �* M 4 w1111 1 '11 Page 415 of 574 Statutes & Constitution :View Statutes : Online Sunshine Select Year: .2.020 . Go The 202o Florida Statutes Page 1 of 1 Title IX Chapter 100 View Entire ELECTORS AND GENERAL, PRIMARY, SPECIAL, BOND, AND Chapter ELECTIONS REFERENDUM ELECTIONS 100.3605 Conduct of municipal elections.— (1) The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities. (2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes. History.—s. 2, ch. 95-178. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us Page 416 of 574 http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100-01... 7/12/2021 011110111 City Manager's Report 8/17/2021 Requested Action by Commission: Consider use of ARPA funds (up to $500,000) for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing Authority. Further, consider adoption of an I LA with the BBCRA to provide this funding to assist with the acquisition of said properties. Explanation of Request: As the Commission knows, City and CRA staff have worked diligently with the PBC Housing Authority for several years and has recently assisted them with the submittal of a Disposition Application to HUD to allow the Authority to "dispose" of 35 lots in their ownership. A map of the properties is attached. The CRA has budgeted $500,000 to participate in the auction with the intention to purchase as many lots as possible for future redevelopment and infill affordable housing. The CRA had the properties appraised and the value is $900,000+. Staff is requesting to use ARPA funds to augment the funds the CRA has to assist with the acquisition of these properties through the public auction process. If acceptable, staff will bring forward an I LA between the City and CRA for adoption at the 9/8/21 Commission meeting and then it will go before the CRA Board at their 9/14/21 meeting. The auction is scheduled to take place on September 15, 2021. The ILA will provide authority to the CRA to do the bidding at the auction. City staff will be present at the auction as well. Staff is requesting authority to utilize up to $500,000 of ARPA funds should they be needed. Depending on the number of bidders and the degree of competition, all funds may not be needed. The CRA funds will be used first, then the ARPA funds would be used if necessary. Staff anticipates the properties that are purchased with ARPA funds will need to be deed restricted for certainty that the properties are built and remain affordable housing in order to stay in compliance with the federal guidelines. How will this affect city programs or services? Provide additional properties for the development of much needed affordable housing in the City. Fiscal Impact: Grant funded. Alternatives: Do not use ARPA funds. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 417 of 574 Is this a grant? Grant Amount: Attachments: Type AddE)indUlirn Description Fl IB C II IOLA§iing ALAthority Ilan ts ... rna p Page 418 of 574 ti LO 4- 0 rn a� c� a r1W City Manager's Report 8/17/2021 Requested Action by Commission: Discuss activation of the Historic Woman's Club of Boynton Beach. Explanation of Request: Ownership of the Historic Woman's Club of Boynton Beach (HWCBB) was transferred from the CRA to the City in February 2021. Since then, the City has developed a three-year design and construction schedule to utilize CRA funds for needed improvements including adding WiFi and security, elevator replacement, bathroom upgrades, a signalized crosswalk across Federal Highway to provide access to additional parking, and various other improvements. Staff also held multiple focus groups, conducted surveys with event management vendors and contracted with an events and marketing firm in order to develop a strategy to 1) maximize use of the HWCBB and 2) offset the expense of operating and maintaining the building. Copies of the surveys are attached. Based on the analysis and information collected, City staff's recommendation for use of the HWCBB is primarily for event rentals, with City programming for the community as a secondary use. Staff is researching the potential of contracting with a Business Development professional to actively market and program the facility. The anticipated annual cost of operating the HWCBB is between $70,000-80,000. This amount does not account for personnel costs. A conservative revenue projection is roughly $120,000 annually and could potentially be much higher with active business development and marketing of the building. The tentative three-year construction plan consists of the following: Year 1 (FY 21/22): WiFi and security infrastructure, restroom renovation, new elevator installation Year 2 (FY 22/23): Crosswalk construction Year 3 (FY 23/24): Crosswalk construction (continued) and HVAC replacement During the three-year construction period, staff will keep portions of the HWCBB open for rentals and programming to the extent possible. Installation of WiFi and security improvements will start in October 2021 and will be minimally disruptive so the building will remain fully open until construction of the restrooms and elevator installation begins in March -April 2022. Full use of the interior of the building is anticipated in FY 22/23 when the majority of interior renovations are complete. Lastly, the installation of the crosswalk (FY23/24) will provide even better access to the facility. How will this affect city programs or services? Utilizing and programming this facility to it's fullest potential will realize additional revenue to the City and cover expenses related to the operation of the HWCBB. Fiscal Impact: TBD Alternatives: Strategic Plan: Page 420 of 574 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttacIfirTI sir'lt Description is ve,irnt VE)i:doir SLArveys Page 421 of 574 7/16 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. gym, �.�.�.�.�. Name:_...........................................Email:-,: Company. How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stoveloven 1 '�� 2 1 3 1 4 2 II 3 1 4 2 II 3 I 4 Is there anything the kitchen needs to make it more desirable for catered events? Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? `M Please circle one: Positively eatively No effect Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 422 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? Wedding Ceremony Wedding Reception ❑ Other ❑ Quinceanera Birthday Party Baby Shower Conferences j2,itzvahs If "Other" please explain: Do you have any further suggestions for making the Woman's Club a Would you like more information regarding our Pre -Approved Vendor list? .. ....� Yes ❑ No Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 423 of 574 7/16 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name:J{.� Email�e :a,�:�G,,r �w a Company:0 �I Title: How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven Is there anything the kitchen needs to make it more desirable for catered N Are there any amenities that could be added to make the Woman's Club How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: 'OositivelyNegatively No effect 1I MO• WOUP Y /_ Vendor Survey & Questionnaire What wedding and event trends do you f recast for the next 3 )� _ - �OKI ? What type of events do you think this venue is most suited for? ®' Wedding Ceremony Wedding Reception ❑ Other E�uinceanera ff Birthday Party ❑c f Baby Shower ❑ Conferences E;TNlitzvahs If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? Would you like more information regarding our Pre -Approved Vendor list? dYes ❑ No Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 425 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. . .. .. . .. Name: .. . Company:_ Email: 42 'Ile Title: 1,,� 'Y How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine (I 2. Microwave 3. Food warmer 4. Stove/oven Is there anything the kitchen needs to make it more desirable for catered events? I Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively ,,,Negatively�' No effect . . . ... .. ... Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 426 of 574 2 3 1 2,1' 3 4 ( 1 7- — 2 -- 3 2 3 4 Is there anything the kitchen needs to make it more desirable for catered events? I Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively ,,,Negatively�' No effect . . . ... .. ... Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 426 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? Wedding Ceremony yvedding Reception ❑ Other Qu inceanera Birthday Party EiBaby Shower ❑ Conferences �itzvahs If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? Would you like more information regarding our Pre -Approved Vendor list? I:yYes ❑ No Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 427 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name: Company: Email: Title: How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven Is there anything the kitchen needs to make it more desirable for catered events? Are there any amenities that could be added to make the Woman's Club successful? f2 > X How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively ,,,,,,Negatively No effect Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 428 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? Wedding Ceremony❑Wedding Reception Other ❑ Quinceanera ❑ Birthday Party„ ° °"Baby Shower F-]conferencesMitzvahs If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue Would you like more information regarding our Pre -Approved Vendor list? O�Yes ❑ No Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 429 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name: kt RUWX104 l Email: K C1 (7 11 Company:M _rQu onsms Title: I�i� RDW � s How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven Is there anything the kitchen needs to make it more desirable for catered events? �:, , i f Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively Negatively . No effect Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 430 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? IC U(,,(- CAM,6j t. 1,4 rd, 04 -1 r What type of events do you think this venue is most suited for? 70 Wedding Ceremony Wedding Reception 70ther Quin ceanera [t/Birthday Party �by Shower Conferences Mitzvahs AP�L�s 6(coz- If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? 7,d you like more information regarding our Pre -Approved Vendor list? Yes I M �) 0 �w VJ000 66 S, CGOA FI No til LO CO Pc� PQM"A kTq Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 431 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name' k'f� .�� Email: �,� SeCai✓1 _2 Company: I .': Title: ,,,ry-,1,.e - � k How would you rate the v ie of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven Is there anything the kitchen needs to make it more desirable for catered events?4 N Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively Negatively ) No effect Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 432 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? ❑ Wedding Ceremony Wedding Reception ❑Other ❑ Quinceanera [,� Birthday Party ❑ Baby Shower ❑ Conferences ElMitzvahs If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? ove- C,/ -N 44 t.:,( 1 6 Would you like more information regarding our Pre -Approved Vendor list? ❑ Yes ❑/No Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 433 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. .... Name: J ( Email: EAD (G (L- gal r , Company: Title: How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven 2 3 4 1 2 4 2 1 3 14 Is there anything the kitchen needs to make it more desirable for catered events? _ Are there an amenities that could be added to make the Woman's Club successful �,,T, 0 How do you feel having an on-site themed attraction in the East room would affect rentals? (zC7-SLL: —(I kJ Please circle one: Positively atively No effect Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 434 of 574 Vendor Survey & Questionnaire What wedding and, vent trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? Birthday Party ❑ Baby Shower ❑ Conferences ❑ Mitzvahs If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue. Would you like more information regarding our Pre -Approved Vendor list? Yes ❑ No Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 435 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name: �° " P,c1P� Email: Company�;�>, `S ec,u� Title: 1Ue,�.VlOc�� C.ci✓-�erd� How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine ,3 2. Microwave If 3. Food warmer C 4. Stoveloven -3- 1 2 3 4 1 2 3 4 12 3 4 1 2 3 4 Is there anything the kitchen needs to make it more desirable for catered events? M S t/ 54ewc Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively Negatively No effect Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 561-742-6000 Page 436 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? Wedding Ceremony Wedding Reception ❑ Other Birthday Party ❑ Baby Shower Kconferences If "Other" please explain: El Quinceanera Mitzvahs Do you have any further suggestions for making the Woman's Club a successful venue? Would you like more information regarding our Pre -Approved Vendor list? Yes Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 437 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Q Name:�ftuoaf). Company� Email' Title: � How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven Is there anything the kitchen needs to make it more desirable for catered events? Are there any amenities that could be added to make the Woman's Club successful? ev, pp J� v f How do you feel having an'kon-site theme attraction in the East room would affect rentals? Please circle one: ............. f,"), Positively c Boynton Beach Recreation & Parks Department 100 0 eanAve 561-742-6686 Page 438 of 574 What Vendor Survey & Questionnaire ing and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? ❑ Wedding Ceremony ❑ Wedding Reception ❑ Other Birthday Party ❑ Baby Shower ❑ Conferences ❑ If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? Would you like more information regarding our Pre -Approved Vendor list? "Z° ,,`Yes a Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 439 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name: Company:,b Email:�,�� LL gym,° , �mi��„m Title N How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven 1 1 2 3 I )1 2 1 3 1 4 1 It A 3 14 1 11 2 ,/1 3 1 4 Is there anything the kitchen needs to make it more desirable for catered events? Are there any amenities that could be added to make the Woman's Club successful? �a �� .. How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively Negatively „' No effect Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 440 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? Wedding Ceremony F—] Birthday Party If "Other" please explain: P"Wedding Reception F—] Baby Shower ❑ Other o,onferences Do you have any further suggestions for making the Woman's Club a successful venue? . .... . .. .. . . ... . ........ . ....... . Would you like more information regarding our Pre -Approved Vendor list? ❑ Yes ❑ No Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 441 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name: ,.. Company m� ., �, �'b , ot Email: 0,1 Title��. How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: 1. Ice machine 1" 2 3 a 2. Microwave 1 2 3 3. Food warmer 1 2 3 4 4. Stove/oven 1 �,�� 72 3 4 Is there anything the kitchen needs to make it more desirable for catered events? Are there any amenities that could be added to make the Woman's Club successful? pp a How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively Negatively No effect k a Boynton Beach Recreation & Parks Department 1 100 E. Ocean Ave 1561-742-6000 Page 442 of 574 Vendor Survey &, Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? 1� I M I Wedding Ceremony Wedding Reception DOther Birthday Party 'Baby Shower Conferences If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? b, A,, C) (A�,,l 14 1% . .. . . .... Would you like more information regarding our Pre -Approved Vendor list? t Yes F-1 No Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 443 of 574 Vendor Survey & Questionnaire Thank you for participating in this survey and providing your feedback to help the Historic Boynton Beach Woman's Club offer the best services and amenities to our customers. Name. Email: �fFi'`°'�a:� Company: Title: How would you rate the value of the following kitchen appliances with 1 being most important and 4 being least important: ",A) Ice machine 2 3 4 2. Microwave 1 2 3 (4 Food warmer 1 2 3 4 4. )Stove/oven 2,,, 3 4 Is there anything the kitchen needs to make it more desirable for catered events? Are there any amenities that could be added to make the Woman's Club successful? How do you feel having an on-site themed attraction in the East room would affect rentals? Please circle one: Positively (Negatively No effect Tt . .. . . ..... . .... Boynton Beach Recreation & Parks Department 1100 E. Ocean Ave 1561-742-6000 Page 444 of 574 Vendor Survey & Questionnaire What wedding and event trends do you forecast for the next 3 years? What type of events do you think this venue is most suited for? edding Ceremony 'Wedding Reception ❑ Other ❑ Birthday Party aiby Shower ❑ Conferences If "Other" please explain: Do you have any further suggestions for making the Woman's Club a successful venue? 4) Would you like more information regarding our Pre -Approved Vendor list? -Ye—s.. ❑ No Boynton Beach Recreation & Parks Department ( 100 E. Ocean Ave 1561-742-6000 Page 445 of 574 Thank you for participating in this survey and providing your feedback to help the Historic Boynton, Beach Wornan's Club offer the best services and arnienities to our customers. "O Name: Email: e Company: Title: ^,J S How would you rate the value of the following kitchen appliances with I being most important and 4 being least iimportant: 1. Ice machine 2. Microwave 3. Food warmer 4. Stove/oven V1191T.—TM-11,1111SE 11 rnliiiviirr� 1111 r events? LLII�v") successful? pi I i I � I � I I � I i I I � I i 111!11111111!111� affect rentals? Please circle one: Positively Negative! No effect , - ---y Page 446 of 574 Wedding Ceremony [J'Wedding Reception F-1 Other 7 Quinceahera Birthday Party F—] Baby Shower F7, Conferences ISI"Mitzvahs =6 EM3= successful venue? 7'►�►©d you like more iniformation regarding our Pre -Approved Vendor list? Yes am Page 447 of 574 Requested Action by Commission: Monthly update on the Town Square Project by J KM Developers attached. 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: Attachments: Type Description ttaclltirTIENI'll 1.....eltEsir firoirn J IVCD WOM Unfinished Business 8/17/2021 Page 448 of 574 2300 Glades Road Suite 202 East Boca Raton, FL 33431 Office: 561-886-6684 Boynton Town Square City Commission Update -Private Sector July 31, 2021 Dear Mayor, Commissioners and City Manager: Mediation between JKM and the City to settle litigation has taken place and is on-going. JKM has filed a Site Plan Amendment to the City. Site Plan Amendment bullet points proposed are as follows: North & Central Parcels 2 & 3, Mixed-use Buildings and North Parking Garai A revised Site Plan Amendment/Application for Parcels 2 & 3 (North & Central) has be submitted to the City. a. The revised Site Plan includes a reduced size North Parking Garage. b. The revised Site Plan includes reduced size and density of dwelling units for buildings on Parcels 2 & 3. c. Restaurants/Retail on Boynton Beach Blvd. and Ocean Ave. will remain. d. Un -used Master Plan density/intensity from the revised Site Plan for Parcels 2 & 3 can be used on Parcel 1 (Hotel Parcel). e. The North Parking Garage will be moved so that it is not contiguous to the Children's Playground, "Kids Korner", north of the Children's Museum. A 2 -story, freestanding Apartment Clubhouse on approximately ±.45 -acre will be contiguous to the Playground instead. An approximately ±.55 -acre parcel contiguous to Parcel 1 (Hotel Parcel) along Boynton Beach Boulevard will be deeded back to the City for use with the Parcel 1 Site Plan. No City financial assistance, pre -purchase, tax assistance or TIF will be requested for the Parking Garages or Parcels 2, 3 & 7 buildings. Date certain for South Parking Garage construction start and corresponding construction loan commitments will be part of the Settlement proposal. South Parcel 7, Parking Garage and Apartments: Pending litigation has negatively affected the prospects of obtaining any project construction financing. To be clear, Banks and Lenders do not close on project financing where the jurisdiction of the project (City of Boynton Beach) has litigation pending against the Borrower, or potential Borrower. Respectfully submitted, John Markey Page 449 of 574 MIM Unfinished Business 8/17/2021 Requested Action by Commission: Receive update and status of funding efforts by Lutheran Services of Florida (Head Start) to relocate from the existing location at 909 NE 3rd Street and discuss terms for purchase and sale agreement and new lease agreement. Explanation of Request: On July 6, 2021 the City Commission discussed the potential relocation of Lutheran Services of Florida (Head Start) from its current location to a proposed location at the northeast corner of NE 9th Avenue and NE 3rd Street. During the meeting the City Commission requested documentation from Lutheran Services of Florida to demonstrate their ability to fund the construction of a new facility at the proposed location. The following is a list of the documentation provided by Lutheran Services for review by the City Commission: 1. List of funding available and sources. 2. Copy of Notice of Award. 3. Conceptual Site Plan 4. Draft schedule from Alexis Knight Architects. 5. Term sheet for purchase and sale agreement and lease agreement. 6. Request for the City and/or CRA to fund and construct improvements to NE 3rd St. and NE 9th Ave. How will this affect city programs or services? The Public Works compound, together with the building located at 909 NE 3rd Street, comprise a valuable and desirable redevelopment opportunity in the Heart of Boynton as outlined in the CRA Redevelopment Plan. Fiscal Impact: Fiscal impacts will be incurred as part of the purchase and sale agreement if the property is conveyed at a reduced or discounted purchase price. Additionally, nonprofits are also exempt from paying sales tax and property tax. Alternatives: Do not assist with relocation of Lutheran Services and cease operations at the end of lease term. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 450 of 574 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description 1.....&I::: F:::Ulinding 1.....&I::: I IIRS F:::oirirn 990 1.....w: IF:::Tb%rirn ShEsE)t Page 451 of 574 Lutheran Services Florida, Inc. Palm Beach Head Start/Early Head Start Program Cover Sheet Ref: Vacant Parcels 08-43-45-21-18-000-1510(1001 N Railroad Ave) 08-43-45-18-000-1540 (NE 3 d Street) Page 452 of 574 Different Funding Sources $953,008.00 (ARP) American Rescue Plan - Pending 1303 Form $458,000.00 Operation Unspent amount - Carry Over $96,000.00 Start-up Funds $96,000.00 Disaster Relief Funds Total: $1,603,008.00 Page 453 of 574 Ooo Department of Health and Human Services Administration for Children and Families Recipient Information 1. Recipient Name 1,,1.7H ERA SERVICES IFLtl;YRDIDA." INC. 3627 fir„ W, WATERS AVIE Lau herin Services Fllouida, Inc. TAMPA., 1°L .33614-2"793 (904132 ,,.1823 2. Congressional District of Recipient 14 3. Payment System Identifier (ID) 159219891 1 Al 4. Employer Identification Number (EIN) 59'2198911 S. Data Universal Numbering System (DUNS) 139676936 6. Recipient's Unique Entity Identifier 17. Project Director or Principal Investigator ta;xasci;mvc 'Vt ce 1. residcrn 8 t 3 a"d6-9tl"74 18. Authorized Official Mr, Willhami 113ornme Chain an aa11he Board Ilru11.&ounc4ella~ org 17271, .2.4.70111 Federal Agency Information ACIF`014 S Region lV t'1- arns i'1P'fic;e 9. Awarding Agency Contact Information 13noruouc Bounds Grants Management officer IDS ofrtne.Bopjuidstfxaac,1",luius,g o: 4041-562 -2910 10 -Program Official Contact Information Ms, I Icather 1. 'VVsundersulcl Program O1te aations EiMsion Director heatheugov 202-205-5923 30. Remarks Notice of Award Award# 041- E000622 -0 1-0 i FAIN# 04HE000622 Federal Award Date: 05,27 "2021 Federal Award Information 11. Award Number 0411000622 W -W 12. Unique Federal Award Identification Number (FAIN) a04d1HIL N0.0622 13. Statutory Authority 421 USC990i E -r SE,Q 14. Federal Award Project Title ,A,rutcmean RL40c Plan 15. Assistance Listing Number 9:1.60(3 16. Assistance Listing Program Title II 1ear..1 Starr. 17. Award Action Type Supplement 18. is the Award R&D? No Summary Federal Award Financial Information 19. Budget Period Start Date 104/0li21021I - End Date 1;1;.31, tl X29:12 3 20. Total Amount of Federal Funds Obligated by this Action 20a. Direct Cost Amount 20b. Indirect Cost Amount 21. Authorized Carryover 22. Offset 23. Total Amount of Federal Funds Obligated this budget period 24. Total Approved Cost Sharing or Matching, where applicable 25. Total Federal and Non -Federal Approved this Budget Period 26. Project Period Start Date - End Date 03311/2023 27. Total Amount of the Federal Award including Approved Cost Sharing or Matching this Project Period 28. Authorized Treatment of Program Income FAddiaiiorxar 1::"a.msts 29. Grants Management Officer - Signature 110ir nnc Bounds Gh-alluac Kanaaga mcnl tJC'd°ar cv 'S6J?2., 91.00 S.5,7( 1,19"3I.1Jlb S322.360 00 S11.562_131 ,.00 1 37,684.822,00 C*laaa AvzaolMobIle Page 45-,AagL �74 LSF 04HE000622 LSF Palm Beach Head/Early Head Start Program 7 Lutheran Services Florida, Inc. (LSF) •mm Palm Beach Head Start grant is submitting a request for the American Rescue Plan (ARP) application. The main use of the funds will provide educational supplies, a prefabricated building, personal protection equipment, medical supplies, consumable supplies for children ARP request are outlined in the following budget narrative as indicated for each budget category: 1. Playground and Equipment The program is requesting approval for the replacement of playgrounds and related playground equipment at a cost of $732,607, plus a pre -fabricated building for $953,008, total $1,685,615. Total Equipment = $1,685,615 2. Supplies -Educational and Medical This line item will be used to purchase educational and medical supplies for children and staff and provide additional consumable supplies for individual use items for children, such as paints and crayons. Total Supplies $709,304 3. Other This line item will be used for incidental building maintenance, cleaning, minor alterations, staff counseling, child recruitment and staff substitutes. Total Other = 112 998 4. Indirect Charges Indirect costs are calculated at 8.5% of total direct expenses. Total Indirect Charge = $25,074 5. Non -Federal Share LSF is requesting a Waiver of the NFS amount of $633,247.63 Total Non -Federal Share = $ 0 In conclusion, Lutheran Services Florida, Inc. Palm Beach Head Start is requesting for the total amount for the ARP application including a waiver of the non-federal share match. Head Start Head Start T/TA Total Amount ARP Total NFS Total ARP/NFS $2,532,991.00 $ 0 $2,532,991.00 a $2,532,991.00 Page 455 of 574 Children & a Start Setvice5 7/26/2021 From: Robert Brown obe , brown@ Ist.r Sent: Friday, July 23, 20213:17 PM To: Julian Serrano Julian.serranoPlsfne.or Subject: Boynton Beach Funding available 7/23/2021$192,000.00 Hello Julian, As of today, we have $96,000.00 available in OHS CH Startup funds and $96,000.00 in OHS TD Disaster Relief funds, total $192,000.00 for Boynton Beach roof repairs that we can repurpose for the Boynton Beach building project. Please see me if you have any questions. Thank you! Rob Robert L Brown, CPA Director of Finance — Palm Beach Head Start and Early Head Start Direct: 813.756.2103, Phone: 813.875.1408 ext. 21018, Mobile: 561.631.1233 Email: Robert. Brown 01sfnet.orR Address 3627 A West Waters Ave Tampa FL 33614 USA Chiklm s Serkp-s Coundl tl.�u�r. ir.. sawp" yid Palm Beach Head Start Administrative` ' rce 3230 Commerce Place, Suite A 2 West Palm Beach, FL 9 Phone: 561.223.1600 headstarr lsfnet. org Page 456 of 574 A IVAVmp�q� N C - , " Page 457 of 574 ALEXIs KNIGHT / \RCHITECTS ... .- .�.. p��..._.'YmmmIPR�P'I/I®iJlll�1MMHW_�..... ,I�YIJ�PAB/l" -..��r Sustainable Design + Innovative Solutions July 27, 2021 Mr. Jean Rosier Operation Manager Head Start Palm Beach 3230 Commerce Place, Suite A West Palm Beach, FL 33407 JleNana.rosier@lsfnet.org RE: Preliminary Site Design Services for: Head Start of Boynton Beach Arden Park Lots 151, 154, 155 and 156 NE aro Street Boynton Beach, FL 33435 AKA No. 21.0057 Mr. Rosier; Alexis Knight Architect, Inc. (AKArchitects) is hereby providing this correspondence regarding the estimated scheduling for final development and completion of the new Head Start of Boynton Beach, located NE 3b Street, in Boynton Beach, Florida. Approval by the City of Boynton Beach Planning and Zoning..........................................5 months This includes the completion of the final site plan and the time Required to obtain final approval from the Planning and Zoning Department Preparation of the Construction and Permit Documents..................................................3 months This includes the completion of the final Construction and Permit Drawings for submittal To the building department Bidding and Selection of the General Contractor............................................................2 months This includes soliciting bids from local general contractors and Executing a contract for construction. . ........ _..m „ , , ,. —1-11-1111......... ..... ..... ...,.,., .....I'l, .. ALEXIS KNIGHT ARCHITECTS 1iJf'I aV �I i!I° !ii r,re Page 458 of 574 Obtaining Building Permits ......................................................................................... 2 months This includes applying for the permit for construction, receiving And responding to comments from the Building and Engineering Departments. Note: Completing the tasks for Bidding and The Selection of General Contractor and Obtaining Permits concurrently may save approximately two (2) month on the schedule. Construction........................................................................................................ 6 to 7 months This includes applying for the permit for construction, receiving And responding to comments from the building department. Sincerely, Alexis Knight President . .. . ............. .................. . ............. . . . . . ALEXIS KNIGHT ARCHITECTS ',Od, kE Page 459 of 574 Chl"Wmn & HQ4 start semces Read}' for School. Prepay ed for° Life July 9, 2021 Mr. Michael Simon Executive Director Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, Fl. 33435 Re: Letter of Interest Dear Mr. Simon: This letter reiterates our interest in continuing our Head Start/Farly Head Start services to the many families in Boynton Beach who need our Comprehensive Social Services all year around. Boynton Beach Head Start/Early Head Start has been in operation under Lutheran Services Florida for the past 7 years serving 150 children and 300 families every year in Boynton Beach with approximately 1050 children and 2100 hundred families throughout the 7 years. Head Start has been in operation in the City of Boynton Beach for over 30 years. We received a letter on March 21, 2021 from the City of Boynton Beach to inform us that our lease will not be renewed. A section of available land adjacent to 909 NE 3`a Street was recommended to be used for a Head Start facility. As you are aware, I recently had the opportunity to interact with the Boynton Beach Commissioners Justin Katz, Christina L. Romelus and Ty Penserga also, with the Mayor Steven; B. Grant and Vice Mayor Woodrow L. Hay to discuss our interest in the available land adjacent to the Boynton Beach site location. I was delighted to present our case to the Mayor and Commissioners, and we are extremely thrilled by their enthusiasm and support. It was a pleasure to meet you and speak with you pertaining to our interest in acquiring the land located at NE Corner of NE 91h Avenue and NE 3`a. Street. We are in contact with an architect and will provide additional information at the CRA meeting in August. Best Re pards, Dr. lian Serrano H Start/Early Head Start Director Palm Beach Head Start Adrai7h&a1we Offilee 3230 Commerce Place, Suite A 0, West Palm Beach, FL 0 Phone: 561.233.1600 headstart.lsfnerorg Page 460 of 574 RSM US LLP 7351 OFFICE PARK PLACE MELBOURNE FL 32940-8229 Lutheran Services Florida, Inc, 3627 W. WATERS AVE, TAMPA, FL 33614 liiiiiiiiiiiiiiiiiiiiillillililI 926340 04-01-19 Page 461 of 574 Caution: Forms printed from within Adobe Acrobat products may not meet IRS or state taxing agency specifications. When using Acrobat, select the "Actual Size" in the Adobe "Print" dialog. CLIENT'S COPY Page 462 of 574 IIIIIIII OWIIIIIIII III' OIII'° IIIIII IIIIIIII III4 UII UIZ " "'"'OOIII') Vfl)II SAX I C0SVfl ..III LUTHERAN SERVICES FLORIDA, INC. 3627 W. WATERS AVE. TAMPA, FL 33614 LUTHERAN SERVICES FLO[ ENCLOSED ARE THE ORIGI AS FOLLOWS... 2019 FORM 990 EACH ORIGINAL SHOULD B INSTRUCTIONS. THE COP) REGARDS, JULIANA KREUL IZATION RETURN, fH THE FILING 2.5IV1ll;lll rtl'w(l;meomlriluiiiofk'51,11n(eiiiidolI'd )sal lAnalgni i" ofIndelendon( ii Olt �ol md, ro,i_dtlnylu11rVA91tiA1ui�,:om/�h�ni(�rsformonoinformiti�%rai ise;4631of-574 I2.5IU h ifri i isfin usL TAX RETURN FILING INSTRUCTIONS FORM 990 FOR THE YEAR ENDING JUNE 30, 2020 PREPARED FOR: LUTHERAN SERVICES FLORIDA, INC. 3627 W. WATERS AVE. TAMPA, FL 33614 PREPARED BY: RSM US LLP 7351 OFFICE PARK PLACE MELBOURNE, FL 32940-8229 AMOUNT DUE OR REFUND: NOT APPLICABLE MAKE CHECK PAYABLE TO: NOT APPLICABLE MAIL TAX RETURN AND CHECK (IF APPLICABLE) NOT APPLICABLE RETURN MUST BE MAILED ON OR BEFORE: NOT APPLICABLE SPECIAL INSTRUCTIONS: THIS RETURN HAS QUALIFIED FOR ELECTRONIC FILING. AFTER YOU HAVE REVIEWED THE RETURN FOR COMPLETENESS AND ACCURACY, PLEASE SIGN, DATE AND RETURN FORM 8879 -EO TO OUR OFFICE. WE WILL TRANSMIT THE RETURN ELECTRONICALLY TO THE IRS AND NO FURTHER ACTION IS REQUIRED. RETURN FORM 8879 -EO TO US BY MAY 17, 2021 Page 464 of 574 IRS a -file Signature Authorization Form 8879 -EO for an Exempt Organization For calendar year 2019, or fiscal year beginning JUL 1 , 2019, and ending JUN 3 0 Department of the Treasury Internal Revenue Service Name of exempt organ I► Do not send to the IRS. Keep for your records. Go to www.irs.gov/Form8879EO for the latest information. OMB No. 1545-1878 2p20 1 2019 Employer identification number LUTHERAN SERVICES FLORIDA INC, I 59-2198911 Name and title of officer ROBERT J WYDRA JR CFO Part I Type of Return and Return Information (Whole Dollars Only) Check the box for the return for which you are using this Form 8879 -EO and enter the applicable amount, if any, from the return. If you check the box on line la, 2a, 3a, 4a, or 5a, below, and the amount on that line for the return being filed with this form was blank, then leave line 1b, 2b, 3b, 4b, or 5b, whichever is applicable, blank (do not enter -0). But, if you entered -0- on the return, then enter -0- on the applicable line below. Do not complete more than one line in Part I. is Form 990 check here 10o. 0 b Total revenue, if any (Form 990, Part VIII, column (A), line 12) ..__..,;........ 1b 248,542,813. 2a Form 990 -EZ check here Mo. 0 b Total revenue, if any (Form 990 -EZ, line 9) ... 2b 3a Form 1120-POL check here 10- 0 b Total tax (Form 1120-POL, line 22) 3b 4a Form 990 -PF check here Mo. 0 b Tax based on investment income (Form 990 PF, Part VI, line 5) 4b 5a Form 8868 check here loo. 0 b Balance Due (Form 8868, line 3c) ................................ ......... 5b Part II 1 Declaration and Signature Authorization of Officer Under penalties of perjury, I declare that I am an officer of the above organization and that I have examined a copy of the organization's 2019 electronic return and accompanying schedules and statements and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that the amount in Part I above is the amount shown on the copy of the organization's electronic return. I consent to allow my intermediate service provider, transmitter, or electronic return originator (ERO) to send the organization's return to the IRS and to receive from the IRS (a) an acknowledgement of receipt or reason for rejection of the transmission, (b) the reason for any delay in processing the return or refund, and (c) the date of any refund. If applicable, I authorize the U.S. Treasury and its designated Financial Agent to initiate an electronic funds withdrawal (direct debit) entry to the financial institution account indicated in the tax preparation software for payment of the organization's federal taxes owed on this return, and the financial institution to debit the entry to this account. To revoke a payment, I must contact the U.S. Treasury Financial Agent at 1-888-353-4537 no later than 2 business days prior to the payment (settlement) date, I also authorize the financial institutions involved in the processing of the electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected a personal identification number (PIN) as my signature for the organization's electronic return and, if applicable, the organization's consent to electronic funds withdrawal. Officer's PIN: check one box only 0 I authorize RSM US LLP ERO to enter my PIN 1 98911 Enter five numbers, but do not enter all zeros as my signature on the organization's tax year 2019 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen. 0 As an officer of the organization, I will enter my PIN as my signature on the organization's tax year 2019 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(es) regulating charities as part of the IRS Fed/State program, I will t d my PIN n'the return's disclosure consent screen. Officer's signature °��F✓ Date Oil- 5/3/2021 Part III I Certification and Authentication ERO's EFIN/PIN. Enter your six -digit electronic filing identification number (EFIN) followed by your five -digit self-selected PIN. 50888953719 Do not enter all zeros I certify that the above numeric entry is my PIN, which is my signature on the 2019 electronically filed return for the organization indicated above. I confirm that I am submitting this return in accordance with the requirements of Pub. 4163, Modernized e -File (MeF) Information for Authorized IRS e -file Providers for Business Returns. ERO's signature I► RSM US LLP Date 10- 05/03/21 ERO Must Retain This Form - See Instructions Do Not Submit This Form to the IRS Unless Requested To Do So LHA For Paperwork Reduction Act Notice, see instructions. 923051 10-03-19 Form 8879 -EO (2019) Page 465 of 574 EXTENDED TO MAY 17, 2021 Part ii l ,Ignawre tfIOCK Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and comp t beclara�on r°f reparer (other than officer) is based on all information of which preparer has any knowledge. A / � 5/3/2021 Sign Signature ofd ceiff ceiff r Date Here ' ROBERT J. WYDRA JR,, CFO Type or print name and title Print/Type preparer's name Preparer's signatureDate Check PTIN if Paid JULIANA KREUL 5/03/21 self-employed 01204534 Preparer Firm's name RSM US LLP Firm's El 10, 42-0714325 Use Only Firm's address 7351 OFFICE PARK PLACE MELBOURNE FL 32940-8229 Phonen0.321-751-6200 May the IRS discuss this return with the preparer shown above? (see instructions)0 Yes 0 No ............................................................... 932001 01-20-20 LHA For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2019) Page 466 of 574 Return of Organization Exempt From Income Tax OMB No. 1545-0047 d Form 990 Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) 2019 (Rev. January 2020) Do not enter social security numbers on this form as it may be made public. c2 Check this box Oil- 0 if the organization discontinued its operations or disposed of more than 25% of its net assets. Open to Public Department of the Treasury Internal Revenue Service No, Go to www.irs.gov/FormggO for instructions and the latest information. Inspection A For the 2019 calendar year, or tax year beginning JUL 1 2019 and ending JUN 30 2020 B check if C Name of organization D Employer identification number applicable: 10 0 Address change LUTHERAN SERVICES FLORIDA INC, Name change 59-2198911 Doingbusiness as return Number and street (or P.O. box if mail is not delivered to street address) Room/suite E Telephone number Final return/ 3627 W. WATERS AVE, 5 813-875-1408 termin- ated City or town, state or province, country, and ZIP or foreign postal code G Grossreceipts$ 250 372 646. Oretuended TAMPA FL 33614 H(a) Is this a group return Applica- tion for subordinates? ...... =Yes 0 No F Name and address of principal officer: SAMUEL M, SIPES pending SAME AS C ABOVE H(b) Are all subordinates included? 0 Yes 0 NO If 'No," attach a list. (see instructions) H c Group exemption number Pilo - Tax-exempt status: 0 501(c)(3) 0 501(c) insert no. 0 4947(a)(1) or 0 527 J Website: WWW•LSFNET,ORG K Form of organization: 0 Corporation 0 Trust 0 Association 0 Other FLYear of formation: 1982 1 M State of legal domicile: FL Part I I Summary Part ii l ,Ignawre tfIOCK Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and comp t beclara�on r°f reparer (other than officer) is based on all information of which preparer has any knowledge. A / � 5/3/2021 Sign Signature ofd ceiff ceiff r Date Here ' ROBERT J. WYDRA JR,, CFO Type or print name and title Print/Type preparer's name Preparer's signatureDate Check PTIN if Paid JULIANA KREUL 5/03/21 self-employed 01204534 Preparer Firm's name RSM US LLP Firm's El 10, 42-0714325 Use Only Firm's address 7351 OFFICE PARK PLACE MELBOURNE FL 32940-8229 Phonen0.321-751-6200 May the IRS discuss this return with the preparer shown above? (see instructions)0 Yes 0 No ............................................................... 932001 01-20-20 LHA For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2019) Page 466 of 574 1 Briefly describe the organization's mission or most significant activities: BRING GOD'S HEALING, ' HOPE AND d HELP TO PEOPLE IN NEED IN THE NAME OF JESUS CHRIST, c2 Check this box Oil- 0 if the organization discontinued its operations or disposed of more than 25% of its net assets. c3 Number of voting members of the governing body (Part VI, line 1a) 3 10 0 4 Number of independent voting members of the governing body (Part VI, line 1 b) 4 10 5 Total number of individuals employed in calendar year 2019 (Part V, line 2a) 5 1655 6 Total number of volunteers (estimate if necessary) 4970 Q7a ......._6 ......... ......... Total unrelated business revenue from Part VIII, column (C), line 12 ......... ......... 7a 0. b Net unrelated business taxable income from Form 990-T line 39 .. ......... 7b 0. Prior Year Current Year 240,890,310, 247,849,468, 8 Contributions and grants (Part VIII, line 1 h) E_ 9 Program service revenue art VIII, line 2 9 (P 9) .... ..49,804, 1,178,176. 1,104,511, > � 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d) -905,546, 525,869. 494, 380, 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 16c, and 11 e) 242,644,159, 248,542,813, 12 Total revenue -add lines 8 through 11 must equal Part Vlll column n, line 12 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3) 136,308,384, 148,307,104, 0. 0. 14 Benefits paid to or for members (Part IX, column (A), line 4) .' 61,262,719. 60,805,208. w 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 510) 16a Professional fundraising fees (Part IX, column (A), line 11 e)0. ....... ......... .......... 0. CL b Total fundraising expenses (Part IX, column (D), line 25) Ill. 323 898, 17 Other expenses (Part IX, column (A), lines 11a-11 d, 11f -24e) 45,149,883, 40,010,999, 242 720 986, 249 123 311, 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25) .. -76,827. -580,498. 19 Revenue less expenses. Subtract line 18 from line 12 .... `o Beginning of Current Year End of Year 51,706,909, 49,551,723, ti 20 Total assets (Part X, line 16) 39,858,027, 38,685,801, a 21 Total liabilities (Part X, line 26) ................................................................................. 11,848,882. 10,865,922. z 22 Net assets or fund balances. Subtract line 21 from line 20 .......................................... Part ii l ,Ignawre tfIOCK Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and comp t beclara�on r°f reparer (other than officer) is based on all information of which preparer has any knowledge. A / � 5/3/2021 Sign Signature ofd ceiff ceiff r Date Here ' ROBERT J. WYDRA JR,, CFO Type or print name and title Print/Type preparer's name Preparer's signatureDate Check PTIN if Paid JULIANA KREUL 5/03/21 self-employed 01204534 Preparer Firm's name RSM US LLP Firm's El 10, 42-0714325 Use Only Firm's address 7351 OFFICE PARK PLACE MELBOURNE FL 32940-8229 Phonen0.321-751-6200 May the IRS discuss this return with the preparer shown above? (see instructions)0 Yes 0 No ............................................................... 932001 01-20-20 LHA For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2019) Page 466 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 2 Part III Statement of Program Service Accomplishments Check if Schedule O contains a response or note to any line in this Part III.................................................................................... 0 1 Briefly describe the organization's mission: LUTHERAN SERVICES FLORIDA HELPS COMMUNITIES BUILD HEALTHIER HAPPIER AND HOPE—FILLED TOMORROWS BY IMPACTING THE LIVES OF 1 IN 50 FLORIDIANS THROUGH VARIOUS SERVICES OFFERED ACROSS THE STATE, 2 Did the organization undertake any significant program services during the year which were not listed on the priorForm 990 or 990-EZ?............................................................................................................................................. =Yes 0 No If "Yes," describe these new services on Schedule O. 3 Did the organization cease conducting, or make significant changes in how it conducts, any program services? .......... =Yes 0 No If "Yes," describe these changes on Schedule O. 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. 4a (Code: ) (Expenses$ 147,491,124. including grants of $ 143,327,438. ) (Revenues ) MANAGING ENTITY — FLORIDA HAS PRIVATIZED THE BEHAVIORAL HEALTH SAFETY NET, CREATING MANAGING ENTITIES TO ENSURE INDIVIDUALS WHO ARE UNINSURED UNDERINSURED OR INDIGENT HAVE ACCESS TO QUALITY MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES, THROUGH ITS SAMH MANAGING ENTITY,; LSF DEVELOPS, MANAGES AND OVERSEES A NETWORK OF 57 SERVICE PROVIDERS OVER A 23—COUNTY AREA, LSF HEALTH SYSTEMS, THROUGH ITS SERVICE NETWORK PROVIDED MENTAL HEALTH SERVICES TO OVER 36,700 INDIVIDUALS, SUBSTANCE ABUSE SERVICES TO MORE THAN 22,000 INDIVIDUALS AND PREVENTION SERVICES TO MORE THAN 1,222,000 INDIVIDUALS, WITHOUT THE SERVICES DELIVERED THROUGH LSF HEALTH SYSTEMS WHICH WERE IN GREATER DEMAND AS THE NATION GRAPPLED WITH A GLOBAL HEALTH PANDEMIC, CRITICAL BEHAVIORAL HEALTH NEEDS OF THOUSANDS OF VULNERABLE AND AT—RISK 4b (Code: )(Expenses$ 63 498 528, including grants of$ 4,031,815. ) (Revenue$ 17,377. ) CHILDREN'S SERVICES: HELPING CHILDREN BREAK THE CYCLE OF POVERTY AND REACH THEIR FULL POTENTIAL THROUGH HIGH—QUALITY EDUCATIONAL AND FAMILY—CENTERED PROGRAMS IS THE PRIMARY GOAL OF LSF'S CHILDREN'S SERVICES, THIS PAST YEAR LSF EDUCATED OVER 7,100 AT RISK CHILDREN AND HELPED THEIR FAMILIES THROUGH LSF'S EARLY HEAD START AND HEAD START CLASSES ALL ACROSS THE STATE OF FLORIDA, FACING THE CHALLENGES OF THE COVID-19 PANDEMIC, WE TRANSITIONED TO VIRTUAL SCHOOLING AND IMPLEMENTED CRITICAL ADJUSTMENTS TO PRIORITIZE THE SAFETY OF CHILDREN AND STAFF, UNDERSTANDING THAT FOOD SECURITY IS ESSENTIAL FOR FAMILY STABILITY AND FOR LEARNING LSF MAKES SURE THAT EVERY CHILD IN ITS HEAD START AND AFTER SCHOOL PROGRAMS RECEIVE HEALTHY, WELL-BALANCED MEALS EVERY DAY; WE SERVED OVER 3,670,342 MEALS AND SNACKS THROUGHOUT THE YEAR, THE FOOD 4C (Code: )(Expenses$ 20,703,992, including grants of$ 73,590. ) (Revenue$ YOUTH AND FAMILY SERVICES: WHEN FAMILY UNITS DISINTEGRATE DURING TIMES OF CRISIS AND CONFLICT LSF CASE MANAGERS AND SOCIAL WORKERS ARE THERE TO NOT ONLY PROTECT CHILDREN BUT TO HELP PRESERVE FAMILIES WHEN IT'S IN THE BEST INTEREST OF CHILDREN AND TO REUNIFY FAMILIES ONCE THEY HAVE STABILIZED, LSF'S FOCUS ON FAMILY PRESERVATION AND REUNIFICATION — WHENEVER POSSIBLE AND WHEN IT'S IN THE BEST OF INTEREST OF THE CHILD — TRANSLATES INTO AN ARRAY OF SERVICES TO HELP FAMILIES COPE AND RECOVER FROM TIMES OF CRISIS, IN THIS PAST YEAR LSF HELPED OVER 4,300 PEOPLE MOVE FROM CRISIS TO STABILITY THROUGH ITS YOUTH AND FAMILY SERVICES AND IMPLEMENTED VIRTUAL/TELEVISIT SOLUTIONS TO MEET CHALLENGES PRESENTED BY THE COVID-19 PANDEMIC, AS PART OF THIS WORK LSF RESIDENTIAL YOUTH SHELTERS AND GROUP HOMES PROVIDE A TEMPORARY SAFE HAVEN FOR YOUNG 4d Other program services (Describe on Schedule O.) (Expenses$ 9 252 272, including grants of$ 874 261, ) (Revenues 1,581,591.) 4e Total program service expenses 10. 240,945,916. Form 990 (2019) 932002 01-20-20 SEE SCHEDULE O FOR CONTINUATION(S ) Page 467 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 3 Part IV I Checklist of Required Schedules Yes No 1 Is the organization described in section 501 (c)(3) or 4947(a)(1) (other than a private foundation)? If"Yes, complete Schedule A............................................................................................................................................. 1 X 2 X 2 Is the organization required to complete Schedule 8, Schedule of Contributors?.................................................................. 3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? If "Yes, complete Schedule C, Part/ ............................................................................................................ 3 X 4 Section 5O1(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501 (h) election in effect during the tax year? If "Yes, " complete Schedule C, Part 11................................................................................................... 4 X 5 Is the organization a section 501 (c)(4), 501 (c)(5), or 501 (c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Revenue Procedure 98-19? If "yes, " complete Schedule C, Part 111 ......... .............. 5 X 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? If "yes, " complete Schedule D, Part 1 6 X 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? If "yes, " complete Schedule D, Part 11 .................... 7 X 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "yes, " complete Schedule D, Part 111 ......... 8 X 9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? If "Yes, " complete Schedule D, Part IV ........ ............. 9 X 10 Did the organization, directly or through a related organization, hold assets in donor-restricted endowments or in quasi endowments? If "yes, " complete Schedule D, Part V ........ 10 X 11 If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, VIII, IX, or X as applicable. a Did the organization report an amount for land, buildings, and equipment in Part X, line 10? If "yes, " complete Schedule D, PartVl .. ......... ......... .. _...<................................................................... iia X b Did the organization report an amount for investments - other securities in Part X, line 12, that is 5% or more of its total assets reported in Part X, line 16? If "yes, " complete Schedule D, Part V11.............X iib c Did the organization report an amount for investments - program related in Part X, line 13, that is 5% or more of its total assets reported in Part X, line 16? If "Yes," complete Schedule D, PartVIIIX iic d Did the organization report an amount for other assets in Part X, line 15, that is 5% or more of its total assets reported in Part X, line 16? If "yes, " complete Schedule D, Part IX ....... iid X 11e X e Did the organization report an amount for other liabilities in Part X, line 25? If "yes, " complete Schedule D, Part X .............. f Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? If "yes, " complete Schedule D, Part X ............ i if X 12a Did the organization obtain separate, independent audited financial statements for the tax year? If "yes, " complete Schedule D, Parts XI and X11 ......... ............. 12a X b Was the organization included in consolidated, independent audited financial statements for the tax year? If "Yes, " and if the organization answered No" to line 12a, then completing Schedule D, Parts XI and X11 is optional ............... 12b X 13 13 Is the organization a school described in section 17O(b)(1)(A)(ii)? If "yes, " complete Schedule E .......................................... X 14a 14a Did the organization maintain an office, employees, or agents outside of the United States? .............. X b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? If "Yes, complete Schedule F, Parts 1 and IV......................................................................................................... 14b X 15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? If "Yes, " complete Schedule F, Parts 11 and IV.................................................................................... 15 X 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? If "yes, 11complete Schedule F, Parts 111 and IV.............................................................................. 16 X 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11 e? If "Yes, " complete Schedule G, Part 1....................................................................................... 17 X 18 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1 c and 8a? If "Yes, complete Schedule G, Part 11............................................................................................................... 18 X 19 Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? If "Yes " complete Schedule G, Part 111 P 19 X 2Oa 2Oa Did the organization operate one or more hospital facilities? If "yes, " complete Schedule H................................................... X b If "Yes" to line 2Oa, did the organization attach a copy of its audited financial statements to this return? ..............................2Ob 21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? If "yes " complete Schedule 1 Parts 1 and 11.......................................... 21 X 932003 01-20-20 Form 990 (2019) Page 468 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 4 Part IV I Checklist of Required Schedules continued Yes No 22 Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? If "Yes, " complete Schedule 1, Parts 1 and 111.............................................................................. 22 X 23 Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5 about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? If "Yes, " complete Schedule J23 ........................................................................................................................................................................ X 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If "Yes, " answer lines 24b through 24d and complete ScheduleK. If "No " go to line 25a....................................................................................................................................... 24a X 24b b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? .............. c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? _........ 24c 24d d Did the organization act as an "on behalf of issuer for bonds outstanding at any time during the year? ., 25a Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. Did the organization engage in an excess benefit ; transaction with a disqualified person during the year? If "Yes, " complete Schedule L, Part 1 .... .............. 25a X b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990 EZ? If' yes, 11 complete Schedule L, Part 1 ......... ............. 25b X 26 Did the organization report any amount on Part X, line 5 or 22, for receivables from or payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons? If "Yes, " complete Schedule L, Part 11 ....................................... 26 X 27 Did the organization provide a grant or other assistance to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity (including an employee thereof) or family member of any of these persons? If "Yes, complete Schedule L, Part 111......... 27 X 28 Was the organization a party to a business transaction with one of the following parties (see Schedule L, Part IV instructions, for applicable filing thresholds, conditions, and exceptions): a A current or former officer, director, trustee, key employee, creator or founder, or substantial contributor? If "Yes, " complete Schedule L, Part IV ......... ............. 28a X 28b b A family member of any individual described in line 28a? If "Yes, complete Schedule L, Part IV . ..... .............. X c A 35% controlled entity of one or more individuals and/or organizations described in lines 28a or 28b? If "Yes, " complete Schedule L, Part IV ......... ............. 28c X 29 X 29 Did the organization receive more than $25,000 in non-cash contributions? If "Yes, " complete Schedule M ..................... 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If "Yes, " complete Schedule M ......... 30 X 31 31 Did the organization liquidate, terminate, or dissolve and cease operations? If "Yes, " complete Schedule N, Part 1 .............. X 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? If "Yes, " complete Schedule N, Part 11 ......... ............. 32 X 33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If "yes, complete Schedule P, Part 1 ......... ......... ......... ......... 33 X 34 Was the organization related to any tax-exempt or taxable entity? If "Yes, " complete Schedule P, Part 11, 111, or IV, and PartV, line 1 ................................................ .._. ............. 34 X 35a X 35a Did the organization have a controlled entity within the meaning of section 512(b)(13)?...................................................... b If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? If "Yes, " complete Schedule P, Part V, line 2 ......................................................... 35b 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non -charitable related organization? If "Yes, " complete Schedule P, Part V, line 2 P 36 X 37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If "Yes, " complete Schedule P, Part VI ........................ 37 X 38 Did the organization complete Schedule O and provide explanations in Schedule O for Part VI, lines 11 b and 19? Note: All Form 990 filers are required to complete Schedule O............................................................................................. 38 X Part V Statements Regarding Other IRS Filings and Tax Compliance Check if Schedule O contains a response or note to any line in this Part V 0 ................................................................................. Yes No 1 a Enter the number reported in Box 3 of Form 1096. Enter -0- if not applicable ................................. is 252 b Enter the number of Forms W-20 included in line 1 a. Enter -0- if not applicable .............................. ib 0 c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners?................................................................................................................................. is X 932004 01-20-20 Form 990 (2019) Page 469 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC. 59-2198911 Page 5 Part V I Statements Regarding Other IRS Filings and Tax Compliance (continued) 2a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return .............................. I 2a 1655 b If at least one is reported on line 2a, did the organization file all required federal employment tax returns? .... .......................... 2b X Note: If the sum of lines 1 a and 2a is greater than 250, you may be required to e -file (see instructions) ................................. 3a Did the organization have unrelated business gross income of $1,000 or more during the year? .......................................... 3a X 3b b If "Yes," has it filed a Form 990-T for this year? If "No" to line 3b, provide an explanation on Schedule O .............................. 4a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)? ..................... 4a X b If "Yes," enter the name of the foreign country 110 - See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR)., 5a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year?......... .. .. ........... 5a X 5b X b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? 1-1....... c If "Yes" to line 5a or 5b, did the organization file Form 8886-T? 6a Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? , ......... 6a X b If "Yes," did the organization include with every solicitation an express statement that such contributions: or gifts' were not tax deductible?6b 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? 7a X 7b X b If "Yes," did the organization notify the donor of the value of the goods or services provided? ........................................ c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required tofile Form 8282? ......... ......... ......... ......... ......... ......... ......... ......_j. ....... ......... ......... ............. 7c X d If "Yes," indicate the number of Forms 8282 filed during the year ................ e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? .... 7e X 7f X f Did the organization, during the year, pay premiums, directly or indirectly, on a'personal benefit contract? ........................... 7 g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? ... 7h In If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year? .............. 8 9 Sponsoring organizations maintaining donor advised funds. a Did the sponsoring organization make any taxable distributions under section 4966? .............. 9a 9b b Did the sponsoring organization make a distribution to a donor, donor advisor, or related person? .............. 10 Section 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on Part VIII, line 12 .. ......... .............. 10a b Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities .............. 10b 11 Section 501(c)(12) organizations. Enter: a Gross income from members or shareholders iia b Gross income from other sources (Do not net amounts, due or paid to other sources against amounts due or received from them.) ............. iib 12a Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041? 12a b If "Yes," enter the amount of tax-exempt interest received or accrued during the year .................. 12b 13 Section 501(c)(29) qualified nonprofit health insurance issuers. 13a a Is the organization licensed to issue qualified health plans in more than one state?............................................................... Note: See the instructions for additional information the organization must report on Schedule O. b Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans.................................................................. 13b c Enter the amount of reserves on hand.......................................................................................... 13c 14a X 14a Did the organization receive any payments for indoor tanning services during the tax year? 14b b If "Yes," has it filed a Form 720 to report these payments? If "No, " provide an explanation on Schedule O ........................... 15 Is the organization subject to the section 4960 tax on payment(s) of more than $1,000,000 in remuneration or excess parachute payment(s) during the year?..................................................................................................................... 15 X If "Yes," see instructions and file Form 4720, Schedule N. 16 Is the organization an educational institution subject to the section 4968 excise tax on net investment income? .................. 16 X If "Yes," complete Form 4720 Schedule O. Form 990 (2019) 932005 01-20-20 Page 470 of 574 Form 990 (2019) LUTHERAN SERVICES FLORIDA, INC, 59-2198911 Paae 6 Part VI Governance, Management, and Disclosure Foreach "Yes" response to lines 2 through 7b below, and fora "No" response to line 8a, 8b, or 1 O below, describe the circumstances, processes, or changes on Schedule O. See instructions. Check if Schedule O contains a response or note to any line in this Part VI................................................................................. 0 Section A. Governing Body and Management Yes No is Enter the number of voting members of the governing body at the end of the tax year is 10 If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain on Schedule 0. b Enter the number of voting members included on line 1 a, above, who are independent .................. 1b 10 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? 2 X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, trustees, or key employees to a management company or other person? 3 X 4 X 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? 5 5 Did the organization become aware during the year of a significant diversion of the organization's assets? .... X 6 Did the organization have members or stockholders? X 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? ..._X 7a b Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? 7b X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: a The governing body? ....... ......... .......__ .............................. 8a X 8b X b Each committee with authority to act on behalf of the governing body? .... 9 Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's mailing address? If "Yes " rovide the names and addresses on Schedule O .............. 9 X Section B. Policies his Section 8 reguests information about policies not re wired by the Internal Revenue Code. Yes No 10a 10a Did the organization have local chapters, branches, or affiliates? ........ ............... _.................................................... ........ X b If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? .............. 10b iia X iia Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? b Describe in Schedule O the process, if any, used by the organization to review this Form 990. 12a Did the organization have a written conflict of interest policy? If No, " go to line 13 ............................................................... 12a X 12b X b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes, " describe in Schedule O how this was done ................................................. 12c X 13 X 13 Did the organization have a written whistleblower policy? .... ... 14 X 14 Did the organization have a written document retention and destruction policy? ......... 15 Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? a The organization's CEO, Executive Director, or top management official .............. 15a X 15b X b Other officers or key employees of the organization ......... .......................... If "Yes" to line 15a or 15b, describe the process in Schedule O (see instructions). 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity 9 durin the year? 16a X b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arran ements?16b ............................................................................................................ Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be filed ,FL 18 Section 6104 requires an organization to make its Forms 1023 (1024 or 1024-A, if applicable), 990, and 990-T (Section 501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply. 0 Own website 0 Another's website 0 Upon request 0 Other (explain on Schedule O) 19 Describe on Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. 20 State the name, address, and telephone number of the person who possesses the organization's books and records 100 - ROBERT J. WYDRA JR, - 813-875-1408 3627 W. WATERS AVE,, TAMPA FL 33614 932006 01-20-20 Form 990 (2019) Page 471 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 7 Part VII Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors Check if Schedule O contains a response or note to any line in this Part VII 0 ................................................................................. Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees is Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. • List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. • List all of the organization's current key employees, if any. See instructions for definition of "key employee." • List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who received report- able compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC) of more than $100,000 from the organization and any related organizations. • List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. • List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. See instructions for the order in which to list the persons above. F-1 Check this box if neither the oraanization nor anv related oraanization compensated anv current officer. director. or trustee. (A) Name and title (B) Average hours per week Qist any hours for related organizations below line) (C) Position (do not check more than one box, unless person is both an officer and a director/trustee) (D) Reportable compensation from the organization (W-2/1099-MISC) (E) Reportable compensation from related organizations (W-2/1099-MISC) (F) Estimated amount of other compensation from the organization and related organizations h - _ _ -2 - 1 o a o (1) WILLIAM HORNE CHAIR 2,00 X X 0. 0. 0. (2) FRED KRAEGEL VICE CHAIR 2,00 X X 0. 0. 0. (3) LAUREL MARC -CHARLES, ESQ SECRETARY 2,00 X X 0, 0, 0, (4) ALONZO BATSON, JR, TREASURER 2,00 X X 0, 0, 0, (5) LORENZO COBIELLA DIRECTOR 1,00 X 0, 0, 0, (6) SUSAN SCROGGINS DIRECTOR 2,00 X 0, 0, 0, (7) ZINA HAMILTON DIRECTOR 1.00 X 0, 0, 0, (8) RUDY KOHLER DIRECTOR 1,00 X 0. 0. 0. (9) REV, JAMES ROCKEY DIRECTOR 1;00 X 0. 0. 0. (10) CHRISTOPHER DANFORD DIRECTOR 1,00 X 0. 0. 0. (11) SAMUEL M. SIPES PRESIDENT AND CEO 45,00 X 349 058, 0, 15,173. (12) ROBERT J. WYDRA, JR, CFO 45,00 X 184 498, 0, 24,037. (13) CHRISTINE A. CAUFFIELD CEO & EXEC VP SAMH 45,00 X 227 472, 0, 12,772. (14) MICHAEL P. CARROLL EXEC VP OF OPERATIONS 45,00 X 222 579, 0, 13,316. (15) AMELIA FOX CSO 45,00 X 184 423, 0, 23,492. (16) PHILIP HUBBELL EXEC VP HR 45,00 X 183 198, 0, 23,993. (17) ROBERT BIALAS EVP CHILDREN & HS SERV 45,00 X 164 669, 0, 5,365. 932007 01-20-20 Form 990 (2019) Page 472 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 8 Part VII ICartinn A nfficars niractnrs TriiQta_a_4 Wait Fmninvaas nnri Winhast `mmnansatari Fmninvaas (A) Name and title (B) Average hours per week (iist any hours for related organizations below line) (C) Position boo not person is both an officer and a director/trustee) (D) Reportable compensation from organization (W-2/1099-MISC) (E) Reportable compensation from related organizations (W-2/1099-MISC) (F) Estimated amount of other compensation from the organization and related organizations 8the - - _ - - = s a o 8 E (18) LISA GALBRAITH CORPORATE CONTROLLER 45,00 HILL BLVD A-323 WEST PALM BEACH FL 33406 CHILD SERVICES 4,413,184. X DUVAL COUNTY SCHOOL BOARD, 1701 PRUDENTIAL 149,339, 0, 3,783, (19) MARIE MASON VP OPERATIONS 45,00 SERVICES 2,132,906. HISPANIC HUMAN RESOURCES, 1427 S. GONGRESS X 142 742, 0, 9,241. CHILD (20) ANNE K. MADSEN CFO SUBSTANCE ABUSE & MENTAL HEALTH 45,00 R'CLUB CHILD CARE INC X 123,663. 0, 10,094. 1,523,795. (21) KAREN JOSEPH (HUTCHINS) VP OF HR AND ORG DEV 45,00 X IcHILD 114,818.', 0, 11,939. 2 Total number of independent contractors (including but not limited to those listed (22) DUSTY B. PYE CIO 45,00 $100,000 of compensation from the organization No- 44 X 116,478„ 0, 9,794. (23) ARTHUR MATTHEW ROSEN VP & GENERAL COUNSEL (THRU 11/19) 45,00 X 146,485, 0, 15,260, (24) SHELLEY KATZ COO LSF HEALTH SYSTEMS (THRU 05/20) 45,00 X 141,584, 0, 10,670. 1b Subtotal_ c Total from continuation sheets to Part VII, Section A .......0 d Total add lines ib and is ......... ......... ......... ......... ............. 111110. �, 2,451,006. 0. 188,929, . 0. 0. 2,451,006, 0, 188,929, 2 Total number of individuals (including but not limited to compensation from the organization Ilio - 3 4 5 Sect Did the organization list any former officer, director, truste( line 1 a? If "yes, " complete Schedule J for such individual For any individual listed on line 1a, is the sum of reportable and related organizations greater than $150,000? If +yes " Did any person listed on line 1 a receive or accrue compens rendered to the organization? If "yes. COMDlete Schedule ion B. Independent Contractors received more than $100,000 of reportable or highest compensated employee on )ensation and other compensation from the organization Mete Schedule J for such individual ........ ......... ......... from any unrelated organization or individual for services 24 Yes No 3 X 4 X ......... ......... ......... .............. 1 5 1 Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from tha nrnani7atinn Rannrt cmmnan.¢atinn fnr tha calanrlar vaar anrlinn with nr within tha nrnani7atinn'.¢ tax vaar X (A) (B) (C) Name and business address Description of services Compensation SCHOOL DISTRICT OF PALM BEACH, 2300 FORST HILL BLVD A-323 WEST PALM BEACH FL 33406 CHILD SERVICES 4,413,184. DUVAL COUNTY SCHOOL BOARD, 1701 PRUDENTIAL DRIVE JACKSONVILLE FL 32207 CHILD SERVICES 2,132,906. HISPANIC HUMAN RESOURCES, 1427 S. GONGRESS AVE WEST PALM BEACH FL 33406 CHILD SERVICES 2,132,286. R'CLUB CHILD CARE INC 4140 49TH ST NORTH ST PETERSBURG FL 33709 FHILD SERVICES 1,523,795. FLORENCE FULLER CHILD DEVELOPMENT CENTER 20ONE 14TH STREET BOCA RATON FL 33432 IcHILD SERVICES 1,499,588. 2 Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization No- 44 Form 990 (2019) 932008 01-20-20 Page 473 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 9 Part VIII Statement of Revenue (.hock if Rcharf do () —ntninc n r— nn— nr nnto to nnv lino in thic Part VIII 932009 01-20-20 Form 990 (2019) Page 474 of 574 ........................................................................... (A) (B) (C) (D) Total revenue Related or exempt Unrelated Revenue excluded function revenue business revenue from tax under sections 512 - 514 1 a Federated campaigns is 141,203. ............... 0 b Membership dues ib E c Fundraising events is 4,703. N C7 = ..................... d Related organizations id w E e Government grants (contributions) ie 244 881 967, o f All other contributions, gifts, grants, and %j/ .0 « similar amounts not included above if 2,821,595. ;= �� 1,643,192. 9i Noncash conhibutions included in lines 1a -1f 1 $j/jj/// o h Total. Add lines 1a -1f 247,849,468. �O�oiom Business Code Ell 742,412, - 742,412, 0) 2 a GUARDIANSHIP SERVICES 624200 v i b RESETTLEMENT SERVICES 624200 344,722, 344,722, c C MANAGEMENT FEE 611710 17,377. 17,377, G? �� i d °f 0 e i o_ f All other program service revenue Total. Add lines 2a -2f ......... .... ...... ........... 10. 1,104,511. 3 Investment income (including dividends, interest, and other similar amounts) 10. 60,218. 60,218. 4 Income from investment of tax-exempt bond proceeds 10. 5 Royalties ... ......... ......... ......... ......... .......... 100- (i) Real (ii) Personal 6 a Gross rents 6a 14,779. b Less: rental expenses ... 6b 0 c Rental income or (loss) 6c 14,779. 14,779, 14,779, d Net rental income or Qoss) 100- 7 a Gross amount from sales of (i) Securities (ii) Other assets other than inventory 7a 829 592, 34,400, Ajao b Less: cost or other basis and sales expenses _________ 7b 809 272, 1,020,484, c Gain or Qoss) 7c 20,320, 986,084, p� d Net gain or Qoss) .... ......... ......... ....... ......._._ ` -965,764, -965,764, t8 a Gross income from fundraising events (not p including$ 4,703. of contributions reported on line 1c). See Part IV, line 18 ................... 8a 0. b Less: direct expenses _ 8b' 77. -77, -77, c Net income or Qoss) from fundraising events ............... 100- 9 a Gross income from gaming activities. See Part IV, line 19 .................................... 9a b Less: direct expenses ........................ 9b c Net income or Qoss) from gaming activities .................. 100- 10 a Gross sales of inventory, less returns and allowances .................................... 10 b Less: cost of goods sold ..................... 10b c Net income or oss from sales of invento .................. 10. Business Code N p 11 a MISCELLANEOUS REVENUE 900099 479 678, 479 678, d b d c w d All other revenue e Total. Add lines 11 a -11d 10- 479,678, 12 Total revenue. See instructions 10.248,542,813, 1,598 968.1 0, -905 623, 932009 01-20-20 Form 990 (2019) Page 474 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 10 Part IX I Statement of FunctionalExpenses Section 501(c)(3) and 501(c)(4) organizations must complete all columns. All other organizations must complete column (A). Chock if Rcharli ila C) cnntain.¢ a ra.¢nnn.¢a nr nnta to anv lino in thi.¢ Part IX n Do not include amounts reported on lines 6b, 7b, 8b, 9b, and 1 O of Part VIII. (A) Total expenses .............................................................................. Program service expenses (C) Management and general expenses (D) Fundraising expenses 1 2 3 4 5 6 7 8 9 10 11 a b c d e f g 12 13 14 15 16 17 18 19 20 21 22 23 24 a b C d e 25 Grants and other assistance to domestic organizations and domestic governments. See Part IV, line 21 Grants and other assistance to domestic individuals. See Part IV, line 22..................... Grants and other assistance to foreign organizations, foreign governments, and foreign individuals. See Part IV, lines 15 and 16j�, Benefits aid to or for members ..................... p Compensation of current officers, directors, trustees, and key employees ________ Compensation not included above to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) Other salaries and wages Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) Other employee benefits Payroll taxes Fees for services (nonemployees): Management Legal............................................................ Accounting _________ Lobbying Professional fundraising services. See Part IV, Zine 17�%�, Investment management fees Other. (If line 11g amount exceeds 10% of line 25, column (A) amount, list line 11g expenses on Sch 0.) Advertising and promotion Office expenses___ Information technology Royalties Occupancy Travel1,689 .. ......... ......... ......... .......... Payments of travel or entertainment expenses for any federal, state, or local public officials Conferences, conventions, and meetings Interest Payments to affiliates .................................... Depreciation, depletion, and amortization Insurance ................................................... Other expenses. Itemize expenses not covered above (List miscellaneous expenses on line 24e. If line 24e amount exceeds 10% of line 25, column (A) amount, list line 24e expenses on Schedule 0.) FOOD PURCHASES IN-KIND SUPPLIES & FOOD STAFF RECRUITMENT OTHER PROGRAM ACTIVITIE All other expenses Total functional expenses. Add lines 1 through 24e 143 327 438, 143 327 438, 4,979,666, 4,979,666, � 2,267,817, 765,432, 1,502,385. 46,953,324, 43,998,104. 2,768,829, 186,391, 877 728. 830,309. 42,160. 5,259. 6,986,261, 6,578,978., 376,665, 30,618, 3,720,078, 3,395,945, 310,653, 13,480, 202,983. 186,558. 16,425, 356,184, 356,184, 28,000. 28,000, 19,113. 19,113. 23,223,155, 23 053 935, 149 382, 19,838. 27,162, 21,080, 6,082, 2,574,450. 1,966,188, 588,193, 20,069, 746,870, 495,355, 225,001, 26,514, 5,212 973, 4,429,153. 774 350, 9,470. 738, 1,613,712. 69 605, 6,421. 510 747, 435 752, 70,199. 4,796. 282,174, 111,875, 170,299, 765 575, 544 685, 220 890, 728 578, 646 085, 81,470. 1,023. 1,802,959. 1802959, 1,643,192. 1643192, 44,415. 19,839. 24,576. 7,526. 7,526. 145 205, 92,150. 53,036. 19, 249 123 311, 240 945 916, 7,853,497. 323 898, 26 Joint costs. Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here , = if following SOP 98-2 (ASC 958-720) 932010 01-20-20 Form 990 (2019) Page 475 of 574 019) LUTHERAN SERVICES FLORIDA INC. 59-2198911 Page 11 ance (:hock if Rcharf do () r ntninc n r—nnn— nr nnto to nnv lino in thic Part X Form 990 (2019) 932011 01-20-20 Page 476 of 574 ....................................................................................... (A) (B) Beginning of year End of year 1 Cash - non-interest-bearing 1,848,616. 1 2,779,697. 2 10,863,828. 2 Savings and temporary cash investments12,326,104. ...................................................... 3 20,673,268. 3 Pledges and grants receivable, net20,648,444. ............................................................... 4 593,691. 4 Accounts receivable, net306,870. .............................................................................. 5 Loans and other receivables from any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons .................. 5 6 Loans and other receivables from other disqualified persons (as defined �jl under section 4958(f)(1)), and persons described in section 4958(c)(3)(13) ...... 6 7 w 7 Notes and loans receivable, net ........ ......... ......... ......... .................. ai N.... Q 8 9 Inventories for sale or use8 ......... ......... ......... ......... .................. expenses Prepaid ex and deferred charges p p 9 934, 550. 9 1,049,757. 10a Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D 10a 12,442,490. �j // b Less: accumulated depreciation .................. 10b 7,786,257. 6 082,882. 10c 4,656,233. 955,432. 11 1,000,392. 11 Investments - publicly traded securities 12 12 Investments - other securities. See Part IV, line 11 .................. 13 13 Investments - program -related. See Part IV, line 11 .... ......... ......... 14 14 Intangible assets ......... 8,604,011. 15 7,934,857. 15 Other assets. See Part IV, line 11 51,706,909. i6 49 , 551, 723. 16 Total assets. Add lines 1 through 15 must equal line 33 .............................. 17 Accounts payable and accrued expenses 26,017,802. 17 30,594,706. 18 18 Grants payable ....... ......... ......... ......... ......... ......... 848 087. 19 3,639,964. 19 Deferred revenue8 20 20 Tax-exempt bond liabilities ......... ......... ......... ......... ........ 21 21 Escrow or custodial account liability. Complete Part IV of Schedule D „ ; 1 ..... w d +_. 22 Loans and other payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons 22 2,765,842. 23 2,590,959. J 23 Secured mortgages and notes payable to unrelated third parties ................. 24 24 Unsecured notes and loans payable to unrelated third parties .................. 25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D2,226,296. ............................................ ..................................... 25 1,860,172. 39,858,027. 26 38,685,801. 26 Total liabilities. Add lines 17through 25 ...._ ............... Organizations that follow FASB A 958, check here 10-0 a 27 and complete lines 27, 28, 32, and 33. Net assets without donor restrictions ..................27 1,873,808. 2,084,811. 9,975,074. 28 8,781,111. W 28 Net assets with donor restrictions c 0 LL i Organizations that do not follow FASB ASC 958, check here 100- 0 and complete lines 29 through 33. C 29 Capital stock or trust principal, or current funds 29 30 r ID Q 30 31 Paid -in or capital surplus, or land, building, or equipment fund ........................ Retained earnings, endowment, accumulated income, or other funds ............ 31 11,848,882. 32 10,865,922. Z 32 33 Total net assets or fund balances .................................................................. Total liabilities and net assets/fund balances ................................................ 51,706,909. 33 49 , 551, 723. Form 990 (2019) 932011 01-20-20 Page 476 of 574 Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 12 Part XI Reconciliation of Net Assets Check if Schedule O contains a response or note to anv line in this Part XI.................................................................................... n 1 Total revenue (must equal Part VIII, column (A), line 12) .............................................................. 2 Total expenses (must equal Part IX, column (A), line 25) .............................................................. 3 Revenue less expenses. Subtract line 2 from line 1 .................................................................... 4 Net assets or fund balances at beginning of year (must equal Part X, line 32, column (A)) .............. 5 Net unrealized gains Qosses) on investments .............................................................................. 6 Donated services and use of facilities 7 Investment expenses .................................................................................................................. 8 Prior period adjustments 9 Other changes in net assets or fund balances (explain on Schedule O) 10 Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 32, column (B)) ......... Part XII Financial Statements and Reporting Check if Schedule O contains a response or note to any line in this Part XII ............................ ....... ......................................... 0 Yes I No 1 Accounting method used to prepare the Form 990: 0 Cash 0 Accrual 0 Other If the organization changed its method of accounting from a prior year or checked "Other, explain in Schedule O. 2a Were the organization's financial statements compiled or reviewed by an independent accountant? If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: 0 Separate basis 0 Consolidated basis 0 Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? If "Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: 0 Separate basis 0 Consolidated basis 0 Both consolidated and separate basis c If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? If the organization changed either its oversight process or selection process during the tax year, explain on Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-1 33? b If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits explain why on Schedule O and describe an steps taken to undergo such audits ................. 932012 01-20-20 1 248 542 813, 2 249 123 311, 3 -580,498. X 4 11 848 882, 5 11,421. 6 -392,156. X 7 8: 9 -21,727. 10 10,865,922, Part XII Financial Statements and Reporting Check if Schedule O contains a response or note to any line in this Part XII ............................ ....... ......................................... 0 Yes I No 1 Accounting method used to prepare the Form 990: 0 Cash 0 Accrual 0 Other If the organization changed its method of accounting from a prior year or checked "Other, explain in Schedule O. 2a Were the organization's financial statements compiled or reviewed by an independent accountant? If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: 0 Separate basis 0 Consolidated basis 0 Both consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? If "Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: 0 Separate basis 0 Consolidated basis 0 Both consolidated and separate basis c If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? If the organization changed either its oversight process or selection process during the tax year, explain on Schedule O. 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-1 33? b If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits explain why on Schedule O and describe an steps taken to undergo such audits ................. 932012 01-20-20 Form 990 (2019) Page 477 of 574 2a X 2b X 2c X 3a X 3b X Form 990 (2019) Page 477 of 574 SCHEDULE A Public Charity Status and Public Support OMB No. 1545-0047 (Form 990 or 990 -EZ) 2019 Complete if the organization is a section 501(c)(3) organization or a section 4947(a)(1) nonexempt charitable trust. Department of the Treasury 1111io- Attach to Form 990 or Form 990 -EZ. Open to Public Internal Revenue Service Inspection � Go to www.irs.gov/Form990 for instructions and the latest information. p Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 Part I I Reason for Public Charity Status (All organizations must complete this part.) See instructions. The organization is not a private foundation because it is: (For lines 1 through 12, check only one box.) 1 0 A church, convention of churches, or association of churches described in section 170(b)(1)(A)(i). 2 0 A school described in section 170(b)(1)(A)(ii). (Attach Schedule E (Form 990 or 990 -EZ).) 3 0 A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)(iii). 4 0 A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(iii). Enter the hospital's name, city, and state: 5 0 An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1)(A)(iv). (Complete Part II.) 6 0 A federal, state, or local government or governmental unit described in section 170(b)(1)(A)(v). 7 0 An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi). (Complete Part II.) 8 0 A community trust described in section 170(b)(1)(A)(vi). (Complete Part II.) 9 0 An agricultural research organization described in section 170(b)(1)(A)(ix) operated in conjunction with a land-grant college or university or a non -land-grant college of agriculture (see instructions). Enter the name, city, and state of the college or university: 10 0 An organization that normally receives: (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions - subject to certain exceptions, and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.) 11 0 An organization organized and operated exclusively to test for public safety. See section 509(a)(4). 12 0 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2). See section 509(a)(3). Check the box in lines 12a through 12d that describes the type of supporting organization and complete lines 12e, 12f, and 12g. a 0 Type I. A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving the supported organization(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization. You must complete Part IV, Sections A and B. b 0 Type II. A supporting organization supervised control or management of the supporting org, organization(s). You must complete Part IV, c 0 Type III functionally integrated. A supportin its supported organization(s) (see instructions, d 0 Type III non -functionally integrated. A supe n connection with its supported organization(s), by having d in the same persons that control or manage the supported d C. operated in connection with, and functionally integrated with, complete Part IV, Sections A, D, and E. operated in connection with its supported organization(s) that is not functionally integrated. The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). You must complete Part IV, Sections A and D, and Part V. e 0 Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type III non -functionally integrated supporting organization. f Enter the number of supported organizations q Provide the followinq information about the supported orqanization(s). (i) Name of supported organization (ii) EIN (iii) Type of organizationry (described on lines 1-10 above see instructions)) s e organiza ion listed in your governinQ document? (v) Amount of monetary support (see instructions) (vi) Amount of other support (see instructions) Yes No Total LHA For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ. 932021 09-25-19 Schedule A (Form 990 or 990 -EZ) 2019 Page 478 of 574 Schedule A Form 990 or 990-E 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 2 Part II Support Schedule for Organizations Described in Sections 170 b 1 A iv and 170 b 1 A vi (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.) Section A. Public Support Calendar year (or fiscal year beginning in) 10- a 2015 b 2016 c 2017 d 2018 e 2019 f Total dividends, payments received on 1 Gifts, grants, contributions, and membership fees received. (Do not securities loans, rents, royalties, include any"unusual grants.") 203 554 716, 211 255 224, 216 785 220, 240 890 310, 247 849 468, 1120334938, 56,252, 65,357. 74,997. 373 012, 9 Net income from unrelated business 2 Tax revenues levied for the organ- ization's benefit and either paid to activities, whether or not the or expended on its behalf business is regularly carried on ... 3 The value of services or facilities furnished by a governmental unit to Other income. Do not include gain the organization without charge or loss from the sale of capital 203 554 716, 211 255 224, 216 785 220, 240,890,310. 247 849 468, 1120334938, 4 Total. Add lines 1 through 3 5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) .................................... 479,678, 1,653,883, p� ' j �h %/ %O %;m �, 6 Public support. subtract line 5 from line 4. 1122361833. 12 Gross receipts from related activities, etc. (see instructions) 1120334938. Section tf. I otal Support Calendar year (or fiscal year beginning in) POP- a 2015 b 2016 (2 12017 d 2018 e 2019 f Total 7 Amounts from line 203 554 716, 211 255 224, 216,785 220, 240 890 310, 247 849 468, 1120334938, 8 Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources 34,818. 141,588, 56,252, 65,357. 74,997. 373 012, 9 Net income from unrelated business activities, whether or not the business is regularly carried on ... 10 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) 99,793, 403,806, 139,067, 1 531,539, 479,678, 1,653,883, 11 Total support. Add lines 7 through 10 %;m �, 1122361833. 12 Gross receipts from related activities, etc. (see instructions) 12 8,653,964. 13 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here ......... ......... ......... ......... ......... ......... ............... Mo. 0 Section G. GorriDutation of Public SUDDort Percentaae 14 Public support percentage for 2019 Qine 6, column (f) divided byline 11, column (f)) .................................... 1 141 99.82 % 15 Public support percentage from 2018 Schedule A, Part II, line 14 ........ 1 151 99.86 % 16a 33 1/3% support test - 2019. If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box and stop here. The organization qualifies as a publicly supported organization 100. 0 R b 33 1/3% support test - 2018. If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this box and stop here. The organization qualifies as a publicly supported organization10.0 .................................................................................... 17a 10% -facts-and-circumstances test - 2019. If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the "facts -and -circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts -and -circumstances" test. The organization qualifies as a publicly supported organization ............................................. 100. 0 b 10% -facts-and-circumstances test - 2018. If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the "facts -and -circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts -and -circumstances" test. The organization qualifies as a publicly supported organization ........................ Mo. 0 18 Private foundation. If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see instructions ......... 1110- Schedule ► Schedule A (Form 990 or 990 -EZ) 2019 932022 09-25-19 Page 479 of 574 Schedule A Form 990 or 990-E 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 3 Part III Support Schedule for Organizations Described in Section 509 a 2 (Complete only if you checked the box on line 10 of Part I or if the organization failed to qualify under Part 11. If the organization fails to qualify under the tests listed below, please complete Part 11.) Section A. Public Support Calendar year (or fiscal year beginning in) Poo- a 2015 b 2016 c 2017 d 2018 e 2019 f Total 1 Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") 2 Gross receipts from admissions, merchandise sold or services per- formed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose 3 Gross receipts from activities that are not an unrelated trade or bus- iness under section 513 4 Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf 5 The value of services or facilities furnished by a governmental unit to the organization without charge 6 Total. Add lines 1 through 5 ......... 7a Amounts included on lines 1, 2, and 3 received from disqualified persons b Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year c Add lines 7a and 7b 8 Public support. Subtract line 7c from line 6. Section B. Total Support Calendar year (or fiscal year beginning in) POP- a 2015 b 2016 c 2017 d 2018 e 2019 f Total 9 Amounts from line 6 ..................... 10a Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources b Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975 c Add lines 10a and 10b .................. 11 Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on ......... ......... 12 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) 13 Total support. (Add lines 9, 100, 11, and 12.) 14 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, checkthis box and stop here............................................................................................................................................................ 10. 0 Section C. Computation of Public Support Percentage 15 Public support percentage for 2019 Qine 8, column (f), divided byline 13, column (f)) .................................15 % 16 Public support percentage from 2018 Schedule A, Part III, line 15............................................................ 16 % Section D. Computation of Investment Income Percentage 17 Investment income percentage for 2019 Qine 10c, column (f), divided by line 13, column (f)) ........................ 17 % 18 Investment income percentage from 2018 Schedule A, Part III, line 17 ...................................................... 18 % 19a 33 1/3% support tests - 2019. If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization .............................. 10o. 0 b 33 1/3% support tests - 2018. If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3%, and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization ............ 10. 0 20 Private foundation. If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions ........................ I► n 932023 09-25-19 Schedule A (Form 990 or 990 -EZ) 2019 Page 480 of 574 Schedule A Form 990 or 990-E 2019 LUTHERAN SERVICES FLORIDA INC. 59-2198911 Page 4 Part IV Supporting Organizations (Complete only if you checked a box in line 12 on Part I. If you checked 12a of Part I, complete Sections A and B. If you checked 12b of Part I, complete Sections A and C. If you checked 12c of Part I, complete Sections A, D, and E. If you checked 12d of Part I, complete Sections A and D, and complete Part V.) Section A. All Supporting Organizations 1 Are all of the organization's supported organizations listed by name in the organization's governing documents? If "No, " describe in Part VI how the supported organizations are designated. If designated by class or purpose, describe the designation. If historic and continuing relationship, explain. 2 Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? If "yes, " explain in Part VI how the organization determined that the supported organization was described in section 509(a)(1) or (2). 3a Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? If "yes, " answer (b) and (c) below. b Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? If "yes, " describe in Part VI when and how the organization made the determination. c Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(E purposes? If "yes, " explain in Part VI what controls the organization put in place to ensure such use. 4a Was any supported organization not organized in the United States ("foreign supported organization")? ,If "Yes, " and if you checked 12a or 12b in Part 1, answer (b) and (c) below. b Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? If "yes, " describe in Part VI how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations. c Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? If "yes, " explain in Part VI what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(8) purposes. 5a Did the organization add, substitute, or remove any supported organizations during the tax year? If "yes," answer (b) and (c) below (if applicable). Also, provide detail in F numbers of the supported organizations added, substituted, or (iii) the authority under the organization's organizing document was accomplished (such as by amendment to the organizing d( b Type I or Type II only. Was any added or substituted supporta designated in the organization's organizing document? c Substitutions only. Was the substitution the result of an evert' 6 Did the organization provide support (whether in anyone other than (i) its supported organizations, benefited by one or more of its supported organi: support or benefit one or more of the filing organi Part VI. form of ling (i) the names and EIN the reasons for each such action; rch action; and (iv) how the action part of a class already and the organization's control? or the provision of services or facilities) to ividuals that are part of the charitable class or (iii) other supporting organizations that also 's supported organizations? If "yes, " provide detail in 7 Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (as defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? If "yes, " complete Part 1 of Schedule L (Form 990 or 990-E4. 8 Did the organization make a loan to a disqualified person (as defined in section 4958) not described in line 7? If "Yes, " complete Part 1 of Schedule L (Form 990 or 990-E4. 9a Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? If "yes, " provide detail in Part VI. b Did one or more disqualified persons (as defined in line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? If "yes, " provide detail in Part VI. c Did a disqualified person (as defined in line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? If "yes, " provide detail in Part VI. 10a Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non -functionally integrated supporting organizations)? If "yes, " answer 10b below. b Did the organization have any excess business holdings in the tax year? (Use Schedule C, Form 4720, to 932024 09-25-19 1'm■010 3a 4b 4c 5c 10a 10b Schedule A (Form 990 or 990 -EZ) 2019 Page 481 of 574 Schedule A Form 990 or 990-E 2019 LUTHERAN SERVICES FLORIDA INC. 59-2198911 Page 5 Part IV I Supporting Organizations irnntin„PHi 11 Has the organization accepted a gift or contribution from any of the following persons? a A person who directly or indirectly controls, either alone or together with persons described in (b) and (c) below, the governing body of a supported organization? iia b A family member of a person described in (a) above? iib c A 35% controlled entity of a person described in a orb above? If "yes" to a b or c rovide detail in Part VI. 11c Section B. Type I Supporting Organizations 1 Did the directors, trustees, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's directors or trustees at all times during the tax year? If "No, " describe in Part VI how the supported organization(s) effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove directors or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. 2 Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? If "yes, " explain in Part VI how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised. or controlled the SUDDortina organization. Section C. Tvpe II SuDDorti Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)? If "No, " describe in Part VI how control or management of the supporting organization was vested in the same persons that controlled or managed Section D. All Type III Supporting Organizations 1 Did the organization provide to each of its supported organizations, fifth month of the organization's tax year, () a written notice describing the type and amount of support provided during the prior tax year, (i) a copy of the Form 990 that was most recently filed as of the date of notification, and (ii) copies of the organization's governing documents in effect on the date of notification, to the extent not previously provided? 2 Were any of the organization's officers, directors, or trustees either (i). appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? If "No, " explain in Part VI how the organization maintained a close and continuous working relationship with the supported organization(s). 3 By reason of the relationship described in (2), did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax in Part VI the role the organization's Section E. Type III Functionally Integrated' Supporting Organizations 1 Check the box next to the method that the organization used to satisfy the Integral Part Test during the year (see instructions). a 0 The organization satisfied the Activities Test. Complete line 2 below. b 0 The organization is the parent of each of its supported organizations. Complete line 3 below. c 0 The organization supported a governmental entity. Describe in Part VI how you supported a government entity (see instr 2 Activities Test. Answer (a) and (b) below. a Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? If "yes, " then in Part VI identify those supported organizations and explain how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities. b Did the activities described in (a) constitute activities that, but for the organization's involvement, one or more of the organization's supported organization(s) would have been engaged in? If "yes," explain in Part VI the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organization's involvement. 3 Parent of Supported Organizations. Answer (a) and (b) below. a Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Provide details in Part VI. b Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each of its supported organizations? If "Vac " r/acrriha in Part VI 932025 09-25-19 1'm■k!0 30 Schedule A (Form 990 or 990 -EZ) 2019 Page 482 of 574 Schedule A Form 990 or 990-E 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 6 Part V I Type III Non -Functionally Integrated 509(a)(3) Supporting Organizations 1 0 Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970 (explain in Part VI). See instructions. All other Type III non -functionally inteqrated supportinq orqanizations must complete Sections A throuqh E. Section A - Adjusted Net Income (A) Prior Year (B) Current Year (optional) 1 Net short-term capital gain 1 2 Recoveries of prior -year distributions 2 3 Other gross income see instructions 3 4 Add lines 1 through 3. 4 5 Depreciation and depletion 5 6 Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income see instructions 6 7 Other expenses see instructions 7 8 Adjusted Net Income subtract lines 5 6 and 7 from line 4 8 Section B - Minimum Asset Amount (A) Prior Year (B) Current Year (optional) 1 Aggregate fair market value of all non -exempt -use assets (see instructions for short tax year or assets held for part of year): %I a Average monthly value of securities is b Average monthly cash balances 1b c Fair market value of other non -exempt -use assets is d Total add lines 1 a 1b, and 1c) 1d e Discount claimed for blockage or other factors (explain in detail in Part VI): 1- 0 2 Acquisition indebtedness applicable to non -exempt -use assets 2 3 Subtract line 2 from line 1 d. 3 4 Cash deemed held for exempt use. Enter 1-112% of line 3 (for greater amount, see instructions). 4 5 Net value of non -exempt -use assets subtract line 4 from line 3 5 6 Multiply line 5 b .035. 6 7 Recoveries of prior -year distributions 7 8 Minimum Asset Amount add line 7 to line 6 8 Section C - Distributable Amount Current Year 1 Adjusted net income for prior year from Section A line 8 Column A 1 2 Enter 85% of line 1. 2 3 Minimum asset amount for prior year from Section B line 8 Column A 3 4 Enter greater of line 2 or line 3. 4 5 Income tax imposed in prior year 5 6 Distributable Amount. Subtract line 5 from: line 4, unless subject to emergency temporary reduction see instructions), 6 7 0 Check here if the current year is the organization's first as a non -functionally integrated Type III supporting organization (see instructions). Schedule A (Form 990 or 990 -EZ) 2019 932026 09-25-19 Page 483 of 574 Schedule A Form 990 or 990-E 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 7 Part V I Type III Non -Functionally Integrated 509(a)(3) Supporting Organizations (nnntin„ar/) Section D - Distributions Current Year 1 Amounts paid to supported organizations to accomplish exempt purposes 2 Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity 3 Administrative expenses paid to accomplish exempt purposes of supported organizations 4 Amounts paid to acquire exempt -use assets 5 Qualified set-aside amounts(prior IRS approval required) 6 Other distributions describe in Part VI). See instructions. 7 Total annual distributions. Add lines 1 through 6. 8 Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions. 9 Distributable amount for 2019 from Section C line 6 10 Line 8 amount divided by line 9 amount Section E - Distribution Allocations (see instructions) (I) Excess Distributions Underdistributions Pre -2019 Distributable Amount for 2019 1 Distributable amount for 2019 from Section C line 6 2 Underdistributions, if any, for years prior to 2019 (reason- able cause required- explain in Part VI). See instructions. 3 Excess distributions carryover, if any,to 2019 �,��% a From 2014 /M1F b From 2015 c From 2016 d From 2017 41AW e From 2018 /K ASK f Total of lines 3a through e Applied to underdistributions of prior years h Applied to 2019 distributable amount MM& i Carryover from 2014 not applied see instructions Remainder. Subtract lines 3q, 3h and 3i from 3f. 4 Distributions for 2019 from Section D, line 7: $ Al/h. a Applied to underdistributions of prior years �r b Applied to 2019 distributable amount c Remainder. Subtract lines 4a and 4b from 4. 5 Remaining underdistributions for years prior to 2019, if any. Subtract lines 3g and 4a from line 2. For result greater than zero explain in Part VI. See instructions. 6 Remaining underdistributions for 2019. Subtract lines 3h and 4b from line 1. For result greater than zero, explain in Part VI. See instructions. 7 Excess distributions carryover to 2020. Add lines 3j and 4c. 8 Breakdown of line 7: a Excess from 2015 b Excess from 2016 c Excess from 2017 d Excess from 2018 e Excess from 2019 Schedule A (Form 990 or 990 -EZ) 2019 932027 09-25-19 Page 484 of 574 Schedule A Form 990 or 990 -EZ) 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 8 Part VI Supplemental Information. Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11 a, 11 b, and 11 c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1 c, 2a, 2b, 3a, and 3b; Part V, line 1; Part V, Section B, line 1 e; Part V, Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. (See instructions.) SCHEDULE A PART II LINE 10 EXPLANATION FOR OTHER INCOME: MISCELLANEOUS REVENUE 2015 AMOUNT: $ 27,278. 2016 AMOUNT: $ 394,999, 2017 AMOUNT: $ 139 067, 2018 AMOUNT: $ 531,539, 2019 AMOUNT: $ 479,678, SPECIAL FUNDRAISING EVENTS REVENUE 2015 AMOUNT: $ 72,515. 2016 AMOUNT: $ 8,807, 932028 09-25-19 Schedule A (Form 990 or 990 -EZ) 2019 Page 485 of 574 Schedule B Schedule of Contributors OMB No. 1545-0047 (Form 990,990 -EZ, 1110- Attach to Form 990, Form 990 -EZ, or Form 990-13F. or 990-13F)1110- 2019 Department of the Treasury Go to www.irs.gov/Form990 for the latest information. Internal Revenue Service Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 Organization type (check one): Filers of: Section: Form 990 or 990 -EZ 0 501(c)( 3 ) (enter number) organization 0 4947(a)(1) nonexempt charitable trust not treated as a private foundation 0 527 political organization Form 990 -PF 0 501(c)(3) exempt private foundation 0 4947(a)(1) nonexempt charitable trust treated as a private foundation 0 501(c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special Rule. Note: Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. General Rule 0 For an organization filing Form 990, 990 -EZ, or 990 -PF that received, during the year, contributions totaling $5,000 or more (in money or property) from any one contributor. Complete Parts I and 11. See instructions for determining a contributor's total contributions. Special Rules 0 For an organization described in section 501(c)(3) filing Form 990 or 990 -EZ that met the 331/3% support test of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi), that checked Schedule A (Form 990 or 990 -EZ), Part 11, line 13, 16a, or 16b, and that received from any one contributor, during the year, total contributions of the greater of (1) $5,000; or (2) 2% of the amount on O Form 990, Part VIII, line 1 h; or (i) Form 990 -EZ, line 1. Complete Parts I and 11. 0 For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990 -EZ that received from any one contributor, during the year, total contributions of more than $1,000 exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals. Complete Parts 1, 11, and 111. 0 For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990 -EZ that received from any one contributor, during the year, contributions exclusively for religious, charitable, etc., purposes, but no such contributions totaled more than $1,000. If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc., purpose. Don't complete any of the parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc., contributions totaling $5,000 or more during the year ............................................. 10. $ Caution: An organization that isn't covered by the General Rule and/or the Special Rules doesn't file Schedule B (Form 990, 990 -EZ, or 990 -PF), but it must answer "No" on Part IV, line 2, of its Form 990; or check the box on line H of its Form 990 -EZ or on its Form 990 -PF, Part 1, line 2, to certify that it doesn't meet the filing requirements of Schedule B (Form 990, 990 -EZ, or 990 -PF). SHA For Paperwork Reduction Act Notice, seethe instructions for Form 990, 990 -EZ, or 990 -PF. Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) 923451 11-06-19 Page 486 of 574 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) Name of organization LUTHERAN SERVICES FLORIDA, INC, Part I Contributors (see instructions). Use duplicate copies of Part I if additional space is needed. Page 2 Employer identification number 59-2198911 (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution 1 STATE OF FL DEPT, OF CHILDREN & FAMILIES $ 152 407 179, Person 0 Payroll 0 Noncash (Complete Part II for noncash contributions.) 1317 WINEWOOD BLVD BLDG 1 RM 202 TALLAHASSEE, FL 32399 (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution 2 U.S. DEPT, OF HEALTH & HUMAN SERVICES $ 49,586,311, Person 0 Payroll 0 Noncash (Complete Part II for noncash contributions.) 200 INDEPENDENCE AVE SW WASHINGTON DC 20201 (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution 3 STATE OF FL DEPT, OF HEALTH $ 7,702,314. Person 0 Payroll 0 Noncash (Complete Part II for noncash contributions.) 4052 BALD CYPRESS WAY BIN A-17 TALLAHASSEE FL 32399 (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution 4 CHILDREN'S NETWORK OF SW FLORIDA LLC $ 6,047,245, Person 0 Payroll 0 Noncash (Complete Part II for noncash contributions.) 2232 ALTAMONT AVE FORT MYERS FL 33901 (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution 5 CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY $ 5,245,967. Person 0 Payroll 0 Noncash (Complete Part II for noncash contributions.) 2300 HIGH RIDGE RD BOYNTON BEACH FL 33426 (a) No. (b) Name, address, and ZIP + 4 (c) Total contributions (d) Type of contribution 6 ECKERD CONNECTS COMMUNITY ALTERNATIVES $ 5,515,135. Person 0 Payroll 0 Noncash (Complete Part II for noncash contributions.) 8550 ULMERTON RD STE 130 LARGO FL 33771 923452 11-06-19 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) Page 487 of 574 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) Name of organization LUTHERAN SERVICES FLORIDA, INC, Part II Noncash Property (see instructions). Use duplicate copies of Part 11 if additional space is needed. Page 3 Employer identification number 59-2198911 (a) No. from Part I (b) Description of noncash property given FMV (orestimate)(d) (See instructions.) Date received (a) No. from Part 1 (b) Description of noncash property given FMV (or estimate) (See instructions) (d) Date received (a) No. from Part I (b) Description of noncash property given FMV (orestimate)(d) (See instructions.) Date received (a) No. from Part 1 (b) Description of noncash property given FMV (orestimate)(d) (See instructions.) Date received (a) No. from Part I (b) Description of noncash property given FMV (orestimate)(d) (See instructions.) Date received (a) No. from Part I (b) Description of noncash property given FMV (orestimate)(d) (See instructions.) Date received 923453 11-06-19 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) Page 488 of 574 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) Name of organization LUTHERAN SERVICES FLORIDA, INC, Page 4 Employer identification number 59-2198911 Part III Exclusively religious, charitable, etc., contributions to organizations described in section 5O1(c)(7), (8), or (10) that total more than $1,000 for the year from any one contributor. Complete columns (a) through (e) and the following line entry. For organizations completing Part III, enter the total of exclusively religious, charitable, etc., contributions of $1,000 or less for the year. (Enterthis info. once.) , $ Use duplicate copies of Part III if additional space is needed. (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name address and ZIP + 4 Relationship f transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name address and ZIP + 4 Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name address and ZIP + 4 Relationship of transferor to transferee (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held (e) Transfer of gift Transferee's name address and ZIP + 4 Relationship of transferor to transferee 923454 11-06-19 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2019) Page 489 of 574 SCHEDULE C Political Campaign and Lobbying Activities (Form 990 or 990 -EZ) For Organizations Exempt From Income Tax Under section 501(3) and section 527 Department of the Treasury 1110- Complete if the organization is described below. 0, Attach to Form 990 or Form 990 -EZ. Internal Revenue Service 1111io- Go to www.irs.gov/Form990 for instructions and the latest information. OMB No. 1545-0047 2019 Open to Public Inspection If the organization answered "Yes," on Form 990, Part IV, line 3, or Form 990 -EZ, Part V, line 46 (Political Campaign Activities), then • Section 501 (c)(3) organizations: Complete Parts I -A and B. Do not complete Part I -C. • Section 501 (c) (other than section 501 (c)(3)) organizations: Complete Parts I -A and C below. Do not complete Part I -B. • Section 527 organizations: Complete Part I -A only. If the organization answered "Yes," on Form 990, Part IV, line 4, or Form 990 -EZ, Part VI, line 47 (Lobbying Activities), then • Section 501 (c)(3) organizations that have filed Form 5768 (election under section 501(h)): Complete Part II -A. Do not complete Part II -B. • Section 501 (c)(3) organizations that have NOT filed Form 5768 (election under section 501(h)): Complete Part II -B. Do not complete Part II -A. If the organization answered "Yes," on Form 990, Part IV, line 5 (Proxy Tax) (see separate instructions) or Form 990 -EZ, Part V, line 35c (Proxy Tax) (see separate instructions), then • Section 501 (c)(4), or 6 organizations: Complete Part III. Name of organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 159-2198911 113arti-Al Complete if the organization is exempt under section 501(c) or is a section 527 organization. 1 Provide a description of the organization's direct and indirect political campaign activities in Part IV. 2 Political campaign activity expenditures ..... ...._ 100. $ 3 Volunteer hours for political campaign activities lPartl-131 Complete if the organization is exempt under section 501(c)(3). 1 Enter the amount of any excise tax incurred by the organization under section 4955 $ 2 Enter the amount of any excise tax incurred by organization managers under section 4955 .................. I► $ 3 If the organization incurred a section 4955 tax, did it file Form 4720 for this year9. ......... ......... ......... ................. 0 Yes 0 No 4a Was a correction made? 0 Yes 0 No b If "Yes," describe in Part IV. 3arti-01 Complete if the organization is exempt under section 501(3), except section 501(3)(3). 1 Enter the amount directly expended by the filing organization for section 527 exempt function activities ........... 100. $ 2 Enter the amount of the filing organization's funds contributed to other organizations for section 527 exempt function activities ......... ......... ......._ ................................................... 100. $ 3 Total exempt function expenditures. Add lines 1 and 2. Enter here and on Form 1120-POL, line 17bpop.$ .. ........ ....... ......... ........ ........ .... 4 Did the filing organization file Form 1120-POL for this year? 0 Yes 0 No 5 Enter the names, addresses and employer identification number (EIN) of all section 527 political organizations to which the filing organization made payments. For each organization listed, enter the amount paid from the filing organization's funds. Also enter the amount of political contributions received that were promptly and directly delivered to a separate political organization, such as a separate segregated fund or a political action committee (PAC). If additional space is needed, provide information in Part IV. (a) Name (b) Address (c) EIN (d) Amount paid from filing organization's funds. If none, enter -0-. (e) Amount of political contributions received and promptly and directly delivered to a separate political organization. If none, enter -0-. For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ. LHA Schedule C (Form 990 or 990 -EZ) 2019 932041 11-26-19 Page 490 of 574 Schedule C (Form 990 or 990 -EZ) 2019 LUTHERAN SERVICES FLORIDA INC. 59-2198911 Page 2 Part II -A omplete if the organization is exempt under section 501(c)(3) and filed Form 5768 election under section 501(h)). A Check 100- 0 if the filing organization belongs to an affiliated group (and list in Part IV each affiliated group member's name, address, EIN, expenses, and share of excess lobbying expenditures). B Check 100- 0 if the filing organization checked boxA and "limited control" provisions apply. Limits on Lobbying Expenditures (a) Filing (b) Affiliated group organization's totals (The term "expenditures" means amounts paid or incurred.) totals 1 a Total lobbying expenditures to influence public opinion (grassroots lobbying) .......................... b Total lobbying expenditures to influence a legislative body (direct lobbying) ............................. c Total lobbying expenditures (add lines 1 a and 1 b) .................................................................... d Other exempt purpose expenditures ...................................................................................... e Total exempt purpose expenditures (add lines 1c and 1d) ........................................................ f Lobbyinq nontaxable amount. Enter the amount from the followinq table in both columns. Not over $500,000 20% of the amount on line 1 e. V Over $500,000 but not over $1,000,000 $100,000 plus 15% of the excess over $500,000. Over $1,000,000 but not over $1,500,000 $175,000 plus 10% of the excess over $1,000,000. Over $1.500.000 but not over $17.000.000 $225.000 plus 5% of the excess over $1.500.000. g Grassroots nontaxable amount (enter 25% of line 1 f) h Subtract line 1 g from line 1 a. If zero or less, enter -0 i Subtract line 1f from line 1c. If zero or less, enter -0 j If there is an amount other than zero on either line 1 h or line 1 i, did the organization file Form 4720 reporting section 4911 tax for this year? .. 0 Yes 0 No 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the separate instructions for lines 2a through 2f.) Lobbying Expenditures During 4 -Year /averaging Period Calendar year (a) 2016 (b) 2017 (c) 2018 (d) 2019 (e) Total (or fiscal year beginning in) 2a Lobbying nontaxable amount b Lobbying ceiling amount (150% of line 2a, column(e)) jjo c Total lobbying expenditures d Grassroots nontaxable amount e Grassroots ceiling amount�,.`� (150% of line 2d, column (e)) f Grassroots lobbying expenditures Schedule C (Form 990 or 990 -EZ) 2019 932042 11-26-19 Page 491 of 574 Schedule C (Form 990 or 990 -EZ) 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 3 Part II -B omplete if the organization is exempt under section 501(c)(3) and has NOT filed Form 5768 (election under section 501(h)). For each "Yes" response on lines 1a through 1i below, provide in Part IV a detailed description of the lobbying activity. (a) (b) Yes No Amount 1 During the year, did the filing organization attempt to influence foreign, national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum, through the use of: a Volunteers? ................................................................................................................................. b Paid staff or management (include compensation in expenses reported on lines 1 c through 1 i)? ... c Media advertisements?X .... .................................... ........ d Mailings to members, legislators, or the public? e Publications, or published or broadcast statements? ..... ..... ..... ..... ......... f Grants to other organizations for lobbying purposes? ......... g Direct contact with legislators, their staffs, government officials, or a legislative body? h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any similar means? i Other activities? j Total. Add lines 1 c through 1 i ....j 2a Did the activities in line 1 cause the organization to be not described in section 501(c)(3)? b If "Yes," enter the amount of any tax incurred under section 4912 c If "Yes," enter the amount of any tax incurred by organization managers under section 4912 d If the filing organization incurred a section 4912 tax did it file Form 4720 for this ear? .................. X X X X X X X X 28,000. 28,000. X l Partill-Al Complete if the oraanization is exempt under section 501(c(41_. section 501(c)(51. or section 501 Yes I No 1 Were substantially all (90% or more) dues received nondeductible by members? 1 2 Did the organization make only in-house lobbying expenditures of $2,000 or less? 2 3 Did the organization agree to carry over lobbying and political campaign activi expenditures from the prior ear? 3 Part III -B Complete if the organization is exempt under section 01(c)(4), section 501(c)(5), or section 501(c)(6) and if either (a) BOTH Part III -A, lines 1 and 2, are answered "No" OR (b) Part III -A, line 3, is answered "Yes." 1 Dues, assessments and similar amounts from members 1 2 Section 162(e) nondeductible lobbying and political expenditures (do not include amounts of political expenses for which the section 527(f) tax was paid). a Current year ...... 2a b Carryover from last year _ . 2b c Total 2c ..... ......... ......... ......... ......... .. ......... ......... ......... ......... ......... .......... 3 Aggregate amount reported in section 6033(e)(1)(A) notices of nondeductible section 162(e) dues 3 4 If notices were sent and the amount on line 2c exceeds the amount on line 3, what portion of the excess does the organization agree to carryover to the reasonable estimate of nondeductible lobbying and political expenditure next year? .................................. _ 4 5 Taxable amount of lobbying and political expenditures (see instructions)............................................................... 5 Part IV I Supplemental Information Provide the descriptions required for Part I -A, line 1; Part 1-13, line 4; Part I -C, line 5; Part II -A (affiliated group list); Part II -A, lines 1 and 2 (see instructions); and Part 11-13, line 1. Also, complete this part for any additional information. PART II -B LINE 1 LOBBYING ACTIVITIES: LSF PAYS THE MAYERNICK GROUP LLC A MONTHLY RETAINER FEE TO RENDER THE FOLLOWING SERVICES: (1) EDUCATION AND CONSULTING SERVICES AND (2) SUCH OTHER SPECIFIC SERVICES IN REGARD TO THE LEGISLATURE AND EXECUTIVE GOVERNMENT OF THE STATE OF FLORIDA AS THE PARTIES MAY MUTUALLY AGREE UPON, Schedule C (Form 990 or 990 -EZ) 2019 932043 11-26-19 Page 492 of 574 SCHEDULE D Supplemental Financial StatementsOMB No. 1545-0047 (Form 990) Illo- Complete if the organization answered "Yes" on Form 990, 2019 Department the Treasury Part IV, line 6, 7, 8, 9, 10, Ila, 11b, 11c, 11d, 1 ie, 11f, 12a, or 12b. Illo- Attach to Form 990. Open to Public of Internal Revenue Service Go to www.irs.gov/FormggO for instructions and the latest information. Inspection Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 Part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete if the organization answered "Yes" on Form 990, Part IV, line 6. (a) Donor advised funds (b) Funds and other accounts 1 Total number at end of year ............................................. 2 Aggregate value of contributions to (during year) ............ 3 Aggregate value of grants from (during year) .................. 4 Aggregate value at end of year ....................................... 5 Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control? ... ......... ......... .. .... __ 0 Yes 0 No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only; for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? .... 0 Yes 0 No Part II 1 Conservation Easements. Complete if the organization answered Yes" on Form 990, Part IV, line 7. 1 Purpose(s) of conservation easements held by the organization (check all that apply). 0 Preservation of land for public use (for example, recreation or education) 0 Preservation of a historically important land area 0 Protection of natural habitat 0 Preservation of a certified historic structure 0 Preservation of open space 2 Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Held at the End of the Tax Year a Total number of conservation easements2a b Total acreage restricted by conservation easements ............ 2b c Number of conservation easements on a certified historic structure included in (a) ,,,.... 2c d Number of conservation easements included in (c) acquired after 7/25/06, and not on a'historic structure listed in the National Register ....._ ......................... I 2d 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year 4 Number of states where property subject to conservation easement is located 100- 5 Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds? 0 Yes 0 No 6 Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year 10. 7 Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year 00. $ 8 Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(13)(i) and section 170(h)(4)(B)(ii)? ......... ......... ......... ......... ......... ......... ......... ......... 0 Yes 0 No 9 In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. Complete if the organization answered "Yes" on Form 990, Part IV, line 8. is If the organization elected, as permitted under FASB ASC 958, not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide in Part XIII the text of the footnote to its financial statements that describes these items. b If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: (i) Revenue included on Form 990, Part VIII, line 1100- $ .................................................................................... (ii) Assets included in Form 990, Part X 10. $ 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under FASB ASC 958 relating to these items: a Revenue included on Form 990, Part VIII, line 1lo. $ .......................................................................................... b Assets included in Form 990, Part X......................................................................................................... 10. $ LHA For Paperwork Reduction Act Notice, see the Instructions for Form 990. Schedule D (Form 990) 2019 932051 10-02-19 Page 493 of 574 Schedule D Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 2 Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets (continued) 3 Using the organization's acquisition, accession, and other records, check any of the following that make significant use of its collection items (check all that apply): a 0 Public exhibition d 0 Loan or exchange program b 0 Scholarly research e 0 Other c 0 Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII. 5 During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? .................................... 0 Yes 0 No Part IV Escrow and Custodial Arrangements. Complete if the organization answered "Yes" on Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. is Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included a Current year b Prior vear c Two years±back d Three years back on Form 990, Part X? ....... is 0 Yes 0 No b If "Yes," explain the arrangement in Part XIII and complete the following table: 9,763,506, 11,277,593, b Amount c Beginning balance is 19,120,425. d Additions during the year ......... ......... ......... ......... ......... ......... ......... ......... .... id 934,136, e Distributions during the year ....... ......... ie f Ending balance ._ _' if 20,054,561, 2a Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? ............... 0 Yes 0 No b If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided on Part XIII ......... ......... ............. 0 Part V I Endowment Funds. Complete if the organization answered "Yes" on Form 990. Part IV. line 10. Part VI I Land, Buildings, and Equipment. Complete if the organization answered "Yes" on Form 990. Part IV. line 11 a. See Form 990. Part X. line 10. Description of property a Current year b Prior vear c Two years±back d Three years back a Four years back is Beginning of year balance 11,004,710, 5,916,773, 7,888,864, 9,763,506, 11,277,593, b Contributions .......................................... 2,021,105. 6 798,115, 235 126, 389 792, 991 954, c Net investment earnings, gains, and losses 24,299. 67;715, 66,310. 10. 63,691. 47,149. d Grants or scholarships ........................... e Other expenditures for facilities and programs 3,207,779, 1,777,893, 2,273,527, 2,328,125, 2,553,190, f Administrative expenses g End of year balance 9,842,335, 11,004,710, 5,916,773, 7,888,864, 9,763,506, 2 Provide the estimated percentage of the current year end balance Qine 1 g, column (a)) held as: a Board designated or quasi -endowment loo. 10.78 % b Permanent endowment Illo- 7.88 % c Term endowment Illo- 81.33 The percentages on lines 2a, 2b, and 2c should equal 100%. 3a Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Yes No (i) Unrelated organizations 3a i X (ii) Related organizations . 3a ii X b If "Yes" on line 3a(i), are the related organizations listed as required on Schedule R? .............. 3b 4 Describe in Part XIII the intended uses of the organization's endowment funds. Part VI I Land, Buildings, and Equipment. Complete if the organization answered "Yes" on Form 990. Part IV. line 11 a. See Form 990. Part X. line 10. Schedule D (Form 990) 2019 932052 10-02-19 Page 494 of 574 Description of property (a) Cost or other (b) Cost or other basis (investment) basis (other) (c) Accumulated depreciation (d) Book value is b c d e Land ............................................................ Buildings3,355,848, ...................................................... Leasehold improvements.............................. Equipment2,519,600, ................................................... Other............................................................ 1,610,899. 1610899, 2,284,253, 1,071,595, 4,181,554, 2,578,193, 1,603,361, 2,264,077, 255,523, 1 774,589. 1 659,734. 114,855, Total. Add lines la through le. (Column (d) must eaual Form 990. Part X. column (8). line 10c.) ....................................... 10. 4,656,233. Schedule D (Form 990) 2019 932052 10-02-19 Page 494 of 574 Schedule D Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 3 Part VII Investments - Other Securities. Complete if the organization answered "Yes" on Form 990, Part IV, line 11 b. See Form 990, Part X, line 12. (a) Description of security or category (including name or security) (b) Book value (c) Method of valuation: Cost or end -of -year market value (1) Financial derivatives ............................................. (2) Closely held equity interests (3) Other Total. Col. b must equal Form 990 Part X col. 13line 12. ► I I AEF M Part VIII Investments - Program Related. Complete if the organization answered "Yes" on Form 990 Part IV line 11c. See Form 990 PartX, line 13. (a) Description of investment I (b) Book value I (c) Method of valuation: Cost or end -of -year market value Total. Col. b must equal Form 990 Part X col. 13line 13. lol- I Part IX Other Assets. Complete if the organization answered "Yes" on Form 990, Part IV, line 11 d. See Form 990, Part X, line 15. (a) Description (b) Book value 1 SECURITY DEPOSITS 180 318, 2 BENEFICIAL INTEREST IN ASSETS HELD BY OTHERS 828,291, 3 ASSETS LIMITED AS TO USE 185 994, q GIFTED FACILITIES 6,508,098. 151 DUE FROM AFFILIATE 232,156, Total. Column b must e ual Form 990 Part X col. 8 line 15. - 1011 7,934,857. Part X Other Liabilities. Complete if the organization answered "Yes" on Form 990, Part IV, line 11 e or 11 f. See Form 990, Part X, line 25. 1 (a) Description of liability (b) Book value 1 Federal income taxes 2 CAPITAL LEASE OBLIGATIONS 1,860,172. 3 4 5 6 8 9 Total. Column b must e ual Form 990 Part X col. 8 line 25. o 1,860,172. 2. Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the oraanization's liability for uncertain tax Dositions under FASB ASC 740. Check here if the text of the footnote has been Drovided in Part XIII n Schedule D (Form 990) 2019 932053 10-02-19 Page 495 of 574 Schedule D Form 990 2019 LUTHERAN SERVICES FLORIDA INC, Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. 59-2198911 Page 4 Part XI Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. 1 Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. 1 1 Total revenue, gains, and other support per audited financial statements1 ......................................................... 542, 2 Amounts included on line 1 but not on Form 990, Part IX, line 25: 253,089,582. 2 Amounts included on line 1 but not on Form 990, Part VIII, line 12: a a Net unrealized gains Qosses) on investments2a ...................................................... 3,963,147. 11, 421, b Donated services and use of facilities .................................................................. 2b 3,570,991. c Recoveries of prior year grants........................................................................... 2c c Other losses...... ......... ......... ......... ......... ......... ......... ......... . 2c d Other (Describe in Part XIII.).............................................................................. 2d -21,727. d e Add lines 2athrough2d 986,084. 2e 3,560,685, 3 Subtract line 2e from line 1 .............................................................................................................................. Add lines 2a through 2d .........2e 3 249 528 897, 4 Amounts included on Form 990, Part VIII, line 12, but not on line 1: 3 Subtract line 2e from line 13 a Investment expenses not included on Form 990, Part VIII, Zine 7b ........................ 4a 249 123 0 4 b Other (Describe in Part XIII.) ....... ......... 4b —986,084 c Add lines 4a and 4b4c ....... ........ ........ ......... ........ ....... ........ .... .... . 1 -986,084. 5 Total revenue. Add lines 3 and 4c. (This must eaual Form 990. Part 1. line 12.)....5 _. 248,542,813. Part XII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Provide the descriptions required for Part II, lines 3, 5, and 9; Part 111, lines 1 a and 4; Part IV, lines 1 b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. PART IV, LINE 1B: IN CONNECTION WITH THE ORGANIZATION'S ORGANIZATION HOLDS ASSETS IN TRUST INCAPACITATED, THE ORGANIZATION IS A G THE WHO HAVE BEEN DECLARED NTED LEGAL GUARDIAN FOR THESE INDIVIDUALS, ASSETS HELD IN TRUST FOR THESE INDIVIDUALS INCLUDE TANGIBLE PERSONAL PROPERTY AND REAL PROPERTY VALUED AT THEIR FAIR VALUE ON THE DATE THE ORGANIZATION WAS APPOINTED GUARDIAN, CASH AND INVESTMENTS ARE VALUED AT THEIR CURRENT MARKET VALUE, INCOME EARNED ON ASSETS HELD IN TRUST ARE APPLIED TO EACH INDIVIDUALS ACCOUNT BALANCE, THE ASSETS THAT ARE HELD IN TRUST BY THE ORGANIZATION ARE NOT INCLUDED IN THE ORGANIZATIONS FINANCIAL STATEMENTS, 932054 10-02-19 Schedule D (Form 990) 2019 Page 496 of 574 Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. 1 Total expenses and losses per audited financial statements ......... ......... ......._ 1 254, 072 , 542, 2 Amounts included on line 1 but not on Form 990, Part IX, line 25: a Donated services and use of facilities 2a 3,963,147. b Prior year adjustments .... ......... ......... ......... ......... ......... ............... 2b c Other losses...... ......... ......... ......... ......... ......... ......... ......... . 2c d Other (Describe in Part XIII.) ....... 2d 986,084. e Add lines 2a through 2d .........2e 4,949,231, 3 Subtract line 2e from line 13 249 123 311, 4 Amounts included on Form 990, Part IX, line 25, but not on line 1: a Investment expenses not included on Form 990, Part VIII, line 7b ..._ . ...... 4a b Other (Describe in Part XIII.) ....... ......... ......... ......... .......___............. 4b c Add lines 4a and 4b4c ........ ........ .... .... .... .... 0 5 Total expenses. Add lines 3 and 4c. his must e ual Form 990 Part 1 line 18.: 5 249 ,123 , 311, Part XIII I Supplemental Information. Provide the descriptions required for Part II, lines 3, 5, and 9; Part 111, lines 1 a and 4; Part IV, lines 1 b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. PART IV, LINE 1B: IN CONNECTION WITH THE ORGANIZATION'S ORGANIZATION HOLDS ASSETS IN TRUST INCAPACITATED, THE ORGANIZATION IS A G THE WHO HAVE BEEN DECLARED NTED LEGAL GUARDIAN FOR THESE INDIVIDUALS, ASSETS HELD IN TRUST FOR THESE INDIVIDUALS INCLUDE TANGIBLE PERSONAL PROPERTY AND REAL PROPERTY VALUED AT THEIR FAIR VALUE ON THE DATE THE ORGANIZATION WAS APPOINTED GUARDIAN, CASH AND INVESTMENTS ARE VALUED AT THEIR CURRENT MARKET VALUE, INCOME EARNED ON ASSETS HELD IN TRUST ARE APPLIED TO EACH INDIVIDUALS ACCOUNT BALANCE, THE ASSETS THAT ARE HELD IN TRUST BY THE ORGANIZATION ARE NOT INCLUDED IN THE ORGANIZATIONS FINANCIAL STATEMENTS, 932054 10-02-19 Schedule D (Form 990) 2019 Page 496 of 574 Schedule D Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 5 Part XIII I Supplemental Information (continued) PART V LINE 4: THE ORGANIZATION INTENDS FOR THE PERMANENT ENDOWMENT FUNDS TO PROVIDE A PREDICTABLE STREAM OF FUNDING TO PROGRAMS SUPPORTED BY THE ENDOWMENT FUNDS WHILE ALSO PRESERVING THE PURCHASING POWER OF THOSE ENDOWMENT ASSETS OVER THE LONG-TERM, EARNINGS DISTRIBUTED ARE USED TO SUPPORT PROGRAM OBJECTIVES AS STIPULATED BY DONOR -RESTRICTIONS OR AS STIPULATED BY THE BOARD OF DIRECTORS, THE ORGANIZATION INTENDS FOR THE TEMPORARY ENDOWMENTS TO BE USED FOR DISASTER RELIEF TUITION REIMBURSEMENT PROGRAMS CAPITAL IMPROVEMENTS AND PROGRAMS, PART X, LINE 2: THE ORGANIZATION IS EXEMPT FROM FEDERAL INCOME TAXES UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND FROM STATE INCOME TAXES UNDER SIMILAR PROVISIONS OF THE FLORIDA STATUTES, LSF IS THE SOLE MEMBER OF LSF HEALTH WHICH IS CONSIDERED A DISREGARDED ENTITY FOR FEDERAL AND STATE INCOME TAX PURPOSES, THEREFORE NO PROVISION FOR INCOME TAXES HAS BEEN INCLUDED IN THE ACCOMPANYING CONSOLIDATED FINANCIAL STATEMENTS, THE ORGANIZATION FOLLOWS ACCOUNTING STANDARDS RELATING TO ACCOUNTING FOR UNCERTAINTY IN INCOME TAXES, MANAGEMENT ASSESSED WHETHER THERE WERE ANY SUCH UNCERTAIN TAX POSITIONS WHICH MAY GIVE RISE TO INCOME TAX LIABILIATIES AND DETERMINED THAT THERE WERE NO SUCH MATTERS REQUIRING RECOGNITION IN THE ACCOMPANYING CONSOLIDATED FINANCIAL STATEMENTS, GENERALLY THE ORGANIZATION IS NO LONGER SUBJECT TO U.S. FEDERAL OR STATE INCOME TAX EXAMINATIONS BY TAX AUTHORITIES FOR YEARS BEFORE JUNE 30 2017, PART XI LINE 2D - OTHER ADJUSTMENTS: CHANGE IN VALUE OF BENEFICIAL INTEREST IN PERPETUAL TRUST -21,727. Schedule D (Form 990) 2019 932055 10-02-19 Page 497 of 574 Schedule D Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 5 Part XIII I Supplemental Information (continued) PART XI LINE 4B - OTHER ADJUSTMENTS: REALIZED GAIN ON SALE OF FIXED ASSETS NETTED WITH EXPENSES ON FS -986,084. 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Complete if the organization answered "Yes" on Form 990, Part IV, line 23. Department of the Treasury Attach to Form 990. Open to Public Internal Revenue Service 10o, Go to www.irs.gov/FormggO for instructions and the latest information. Inspection Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 Part I I Questions Regarding Compensation Yes No is Check the appropriate box(es) if the organization provided any of the following to or for a person listed on Form 990, Part VII, Section A, line 1 a. Complete Part III to provide any relevant information regarding these items. 0 First-class or charter travel 0 Housing allowance or residence for personal use 0 Travel for companions 0 Payments for business use of personal residence 0 Tax indemnification and gross -up payments 0 Health or social club dues or initiation fees 0 Discretionary spending account 0 Personal services (such as maid, chauffeur, chef) b If any of the boxes on line 1 a are checked, did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above? If "No," complete Part III to explain . 2 Did the organization require substantiation prior to reimbursing or allowing expenses incurred by all directors, trustees, and officers, including the CEO/Executive Director, regarding the items checked on line 1 a? .... 3 Indicate which, if any, of the following the organization used to establish the compensation of the organization's CEO/Executive Director. Check all that apply. Do not check any boxes for methods used by a related organization to establish compensation of the CEO/Executive Director, but explain in Part III. 0 Compensation committee 0 Written employment corrtract 0 Independent compensation consultant 0 Compensation survey or study 0 Form 990 of other organizations 0 Approval by the board or compensation committee 4 During the year, did any person listed on Form 990, Part VII, Section A, line 1 a, with respect to the filing organization or a related organization: a Receive a severance payment or change -of -control payment? b Participate in, or receive payment from, a supplemental nonqualified retirement plan? ___ c Participate in, or receive payment from, an equity -based compensation arrangement? If "Yes" to any of lines 4a -c, list the persons and provide the applicable amounts for each item in Part III. Only section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must complete lines 5-9. 5 For persons listed on Form 990, Part VII, Section A, line 1 a, did the organization pay or accrue any compensation contingent on the revenues of: a The organization? b Any related organization? If "Yes" on line 5a or 5b, describe in Part III, 6 For persons listed on Form 990, Part VII, Section A, lisle 1 a, did the organization pay or accrue any compensation contingent on the net earnings of: a The organization? ............................................................................................................................................... b Any related organization? ................................................................................................................................... If "Yes" on line 6a or 6b, describe in Part III. 7 For persons listed on Form 990, Part VII, Section A, line 1 a, did the organization provide any nonfixed payments not described on lines 5 and 6? If "Yes," describe in Part III .................................................................................. 8 Were any amounts reported on Form 990, Part VII, paid or accrued pursuant to a contract that was subject to the initial contract exception described in Regulations section 53.4958-4(a)(3)? If "Yes," describe in Part III ............... 9 If "Yes" on line 8, did the organization also follow the rebuttable presumption procedure described in Regulations section 53.4958-6(c)?...................................................................................................................... LHA For Paperwork Reduction Act Notice, seethe Instructions for Form 990. 4a X 4b X 4c X 5a X 5b X 6a X 6b X 7 X .............. 8 X ............. 9 Schedule J (Form 990) 2019 932111 10-21-19 Page 508 of 574 1. 7 E LL d 7 d t LO O m O LO N LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c N O O rn O m LL o E C 0 O a 0 LL o U m ('�1 O ('�1 m O d� O Ol m O O Ol m O ('�1 m O N N O 00 00 O 1I1 O L 1f1 O N Lf 00 N O W -4 '-I Ol L- '-I n O O '-I C1 Ol l- N N +� C 0 0 l0 LO O � ('�1 m O O l- 1I1 Ln 1I1 lO ID 1I1 m U Q C a m 7 � 0 U � � W C .0Q -6 Cl O l- O O N Ol O n N O 14 m O Ol 00 O Ol d� O 00 d� O LO O 00 c p X U 0 iO i0 Oo 0 iO - io ,-i -4 -4 -4 c O C z o N N U D � � N Q .--� rn N - .Q o 0 LO 0 Co o h o o 0 o iO o m o ri o rn o o 00 0, 0, C O c- 03 N 0 lO LO ' N N =N n LO ID H: lO LO l- Ol C1 Ol 00 Ol O 00 00 N -4 N -+ 03 - 1f1 lO l0 IfY' 1I1 ('�1 N d� d� Ln 0 Q Q i E O U C:0 0 U 0 g U N c U ,- '� O O O L O 00 O 00 m O LO lO ' O W lO CO l0 1I1 O N lO O L- 1I1 O '-I N O 00 mCD O O Ol ('�1 O CD 00 m M N N N 1f1 lO a N irl Otc .--I •--I o a _ Qa �� d U 0 E U Oo +m Q- E° L O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W C O d O 7 0 E O O 0 0 0 m = o z H a E o N a Q H y d7 co O u1 O m O m O 00 d� O Cl Ln m -4 L- L- 00 LO 00 P4 s is 3 O ,4 -4o ao o rn '.ao 0) 0 o Py _Y U _ -O N 03 n d� -�V 00 LO N -4 N -�v 00 00 LO m N -�v O N U] W C LO O H w �a m ° O a A O. .... _ z EO P4 LU O^ N C _ fD VJ O U O ui +O+ ++ O Q P4 N C _ Q H P4 H W x E N p N m t] W a > O E u] O co 0 P4 P4U O 5 U U C UO N w Pao U Pao O a [W!] x w 3 w E N d Pi Q x 4 H a [!] E a W w w o 0 y 0 1 3 -O O Z H W U 3 a m U E a x W W W a a U] w a H a a O z O x Z E Q E O N >+ E W a 0) N j U Q W P4 Py WO 'a H P4 P4 ME U] i 0 'E Q �] Z Pi Pi W w W a ;2; d V -p z a z E H > E a 0 W Pi Z E W a O O U Z O a 4 7+ a W 4 LO > >, F W Wx O.1 �¢ 0 w w Q EwwN P4 x O r :2;M W O p4xu x W H Pi - x Pi O H a m p H a 9 a P4 E Z P4 w 0 W x W Q P4 u 'F. > Pi > P4 Ua O 0 w a 0 OO aOoO a U 0+ O O w P -- W O W W x O w W x P� > - P O Pi Pi 4 O O U) LL 0 Z a u u w u w wit :: u 1. 7 E LL d 7 d t LO O m O LO N LL Cl) u z H a Q H P4 O a w w u H > P4 W P4 P4 w x E x a t N z H a H E a a w x E vi P4 O E L) Pi P4 H Q w O Q a O Po W x E pq w Q W z P4 P4 W E w Q m z O El z Pi a O L) m 0 W L) w x E a w Q w E w a a z O U 3 W w x z O H E a z W P4 z O L) E z W Q z Pi P4 W Q z �a m w Q a L) z H m w U O P4 P4 z P4 O w m O E a N �a c4 P4 O P4 a a m w O 3 w H W P4 E z a E a x m 0 L) z O El z W a z O U E z w Q z W P4 W Q z H w O 0 z E m a r P4 a a m a L) P4 W �a w O U) W L) H > P4 w m P4 P4 W x E x a x E C7 z H E a O L) Q �a O rn Ol w x E U) Pi a a z O L) Q �a m w N r a a Q P4 a O Po w x E r P4 E 0 O U w x E Q O P4 z O H E m O P4 P4 a H H m P4 w x E 0 P4 O w z O E a m z W a z O U w O a w W a w E a H P4 P4 O P4 P4 P4 a w x E Pi z P4 W E W Q O E z O H El9 P4 O w z H a a a Pa w P4 a a z O L) Q �a Q w x w P4 a m r w > P4 r P4 a a m z O H E a N �a P4 0 O w x E w O U) P4 W L) H w w O Pa Pi E z W x L) O Q Pi P4 a z O E a m z Pi a O L) Pi z P4 P4 Pi E w Q O E Q W m x m W m w U O P4 P4 w w z H a H E a a P4 a Q z w a L) Ln m z O H E a N H �a c4 0 0 w x E z H m E Pa a H U E P4 a P4 Pi P4 w 3 w P4 w x E E P4 Pi P4 O P4 m w a m a w m C7 z H Q x a U z H Ol N P4 a w 0 z H P4 Q w Q a z w P4 w 3 m z O E Po P4 E m H Q O z a a w P4 Po x x :z r SCHEDULE M (Form 990) Department of the Treasury Internal Revenue Service Noncash Contributions 100- Complete if the organizations answered "Yes" on Form 990, Part IV, lines 29 or 30. 100- Attach to Form 990. 100- Go to www.irs.gov/Form990 for instructions and the latest information. OMB No. 1545-0047 2019 Open to Public Inspection Name of the organizationI Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 1 Art - Works of art ....................................... 2 Art - Historical treasures ........................... 3 Art - Fractional interests .............................. 4 Books and publications .............................. 5 Clothing and household goods .................. 6 Cars and other vehicles .............................. 7 Boats and planes 8 Intellectual property 9 Securities - Publicly traded ........................ 10 Securities - Closely held stock ..................... 11 Securities - Partnership, LLC, or trustinterests .......................................... 12 Securities - Miscellaneous ........................ 13 Qualified conservation contribution - Historic structures .................................... 14 Qualified conservation contribution - Other 15 Real estate - Residential ........................... 16 Real estate - Commercial ........................... 17 Real estate - Other .................................... 18 Collectibles ................................................ 19 Food inventory .......................................... 20 Drugs and medical supplies ........................ 21 Taxidermy ................................................ 22 Historical artifacts .................................... 23 Scientific specimens ................................. 24 Archeological artifacts .............................. 25 Other 100- ( ) 26 Other 100- ( ) 27 Other 100- ( j 28 Other 1110- ( ) 29 Number of Forms 8283 received by the orgal for which the organization completed Form E (a)Ib) (c) (d) Check if Number of Noncash contribution Method of determining applicable contributions or amounts reported on noncash contribution amounts items contributed Form 990. Part VIII. line 1 a X I 1 1.643.192.VKV lring the tax year for contributions IV, Donee Acknowledgement ............ 29 30a During the year, did the organization receive by contribution any property reported in Part I, lines 1 through 28, that it must hold for at least three years from the date of the initial contribution, and which isn't required to be used for exempt purposes for the entire holding period? ...................................................................................................... b If "Yes," describe the arrangement in Part II. 31 Does the organization have a gift acceptance policy that requires the review of any nonstandard contributions? 32a Does the organization hire or use third parties or related organizations to solicit, process, or sell noncash contributions? ....................................................................................................................................................... b If "Yes," describe in Part II. 33 If the organization didn't report an amount in column (c) for a type of property for which column (a) is checked, describe in Part II. 0 Yes N 30a X 31 X 32a X LHA For Paperwork Reduction Act Notice, see the Instructions for Form 990. Schedule M (Form 990) 2019 932141 09-27-19 Page 511 of 574 Schedule M Form 990 2019 LUTHERAN SERVICES FLORIDA INC. 59-2198911 Page 2 Part II Supplemental Information. Provide the information required by Part I, lines 3Ob, 32b, and 33, and whether the organization is reporting in Part I, column (b), the number of contributions, the number of items received, or a combination of both. Also complete this part for any additional information. 932142 09-27-19 Schedule M (Form 990) 2019 Page 512 of 574 SCHEDULE O Supplemental Information to Form 990 or 990 -EZ OMB No. 1545-0047 (Form 990 or 990 -EZ) Complete to provide information for responses to specific questions on 2019 Form 990 or 990 -EZ or to provide any additional information. Department of the Treasury 110- Attach to Form 990 or 990 -EZ. Open to Public Internal Revenue Service 110o, Go to www.irs.gov/FormggO for the latest information. Inspection Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 1 59-2198911 FORM 990 PART III LINE 4A PROGRAM SERVICE ACCOMPLISHMENTS: INDIVIDUALS WOULD GO UNMET, FORM 990 PART III LINE 4B PROGRAM SERVICE ACCOMPLISHMENTS: PROGRAM NOT ONLY ALLEVIATES A FINANCIAL BURDEN FOR PARENTS AND ENSURES THAT CHILDREN ARE READY TO LEARN BECAUSE THEY'RE PROPERLY FED IT ENCOURAGES LIFE—LONG HEALTHY EATING HABITS, FORM 990 PART III LINE 4C PROGRAM SERVICE ACCOMPLISHMENTS: PEOPLE AGES 10-17, COUNSELING SERVICES FOR BOTH CHILDREN AND FAMILIES ALLOW INDIVIDUALS AND FAMILIES TO BEST ADDRESS THE ISSUES CAUSING FAMILY DISCORD AND UPHEAVAL, TEEN COURT HELPS YOUTH WHO ARE FIRST—TIME OFFENDERS STAY OUT OF THE JUVENILE JUSTICE SYSTEM, CHILD WELFARE CASE MANAGEMENT DELIVERS PROTECTIVE SERVICES FOR CHILDREN WHO ARE ABUSED OR NEGLECTED, DIVERSION SERVICES PROVIDE WRAPAROUND ESSENTIAL SERVICES TO AT—RISK FAMILIES, AS A SAFE PLACE ORGANIZATION LSF PARTNERS WITH LOCAL BUSINESSES AND SCHOOLS TO HELP YOUTH IN TROUBLE FIND AND ACCESS SAFE REFUGE, BECAUSE LSF SEEKS TO SERVE PEOPLE WHO FACE PARTICULAR VULNERABILITIES, LSF OFTEN FOCUSES ON FAMILIES WITH YOUNG CHILDREN, PEOPLE WHO ARE AGING OUT OF THE FOSTER CARE SYSTEM AND PEOPLE LIVING WITH HIV OR AIDS, IN ADDITION TO PROVIDING DIRECT SERVICES LSF CONDUCTS EXTENSIVE COMMUNITY OUTREACH TO HELP EDUCATE YOUTH AND FAMILIES ON PREVENTATIVE STRATEGIES AND CRISIS RESOLUTION REACHING OVER 300 YOUTH AND ADULTS THROUGH THESE EFFORTS, MUCH OF OUR WORK IN THIS SPACE IS TYPICALLY COMPLETED IN THE SPRING, GIVEN THE PANDEMIC WE WERE UNABLE TO LEVERAGE MOST OF THE CHANNELS WE TYPICALLY DO LHA For Paperwork Reduction Act Notice, seethe Instructions for Form 990 or 990 -EZ. 932211 09-06-19 Schedule O (Form 990 or 990 -EZ) (2019) Page 513 of 574 Schedule O (Form 990 or 990 -EZ) (2019) Name of the organization LUTHERAN SERVICES FLORIDA INC, (SCHOOLS FOR EXAMPLE) AND WERE NOT ABLE TO MAKE AS MANY CONTACTS AS USUAL, FORM 990 PART III LINE 4D OTHER PROGRAM SERVICES: WELCOME AND ASSISTANCE FOR NEWCOMERS IS ESSENTIAL TO THE VIBRANCY OF COMMUNITIES ACROSS THE U.S. AND IS KEY TO EXTENDING LSF'S MISSION OF HOPE AND HELP TO ALL FLORIDIANS LONG -TIMERS AND NEWCOMERS ALIKE, EACH YEAR THOUSANDS OF REFUGEES ARRIVE TO FLORIDA HAVING FACED HARROWING ESCAPES MANY OF ALMOST MYTHIC SCOPE, LSF THROUGH ITS REFUGEE PROGRAM HELPS THESE NEW NEIGHBORS FIND A HOME LEARN ENGLISH SECURE EMPLOYMENT, ENROLL IN SCHOOL AND ADJUST TO A NEW LIFE IN A NEW LAND,' LSF ASSISTS MANY MORE NEWCOMERS WITH INTEGRATION AND IMMIGRATION LEGAL SERVICES, LAST YEAR ALONE LSF HELPED WELCOME AND SERVE OVER 5,200 REFUGEES AND IMMIGRANTS FROM ACROSS THE GLOBE MANY OF WHOM WERE DISPROPORTIONATELY IMPACTED BY THE DEVASTATING ECONOMIC IMPACT OF THE COVID-19 PANDEMIC, EXPENSES $ 6,642 559, INCLUDING GRANTS OF $ 560,591. REVENUE $ 344,722, OFTEN ADULTS IN NEED ARE THE LAST TO BE SERVED IF THEY HAVE ACCESS TO SERVICES AT ALL; THIS IS ESPECIALLY TRUE FOR SINGLE ADULTS WITH NO FAMILIES, THIS IS WHY LSF CONTINUES IN ITS ESSENTIAL WORK WITH HELPING ADULTS IN NEED OF CARE AND ASSISTANCE THROUGHOUT THE STATE OF FLORIDA, THROUGH ITS VARIED ADULT PROGRAMS LSF AIMS TO NOT ONLY ADDRESS CURRENT AND URGENT NEEDS BUT WORKS TO HELP ADULTS MAINTAIN OR REGAIN AUTONOMY TO WHATEVER DEGREE POSSIBLE AND TO ENSURE THAT THEIR LIVES ARE FULL OF DIGNITY AND HOPE KNOWING THAT LSF IS THERE TO ACCOMPANY THEM REGARDLESS OF THE PATHS THEIR LIVES HAVE TAKEN, NEARLY 450 ADULT FLORIDIANS RECEIVED HELP FROM LSF THIS PAST YEAR IN PROGRAMS DESIGNED 932212 09-06-19 Page 2 Employer identification number 59-2198911 Schedule O (Form 990 or 990 -EZ) (2019) Page 514 of 574 Schedule O (Form 990 or 990 -EZ) (2019) Name of the organization LUTHERAN SERVICES FLORIDA INC, TO ASSIST PEOPLE WITH DISABILITIES PEOPLE WITH MENTAL IMPAIRMENTS AND PEOPLE WHO ARE HIV+ AND LIVING WITH AIDS, VIRTUAL/TELEVISIT SOLUTIONS WERE IMPLEMENTED TO MEET CHALLENGES PRESENTED BY THE COVID-19 PANDEMIC, ELDERLY PERSONS AND PEOPLE WITH MENTAL OR PHYSICAL INCAPACITIES WHO CANNOT MANAGE THEIR OWN AFFAIRS ARE HELPED BY LSF'S GUARDIANSHIP PROGRAM, THE LSF GUARDIANSHIP PROGRAM FOCUSES ON PEOPLE WHO ARE INDIGENT AND WORKS TO CREATE AND FACILITATE LIVES LIVED TO THEIR FULLEST WITH ADEQUATE HEALTHCARE ALONG WITH SAFE AND COMFORTABLE HOUSING, EXPENSES $ 2,609 713, INCLUDING GRANTS OF $ 313,670, REVENUE $ 742,412,. EXPENSES $ 0, INCLUDING GRANTS OF $ 0, REVENUE $ 494,457, FORM 990 PART VI SECTION A LINE 4: SIGNIFICANT CHANGES TO THE BYLAWS ARE SUMMARIZED BELOW,, ARTICLE III BOARD OF DIRECTORS SECTION 2, NUMBER TENURE AND COMPOSITION - THE MAXIMUM NUMBER OF DIRECTORS WAS DECREASED FROM 25 TO 13, - EX -OFFICIO MEMBERS NO LONGER HAVE VOTING RIGHTS, - CHANGED QUORUM RESTRICTION TO BOARD ACTION ON THE TOPIC RELATED TO THE CONFLICT RATHER THAN THE ENTIRE MEETING, SECTION 10, PARTICIPATION OF DIRECTORS BY MEANS OF ELECTRONIC COMMUNICATIONS - REMOVED ABILITY FOR DIRECTORS TO SEND PROXY TO MEETINGS ARTICLE IV 932212 09-06-19 Page 2 Employer identification number 59-2198911 Schedule O (Form 990 or 990 -EZ) (2019) Page 515 of 574 Schedule O Form 990 or 990-E 2019 Page 2 Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 ELECTED OFFICERS SECTION 1, NUMBER ARTICLE VI ROLE OF CEO AND CFO - THE CFO IS NO LONGER ELECTED BY THE BOARD, FORM 990 PART VI SECTION B LINE 11B: FORM 990 IS INITIALLY REVIEWED INTERNALLY BY THE PRESIDENT/CEO AND CFO OF THE ORGANIZATION, SUBSEQUENT TO THIS REVIEW THE 990 IS FORWARDED TO THE BOARD OF DIRECTORS FOR COMMENTS AND QUESTIONS PRIOR TO FILING, THE CFO SIGNS THE RETURN AFTER CONSIDERING ALL OF THE BOARD OF DIRECTORS COMMENTS AND QUESTIONS, FORM 990, PART VI, SECTION B, LINE 12C: THE PURPOSE OF THE LSF CONFLICT OF INTEREST POLICY IS TO PROTECT THE ORGANIZATIONS INTEREST WHEN IT IS CONTEMPLATING ENTERING INTO A TRANSACTION OR ARRANGEMENT THAT MIGHT BENEFIT THE PRIVATE INTEREST OF AN OFFICER OR DIRECTOR OF THE ORGANIZATION, THIS POLICY IS INTENDED TO SUPPLEMENT BUT NOT REPLACE ANY APPLICABLE STATE LAWS GOVERNING CONFLICTS OF INTEREST APPLICABLE TO NONPROFIT AND CHARITABLE ORGANIZATIONS, TO ENSURE COMPLIANCE WITH THIS CONFLICT OF INTEREST POLICY AS IT APPLIES TO THE BOARD LUTHERAN SERVICES FLORIDA PROHIBITS MEMBERS OF THE GOVERNING BOARD FROM ALSO BEING ORGANIZATION PERSONNEL, THE ORGANIZATION ENSURES THAT THE GOVERNING BOARD MEMBERS WHO ARE RELATIVES OF PERSONNEL RECUSE THEMSELVES ON MATTERS WHERE OBJECTIVITY WOULD BE COMPROMISED, TO FURTHER 932212 09-06-19 Schedule O (Form 990 or 990 -EZ) (2019) Page 516 of 574 Schedule O (Form 990 or 990 -EZ) (2019) Name of the organization LUTHERAN SERVICES FLORIDA INC, AVOID ANY APPEARANCE OF CONFLICT OF INTEREST NO GOVERNING BOARD MEMBER EMPLOYEE AGENT OR PRINCIPAL SHALL PARTICIPATE IN THE SELECTION AWARD OR ADMINISTRATION OF A PURCHASE OR CONTRACT WITH A VENDOR WHERE TO HIS/HER KNOWLEDGE ANY INDIVIDUAL FAMILY MEMBER PARTNER OR POTENTIAL EMPLOYER HAS FINANCIAL INTEREST IN THE PURCHASE OR CONTRACT, IN ADDITION EACH MEMBER OF THE BOARD SIGNS A STATEMENT INDICATING THAT THEY HAVE RECEIVED A COPY OF THE CONFLICT OF INTEREST POLICY AND UNDERSTAND SAID" POLICY LSF ALSO HAS A CONFLICT OF INTEREST POLICY THAT APPLIES TO PERSONNEL WHICH IS FOUND IN THE PERSONNEL POLICY MANUAL, THIS POLICY STATES THAT NO LSF EMPLOYEE MAY ENGAGE IN ANY ACTIVITY THAT MIGHT BENEFIT HIM/HER PERSONALLY AT THE EXPENSE OF OR THAT MIGHT BE HARMFUL TO THE ORGANIZATION, IF THERE IS ANY QUESTION REGARDING THIS ISSUE THE MATTER SHOULD BE SUBMITTED IN WRITING TO THE CHIEF EXECUTIVE OFFICER, EMPLOYEES MAY ENGAGE IN ACTIVITIES, INCLUDING ADDITIONAL EMPLOYMENT, OUTSIDE OF WORKING -TIME AND AWAY FROM LSF PREMISES OF THEIR OWN CHOOSING, PROVIDED THAT SUCH DO NOT CONFLICT OR INTERFERE WITH LSF'S OBJECTIVES OR PURPOSES AND THE EMPLOYEE'S PERFORMANCE OR THE ABILITY TO MEET LSF REQUIREMENTS, LSF RESOURCES OR Page 2 Employer identification number 59-2198911 WORKING TIME SHOULD NOT BE USED IN FURTHERANCE OF OUTSIDE EMPLOYMENT, FORM 990 PART VI SECTION B LINE 15: THE CEO'S COMPENSATION IS DETERMINED BY THE BOARD OF DIRECTORS, THE PROCESS INCLUDES AN INDEPENDENT COMPENSATION REVIEW COMPLETED BY AN INDEPENDENT COMPENSATION CONSULTANT REVIEW OF SIMILAR ORGANIZATIONS' FORM 990 AND CONSULTING WITH LUTHERAN SERVICES OF AMERICAS SALARY LISTING OF SIMILAR POSITIONS AROUND THE COUNTRY, THE BOARD ANALYZES AND COMPARES THE 932212 09-06-19 Schedule O (Form 990 or 990 -EZ) (2019) Page 517 of 574 Schedule O Form 990 or 990-E 2019 Page 2 Name of the organization Employer identification number LUTHERAN SERVICES FLORIDA INC, 59-2198911 INFORMATION TO DETERMINE THE APPROPRIATE LEVEL OF COMPENSATION, FOR OTHER OFFICERS OF THE ORGANIZATION SALARY SURVEYS ARE USED AND COMPARED, ALL PROCESSES USED TO DETERMINE COMPENSATION ARE DOCUMENTED, FORM 990, PART VI, SECTION C, LINE 19: THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY AVAILABLE TO THE PUBLIC UNDER REQUEST, FINANCIAL STATEMENTS ARE AVAILABLE TO THE PUBLIC UPON REQUEST FOR THE SAME PERIOD OF TIME AS SET FORTH BY IRC SECTION 6104(D), REQUESTS CAN BE DIRECTED TO THE CORPORATE CONTROLLER AT (813) 676-9480, FORM 990, PART XI, LINE 9, CHANGES IN NET ASSETS: CHANGES IN VALUE OF BENEFICIAL INTEREST IN ASSETS HELD BY OTHERS -21,727. FORM 990, PART XII, LINE 2C: THE ORGANIZATIONS OVERSIGHT AND SELECTION PROCESSES_: HAVE NOT CHANGED FROM THE PRIOR YEAR, 932212 09-06-19 Schedule O (Form 990 or 990 -EZ) (2019) Page 518 of 574 0 E �O E r OO- -0 c vii s N o� H C rn d 00 'a rn y '-I � N 0O1 aM E W n C9 0 C9 Q Lo O N jr E L M i }� M C L d Cc ayi co 0_ r > ++ CT C cc 0 O ++ O LL r r LL Cc d V i O r d Q C N N • 0 N N 3 •i C oca . c O O LO N c 0 3 z N +r L 0 H O cc ., O 0 a d O N O. E w a O U w o A U H P4 ? 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E 0= O U N X m N � E O O- 5 -0 o 0 NU J U N a` Z W C N T U � o E m z :z r rl- LO O N N LO N Schedule R Form 990 2019 LUTHERAN SERVICES FLORIDA INC, 59-2198911 Page 5 Part VII Supplemental Information Provide additional information for responses to questions on Schedule R. See instructions. PART IV IDENTIFICATION OF RELATED ORGANIZATIONS TAXABLE AS CORP OR TRUST: NAME ADDRESS AND EIN OF RELATED ORGANIZATION: CHARLES A. ZERBST CHARITABLE TRUST EIN: 81-2918786 C/O BANK OF TAMPA TRUST DEPARTMENT 601 BAYSHORE BLVD, STE, 960 TAMPA, FL 33606 932165 09-10-19 Schedule R (Form 990) 2019 Page 523 of 574 Form 8868 I Application for Automatic Extension of Time To File and (Rev. January2020) Exempt Organization Return OMB No. 1545-0047 Department of the TreasuryI � File a separate application for each return. Internal Revenue Service Plio- Go to www.irs.gov/Form8868 for the latest information. Electronic filing (e -file). You can electronically file Form 8868 to request a 6 -month automatic extension of time to file any of the forms listed below with the exception of Form 8870, Information Return for Transfers Associated With Certain Personal Benefit Contracts, for which an extension request must be sent to the IRS in paper format (see instructions). For more details on the electronic filing of this form, visit www,irs.gov/e-file-providers/e-file-for-charities-and-non-profits. Automatic 6 -Month Extension of Time. Only submit original (no copies needed). All corporations required to file an income tax return other than Form 990-T (including 1120-C filers), partnerships, REMICs, and trusts must use Form 7004 to request an extension of time to file income tax returns. Type or Name of exempt organization or other filer, see instructions. Taxpayer identification number (TIN) print LUTHERAN SERVICES FLORIDA INC, 59-2198911 File by the due date for Number, street, and room or suite no. If a P.O. box, see instructions. filing your 3627 W. WATERS AVE, return. See instructions. City, town or post office, state, and ZIP code. For a foreign address, see instructions. TAMPA FL 33614 Enter the Return Code for the return that this application is for (file a separate application for each return) 0 11 Application I Return I Application Return Form 990 or Form 990 -EZ 01 Form 990-T (corporation) 07 Form 990 -BL 02 Form 1041-A 08 Form 4720 individual 03 Form 4720 other than individual 09 Form 990 -PF 04 Form 5227 10 Form 990-T sec. 401 a or 408(a) trust 05 Form 6069 11 Form 990-T trust other than above 06 Form 8870 12 ROBERT J. WYDRA, JR, • The books are in the care of loo. 3627 W. WATERS AVE, - TAMPA, FL 33614 Telephone No. loo. 813-875-1408 Fax No. • If the organization does not have an office or place of business in the United States, check this box 0 • If this is for a Group Return, enter the organization's four digit Group Exemption Number (GEN) If this is for the whole group, check this box ► n . If it is for part of the group, check this box ► n and attach a list with the names and TINs of all members the extension is for. 1 I request an automatic 6 -month extension of time until MAY 17, 2021 the organization named above. The extension is for the organization's return for: Mo. 0 calendar year or mo. 0 tax year beginning JUL 1 2019 and ending _ 2 If the tax year entered in line 1 is for less than 12 months, check reason: 0 Initial return 0 Final return 0 Change in accounting period JUN 30, 2020 , to file the exempt organization return for 3a If this application is for Forms 990 -BL, 990 -PF, 990-T, 4720, or 6069, enter the tentative tax, less any nonrefundable credits. See instructions. 3a 1 $ 0 b If this application is for Forms 990 -PF, 990-T, 4720, or 6069, enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit. 3b $ 0 c Balance due. Subtract line 3b from line 3a. Include your payment with this form, if required, by using EFTPS Electronic Federal Tax Payment System). See instructions. 3c $ 0 Caution: If you are going to make an electronic funds withdrawal (direct debit) with this Form 8868, see Form 8453 -EO and Form 8879 -EO for payment instructions. LHA For Privacy Act and Paperwork Reduction Act Notice, see instructions. Form 8868 (Rev. 1-2020) 923841 12-30-19 Page 524 of 574 Children & d Rart Service5 N j T i Term Sheet Land Purchase - Boynton Beach, FL August 12, 2021 Owner: City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, Florida 33435 Timeline: • 8/13/21: Boynton Beach CRA transfer land to City • 8/17/21: City Commission follow up discussion on transfer of land to Lutheran Services Florida • 9/21/21: City Commission approval of new lease, purchase, and sale agreement • 10/21/21: Lutheran Services Florida board approval of land gift • 12/21/21: Closing to occur. Possibly sooner contingent on time frame of execution of purchase and sale agreement • 1/03/22: Submission of 1303 Facilities Grant Application, Applications to purchase, construct, and renovate facilities • 1/02/23: Receive notice of award for 1303 Facilities Grant Application, Applications to purchase, construct, and renovate facilities. • 6/02/23: Completion of design, site plan, planning and zoning approval and permitting • 12/31/23: Completion of procurement and construction Purchase Price: • Purchase price shall be ten dollars ($10.00) Lutheran • Secure project funding and pay 100% of the construction cost for all onsite Services Florida improvements Obligations: • Construct prefabricated modular building • Construction of onsite parking, landscaping, site lighting, and playground • Lutheran Services Florida will pay all closing costs as part of the transaction City of Boynton • Construct NE 3rd Street adjacent to property Beach • Construct and/or modify NE 91" Avenue adjacent to property Obligations: . To allow time to construct proposed facility, enter into a new 18 -month lease agreement with two 90 -day extensions (if applicable) at closing for 909 NE Avenue (existing location) Special Terms or • Both parties acknowledge that there will be a reverter clause which allows for Conditions: the return of the real property to the grantor or his/her heirs after all interests in the property given to others have terminated. This clause will be discussed, finalized, and added into the purchase and sale agreement • Property is being sold in an "as is" condition kgr�j I lo: i(�Ia dw b;��;�, Statewiae ziurruruNtrative Office 3627 W. Waters Avenue 111111 Tampa, FL 33614 111111 Phone: 813.875.1408 IIIIIIIIIIII Fax: 813.530.2802 www.Isfnet.org Page 525 of 574 `tly" Unfinished Business 8/17/2021 Requested Action by Commission: Discussion only of draft Ordinance No. 21-020 - Discussion of Ordinance creating Monument Policy for the City. (Tabled from the June 15, 2021 City Commission Meeting) Explanation of Request: The draft ordinance is returned for further Commission discussion. A few comments and questions regarding the ordinance were raised at the June 15th Commission meeting as reflected in the attached verbatim minutes. The establishment of policies and procedures concerning monuments is likely to raise immediate and future fiscal, administrative and legal challenges. Prior to bringing the ordinance back for first reading additional input from the Commission is requested so that the goals and objectives of the Commission can be more fully reflected in the ordinance. 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: Attachments: Type D li1r'1LAtE)S D f firdliir:air CE) Description Miir:L.aifEss Of flh E) JlUff-:Es 15 2021 IDia:>CL.aia:>Si011'i suit: M011:L. irTIEN[:f IFloicy Draft f firdliir:a ll'I E) for rnoll'ILArTIENI':f IPc.: iCy Page 526 of 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 CITY OF BOYNTON BEACH CITY COMMISSION MEETING JUNE 15, 2021 VERBATIM EXCERPT Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. Prototype Inc. (954) 249-2177 Page 527 c fj 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 MAYOR GRANT: Next we have Ordinance number 21- 20, approval of Ordinance Creating Monument Policy for the City. FEMALE SPEAKER: An Ordinance of the City of Boynton Beach, Florida, approving the creation of a policy regarding monuments on City property, providing for amendment to the policy by Resolution, providing for repeal of laws in conflict, severability, and an effective date. MAYOR GRANT: And so, you know, part of the question is, is that how does the combatting public disorder affect City monuments? FEMALE SPEAKER: The new legislation that was passed? MAYOR GRANT: That starts July lst. UNKNOWN SPEAKER: HB1. FEMALE SPEAKER: Yeah, House Bill 1. How does that affect this Ordinance? MAYOR GRANT: Yeah, in the sense that if we, the City considers it a monument, I believe there is something that says you cannot take down a monument. FEMALE SPEAKER: Well, yes, that is in the new legislation and if the City were to decide that something's a monument, then it would be -- that new legislation would apply. Prototype Inc. (954) 249-2177 Page 528 c fj 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 MAYOR GRANT: Okay, and then does the City have the ability to remove monuments if they so choose? FEMALE SPEAKER: Yes, if you follow the established process for approving, removing, et cetera. That's -- a lot of the genesis of the new legislation is with regard to certain existing monuments and so that's where there would be more bureaucracy shall we say, both with regard to anything that we -- that's new that comes up. That would be different because you're putting it in place and then you would have the ability to decide to remove it if you so choose. MAYOR GRANT: Does anyone on the Commission have any questions? COMMISSIONER: Mayor, I actually have many questions about the specifics of this, but perhaps I should wait until others have their questions and let's focus on the broad strokes first. MAYOR GRANT: No, I'm going to let you go first. COMMISSIONER: Okay, so I'm not entirely sure where to begin. MAYOR GRANT: If you want to state the line number. COMMISSIONER: Yeah, sure. So, let's begin with something that I spoke to staff about. It is line 227. So, let's say I am proposing a monument. It says here, Prototype Inc. (954) 249-2177 Page 529 c fj 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 "The monument proposal has been through community outreach conducted by the group or person suggesting that to the City." So, if I propose a monument for whatever purpose, it says here that part of the process is that I have to go to the community. It's kind of vague what that process is and so somebody who's making a proposal could just say, "Look, here's my survey," and we're supposed to go with that? And so, that's just a little too weak and that needs to be clarified. Further down, section E. it's line 237. It talks about well, this proposal, even if we agree to it, may have some backlash from the community. The community says I don't want it here, and it says here that "If through the public outreach process the City Manager finds that a proposed monument is a source of substantial dissention or discord with the City, the City Manager shall seek further direction from rules committee." I'm not entirely sure who the rules committee is that would be the kind of arbiter of community dissention. And so, I just want to start with those two points. You know, this community outreach -- I think that's great. We should have community outreach, but what are the details of that and how would that work? Prototype Inc. (954) 249-2177 Page 530 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 Because right now, it's entirely controlled by the person making a proposal. So, on the flip side, I don't want to overwhelm staff with more work. We need this community outreach to be reliable. MAYOR GRANT: You kind of want to have a clearer definition for what "community outreach" means? COMMISSIONER: Right, and who should be performing it? That's part of my questions. MAYOR GRANT: Well, how would you define "community outreach?" COMMISSIONER: So, I think we all know what "community outreach" is, but what process is used? If we need to do a survey, does somebody just need to have a public meeting, are they -- what does that look like actually because it's just so vague. MAYOR GRANT: The aspect of it is, is that you know, in order to get elected the community outreach is 25 candidate petitions. So, unless we want to make it more difficult to get elected than have a monument, that's kind of where, you know, we have the ability to not just have someone reach out to 25 members of the community but to state, I think, publicly at public comments of their intention to have this -- to get the City -- you know, the contact information. Basically put it on record at a City Commission Prototype Inc. (954) 249-2177 Page 531 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I meeting I feel is the community outreach that after 30 days the -- I think it would be best if the City tallies all of the information and that way we can verify the community outreach that there has been public record of a statement for the monument and that we are in privy of how the community feels about it and we can go from there. COMMISSIONER: Another item that caught my eye was line 98. It says, "The City shall not place monuments on City property which have the purpose of promoting, favoring, or inhibiting any religion," and the portion that caught my eye was the second half, "which would appear to a reasonable person that the City is promoting, favoring, or opposing a religion." I'm not sure if that is a legal definition. Who defines "a reasonable person" that can just make a claim that it promotes a particular religion and therefore it can't be had? MAYOR GRANT: And like does that mean we're not allowed to put up a Christmas tree? A temporary -- FEMALE SPEAKER: There's a distinction between holiday decorations which are temporary and permanent monuments. MAYOR GRANT: Okay. MR. CHEROF: Mayor, this is Jim Cherof. Let me Prototype Inc. (954) 249-2177 Page 532 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I also add that your reference to a Christmas tree, the Supreme Court of the United States has determined that that's a secular object and not a religious object. So, putting up a tree does not favor a religion. MAYOR GRANT: Okay, thank you. No, I do agree with this. It's that there is a lot of religious symbolism out there where it's kind of a thing that there's no crosses, there's no Stars of Davids, and other types of religious items as part of our monument program; that it is strictly based upon other meanings. It's not to say that we can't put a monument to a religious person for the activities and contributions to the community; however, it is not to be included with religious symbols. COMMISSIONER: If I could just hone in my question. What does it mean to be a "reasonable person?" What is the definition of that because -- MAYOR GRANT: I think our attorney could answer that one. FEMALE SPEAKER: That's a legal standard of reasonableness. So, there's not a list of things that we would include in the ordinance, but if someone were to make a claim that -- I don't have a good example right now, but I don't know, let's say there's a monument -- Prototype Inc. (954) 249-2177 Page 533 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER: So, let's say there's a triangle. FEMALE SPEAKER: Yes. COMMISSIONER: And so a reasonable person says, no, there's no religion associated with triangles, square, stuff like that, however, a reasonable person would associate the T or a cross or a star. You know, a six -sided star is with a religion. FEMALE SPEAKER: Right, so, using the triangle as an example, if someone were to say, you know, "That triangle is promoting a religion," to my knowledge there's no religion that's connected to a triangle so that would be an unreasonable connection of the triangle to a religion. COMMISSIONER: So, could I substitute "reasonable person" with "common knowledge?" FEMALE SPEAKER: NO. COMMISSIONER: Would that mean the same thing as a definition for a "reasonable person?" FEMALE SPEAKER: No, it's not the same thing. COMMISSIONER: We're all "reasonable" people up here, right? FEMALE SPEAKER: Basically, the language is saying that someone can't just show up and say, "I think that's religious. You need to take it down." COMMISSIONER: Okay, great, all right. Good, I'm Prototype Inc. (954) 249-2177 Page 534 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a glad I have that clarification. FEMALE SPEAKER: Jim, on your language on the outreach, we were chatting as far as to what degree do we want to further define what that outreach looks like? You know, do you have to talk to at least 50 percent or something on the neighborhood within a radius or do you have to have surveys? Like what -- MAYOR GRANT: When you say a public notice similar to what we do for construction, I think, where you have it publicized at a meeting, I think is probably the best where that similar to any sort of project that we do that requires a public notice. Similar community outreach would be defined as that. FEMALE SPEAKER: Including like mailing a letter to each home in their area or something to that effect then? MAYOR GRANT: It's a radius that we have currently in our ordinance. Jim, does that make sense? MR. CHEROF: Yeah, and let me just comment that, you know, this Ordinance is before you for the first time not having even been reviewed really at a preliminary discussion stage. So, you know, some of the provisions and clauses are provisions that I wrote based upon reviewing several dozen monument ordinances from around the country including ones that, you know, now have Prototype Inc. (954) 249-2177 Page 535 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 resulted in problematic situations -- the tearing down of monuments. You know, you go back, you look at what did the ordinance look like that gave rise to that monument in the first place. So, my point is and I thought I was trying to make it in the introduction to the Ordinance itself was to remind the Commission that societal standards and points of view change over time. But with respect to more specific terms, you know, like community input or something of that nature, really I have to look to the City Commission to determine what the scope of that review would be like and how it would be conducted. I viewed it somewhat as an administrative function. That the administration would decide how broad a group of people or organizations would be contacted for their input based upon the particular subject matter of the monument at hand. I know this sounds ridiculous, but obviously not all monuments are created equally. You know, you have a small one by two foot monument in one place. You could have a forty foot monument in another place. I would think that the community review and outreach would be different in those two circumstances. But I look to the Commission to help us to figure Prototype Inc. (954) 249-2177 Page 536 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 out what that definition looks like. VICE MAYOR HAY: I have some questions. MAYOR GRANT: Yes, Vice Mayor. VICE MAYOR HAY: On line 53, I was just reading that, Jim, and you mentioned a little bit of it. It says, "Societal appropriateness evolves and change over time. A monument deemed appropriate when approved may be inappropriate at some time in the future. When a City Commission finds that a monument or any part thereof is inappropriate, the monument should be removed or the inappropriate portion thereof modified." I guess we have a time constraint on -- I mean, if we put up a monument and, let's say a new Commission or we decide ourselves to take it down the next month, there's no time limit there? MR. CHEROF: No, sir. MAYOR GRANT: I think if it's a City funded thing, it's well within our purview. However, if it is a privately funded monument then there may be some caveats with the funding aspect of it. VICE MAYOR HAY: Another aspect is the maintenance of that. We, as a City, should not be funding a monument unless it's initiated by us, but if another entity is putting this monument up and they come to the City Commission for approval, they ought to have Prototype Inc. (954) 249-2177 Page 537 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 the funding to construct that monument as well as some kind of plan of maintaining that. Not let that be another burden on the City because we -- it talks about a monument administrator. I'm not so sure what -- we have to talk about that probably a little bit more. But that administrator's job would be to do the legwork, I suppose, and then bring it back to the City Manager and discuss and then, finally at some point brought to us for ruling on. I think that's what that's intended to be, right? MR. CHEROF: That's right. The administrator would be -- you know, would be somebody that works at the administrative level of the City appointed by the City Manager or you know, hired for that particular purpose when funded by the City Commission. With respect to the maintenance issue, Vice Mayor, that is addressed in the sections that begin about line 260 that whenever there is the proposal for a monument there should be a commitment to and the identification of variable funding sources for it. So, there is some language in there regarding recognizing that monuments have to be maintained over a period of time, including at line 275, the fact that you may require a maintenance agreement to be entered into to deal with that so that the City does not have to absorb Prototype Inc. (954) 249-2177 Page 538 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 the cost of it as well. Back to one of your original comments about a monument that goes up tomorrow, how long does it have to stay up there before the Commission can change its mind and take it down? You know, if you have a monument that's dedicated to -- let's just make up an example -- some historic figure from the City's past and you do a monument to that person and research reveals next week that that person was engaged in any kind of inappropriate conduct or advanced inappropriate ideas by today's standards, you wouldn't want to keep that monument up any longer than it takes the Commission to vote on taking it down. We don't know about everybody's history when we choose to honor them with monuments or statues of that particular nature. And that's what that introductory language is intended to reflect based upon I think what you would all recognize is the issues regarding monuments over the last three or four years around the country and I'm referring to Civil War "heroes." VICE MAYOR HAY: Just a couple of other observations because the night is getting late here. Line 184, it talks about a proposed monument that has been rejected may be resubmitted for a period of three years. Is that the norm, Jim, around the country? Prototype Inc. (954) 249-2177 Page 539 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 MR. CHEROF: I wouldn't say it's the norm. I did find time standards for renewals. Some were longer than that and some were shorter. Line 185, the three years was just a number that I plugged in for discussion purposes. VICE MAYOR HAY: Okay. Should there be anything in here about hurricane -- being able to withstand hurricane category such and such? FEMALE SPEAKER: I think there is with design standards. MR. CHEROF: Yeah, I think we have a engineering standard. Let me see if I can find it quickly. MALE SPEAKER: 11-207, I believe. I could be wrong. MR. CHEROF: Huh? MALE SPEAKER: There is line 207-208, "Monument must be made of durable materials, must withstand the elements minimum of 50 years." VICE MAYOR HAY: And I guess line 258, this is something that's kind of touchy, I guess. It says, "Monuments shall not displace the intended function." So, when I look at recreational social parks and we want to put something that is totally unrelated, is that a direction that you are talking about, Jim? That it's not related at all to the overall intent of the Prototype Inc. (954) 249-2177 Page 540 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 building of that park for softball, baseball, volleyball, picnics? Those kinds of things. MR. CHEROF: Yes, sir, that's exactly right. That is what is intended at line 258 that -- your example is good. A baseball or a park that has three or four baseball areas or soccer fields on them to then decide to displace one of those fields or part of a field making it unusable, with a monument, would be inconsistent with the original intent of previous City Commissioners to designate an area a park area or to have it dedicated by a developer for that matter. VICE MAYOR HAY: Okay, and I guess my last comment for the night, then Ty you can have it, on line 304 it talks about the property owners adjacent to the location of the proposed memorial plaque has been consulted on the placement of the memorial. Is that within a certain footage from the location in question, like 300 feet or there is no -- what was your thinking there, Jim? MR. CHEROF: Just generic in nature. And you're right, Vice Mayor, that might be benefitted by putting a distance requirement, although it could be a sight line issue as well. You could have an adjacent property owner that's in a residential structure seven, eight stories high that would look out over a particular plaque or a Prototype Inc. (954) 249-2177 Page 541 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 monument. So, it could vary from circumstance to circumstance. But I think you're on the right path there. I think that would probably benefit from some sight or distance criteria related to it. We could take a shot at working on some better language there. VICE MAYOR HAY: Thank you. I'll be quiet for now. MAYOR GRANT: Oh, he had his hand up. COMMISSIONER: Oh, I'm sorry. COMMISSIONER KATZ: If that's okay, I've got a couple questions, so we'll add some thoughts first. First, because all of this is wildly subjective, there is no correct or incorrect way to proceed. And as I think the City Attorney pointed out, these ordinances are impossible to craft in a way that they work out perfectly because people will find ways to work with the existing language to still put things out there or try to put things out there that may cause controversy or offend this group or that group. So, to that end, I personally do not want to -- even though it requires two readings, I do not want to vote on this personally tonight because each of us have raised a number of questions that it -- or at least those who have spoken -- that I had not thought about or I have Prototype Inc. (954) 249-2177 Page 542 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 my own set of questions. So, since there literally could be a hundred lines in this that we change individually based on all of our own input and experience, I don't want to feel compelled that this is on the agenda as the first reading, we must adopt this because it is, as I said, supremely subjective. No matter what we do there's going to be unintended consequences where people try to put things in places that get rejected and so -- I won't go further than that. So, that's my position and my request that just because it's on the agenda as a monument policy, it's not an emergency policy, it's not an American Recovery Fund Policy. So, I don't want to vote on it tonight personally. That's one. A couple other things that came up. I do agree with the Vice Mayor that the idea that people would present monuments to us absent funding hypothetically for us to consider funding, I don't know how I feel about that. You know, whatever the issue is, there are probably innocent issues out there that could be memorialized in a monument that nobody objects to, but this is America, so I wager that no matter what we put out there, there will be some objection from some people, Prototype Inc. (954) 249-2177 Page 543 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so I don't know how much I would want taxpayer dollars funding a memorial because we just -- once this is out and again I guess we could do whatever we want -- that's the point of this -- but I just don't want to fund things that people egregiously would not want to pay for. And I don't even know how you define that because, again, of how divided people's opinions are. I have concern about the duration of these monuments. I guess the word "monument" itself, you know, I don't if I personally like it although that's probably the apt word to use to describe this, but I always envision these things kind of being, you know, temporary, whether it was there for a month or six months or a year, but I don't know how comfortable I am with the idea that we would, over time, be erecting and accumulating monument after monument after monument hypothetically. So. I don't know if it's in here. I read the Ordinance, but I didn't -- if it's not in there, then someone correct me that there is no duration or no automatic duration that would require a review every year or every six months or something. If it's approved, it's up until the board would take it down. I don't know if I like that. I like the idea just like public art that it revolves. We have public art out there for a year, maybe a couple years. If Prototype Inc. (954) 249-2177 Page 544 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 there's murals, they would be repainted or painted over, over time. So, I don't know if I like this in perpetuity aspect of it even though it could be revoked at any point by the board. FEMALE SPEAKER: Are you suggesting possibly a period review by staff? COMMISSIONER KATZ: Something with -- for me at least -- with the understanding for anyone applying to do this that I don't want permanent monuments. That's my personal view. I don't want permanent monuments. I want this to be an attraction and it could rotate. And the Commission could, under this scenario, keep reauthorizing it. But I don't like the idea that -- you know, because -- so say I'm the first one. We pass this ordinance and I say I want my monument in this park in this spot and now that's my spot forever hypothetically. And maybe that's like a -- you know, people are going to fight to be quick and be first and if I don't get in this park in my neighborhood then never again. Or that might lead to again an accumulation where how many monuments do we put. I like the idea that our public art on Ocean, for instance, you know, there are pads so public art is in specifically defined places for Prototype Inc. (954) 249-2177 Page 545 c fj 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 specific amounts of time based on the showing length or whatever is determined by the arts board and it allows for there to be change and it allows for the public to weigh in on it. If they don't like it, it's gone in a year because the art display has ended its timeframe. So, that's where my mind's at. Again, with all this being totally subjective. The other question I had is, is there anything in there -- I did not see it, I could have missed it -- that defines an applicant as a resident of the City of Boynton Beach? MR. CHEROF: That is not in there, no. COMMISSIONER KATZ: So that, again, everything being subjective, that to me is number one. If you do not live in the City of Boynton Beach, you should not be allowed to propose a monument. You can live outside the City and have a friend in the City who, I guess, could carry it for you in a proposal, but I don't like the idea that like literally somebody from Texas or New Jersey could come down here for vacation for a month and propose a monument. I don't know. I'm from New Jersey, so I got Bruce Springsteen. I don't know. I would want to provision in there. And to the Mayor's point in reference to Prototype Inc. (954) 249-2177 Page 546 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 qualifying for the ballot and in reference to what Commission Penserga said about what is community outreach or what metrics might define that you've checked your boxes maybe, yeah, I do think that there needs to be qualifications for who applies. And again whether that's a resident and lived in the City for a year, I think that juxtaposition begs the question that maybe the criteria for qualifying to run for office is often extremely low in any given city, the 25 signatures. So, if we're requiring signatures or signatures of residents in the City, I don't know how easily that could be verified if it was registered voters in the City. But then, I don't want to discriminate that if you're not registered to vote and you're a resident, you don't get to sign off and support this. So, these are just thoughts I've had and then thoughts that I've started to think about after these conversations with only the handful of us that have spoken so far that it is opening a can of worms. I don't know if it can be contained, so I definitely do not want to vote on it tonight to initiate the second reading because I'm not a hundred percent sold on the concept at all because there's so many variables and so many subjective aspects to it. And a final statement, I'll point out that the Prototype Inc. (954) 249-2177 Page 547 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 entire genesis of this Ordinance was one group came to the Commission and wanted to put up a monument or a structure so I don't know if the potential negative consequences of opening up free speech by way of monument across the City and public parts is worth it. Because in the five years I've been up here, I have never heard a single resident say we need more monuments or we need monuments. And my last point, hopefully this time, Vice Mayor Hay brought up there's the provision in there that says that it should not detract from the nature of the space or should not inhibit or prevent the space to be used it was intended. To me, I question philosophically too, that if it's a neighborhood park, if it's Sara Sims Park, it's the dog park over in Renaissance Commons Area, should there be any symbols or any not directly relevant whatever is relevant to a park, should there be these in public spaces on a wide scale? So, for instance, we have the dog park as I referenced in Renaissance Commons Area that's dedicated to Officer Crowder. What if somebody wants to put something up there that is critical of law enforcement? What if, in Sara Sims Park in the heart of Boynton, somebody wants to put something up that's objectionable? Prototype Inc. (954) 249-2177 Page 548 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 And I know it's envisioned in the Ordinance, so my final point is I don't know if opening this can of worms is going to produce more benefit or more cost, and that cost is not monetary exactly, it is -- you see around the country division on every topic. Everything is political. And I worry that this opens a can of worms so I don't want to pursue it immediately. I think it requires more thought. It'll never be perfect, but I don't want to rush into it because once you do it, you never know what exactly is going to come out of the woodworks. Thank you. MAYOR GRANT: Thank you. I was born in DC and so we got a lot of monuments over there. They're on government property. So, I do agree with you, Commissioner Katz, that I don't think we should vote on this because there's too much of the language that we are changing and I do believe we're not going to get a redlined copy. So, I will request from this Commission the tabling of it to the second meeting in July for the redlined copy of all the different comments that we have made because we did mention the lines -- you know, the line numbers, so that should hopefully help staff make those changes. Prototype Inc. (954) 249-2177 Page 549 c fj 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commissioner Romelus, do you have comments as well? 24 COMMISSIONER ROMELUS: No, I've just been listening to everybody's comments. I think it's clear that it's just not ready for us to really look at it tonight. So, let's see what comes back and let's also hear from the public as well in terms of what they want to see and if they want to see something like this come into the City. That's all, thank you. MAYOR GRANT: All right. MR. CHEROF: Mayor, I would only ask that if the Commissioners have additional comments or thoughts about the document as they perhaps read it again late tonight or in the morning over breakfast that if you could just provide us with some hand notations or shoot us an email we could target as many sections of it they you'd like to try to expand on the language or define terms in it. It'd be very helpful. Like I said, this is before you for the first time. I think it's an excellent idea to table it. It reflects my drafting based upon my research, but not your individual and collective point of view. COMMISSIONER: Motion to table. COMMISSIONER: Second. MAYOR GRANT: With no further discussion, all Prototype Inc. (954) 249-2177 Page 550 c fl 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 those in favor to tabling to the second meeting in July, aye? COMMISSIONERS COLLECTIVELY: Aye. MAYOR GRANT: All those opposed? Hearing none, motion passes unanimously. Prototype Inc. (954) 249-2177 Page 551 c fj 574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE I hereby certify that I was authorized to and did transcribe the foregoing and the transcript is a true record of the proceedings to the best of my ability. Due to the possibility of audio being difficult to comprehend and the undersigned not being personally in attendance during the recording of the audio, narrative unable to be transcribed is indicated as [inaudible] or [unintelligible]. I further certify that I am not of counsel, I am not related to or employed by any party to this matter, and I am not interested in the outcome thereof. Dated this 17th day of June, 2021. STAFF QF FLORIDA COUNI fit' OF, BRONVApi) 4 SWORN TO and U SC` :IBM 'before ine; the 4y wick year abu vXvrittcn by Lisa Or. Tai -a,.„ vvbo is pusonaMy knoun to arte,. TT 'kale of Iorn ' MIGITTECIWPUM ��ttu�t Prototype Inc. (954) 249-2177 Page 552 c fj 574 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE. 21 - AN ORDNANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CREATION OF A POLICY REGARDING MONUMENTS ON CITY PROPERTY; PROVIDING FOR AMENDMENT TO THE POLICY BY RESOLUTION; PROVIDING FOR REPEAL OF LAWS IN CONFLICT, SEVERABILITY AND PROVIDING AN EFFECTIVE DATE WHEREAS, The City Commission has expressed interest in formalizing a City policy setting forth the procedures for review and approval of monuments; and WHEREAS, the proposed ordinance is intended to establish the policy and if adopted and applied will create a uniformed method governing the process steps required for monument approvals; and WHEREAS, the City Commission finds that it is in the best interest of the personnel and citizens of the City to create a policy for placing monuments on City property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by 20 reference. 21 22 23 24 25 26 27 28 29 30 Section 2. The Policy regarding monuments within the City of Boynton Beach is hereby created as follows: SECTION L PURPOSE AND INTRODUCTION The City may, from time to time, decide to install permanent outdoor Monuments on City property to provide the City's commemoration of persons or events of note, or to otherwise convey the City's position on various topics ("referred to as "Government Speech"). By placing Monuments on City property, the City intends only to engage in Page 1 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 553 of 574 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 governmentspeech and does not intend to open a public forum for free speech activity. The purpose of this Policy is to establish criteria and guidelines for the consideration and installation of Monuments outdoors in parks or open spaces owned by the City and deemed by the City to be appropriate to serve as the site for a Monument. In doing so, the City recognizes the following considerations: • Monuments can convey a powerful connection between Boynton Beach and its history, and in some instances its future. • It is therefore important that the placement of Monuments be limited to circumstances of the highest community -wide importance, both to maintain the significance of such Monuments and to minimize conflicts with the active and variable use of public spaces. • Monuments must be of City approved materials, size, design and specifications, with a goaltoward simplifying their review and long-term care. • Monument locations must conform to City planning regulations. Variances to setback requirements and height limits are not permitted. • Societal appropriateness evolves and changes over time. A Monument deemed appropriate when approved may be inappropriate at some time in the future. When the City Commission finds that a Monument or any part therefore is inappropriate, the Monument should be removed or the inappropriate portion thereof modified. Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject a proposalfor a Monument and/or may determine the appropriate site for any and all City Monuments. SECTION IL MONUMENT DEFINITION "Monuments" are markers, statues and other similar permanent installations to express Government Speech, as further described in this policy, and which are installed by the Cityon City property, or which are accepted by the City and installed on City property with City permission. Monuments may be in various forms including statues, fountains, or gardens among other forms of monuments as determined by the City. Page 2 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 554 of 574 77 SECTION III. GOVERNMENT SPEECH ON MONUMENTS 78 79 Citv's Government Speech Tom 80 81 The City may install or accept City -approved Monuments on City property as a 82 form of`Government Speech" as City recognition of significant events or people 83 or to provide information from the City on topics approved by the City, as set 84 forth below: 85 86 The contributions of individuals or groups who made a substantial impact 87 upon the City of Boynton Beach; 88 The City's position on topics of interest to the community, as determined 89 by City Commission; 90 The history of Boynton Beach, the State of Florida, or of the United States; 91 Historical or cultural influences on Boynton Beach; 92 Native flora, fauna and wildlife of Boynton Beach; 93 Local innovation or creativity that has contributed to Boynton Beach's 94 growth and prosperity; or 95 Other criteria selected by City Commission and set forth in an amendment to this 96 Policy. 97 98 The City shall not place Monuments on City property which have the purpose of 99 promoting, favoring or inhibiting any religion or which would appear to a reasonable 100 person that the City is promoting, favoring, or opposing a religion. 101 102 Monuments should serve as educational messages and should promote inclusiveness 103 and tolerance. 104 105 SECTION IV. ADMINISTRATION 106 107 The City Manager, following conceptual approval by the City Commission, may 108 approve or deny Monument proposals and may enact administrative guidelines and 109 procedures to implement this Policy, including without limitation, designation of 110 locations deemed amenable to Monuments. The City Manager shall also designate a 111 lead Department Head as Monuments Administrator of the City's Monument program. 112 113 Notwithstanding that certain City property may be operated or managed by a private 114 operator pursuant to an agreement, the evaluator of the Monument and the final decision 115 maker shallbe the City and not the private operator or manager. The City Monuments 116 Administer shall coordinate with the Public Art Administrator with regard to any 117 Monument that is primarilyPublic Art, as further described below. 118 119 SECTION V. DONATED AND PRIVATE FUNDING OF MONUMENTS Page 3 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 555 of 574 120 121 The City encourages private donations to the City to support various City programs and 122 City operations, which may include without limitation, the cost of acquisition, 123 installation and maintenance of Monuments on City property. The City prefers to receive 124 private donations inthe form of funds that may be used by the City to review, design, 125 fabricate, acquire, install and/or maintain Monuments, rather than the donation of a 126 completed Monument. 127 128 However, the City may from time to time, at City's sole option, consider accepting a 129 completed Monument as a form of Government Speech, provided that the Monument 130 meetsthe City's approved Government Speech topics and also meets all of the other 131 criteria set forth in this Policy and in any related administrative guidelines or 132 procedures. After City's acceptance of a Monument and subject to City's explicit 133 approval of installation of the Monument upon City property, title to the Monument 134 shall vest with City and the City may remove, relocate and shall otherwise have sole 135 control over the Monument. 136 137 While the City appreciates donations of Monuments to the City, the City is under no 138 obligation to accept any donated Monument even if the Monument meets all of the 139 criteria set forth in the Policy. The City's decision to accept a donated Monument may 140 also dependupon the cost to the City or Community Redevelopment Agency of design, 141 fabrication, installation and maintenance of the Monument and site considerations, 142 among other factors. 143 144 The City may, at its option, decide for budgetary reasons to prioritize Monuments where 145 the City expects to receive donated funding to cover the cost of design, fabrication, 146 installation and maintenance of the Monument. Unless otherwise agreed by City 147 Commission, the donor of aproposed Monument is responsible for providing the City 148 with funds to cover the cost of review, design, fabrication, installation and maintenance 149 to ensure adequate care for the Monument. 150 151 SECTION VI. REVIEW PROCESS 152 The following is a summary of the steps in the review process. More details regarding each 153 step will be set forth in administrative policies issued by the City Manager. 154 155 Step 1 Monument proposed 156 Step 2 Monuments Administrator conducts preliminary review. The City 157 Monuments Administrator shall provide the initial screening of Monument 158 proposals to determine if the proposed Monument complies with the 159 provisions of this Policy including without limitation, to evaluate the 160 suitability of the proposed Monument site, if any. 161 162 • In not in compliance, proposer is notified and may 163 resubmit 164 • If in compliance, Step 3 Page 4 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 556 of 574 165 166 Step 3. City Manager appoints a City staff committee to review and make 167 recommendations. 168 Step 4. Committee makes recommendations to City Manager 169 Step 5. City Manager submits report to City Commission 170 Step 6. City Commission public hearing and disposition of proposal 171 Step 7. City Administration implementation of approved Monument 172 173 174 City Commission shall have final approval of a City project to design and construct a 175 Monument, or to accept a donated Monument. The decision of the City Commission is 176 a legislative decision made following a public hearing. The hearing is not a quasi-judicial 177 hearing. The Commission decision may be tabled once and following approval or 178 rejection is not subject to a motion for reconsideration. City Commission shall make a 179 final determination on the approval or denial of the Monument proposal by evaluating 180 (i) the merits of the Monument proposal based upon the criteria set forth in this Policy, 181 (ii) City Manager's reason for denial, (iii) the results of any staff review of the proposal, 182 and (iv) the recommendations of the appropriate City Commission. 183 184 No proposed Monument that has been rejected may be re -submitted for a period of 185 three (3) years. 186 187 All required environmental and sustainability review shall be approved by the City's 188 planning department beforethe City commits to installing a Monument. The Monument 189 shall be consistent with adopted City master plans and adopted Redevelopment Agency 190 master plans unless those plans are amended as a part of the review process. 191 192 Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject a 193 proposalfor a Monument and/or may determine the appropriate site for any and all City 194 Monuments. 195 196 Additional Review Process if a Monument is Primarily an Original "Work of Art" 197 198 The Director of Public Art shall recommend and advise the City Manager, whether a 199 proposed Monument is primarily an original "work of art". A "work of art" is defined 200 as a Monument that is designed by and crafted by or under the supervision of a 201 professional artist. A Monument that is deemed primarily a "work of art" shall be 202 considered "public art" and shall become part of the City's Public Art Program 203 inventory. 204 205 SECTION VII. REVIEW CRITERIA 206 207 A proposed Monument must conform to the approved Government Speech topics. Also, 208 a Monument must be made of durable materials, able to withstand the elements for a 209 minimumof 50 years with minimum maintenance, shall be made of materials resistant to 210 vandalism and graffiti as much as is reasonably possible, shall be of a scale, materials, Page 5 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 557 of 574 211 color and style appropriate and consistent with aesthetics of the proposed location of the 212 Monument and such other reasonable factors as City Manager determines. 213 The City may decline to approve or to accept a Monument for any lawful reason. 214 215 The City shall only proceed with the design, fabrication, and installation of a Monument 216 aftercompletion of the review process and the conclusion is to move forward. In 217 reviewing a proposed monument, the relevant Departments, the applicable City 218 Commission and City Manager shall review the proposal based upon the criteria set 219 forth in this Policy including the following: 220 A. Whether the person, group or event being memorialized deemed by the City to 221 havemade a significant enough contribution to merit a Monument of the scale, 222 cost and visibility of the proposed Monument. 223 224 B. The Monument does not duplicate existing Monument themes. Multiple 225 monuments forsimilar or related groups shall be avoided. 226 227 C. The Monument proposal has been through community outreach conducted by the 228 group or person suggesting that the City install the Monument, and that the 229 installation and maintenance of the Monument is within the priorities of the work 230 plan of the responsible Department. 231 232 D. Outreach should inform the community that this Policy only authorizes one 233 Monument to honor a particular event, person or topic. 234 235 236 237 E. The proposed Monument is not objectionable to the persons or community that the 238 Monument is intended to honor. If through the public outreach process, the City 239 Managerfinds that a proposed Monument is a source of substantial dissention or 240 discord within the City, the City Manager shall seek further direction from Rules 241 Committee before making a final determination. 242 243 F. The proposed site in the park or plaza for the Monument is related to the 244 underlyingpurpose of the Monument or the site in the park or plaza has been 245 designated in a master plan or other approval of the City Commission or City 246 Manager as a particularly appropriate site for a proposed Monument. 247 248 G. The Monument has been designed by or under the direct supervision of a 249 qualifiedprofessional in the art or design field, and provides a quality, scale, 250 and character commensurate with the location, circulation, and use patterns of 251 the City property. 252 253 H. Qualified professionals include registered architects, engineers, landscape 254 architects andartists who can demonstrate professional recognition in the form 255 of public commissions or permanent public installations. The City may solicit Page 6 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 558 of 574 256 input from art and design professionals such as artists, architects, landscape 257 architects, planners or urban designers in making this determination. 258 Monuments shall not displace the intended function and or use of said 259 property, as articulated in adopted master plans or similar Citydocuments. 260 261 I. There is a committed and verifiable funding source for the review, design, 262 fabrication, installation and maintenance of the Monument before proceeding to 263 incur City costs andstaff time. 264 265 J. Suggestions that the City recognize a significant event, person or other approved 266 topic by means of a Monument, will be more favorably received if the advocates 267 for the Monument provide the City with funds that cover the cost of review, design, 268 fabrication and installation,and an adequate endowment to cover the cost of the 269 Monument's maintenance as determined by City. 270 271 K. While less desirable, the City may consider accepting an agreement from a group 272 to maintain a Monument in perpetuity and in accordance to City Standards rather 273 than a cash endowment; however, this will require the City to incur additional effort 274 and cost, including without limitation, compliance with the City's public-private 275 competition policy. In any Monument maintenance agreement, the City will require 276 an up -front endowment or deposit to cover at least one year's maintenance of the 277 Monument to protectthe City against future default. Notwithstanding the City's 278 decision to enter into a maintenance agreement, the Monument remains City 279 property and City's Government speech and the City may remove the Monument 280 at any time and for any reason. 281 282 The following additional criteria and factors shall be considered in evaluating a site 283 (whichmust be within a park or plaza) for a proposed Monument: 284 285 Streets and other public rights-of-way also shall not be considered for use as 286 Monument sites, except to honor City employees who have died in the line of duty, 287 as further provided below. 288 289 Monuments may be considered in Neighborhood Parks of more than five acres and 290 thathave at least one Community Serving Amenity as defined in the City's 291 approved masterstrategic plan for parks and community facilities. Monuments in 292 Neighborhood Parks should have a connection to the neighborhood through 293 history, individual or group contributions and accomplishments, or similar factors. 294 295 SECTION VIII. PUBLIC RIGHT OF WAY 296 297 The public right of way shall not be considered as a site for Monuments, except that the 298 Citymay honor City employees who die or have died in the line of duty while serving 299 the City, byplacing a memorial plaque at or near the location of each employee's death. 300 The City's Director of Engineering is authorized to install memorial plaques in the 301 public right-of-wayto commemorate City employees who have died in the line of duty Page 7 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 559 of 574 302 while serving the City if each of the following conditions exists 303 304 1. The property owner adjacent to the location of the proposed memorial 305 plaquehas been consulted on the placement of the memorial_ In the event 306 the property owner does not agree to the proposed location, the City will 307 attempt to locate a nearby alternative location. 308 2. The memorial plaque must be flat and level with the sidewalk, and 309 placedbehind the curb. 310 3. The memorial plaque must not interfere with the public use of the 311 sidewalk orright-of-way area. 312 313 314 SECTION IX. OTHER POLICIES 315 316 Nothing in this Policy is intended to supersede or limit any other City Commission 317 Policy including without limitation, the City's Naming Policy, Community or 318 Neighborhood Identification Policy, or the City's Revenue Generating Policy. 319 320 This Policy does not cover temporary installations on City property, nor does this Policy 321 limit the City's ability to place signage or plaques on City property to provide donor or 322 sponsor recognition, public information regarding a City project, or to place historical 323 markers or to provide other information to the public. 324 325 City Development and Planning Departments may enact administrative guidelines 326 regarding plaques or signage for donor or sponsor recognition in a manner consistent 327 with the provisions of this Ordinance. 328 329 330 Section 3. This Monument Policy may be amended from time to time by Resolution 331 of the City Commission. 332 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 333 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 334 Section 5. If any clause, section, or other part or application of this Ordinance shall be 335 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 336 or invalid part or application shall be considered as eliminated and so not affecting the validity of 337 the remaining portions or applications remaining in full force and effect. Page 8 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Page 560 of 574 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 Section 6. This Ordinance shall become effective on passage. FIRST READING this day of , 2021. SECOND, FINAL READING AND PASSAGE this day of , 2021. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Attest: Crystal Gibson, MMC City Clerk (Corporate Seal) Page 9 of 9 S:\CA\Ordinances\Monument Policy - Ordinance.Docx Vote Page 561 of 574 11.A. New Business 8/17/2021 Requested Action by Commission: Per Mayor Grant's request, staff has prepared some preliminary information for a discussion by City Commission on timeline, Commission Workshop and issuing of a Parks and Recreation bond referendum for the March 2022 election. Explanation of Request: Below is a timeline of events for the Parks and Recreation Bond to proceed to the ballot for the March 2022 election. A City Commission Workshop would need to be held in addition to a resolution approved prior to December 1, 2021 per the statutory deadline by the Supervisor of Elections. 08/17/21 Staff/Commission to Discuss Project List to Be Financed, Run Tax Payer I mpact Assumptions based on Varying Dollar Amounts to present options to City Commission for sizing of G.O. Bond Issue 09/01/21 City Commission Workshop to discuss GO Bond Projects/Options--Discuss 30 vs 20 year borrowing and how much, and what parks would be considered City Commission directs staff to proceed with preparation of resolution authorizing bond referendum for 03/01/2022 Referendum 09/26/21 Bond counsel prepares draft resolution authorizing bond referendum (including text of ballot question) and circulates for comments 10/03/21 City staff, City Attorney and financial advisor reviews and comments on draft resolution authorizing bond referendum 10/10/21 Bond counsel submits to City final resolution authorizing bond Referendum 10/20/21 Staff prepares Agenda Item for resolution authorizing Referendum 11/10/21 City Commission (at regular meeting) approves and adopts resolution calling for Referendum and specifying ballot question (project scope, ballot question and referendum date determined 12/01/21 City Clerk to Notify County of intent to have ballot question to Supervisor of Elections (90 days min. notice) 01/25/22 City Clerk has published first notice of bond referendum (five weeks prior to Referendum) 02/01/22 City Clerk has published second notice of bond referendum (four weeks prior Page 562 of 574 *Note: Due to statutory deadlines, staff has set forth an aggressive timeline to meet a March 2022 Ballot date. Further, this process does not provide time to attain engineering cost estimates for more precise bond values. How will this affect city programs or services? Funding would be available as proposed in the bond referendum for Parks and Recreation. Fiscal Impact: Based on a $50,000,000.00 borrowing amount at 3.25% for 30 years the first year debt millage would be approximately .38. (Examples of homeowner impact are provided in the attached) Based on a $50,000,000.00 borrowing amount at 3.00% for 20 years the first year debt millage would be approximately .49. (Examples of homeowner impact are provided in the attached) Alternatives: Not proceed with the debt referendum and continue improving parks within the current Capital Projects plans. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 563 of 574 to Referendum) 02/08/22 City Clerk has published third notice of bond referendum (three weeks prior to Referendum) 02/15/22 City Clerk has published fourth notice of Referendum (two weeks prior to Referendum) 02/22/22 City Clerk has published fifth notice of Referendum (one week prior to Referendum) 02/28/22 City Clerk to publish ballot question and final notice of the referendum 1 day prior to the referendum 03/01/22 Referendum Vote on G.O. Bond Issue 03/04/22 City Clerk to Canvas Results of Referendum 03/15/22 Resolution to Commission to adopt the debt 03/16/22 Validation of bond process (90 days) 06/30/22 Issue Debt financing *Note: Due to statutory deadlines, staff has set forth an aggressive timeline to meet a March 2022 Ballot date. Further, this process does not provide time to attain engineering cost estimates for more precise bond values. How will this affect city programs or services? Funding would be available as proposed in the bond referendum for Parks and Recreation. Fiscal Impact: Based on a $50,000,000.00 borrowing amount at 3.25% for 30 years the first year debt millage would be approximately .38. (Examples of homeowner impact are provided in the attached) Based on a $50,000,000.00 borrowing amount at 3.00% for 20 years the first year debt millage would be approximately .49. (Examples of homeowner impact are provided in the attached) Alternatives: Not proceed with the debt referendum and continue improving parks within the current Capital Projects plans. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 563 of 574 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description 30 Yeair' ASSE)SSEd M.-IkAE) Cak�,Ulbtioin 20 Yea ir' ASSE)SSEd M.-IkAE) Cak�,Ulbtioin (':.,)0 IBoind EstiirnatEd MilbgE�, ASW: LAiryiptioins Page 564 of 574 A C 00 O ayi m Q y a y O v � U m > m D F ti LO O LO LO (D 0) 0— O O apa IIIlea " 0z O r C v IIS � o 0 0 o o N _0 LO O N 00 CM M O L6 Iv O 0 • - w m O Cl) LO N O tb N N O (6 O O E W O �qA O k N N Q) O O (D O O N O d 4 tR 0. 5 ti LO O LO LO (D 0) 0— ti LO 4 0 m m LO (1) c� a ax rlr; it rlr; r a "o r lila'" R a:r ar El III XM c c � F G O O 00 • • R a m m WFr O �WTo Wi lL U E Q Q)N wIOU .� h a c a ti LO 4 0 m m LO (1) c� a 13.A. Future Agenda Items 8/17/2021 Requested Action by Commission: Select University to conduct Redistricting Study per Charter requirements after each Census - September 8, 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: Attachments: Page 568 of 574 13. B. Future Agenda Items 8/17/2021 Requested Action by Commission: Approve and authorize an amendment to Franchise Agreement with FLSC, LLC., for the textile recycling program and designate a procedure for use of revenues generated from said contract. - September 8, 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: Attachments: Page 569 of 574 13.C. Future Agenda Items 8/17/2021 Requested Action by Commission: Staff will present the Communication and Outreach plans for the ARPA funding - September 8, 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: Attachments: Page 570 of 574 13.D. Future Agenda Items 8/17/2021 Requested Action by Commission: The Building Department will present it's Outreach Forum Series and Video Initiatives- September 8, 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: Attachments: Page 571 of 574 13.E. Future Agenda Items 8/17/2021 Requested Action by Commission: Presentation by Boynton Beach Rugby, Inc. - September 21, 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: Attachments: Page 572 of 574 13. F. Future Agenda Items 8/17/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - October, 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: Attachments: Page 573 of 574 13.G. Future Agenda Items 8/17/2021 Requested Action by Commission: Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - 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: Attachments: Page 574 of 574